0001| SENATE BILL 321 | 0002| 43RD LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 1998 | 0003| INTRODUCED BY | 0004| JOSEPH A. FIDEL | 0005| | 0006| | 0007| | 0008| | 0009| | 0010| AN ACT | 0011| RELATING TO IRRIGATION WORKS; GIVING THE INTERSTATE STREAM | 0012| COMMISSION AUTHORITY TO CONVERT CERTAIN ACEQUIA LOANS TO | 0013| GRANTS. | 0014| | 0015| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0016| Section 1. IRRIGATION WORKS CONSTRUCTION LOANS-- | 0017| CONVERSION TO GRANTS.--A community acequia that has entered | 0018| into an irrigation works construction loan agreement with the | 0019| interstate stream commission and that is in default of the | 0020| loan agreement on January 1, 1998 may apply to the interstate | 0021| stream commission for conversion of the balance of the loan to | 0022| a grant; provided: | 0023| A. the interstate stream commission inspects the | 0024| works and finds that because the works were constructed in a | 0025| defective manner, they cannot be reasonably used for the | - 1 - 0001| purposes intended; and | 0002| B. the community acequia can demonstrate that | 0003| there is no legal remedy for damages or specific performance | 0004| against the contractor that built the defective works. | 0005|  |