0001| HOUSE BILL 603
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0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0003| INTRODUCED BY
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0004| WILLIAM E. PORTER
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0005|
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0006|
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0007|
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0008|
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0009|
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0010| AN ACT
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0011| RELATING TO RIPARIAN AREAS; ENACTING THE RIPARIAN ENHANCEMENT
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0012| ACT; CREATING THE RIPARIAN ENHANCEMENT BOARD; MAKING AN
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0013| APPROPRIATION.
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0014|
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0015| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0016| Section 1. SHORT TITLE.--This act may be cited as the
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0017| "Riparian Enhancement Act".
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0018| Section 2. DEFINITIONS.--As used in the Riparian
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0019| Enhancement Act:
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0020| A. "associated uplands" means those lands of a
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0021| watershed that are critical to the functioning and protection
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0022| of a riparian area;
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0023| B. "board" means the riparian enhancement board
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0024| created pursuant to Section 3 of the Riparian Enhancement Act;
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0025| C. "bureau" means the soil and water conservation
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0001| bureau of the forestry division of the energy, minerals and
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0002| natural resources department;
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0003| D. "enhancement" means improvement of riparian area
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0004| components and characteristics, with the goal of augmenting the
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0005| effectiveness of existing riparian area ecological functions;
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0006| E. "native species" means all species of plants
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0007| naturally occurring, either currently or historically, in any
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0008| ecosystem of New Mexico;
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0009| F. "natural methods" means methods that closely
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0010| mimic or actually are natural processes;
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0011| G. "riparian area" means a zone of transition from
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0012| an aquatic ecosystem to a terrestrial ecosystem, dependent upon
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0013| surface or subsurface water, that reveals through the zone's
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0014| existing or potential soil and vegetation complex the influence
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0015| of such surface or subsurface water; and
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0016| H. "watershed" means the entire land area drained
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0017| by a stream or system of connected streams resulting in all
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0018| stream flow originating from the area being discharged through
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0019| a single outlet.
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0020| Section 3. BOARD CREATED--MEMBERSHIP--REIMBURSEMENT.--
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0021| A. The "riparian enhancement board" is created.
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0022| The board consists of nine voting members, including five ex-
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0023| officio members and four public members appointed by the
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0024| governor. The board shall elect one member of the board as
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0025| chairman. The chairman shall have the powers and duties set
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0001| forth by the rules of the board.
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0002| B. The ex-officio members are the director of the
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0003| department of game and fish, the director of the forestry
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0004| division of the energy, minerals and natural resources
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0005| department, the secretary of environment, the director of the
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0006| New Mexico department of agriculture and the commissioner of
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0007| public lands.
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0008| C. The public members of the board are a private
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0009| landowner whose primary source of income is from agriculture, a
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0010| member of an environmental organization, a representative of
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0011| the Native American community and a representative of urban or
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0012| municipal interests.
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0013| D. The board may include nonvoting members by
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0014| appointment through action of the board, including
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0015| representatives of the United States bureau of land management,
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0016| the United States forest service, the natural resources
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0017| conservation service of the United States department of
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0018| agriculture, the agricultural extension service of New Mexico
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0019| state university and the United States fish and wildlife
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0020| service.
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0021| E. Public board members shall be reimbursed for
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0022| expenses in accordance with provisions of the Per Diem and
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0023| Mileage Act that apply to nonsalaried public officers. Public
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0024| members shall receive no other compensation, perquisite or
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0025| allowance for service as a member of the board. Advisory
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0001| nonvoting members shall not be reimbursed for expenses unless
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0002| otherwise entitled to reimbursement by virtue of their
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0003| respective positions.
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0004| F. Public members of the board shall be appointed
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0005| for and serve terms of four years, except for the members first
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0006| appointed who shall be appointed for and serve terms to be
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0007| chosen by lot:
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0008| (1) one member, a term of four years;
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0009| (2) one member, a term of three years;
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0010| (3) one member, a term of two years; and
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0011| (4) one member, a term of one year.
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0012| Section 4. BOARD AUTHORITY.--In addition to the specific
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0013| authority granted the board in Sections 6 through 8 of the
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0014| Riparian Enhancement Act, the board also has authority to take
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0015| any action to fulfill its responsibilities under that act,
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0016| including the authority to adopt and promulgate regulations.
