0001|                            HOUSE BILL 428
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0002|     43RD LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 1998
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0003|                            INTRODUCED BY
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0004|                             JOE M. STELL
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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 A TASK FORCE; PROVIDING POWERS AND DUTIES;
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0013|     CREATING A FUND; MAKING AN 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.  "appropriate methods" means practices to
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0021|     restore riparian and associated uplands that are accepted by
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0022|     the best available science;
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0023|               B.  "associated uplands" means those lands of a
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0024|     watershed that are critical to the functioning and protection
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0025|     of a riparian area;
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0001|               C.  "commission" means the soil and water
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0002|     conservation commission; 
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0003|               D.  "department" means the New Mexico department of
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0004|     agriculture;
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0005|               E.  "districts" means the soil and water
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0006|     conservation districts;
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0007|               F.  "enhancement" means improvement of watershed
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0008|     and riparian area components and characteristics, with the
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0009|     goal of augmenting the effectiveness of existing riparian area
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0010|     ecological functions;
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0011|               G.  "native plants" means all species of plants
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0012|     indigenous to New Mexico;
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0013|               H.  "riparian area" means a zone of transition from
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0014|     an aquatic ecosystem to a terrestrial ecosystem, dependent
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0015|     upon surface or subsurface water, that reveals through the
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0016|     zone's existing or potential soil and vegetation complex the
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0017|     influence of such surface or subsurface water;
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0018|               I.  "task force" means the riparian enhancement
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0019|     task force; and
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0020|               J.  "watershed" means the entire land area drained
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0021|     by a stream or system of connected streams resulting in all
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0022|     stream flow originating from the area being discharged through
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0023|     a single outlet.
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0024|          Section 3.  TASK FORCE CREATED--MEMBERSHIP--TERMS--
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0025|     REIMBURSEMENT--MEETINGS--STAFF.--
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0001|               A.  The "riparian enhancement task force" is
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0002|     created.  The task force shall approve grant applications for
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0003|     watershed and riparian enhancement projects and shall advise
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0004|     the commission on issues related to riparian restoration and
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0005|     enhancement.  The task force shall consist of eleven members
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0006|     as follows: 
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0007|                    (1)  the director of the department of game
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0008|     and fish or his designee; 
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0009|                    (2)  the state engineer or his designee; 
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0010|                    (3)  the secretary of environment or his
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0011|     designee; 
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0012|                    (4)  the director of the New Mexico department
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0013|     of agriculture or his designee; 
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0014|                    (5)  the commissioner of public lands or his
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0015|     designee; and 
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0016|                    (6)  six public members appointed by the
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0017|     commission as follows: 
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0018|                         (a)  a private landowner whose primary
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0019|     source of income is farming; 
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0020|                         (b)  a private landowner whose primary
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0021|     source of income is ranching; 
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0022|                         (c)  a representative of an
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0023|     environmental organization;
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0024|                         (d)  a representative of the Indian
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0025|     tribes and pueblos; 
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0001|                         (e)  a representative of urban or
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0002|     municipal interests; and 
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0003|                         (f)  a representative of the oil and gas
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0004|     industry. 
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0005|               B.  Public members shall be appointed for terms of
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0006|     four years; provided that initial terms shall be chosen by lot
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0007|     so that one member serves for a term of four years, two
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0008|     members serve for terms of three years, one member serves for
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0009|     a term of two years and two members serve for a term of one
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0010|     year.  A vacancy on the task force shall be filled by
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0011|     appointment by the commission for the unexpired term.  Members
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0012|     shall serve until their successors have been appointed and
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0013|     qualified. 
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0014|               C.  The task force shall elect a chairman and other
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0015|     officers it deems necessary. 
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0016|               D.  The public members may receive per diem and
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0017|     mileage as provided in the Per Diem and Mileage Act, but shall
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0018|     receive no other compensation, perquisite or allowance. 
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0019|               E.  The task force shall meet as needed.  Meetings
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0020|     may be called by the chairman and shall be called upon the
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0021|     request of three or more members. 
