HOUSE MEMORIAL 1

53rd legislature - STATE OF NEW MEXICO - first session, 2017

INTRODUCED BY

Tomás E. Salazar

A MEMORIAL

REQUESTING THE INTERSTATE STREAM COMMISSION TO CONVENE A TASK FORCE TO MAKE RECOMMENDATIONS TO CORRECT DEFICIENCIES IN STATE AND REGIONAL WATER PLANNING PROGRAMS AND PROCESSES.

     WHEREAS, legislative authority for regional water planning was enacted in 1987 and was compiled at Section 72-14-43 NMSA 1978, wherein the legislature found that "the future water needs of New Mexico can best be met by allowing each region of the state to plan for its water future"; and

     WHEREAS, with the interstate stream commission, local government and private financial support, sixteen regions developed their own regional water plans during the period from 1995 to 2008; and

     WHEREAS, during the thirty years that have elapsed since regional water planning was authorized, threats to the sustainability of New Mexico's water supplies have grown as changing patterns of precipitation and increased demand have reduced the availability of surface water, resulting in unsustainable mining of ground water in many parts of the state; and

     WHEREAS, in 2013, the interstate stream commission initiated a regional water plan update program that has been largely implemented by interstate stream commission consultant contractors assigned to every region working with pro forma steering committees convened to provide input to and ratify work products generated by those consultants; and

     WHEREAS, concerns have been voiced around the state regarding the process employed being driven by the state rather than at the regional level, with the "common technical platform" and with the "administrative water supply", resulting in a failure to use best available science in the update and thus making the regions potentially more vulnerable to future impacts, including compact litigation; and

     WHEREAS, ongoing integrated water resources planning tied to monitoring and implementation is vital for ensuring the future economic, ecological and cultural well-being of New Mexico;

     NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE STATE OF NEW MEXICO that it affirm the importance of water planning and implementation as intended in the 1987 legislation, while noting that a lack of adequate definition of regional organizations, boundaries and scope of authority has hampered the ability of existing regional entities to fulfill their potential; and

     BE IT FURTHER RESOLVED that the interstate stream commission be requested to convene a volunteer task force organized into at least three statewide working groups that will focus on public and tribal participation, best available technical data and adjudication to define how future water planning should be accomplished in the state; and

     BE IT FURTHER RESOLVED that the task force address improvements in the following areas related to water planning:

          A. governance and institutional arrangements;

          B. strengthening planning linkages;

          C. public participation;

          D. tribal participation;

          E. technical information; and

          F. water rights adjudication; and

     BE IT FURTHER RESOLVED that the task force develop, through an open process, a detailed plan or proposal for statutory, agency and regional action, to include the rationale for and results expected from the water planning, specific tasks, milestone schedules and estimated costs, to be presented to the appropriate legislative interim committee not later than July 1, 2018 for approval or modification; and

     BE IT FURTHER RESOLVED that the task force membership, solicited through open invitation, include a diverse set of participants from the sixteen planning regions, representing, at a minimum, the following interests:

          A. tribes;

          B. agriculture;

          C. the extractive industry;

          D. urban users;

          E. development and urban businesses;

          F. environmental protection;

          G. future water users;

          H. county and municipal governments; and

          I. current water rights holders;

as well as representatives from the interstate stream commission and other invited state agencies, such as the office of the state engineer, the department of environment and the energy, minerals and natural resources department; and

     BE IT FURTHER RESOLVED that the task force address improvements in the following areas related to water planning:

          A. institutional arrangements that encourage collective learning and consideration of issues often reduced to "externalities";

          B. strengthening planning linkages among different types and levels of plans and among planning and administration;

          C. full engagement of a broader range of stakeholders throughout the process;

          D. meaningful and ongoing consultation with the governments of federally recognized tribes under the State-Tribal Collaboration Act;

          E. credible hydrological and demographic data, using common technical methodologies and working with local experts; and

          F. advancing adjudications by making them a legislative priority, exploring alternative agencies and reviewing the multiple roles of the office of the state engineer; and

     BE IT FURTHER RESOLVED that the task force consider the legislature's encouragement of collaboration among neighboring communities sharing common water sources or otherwise connected hydrologically to develop shared strategies to improve their resilience; and

     BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the interstate stream commission, office of the state engineer, department of environment, energy, minerals and natural resources department, each Indian nation, tribe and pueblo in New Mexico and the New Mexico water dialogue.

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