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0017| Section 5. STAFF--MEETINGS.--The bureau shall provide
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0018| staff for the daily operation of the board, including
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0019| scheduling meetings, providing public notice of meetings and
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0020| other board activities and keeping records of board activities.
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0021| The board shall meet annually and as needed and at the
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0022| discretion of the chairman. The bureau shall provide
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0023| professional technical assistance or refer requesters to other
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0024| sources for watershed and riparian management planning.
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0025| Section 6. RIPARIAN RESTORATION AND ENHANCEMENT PROGRAM.-
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0001| -
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0002|
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0003| A. The board shall conduct a riparian restoration
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0004| and enhancement program in a manner that provides the greatest
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0005| possible opportunity for volunteer participation to achieve the
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0006| goals of the program.
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0007| B. In developing the riparian restoration and
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0008| enhancement program, the board shall:
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0009| (1) ensure the implementation of riparian
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0010| restoration and enhancement projects approved by the board
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0011| through the support of the bureau;
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0012| (2) request any expertise required for a
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0013| project from an appropriate state agency depending on the type
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0014| and purpose of the project;
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0015| (3) provide educational and informational
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0016| materials to promote public awareness of issues involving
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0017| watershed and riparian health and management;
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0018| (4) coordinate the activities of persons,
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0019| agencies or political subdivisions developing local riparian
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0020| enhancement projects approved by the board;
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0021| (5) grant funds from sources available to the
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0022| board for the implementation of approved projects;
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0023| (6) develop and maintain a centralized
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0024| repository for information about the effects of riparian
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0025| enhancement projects;
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0001| (7) assign priority to proposed projects
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0002| involving cooperative efforts and emphasize using natural
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0003| methods;
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0004| (8) identify and report gaps in research or
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0005| available information about watershed and riparian management;
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0006| (9) cooperate with appropriate federal
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0007| entities to identify the needs and interests of the state so
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0008| that federal plans and project schedules relating to watershed
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0009| and riparian enhancement incorporate the state's priorities for
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0010| watershed and riparian enhancement to the fullest extent
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0011| practicable;
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0012| (10) encourage the use of natural methods and
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0013| native plants to enhance the riparian areas and associated
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0014| uplands of the state's watersheds; and
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0015| (11) solicit and accept donations and grants
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0016| to carry out the objectives of the board.
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0017| Section 7. ADVISORY AND TECHNICAL COMMITTEES.--The board
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0018| may establish advisory and technical committees as deemed
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0019| necessary to aid and advise the board in the performance of its
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0020| functions. The committees may be continuing or temporary. The
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0021| board shall determine the representation, membership, terms and
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0022| organization of the committees. The board shall appoint the
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0023| members in a manner that will ensure broad representation of
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0024| public interests and scientific viewpoints. The chairman of
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0025| the board shall serve as an ex-officio member of each
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0001| committee.
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0002| Section 8. REQUESTS FOR FUNDING OF PROJECTS.--
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0003| A. Any person, organization, landowner, rancher,
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0004| farmer, state agency, federal agency, tribal government or
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0005| political subdivision of the state may submit a request for
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0006| funding for or for advice and assistance in developing a
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0007| watershed or riparian enhancement project under the program
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0008| established by the board.
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0009| B. The request shall be filed in accordance with
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0010| regulations adopted by the board. The requests shall be
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0011| submitted through the bureau.
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0012| C. The board shall establish criteria for granting
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0013| funding or other requests. Within ninety days from the date
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0014| the bureau receives a request, the bureau shall provide the
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0015| requested technical advice or assistance for the project or
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0016| screen grant proposals and forward eligible projects to the
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0017| board for approval or disapproval.
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0018| D. A watershed or riparian enhancement project may
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0019| use mechanical, vegetative or structural methods, including
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0020| livestock fencing or exclusions, grazing management systems,
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0021| erosion control, streambank stabilization, forest, range or
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0022| cropland treatment and site specific in-stream structures. A
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0023| project is not limited to land treatments, but may include
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0024| resource plans, outreach and educational materials, workshops
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0025| and symposiums that ultimately result in riparian or watershed
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0001| enhancement, but shall not include water right applications or
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0002| water right litigation or resolution issues.
