0001| HOUSE BILL 363 | 0002| 43RD LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 1998 | 0003| INTRODUCED BY | 0004| RICHARD T. KNOWLES | 0005| | 0006| | 0007| | 0008| | 0009| | 0010| AN ACT | 0011| RELATING TO WATER RIGHTS; PROVIDING FOR THE PURCHASE OF | 0012| CERTAIN WATER RIGHTS AND THE DEVELOPMENT OF A STRATEGY AND | 0013| PLAN BY THE INTERSTATE STREAM COMMISSION; MAKING | 0014| APPROPRIATIONS; DECLARING AN EMERGENCY. | 0015| | 0016| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0017| Section 1. FINDINGS AND PURPOSE.-- | 0018| A. The legislature finds that additional water | 0019| rights must be purchased and retired in the Pecos River basin | 0020| by the state of New Mexico to satisfy the requirements and | 0021| obligations of the Pecos River Compact and the amended decree | 0022| of the United States supreme court in Texas v. New Mexico, | 0023| No. 65 original. | 0024| B. The purpose of this act is to meet that | 0025| requirement and to establish a long- and short-term strategy | - 1 - 0001| to determine requirements that will need to be met for New | 0002| Mexico's permanent compliance with the compact and the decree. | 0003| Section 2. APPROPRIATIONS--CONDITIONS.-- | 0004| A. Subject to the conditions set forth in | 0005| Subsection B of this section, two million dollars ($2,000,000) | 0006| is appropriated from the New Mexico irrigation works | 0007| construction fund to the interstate stream commission in each | 0008| of fiscal years 1999 through 2001 for expenditure in any of | 0009| the fiscal years for the purpose of retiring water rights | 0010| along the Pecos River basin and taking other appropriate | 0011| actions that would effectively aid New Mexico in compliance | 0012| with the United States supreme court amended decree in Texas | 0013| v. New Mexico, No. 65 original. Any unexpended or | 0014| unencumbered balance remaining at the end of fiscal year 2001 | 0015| shall revert to the New Mexico irrigation works construction | 0016| fund. | 0017| B. The appropriations made in Subsection A of this | 0018| section are subject to the following conditions: | 0019| (1) the interstate stream commission shall | 0020| review the expenditures of the appropriations made in | 0021| Subsection A of this section at each of the interstate stream | 0022| commission's regularly scheduled meetings or as it deems | 0023| necessary throughout fiscal years 1999 through 2001; and | 0024| (2) the interstate stream commission shall, | 0025| before any purchases of water rights are made using the money | - 2 - 0001| appropriated in Subsection A of this section, obtain | 0002| professionally prepared market or economic valuations or | 0003| appraisals. The valuations or appraisals along with other | 0004| relevant considerations shall be the basis for any purchase. | 0005| Section 3. APPROPRIATION--PURCHASE OF WATER RIGHTS.-- | 0006| A. Twelve million dollars ($12,000,000) is | 0007| appropriated from the New Mexico irrigation works construction | 0008| fund to the interstate stream commission for expenditure in | 0009| fiscal years 1998 and 1999 for the purchase of water rights | 0010| along the Pecos River basin pursuant to the provisions of | 0011| Subsections B and C of this section. Any unexpended or | 0012| unencumbered balance remaining at the end of fiscal year 1999 | 0013| shall revert to the New Mexico irrigation works construction | 0014| fund. | 0015| B. The appropriation in Subsection A of this | 0016| section may only be used for the purchase of water rights or | 0017| water rights with appurtenant land in the Pecos River basin | 0018| that would effectively aid the state in complying with the | 0019| Pecos River Compact and the United States supreme court | 0020| amended decree in the case of Texas v. New Mexico, No. 65 | 0021| original. | 0022| C. Before any purchase of water rights is made | 0023| pursuant to this section, the interstate stream commission | 0024| shall obtain professionally prepared market or economic | 0025| valuations or appraisals. The valuations or appraisals along | - 3 - 0001| with other relevant considerations shall be the basis for any | 0002| purchase. | 0003| Section 4. APPROPRIATION--LONG-TERM STRATEGY AND SHORT- | 0004| TERM ACTION PLAN.-- | 0005| A. Five hundred thousand dollars ($500,000) is | 0006| appropriated from the general fund to the interstate stream | 0007| commission for expenditure in fiscal years 1998 through 2000 | 0008| for the purpose of preparing a long-term strategy for the | 0009| state's permanent compliance with the Pecos River Compact and | 0010| the United States supreme court amended decree in the case of | 0011| Texas v. New Mexico, No. 65 original and a short-term | 0012| action plan for responding to a net shortfall in New Mexico's | 0013| deliveries to Texas as required by the court decree. Any | 0014| unexpended or unencumbered balance remaining at the end of | 0015| fiscal year 2000 shall revert to the general fund. | 0016| B. The long-term strategy and the short-term | 0017| action plan developed by the interstate stream commission | 0018| pursuant to Subsection A of this section shall be completed | 0019| and submitted for consideration to the second session of the | 0020| forty-fourth legislature. Periodically, during the | 0021| development of the strategy and plan, the commission shall | 0022| report its progress to the appropriate permanent or interim | 0023| legislative committees. | 0024| Section 5. EMERGENCY.--It is necessary for the public | 0025| peace, health and safety that this act take effect | - 4 - 0001| immediately. | 0002| |