0001| AN ACT | 0002| RELATING TO STATE PARKS; AMENDING THE RIO GRANDE VALLEY STATE PARK ACT | 0003| TO PROVIDE FOR COORDINATION AND COOPERATION WITH THE MIDDLE RIO GRANDE | 0004| CONSERVANCY DISTRICT. | 0005| | 0006| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0007| Section 1. Section 16-4-10 NMSA 1978 (being Laws 1983, Chapter | 0008| 18, Section 2) is amended to read: | 0009| "16-4-10. DECLARATION OF POLICY.--The preservation, protection | 0010| and maintenance of the natural and scenic beauty of a designated | 0011| portion of the Rio Grande and its immediate corridor is in the public | 0012| interest. The designation of the Rio Grande Valley state park will | 0013| enable people to enjoy the recreational, environmental, educational | 0014| and wildlife benefits of the river. Therefore, the legislature | 0015| declares it to be in the public interest, in furtherance of sound | 0016| environmental policy and for the good of the people to establish the | 0017| Rio Grande Valley state park in coordination and cooperation with the | 0018| conservancy district." | 0019| Section 2. Section 16-4-11 NMSA 1978 (being Laws 1983, Chapter | 0020| 18, Section 3, as amended) is amended to read: | 0021| "16-4-11. DEFINITIONS.--As used in the Rio Grande Valley State | 0022| Park Act: | 0023| A. "conservancy district" means the middle Rio Grande | 0024| conservancy district as an owner of the bosque land within the park; | 0025| B. "operating party" means the party designated by the | 0001| secretary to manage and administer the state park in coordination and | 0002| cooperation with the conservancy district; and | 0003| C. "secretary" means the secretary of energy, minerals and | 0004| natural resources." | 0005| Section 3. Section 16-4-13 NMSA 1978 (being Laws 1983, Chapter | 0006| 18, Section 5, as amended) is amended to read: | 0007| "16-4-13. MANAGEMENT.-- | 0008| A. The provisions of the Rio Grande Valley State Park Act | 0009| shall not take effect until the secretary has fully executed a | 0010| management agreement with an operating party and shall cease to be in | 0011| effect if the management agreement is terminated. The management | 0012| agreement shall include a map delineating the boundaries of the park. | 0013| The park shall be established when the management agreement is signed | 0014| by the secretary and the designated representative of the operating | 0015| party. A provision of the management agreement shall require twelve | 0016| months' written notice prior to any termination taking effect. | 0017| B. The conservancy district and the city of Albuquerque as | 0018| the managing and operating party shall work in coordination and | 0019| cooperation with the conservancy district in the Rio Grande Valley | 0020| state park. The conservancy district and the city of Albuquerque as | 0021| the managing and operating party shall develop and update the current | 0022| management plan through a public hearings process, for approval by the | 0023| secretary, which is consistent with the provisions of the feasibility | 0024| study previously prepared that satisfies the requirements of | 0025| Subsection G of Section 16-2-11 NMSA 1978, to realize the objectives | 0001| of the Rio Grande Valley State Park Act. The plan shall be prepared | 0002| in cooperation with the appropriate federal, state and local agencies | 0003| and shall include among other things: | 0004| (1) consideration for cooperative management | 0005| arrangements between state, federal, conservancy, flood control and | 0006| municipal authorities; | 0007| (2) measures to control recreational use of the | 0008| designated river to protect the river's natural values; and | 0009| (3) measures to minimize any adverse impact to the | 0010| park caused by public transportation or other public improvement | 0011| projects to be located in close proximity to the park. | 0012| C. The conservancy district and the city of Albuquerque as | 0013| the managing and operating party may seek the assistance and aid of | 0014| the department of game and fish for resource and wildlife management | 0015| within the Rio Grande Valley state park." | 0016| Section 4. Section 16-4-14 NMSA 1978 (being Laws 1983, Chapter | 0017| 18, Section 6, as amended) is amended to read: | 0018| "16-4-14. LAND USE AND ACQUISITION.