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0003| E. The board shall approve for implementation only
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0004| those enhancement projects that:
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0005| (1) are based on sound principles of watershed
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0006| and riparian management;
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0007| (2) use enhancement methods most adapted to
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0008| the project locale; and
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0009| (3) meet all federal, state or local
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0010| regulatory requirements.
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0011| F. The board may fund a project for the restoration
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0012| of a riparian area or associated upland that is carried out in
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0013| conjunction with a water storage structure. The board shall
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0014| not approve funding for any project that consists solely of a
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0015| water storage structure.
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0016| G. The board shall adopt rules, criteria and
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0017| standards to carry out the provisions of the riparian
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0018| restoration and enhancement program. The rules and standards
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0019| shall include:
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0020| (1) criteria for selecting projects to receive
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0021| technical assistance or funding from the board; and
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0022| (2) conditions of board approval of project
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0023| proposals, including provisions satisfactory to the board for
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0024| inspection and evaluation of the implementation of a project
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0025| that includes all necessary agreements to allow the board and
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0001| employees of any cooperating agency providing staff services
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0002| for the board access to the project area; provisions
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0003| satisfactory to the board for controlling the expenditure of
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0004| and accounting for any funds granted by the board for
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0005| implementation of the project; an agreement that those
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0006| initiating the project will submit all pertinent information
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0007| and research gained from the project to the board for inclusion
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0008| in the centralized repository established by the board; and
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0009| provisions for the continued maintenance of restoration
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0010| projects by the applicant for the time period specified.
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0011| Section 9. APPROPRIATION.--
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0012| A. Six hundred fifty thousand dollars ($650,000) is
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0013| appropriated from the general fund to the soil and water
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0014| conservation bureau of the forestry division of the energy,
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0015| minerals and natural resources department for expenditure in
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0016| fiscal year 1998 in the following amounts for the following
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0017| purposes:
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0018| (1) one hundred twenty thousand dollars
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0019| ($120,000) to provide for two full-time equivalents for natural
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0020| resource professionals to provide staff services, project
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0021| oversight expenses and operational expenses to the riparian
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0022| enhancement board; and
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0023| (2) five hundred thirty thousand dollars
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0024| ($530,000) to fund riparian enhancement projects approved by
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0025| the riparian enhancement board in accordance with the
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0001| provisions of the Riparian Enhancement Act.
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0002| B. Any unexpended or unencumbered balance remaining
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0003| at the end of fiscal year 1998 shall revert to the general
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0004| fund.
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0005| HOUSE AGRICULTURE AND WATER RESOURCES COMMITTEE SUBSTITUTE FOR
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0006| HOUSE BILL 603
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0007| 43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0008|
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0009|
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0010|
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0011|
|
0012|
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0013|
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0014|
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0015| AN ACT
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0016| RELATING TO RIPARIAN AREAS; ENACTING THE RIPARIAN ENHANCEMENT
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0017| ACT; CREATING A TASK FORCE; PROVIDING POWERS AND DUTIES;
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0018| CREATING A FUND; MAKING AN APPROPRIATION.
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0019|
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0020| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0021| Section 1. SHORT TITLE.--This act may be cited as the
|
0022| "Riparian Enhancement Act".
|
0023| Section 2. DEFINITIONS.--As used in the Riparian
|
0024| Enhancement Act:
|
0025| A. "associated uplands" means those lands of a
|
0001| watershed that are critical to the functioning and protection
|
0002| of a riparian area;
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0003| B. "bureau" means the soil and water conservation
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0004| bureau of the forestry division of the energy, minerals and
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0005| natural resources department;
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0006| C. "districts" means the soil and water
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0007| conservation districts;
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0008| D. "enhancement" means improvement of watershed and
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0009| riparian area components and characteristics, with the goal of
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0010| augmenting the effectiveness of existing riparian area
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0011| ecological functions;
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0012| E. "native plants" means species of plants
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0013| indigenous to New Mexico;
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0014| F. "natural methods" means methods that are or
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0015| closely mimic natural processes;
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0016| G. "riparian area" means a zone of transition from
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0017| an aquatic ecosystem to a terrestrial ecosystem, dependent upon
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0018| surface or subsurface water, that reveals through the zone's
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0019| existing or potential soil and vegetation complex the influence
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0020| of such surface or subsurface water;
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0021| H. "task force" means the riparian enhancement task
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0022| force; and
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0023| I. "watershed" means the entire land area drained
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0024| by a stream or system of connected streams resulting in all
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0025| stream flow originating from the area being discharged through
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0001| a single outlet.
