HOUSE BILL 194

55th legislature - STATE OF NEW MEXICO - first session, 2021

INTRODUCED BY

Kristina Ortez

AN ACT

RELATING TO WATER; AMENDING THE ACEQUIA AND COMMUNITY DITCH FUND ACT; AUTHORIZING FUNDS TO BE USED TO PROVIDE ASSISTANCE TO ACEQUIAS AND COMMUNITY DITCHES IN IMPLEMENTATION OF A NEGOTIATED SETTLEMENT THAT WAS REACHED IN AN ADJUDICATION SUIT.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. Section 73-2A-1 NMSA 1978 (being Laws 1988, Chapter 157, Section 1) is amended to read:

     "73-2A-1. SHORT TITLE.--[This act] Chapter 73, Article 2A NMSA 1978 may be cited as the "Acequia and Community Ditch Fund Act"."

     SECTION 2. Section 73-2A-3 NMSA 1978 (being Laws 1988, Chapter 157, Section 3, as amended) is amended to read:

     "73-2A-3. FUND CREATED.--

          A. An "acequia and community ditch fund" is created in the state treasury, to be expended upon order of the director of the New Mexico department of agriculture to carry out the purposes of contracting with acequia and ditch associations constituting a majority of acequias or ditches within an adjudication suit, [or] a separately administered portion of an adjudication suit or an ongoing or completed adjudication suit in which a negotiated settlement was reached to provide assistance to acequias and community ditch associations in the adjudication process or settlement implementation, including historical studies, economic impact reports, expert witness fees, legal fees and other technical services related to the adjudication process or settlement implementation.

          B. Money in the acequia and community ditch fund may be used to enter into agreements for grants-in-aid to satisfy costs and expenses incurred by acequias and community ditch associations. The amount of funding provided to acequia and ditch associations in any given year shall be determined by a simple majority of a committee consisting of the director of the New Mexico department of agriculture, the [chairman] chair of the interstate stream commission and a third person [who will be] elected from within the New Mexico acequia commission. The committee shall consider financial need, progress of the adjudication and the trial schedule; however, the committee is not limited to these factors in awarding grant agreements. No more than one-fourth of the money allocated from the acequia and community ditch fund shall be allocated to one acequia association; provided, however, that at least the eight most qualified applicant associations may be considered to receive money that is in the fund and available for any given fiscal year. The committee shall consider the state engineer's report on the eligibility and priority of applicants for funds. Disbursement of the fund shall be made upon a warrant drawn by the secretary of finance and administration transferring money in the fund to the New Mexico department of agriculture for expenditure pursuant to vouchers signed by the director or [his] the director's representative. Balances in the fund at the end of any fiscal year shall not revert to the general fund and may be expended to carry out the purposes of the Acequia and Community Ditch Fund Act."

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