-- | 0019| A. The secretary shall not condemn any land or interests in | 0020| lands within the Rio Grande Valley state park under state | 0021| jurisdiction. | 0022| B. The operating party may acquire, in furtherance of the | 0023| objectives of the Rio Grande Valley State Park Act and on behalf of | 0024| the state, land, improvements or any interest within the boundaries of | 0025| the Rio Grande Valley state park by purchase, lease, exchange or gift | 0001| and enter into agreements with private landholders concerning the same | 0002| at fair market value. | 0003| C. The secretary, conservancy district and the city of | 0004| Albuquerque as the managing and operating party may accept and receive | 0005| gifts and bequests of money or other property, including funds from | 0006| the federal government, for purposes consistent with the Rio Grande | 0007| Valley State Park Act. | 0008| D. The Rio Grande Valley state park shall be administered | 0009| in such a manner as to protect and enhance the scenic and natural | 0010| values of the Rio Grande. | 0011| E. Nothing in the Rio Grande Valley State Park Act shall be | 0012| construed as being incompatible with existing state property laws. | 0013| Nothing shall be construed to be incompatible with regulation of river | 0014| flow for flood control, sediment control or beneficial uses of water | 0015| or with the need for life saving, fire suppression, public health or | 0016| emergency flood management. | 0017| F. Future public utility crossings, including but not | 0018| limited to sewer lines, sewer outfalls and water lines and facilities, | 0019| are permitted uses in the park, subject to the following: such | 0020| facilities shall be placed underground or in existing easements, | 0021| provided that if such placement is determined by the utility not to be | 0022| practical due to unusual environmental, economic or technical | 0023| problems, the utilities shall make such findings and present them to | 0024| the conservancy district and the city of Albuquerque for approval of | 0025| placing the proposed facilities above ground or outside existing | 0001| easements. The utility shall also demonstrate to the conservancy | 0002| district and the city of Albuquerque that location of the proposed | 0003| facility outside the park would cause undue hardship to the utility. | 0004| G. The Rio Grande Valley State Park Act shall not prohibit | 0005| existing or future drainage or flood control projects approved by a | 0006| county, municipality or flood control agency. Such projects shall be | 0007| reviewed by the conservancy district | 0008| and the city of Albuquerque as the managing and operating party and | 0009| the county, municipality or flood control agency shall cooperate to | 0010| minimize adverse impact on the park caused by such projects." | 0011| Section 5. Section 16-4-15 NMSA 1978 (being Laws 1983, Chapter | 0012| 18, Section 7, as amended) is amended to read: | 0013| "16-4-15. VIOLATIONS--INJUNCTIONS.--Any person may be restrained | 0014| and enjoined from engaging or continuing in an act that violates any | 0015| provision of the Rio Grande Valley State Park Act or any rule or | 0016| regulation promulgated by the conservancy district or the city of | 0017| Albuquerque pursuant to the Rio Grande Valley State Park Act." | 0018| Section 6. Section 16-4-16 NMSA 1978 (being Laws 1983, Chapter | 0019| 18, Section 8) is amended to read: | 0020| "16-4-16. JOINT POWERS.--The conservancy district and the | 0021| city of Albuquerque, as the managing and operating party, shall | 0022| coordinate and cooperate with each other in the operation of the | 0023| Rio Grande Valley state park pursuant to a joint powers agreement. | 0024| The conservancy district and the city of Albuquerque shall enter | 0025| into a joint powers agreement to effectuate the provisions of the | 0001| Rio Grande Valley State Park Act; provided, however, that nothing | 0002| in the Rio Grande Valley State Park Act shall be construed in such | 0003| a way as to obstruct or interfere with the jurisdiction of the | 0004| conservancy district over its property within the park or the | 0005| conservancy district's duties, operations, maintenance, | 0006| obligations, construction of new works or functions of the middle | 0007| Rio Grande conservancy district as provided in Chapter 73, | 0008| Articles 14 and 18 NMSA 1978 or the duties and obligations of the | 0009| state of New Mexico under the Rio Grande Compact or agreements or | 0010| contracts between the conservancy district and federal agencies | 0011| such as the United States department of the interior, the bureau | 0012| of reclamation and the United States army corps of engineers; and | 0013| provided further, that the operating party or others shall take no | 0014| actions to interfere with, and nothing in the Rio Grande Valley | 0015| State Park Act shall be construed to interfere with, the | 0016| conservancy district's authority and sole jurisdiction over its | 0017| levees, roads and drains and conservancy lands contiguous with the | 0018| boundary of the park. In the event the operating party and the | 0019| conservancy district fail to resolve a dispute regarding the | 0020| management and administration of the park, the operating party and | 0021| the conservancy district shall submit any unresolved disputes to a | 0022| mutually agreeable impartial mediator for mediation." | 0023| |