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0002| Section 3. TASK FORCE CREATED--MEMBERSHIP--TERMS--
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0003| REIMBURSEMENT--MEETINGS--STAFF.--
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0004| A. The "riparian enhancement task force" is
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0005| created. The task force shall approve grant applications for
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0006| watershed and riparian enhancement projects and shall advise the
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0007| commission and the bureau on issues related to riparian
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0008| restoration and enhancement. The task force shall consist of
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0009| eleven members as follows:
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0010| (1) the director of the department of game and
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0011| fish or his designee;
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0012| (2) the secretary of energy, minerals and
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0013| natural resources or his designee;
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0014| (3) the secretary of environment or his
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0015| designee;
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0016| (4) the director of the New Mexico department of
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0017| agriculture or his designee;
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0018| (5) the commissioner of public lands or his
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0019| designee; and
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0020| (6) six public members appointed by the soil and
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0021| water conservation commission as follows:
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0022| (a) a private landowner whose primary
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0023| source of income is from farming;
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0024| (b) a private landowner whose primary
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0025| source of income is ranching;
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0001| (c) a representative of an environmental
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0002| organization;
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0003| (d) a representative of the Indian tribes
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0004| and pueblos;
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0005| (e) a representative of urban or municipal
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0006| interests; and
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0007| (f) a representative of industry.
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0008| B. Public members shall be appointed for terms of four
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0009| years; provided that initial terms shall be chosen by lot so that
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0010| one member serves for a term of four years, two members serve for
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0011| terms of three years, one member serves for a term of two years
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0012| and two members serve for a term of one year. A vacancy on the
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0013| task force shall be filled by appointment by the commission for
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0014| the unexpired term. Members shall serve until their successors
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0015| have been appointed and qualified.
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0016| C. The task force shall elect a chairman and other
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0017| officers it deems necessary.
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0018| D. The public members may receive per diem and mileage
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0019| as provided in the Per Diem and Mileage Act, but shall receive no
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0020| other compensation, perquisite or allowance.
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0021| E. The task force shall meet as needed. Meetings may
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0022| be called by the chairman and shall be called upon the request of
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0023| three or more members.
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0024| F. Staff for the task force shall be provided by the
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0025| bureau.
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0001| Section 4. EXPERT ADVICE--AGENCY COOPERATION.--
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0002| A. The task force may seek the advice of the United
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0003| States bureau of land management, the United States forest
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0004| service, the natural resources conservation service of the United
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0005| States department of agriculture, the United States fish and
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0006| wildlife service, the cooperative extension service of New Mexico
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0007| state university, the state park and recreation division of the
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0008| energy, minerals and natural resources department, environmental
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0009| organizations and others it deems necessary to carry out its
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0010| duties pursuant to the Riparian Enhancement Act.
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0011| B. State agencies shall provide assistance as
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0012| requested to develop and implement watershed and riparian
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0013| enhancement projects.
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0014| Section 5. TECHNICAL COMMITTEES.--The task force may
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0015| establish technical committees as deemed necessary to aid and
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0016| advise the task force. The task force shall appoint the members
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0017| to a committee in a manner that will ensure broad representation
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0018| of public interests, Native American interests and scientific
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0019| viewpoints. The chairman of the task force shall serve as an ex-
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0020| officio member of each committee.
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0021| Section 6. TASK FORCE, BUREAU AND DISTRICTS--POWERS AND
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0022| DUTIES.--
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0023| A. The task force shall:
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0024| (1) approve grant applications for watershed and
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0025| riparian enhancement projects;
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0001| (2) adopt guidelines, criteria and standards for
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0002| watershed and riparian enhancement projects;
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0003| (3) make recommendations to the bureau, the
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0004| districts and the soil and water conservation commission on
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0005| matters related to watershed and riparian enhancement;
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0006| (4) encourage the use of volunteers in the
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0007| implementation of watershed and riparian enhancement projects;
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0008| (5) assign priority to projects it approves that
|
0009| involve cooperative efforts and emphasize using natural methods
|
0010| for watershed and riparian enhancement;
|
0011| (6) identify and report gaps in research and
|
0012| available information about watershed and riparian management;
|
0013| (7) cooperate with appropriate federal entities
|
0014| to identify the needs and interests of the state to ensure that
|
0015| federal plans and project schedules relating to watershed and
|
0016| riparian enhancement incorporate the state's priorities for
|
0017| watershed and riparian enhancement to the fullest extent
|
0018| practicable; and
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0019| (8) solicit and accept gifts, grants and
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0020| donations to carry out the provisions of the Riparian Enhancement
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0021| Act.