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0022|               F.  Staff for the task force shall be provided by
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0023|     the department. 
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0024|          Section 4.  EXPERT ADVICE--AGENCY COOPERATION.--
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0025|               A.  The task force may seek the advice of any state
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0001|     or federal agency, environmental organizations and others it
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0002|     deems necessary to carry out its duties pursuant to the
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0003|     Riparian Enhancement Act.
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0004|               B.  State agencies shall provide assistance as
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0005|     requested to develop and implement watershed and riparian
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0006|     enhancement projects. 
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0007|          Section 5.  TECHNICAL COMMITTEES.--The task force may
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0008|     establish technical committees as deemed necessary to aid and
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0009|     advise the task force.  The task force shall appoint the
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0010|     members to a committee in a manner that will ensure broad
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0011|     representation of public interests, Native American interests
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0012|     and scientific viewpoints.  The chairman of the task force
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0013|     shall serve as an ex-officio member of each committee.
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0014|          Section 6.  TASK FORCE--DEPARTMENT--POWERS AND DUTIES.--
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0015|               A.  The task force shall: 
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0016|                    (1)  approve grant applications for watershed
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0017|     and riparian enhancement projects; 
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0018|                    (2)  adopt guidelines, criteria and standards
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0019|     for watershed and riparian enhancement projects; 
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0020|                    (3)  make recommendations to the department,
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0021|     the districts and the commission on matters related to
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0022|     watershed and riparian enhancement; 
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0023|                    (4)  encourage the use of volunteers in the
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0024|     implementation of watershed and riparian enhancement projects; 
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0025|                    (5)  assign priority to projects it approves
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0001|     that involve cooperative efforts and emphasize using
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0002|     appropriate methods for watershed and riparian enhancement; 
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0003|                    (6)  identify and report gaps in research and
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0004|     available information about watershed and riparian management; 
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0005|                    (7)  cooperate with appropriate federal
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0006|     entities to identify the needs and interests of the state to
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0007|     ensure that federal plans and project schedules relating to
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0008|     watershed and riparian enhancement incorporate the state's
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0009|     priorities for watershed and riparian enhancement to the
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0010|     fullest extent practicable; and 
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0011|                    (8)  solicit and accept gifts, grants and
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0012|     donations to carry out the provisions of the Riparian
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0013|     Enhancement Act.
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0014|               B.  The department shall: 
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0015|                    (1)  oversee watershed and riparian
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0016|     enhancement projects approved by the task force; 
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0017|                    (2)  provide technical advice and assistance
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0018|     to watershed and riparian enhancement projects; 
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0019|                    (3)  request any expertise required for a
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0020|     project from the appropriate state agency; 
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0021|                    (4)  provide educational and informational
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0022|     materials to promote public awareness of issues involving
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0023|     watershed and riparian health and management; 
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0024|                    (5)  make grants to implement approved
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0025|     projects; and 
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0001|                    (6)  develop and maintain a centralized
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0002|     repository for information about the effects of watershed and
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0003|     riparian enhancement. 
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0004|               C.  The districts shall: 
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0005|                    (1)  assist landowners in developing and
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0006|     implementing watershed and riparian enhancement projects and
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0007|     coordinate the activities of persons, agencies and political
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0008|     subdivisions that are developing local projects; 
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0009|                    (2)  encourage the use of appropriate methods
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0010|     and native plants to enhance riparian areas and associated
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0011|     uplands of the state's watersheds; and
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0012|                    (3)  assist the task force and department in
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0013|     carrying out their duties. 
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0014|          Section 7.  RIPARIAN ENHANCEMENT PROGRAM--CRITERIA FOR
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0015|     APPROVAL OF PROJECTS.--
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0016|               A.  The task force, in conjunction with the
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0017|     districts and the department, shall conduct a watershed and
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0018|     riparian enhancement program.  The program shall include
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0019|     providing education, research, technical assistance and
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0020|     funding for watershed and riparian enhancement projects. 