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0022| B. The bureau shall:
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0023| (1) oversee watershed and riparian enhancement
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0024| projects approved by the task force;
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0025| (2) provide technical advice and assistance to
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0001| watershed and riparian enhancement projects;
|
0002| (3) request any expertise required for a project
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0003| from the appropriate state agency;
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0004| (4) provide educational and informational
|
0005| materials to promote public awareness of issues involving
|
0006| watershed and riparian health and management;
|
0007| (5) make grants to implement approved projects;
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0008| and
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0009| (6) develop and maintain a centralized
|
0010| repository for information about the effects of watershed and
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0011| riparian enhancement.
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0012| C. The districts shall:
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0013| (1) assist landowners in developing and
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0014| implementing watershed and riparian enhancement projects and
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0015| coordinate the activities of persons, agencies and political
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0016| subdivisions that are developing local projects;
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0017| (2) encourage the use of natural methods and
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0018| native plants to enhance riparian areas and associated uplands of
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0019| the state's watersheds; and
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0020| (3) assist the task force and bureau in carrying
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0021| out their duties.
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0022| Section 7. RIPARIAN ENHANCEMENT PROGRAM--CRITERIA FOR
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0023| APPROVAL OF PROJECTS.--
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0024| A. The task force, in conjunction with the districts
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0025| and the bureau, shall conduct a watershed and riparian enhancement
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0001| program. The program shall include providing education, research,
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0002| technical assistance and funding for watershed and riparian
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0003| enhancement projects.
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0004| B. Any person, organization, landowner, rancher,
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0005| farmer, state agency, political subdivision of the state, federal
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0006| agency or tribal government may submit an application for funding
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0007| for or a request for advice or assistance in developing a
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0008| watershed and riparian enhancement project.
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0009| C. The task force shall establish criteria for grant
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0010| applications and awards. Grant applications shall be submitted in
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0011| the form and manner prescribed by the task force. Requests for
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0012| advice or assistance and grant applications shall be submitted
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0013| through the districts or the bureau.
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0014| D. Within ninety days of a request, a district or the
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0015| bureau may provide the requested advice or assistance. The
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0016| districts shall review grant applications for projects within
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0017| their boundaries and forward eligible projects to the task force
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0018| within ninety days of receipt. The task force shall approve or
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0019| disapprove a grant application.
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0020| E. The task force shall approve grant applications for
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0021| those watershed and riparian enhancement projects that:
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0022| (1) are based on sound principles of watershed
|
0023| and riparian management;
|
0024| (2) use enhancement methods most adapted to the
|
0025| project locale; and
|
0001| (3) meet all federal, state or local regulatory
|
0002| requirements, including state water plans promulgated by the state
|
0003| engineer.
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0004| F. In addition to other requirements of the Riparian
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0005| Enhancement Act, the districts, the bureau or the task force shall
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0006| consider the following when approving projects seeking technical
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0007| assistance or funding:
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0008| (1) provisions satisfactory to the districts for
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0009| inspection and evaluation of the project that includes all
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0010| necessary agreements to allow the districts and any cooperating
|
0011| agency providing staff services for the task force access to the
|
0012| project area;
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0013| (2) provisions satisfactory to the task force
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0014| and the bureau for controlling the expenditure of and accounting
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0015| for any money granted for a project; and
|
0016| (3) provisions for the continued maintenance of
|
0017| restoration projects by the applicant for the time period
|
0018| specified.
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0019| G. A watershed and riparian enhancement project may
|
0020| use mechanical, biological, vegetative or structural methods,
|
0021| including livestock grazing management systems; erosion control;
|
0022| stream bank stabilization; forest, range or cropland treatment;
|
0023| site-specific in-stream structures; and other methods approved by
|
0024| the task force. Projects are not limited to land treatments, but
|
0025| may include resource plans, outreach and educational materials,
|
0001| workshops and symposiums that ultimately result in watershed and
|
0002| riparian enhancement. Projects shall not include water rights
|
0003| applications or water rights litigation or resolution issues.
|
0004| H. The task force may approve funding for a project
|
0005| for the restoration of a riparian area or associated upland that
|
0006| is carried out in conjunction with a water storage structure. The
|
0007| task force shall not approve funding for any project that consists
|
0008| solely of a water storage structure.
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0009| Section 8. FUND--CREATED--ADMINISTRATION.--The "riparian
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0010| enhancement fund" is created in the state treasury. The fund
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0011| consists of appropriations, gifts, grants, donations and bequests.
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0012| Money in the fund shall not revert at the end of any fiscal year.
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0013| The fund shall be administered by the bureau, and money in the
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0014| fund is appropriated to the bureau to provide grants for watershed
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0015| and riparian enhancement projects approved by the task force.
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0016| Section 9. APPROPRIATION.--Six hundred fifty thousand
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0017| dollars ($650,000) is appropriated from the general fund to the
|
0018| riparian enhancement fund for expenditure in fiscal year 1998 to
|
0019| carry out the provisions of the Riparian Enhancement Act; provided
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0020| that no more than fifteen percent of the appropriation shall be
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0021| expended for administration and per diem and mileage expenses of
|
0022| the task force. Any unexpended or unencumbered balance remaining
|
0023| at the end of fiscal year 1998 shall not revert to the general
|
0024| fund.
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0025| State of New Mexico
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0001| House of Representatives
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0002|
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0003| FORTY-THIRD LEGISLATURE
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0004| FIRST SESSION, 1997
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0005|
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0006|
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0007| March 13, 1997
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0008|
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0009|
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0010| Mr. Speaker:
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0011|
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0012| Your AGRICULTURE AND WATER RESOURCES COMMITTEE,
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0013| to whom has been referred
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0014|
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0015| HOUSE BILL 603
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0016|
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0017| has had it under consideration and reports same with
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0018| recommendation that it DO NOT PASS, but that
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0019|
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0020| HOUSE AGRICULTURE AND WATER RESOURCES COMMITTEE
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0021| SUBSTITUTE FOR HOUSE BILL 603
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0022|
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0023| DO PASS, and thence referred to the JUDICIARY COMMITTEE.
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0024|
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0025| Respectfully submitted,
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0001|
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0002|
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0003|
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0004|
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0005|
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0006| G. X. McSherry, Chairman
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0007|
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0008|
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0009| Adopted Not Adopted
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0010|
|
0011| (Chief Clerk) (Chief Clerk)
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0012|
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0013| Date
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0014|
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0015| The roll call vote was 9 For 0 Against
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0016| Yes: 9
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0017| Excused: None
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0018| Absent: None
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0019|
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0020| G:\BILLTEXT\BILLW_97\H0603 State of New Mexico
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0021| House of Representatives
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0022|
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0023| FORTY-THIRD LEGISLATURE
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0024| FIRST SESSION, 1997
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0025|
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0001|
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0002| March 20, 1997
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0003|
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0004|
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0005| Mr. Speaker:
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0006|
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0007| Your JUDICIARY COMMITTEE, to whom has been referred
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0008|
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0009| HOUSE AGRICULTURE AND WATER RESOURCES COMMITTEE
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0010| SUBSTITUTE FOR HOUSE BILL 603
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0011|
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0012| has had it under consideration and reports same with
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0013| recommendation that it DO PASS, and thence referred to the
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0014| APPROPRIATIONS AND FINANCE COMMITTEE.
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0015|
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0016| Respectfully submitted,
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0017|
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0018|
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0019|
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0020|
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0021| Thomas P. Foy, Chairman
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0022|
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0023|
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0024| Adopted Not Adopted
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0025|
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0001| (Chief Clerk) (Chief Clerk)
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0002|
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0003| Date
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0004|
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0005| The roll call vote was 7 For 0 Against
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0006| Yes: 7
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0007| Excused: Alwin, Luna, Mallory, Rios, Sanchez, Stewart
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0008| Absent: None
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0009|
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0010|
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0011| G:\BILLTEXT\BILLW_97\H0603
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