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0021|               B.  Any person, organization, landowner, rancher,
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0022|     farmer, state agency, political subdivision of the state,
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0023|     federal agency or tribal government may submit an application
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0024|     for funding or a request for advice or assistance in
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0025|     developing a watershed and riparian enhancement project. 
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0001|               C.  The task force shall establish criteria for
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0002|     grant applications and awards.  Grant applications shall be
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0003|     submitted in the form and manner prescribed by the task force. 
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0004|     Requests for advice or assistance and grant applications shall
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0005|     be submitted through the districts or the department. 
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0006|               D.  Within ninety days of a request, a district or
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0007|     the department may provide the requested advice or assistance. 
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0008|     The districts shall review grant applications for projects
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0009|     within their boundaries and forward eligible projects to the
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0010|     task force within ninety days of receipt.  The task force
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0011|     shall approve or disapprove a grant application. 
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0012|               E.  The task force shall approve grant applications
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0013|     for those watershed and riparian enhancement projects that: 
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0014|                    (1)  are based on sound principles of
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0015|     watershed and riparian management; 
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0016|                    (2)  use enhancement methods most adapted to
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0017|     the project locale; and 
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0018|                    (3)  meet all federal, state or local
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0019|     regulatory requirements, including state water plans
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0020|     promulgated by the state engineer.
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0021|               F.  In addition to other requirements of the
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0022|     Riparian Enhancement Act, the districts, the department or the
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0023|     task force shall consider the following when approving
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0024|     projects seeking technical assistance or funding: 
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0025|                    (1)  provisions satisfactory to the districts
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0001|     for inspection and evaluation of the project that includes all
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0002|     necessary agreements to allow the districts and any
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0003|     cooperating agency providing staff services for the task force
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0004|     access to the project area; 
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0005|                    (2)  provisions satisfactory to the task force
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0006|     and the department for controlling the expenditure of and
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0007|     accounting for any money granted for a project; and 
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0008|                    (3)  provisions for the continued maintenance
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0009|     of restoration projects by the applicant for the time period
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0010|     specified.
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0011|               G.  A watershed and riparian enhancement project
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0012|     may use mechanical, biological, vegetative or structural
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0013|     methods, including livestock grazing management systems;
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0014|     erosion control; stream bank stabilization; forest, range or
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0015|     cropland treatment; site-specific in-stream structures; and
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0016|     other methods approved by the task force.  Projects are not
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0017|     limited to land treatments, but may include resource plans,
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0018|     outreach and educational materials, workshops and symposiums
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0019|     that ultimately result in watershed and riparian enhancement. 
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0020|     Projects shall not include water rights applications or water
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0021|     rights litigation or resolution issues. 
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0022|               H.  The task force may approve funding for a
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0023|     project for the restoration of a riparian area or associated
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0024|     uplands that is carried out in conjunction with a water
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0025|     storage structure.  The task force shall not approve funding
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0001|     for any project that consists solely of a water storage
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0002|     structure. 
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0003|          Section 8.  FUND CREATED--ADMINISTRATION.--The "riparian
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0004|     enhancement fund" is created in the state treasury.  The fund
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0005|     consists of appropriations, gifts, grants, donations and
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0006|     bequests.  Money in the fund shall not revert at the end of
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0007|     any fiscal year.  The fund shall be administered by the
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0008|     department, and money in the fund is appropriated to the
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0009|     department to carry out the provisions of the Riparian
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0010|     Enhancement Act.
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0011|          Section 9.  APPROPRIATION.--Six hundred fifty thousand
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0012|     dollars ($650,000) is appropriated from the general fund to
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0013|     the riparian enhancement fund for expenditure in fiscal year
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0014|     1999 and subsequent fiscal years to carry out the provisions
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0015|     of the Riparian Enhancement Act; provided that no more than
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0016|     fifteen percent of the appropriation shall be expended for
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0017|     administration and per diem and mileage expenses of the
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0018|     riparian enhancement task force.  Any unexpended or
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0019|     unencumbered balance remaining at the end of a fiscal year 
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0020|     shall not revert to the general fund.
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0021|                              
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