44TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 1999

RELATING TO THE ENVIRONMENT; ENACTING THE RIPARIAN ENHANCEMENT ACT; CREATING A TASK FORCE; PROVIDING POWERS AND DUTIES; CREATING A FUND; MAKING AN APPROPRIATION.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. SHORT TITLE.--This act may be cited as the "Riparian Enhancement Act".

Section 2. PURPOSE OF ACT.--The purpose of the Riparian Enhancement Act is to create a small grant and technical assistance program designed to maintain and recover healthy riparian areas upon which both nature and mankind depend.

Section 3. DEFINITIONS.--As used in the Riparian Enhancement Act:

A. "appropriate methods" means practices to restore riparian and associated uplands that are accepted by the best available science;

B. "associated uplands" means those lands of a watershed that are critical to the functioning and protection of a riparian area;

C. "commission" means the soil and water conservation commission;

D. "department" means the department of environment;

E. "districts" means the soil and water conservation districts;

F. "enhancement" means improvement of watershed and riparian area components and characteristics, with the goal of augmenting the effectiveness of existing riparian area ecological functions;

G. "native plants" means all species of plants indigenous to New Mexico;

H. "riparian area" means a zone of transition from an aquatic ecosystem to a terrestrial ecosystem, dependent upon surface or subsurface water, that reveals through the zone's existing or potential soil and vegetation complex the influence of surface or subsurface water;

I. "task force" means the riparian enhancement task force; and

J. "watershed" means the entire land areas drained by a stream or system of connected streams resulting in all stream flow originating from the area being discharged through a single outlet.

Section 4. TASK FORCE CREATED--MEMBERSHIP--TERMS--REIMBURSEMENT--MEETING--STAFF.--

A. The "riparian enhancement task force" is created. The task force shall approve grant applications for watershed and riparian enhancement projects and shall advise the commission on issues related to riparian restoration and enhancement. The task force shall consist of twelve members as follows:

(1) the director of the department of game and fish or his designee;

(2) the state engineer or his designee;

(3) the secretary of environment or his designee;

(4) the director of the New Mexico department of agriculture or his designee;

(5) the commissioner of public lands or his designee; and

(6) seven public members with appropriate geographical representation, all of whom shall have experience or training with riparian projects, appointed by the commission as follows:

(a) a private landowner whose primary source of income is farming or ranching;

(b) a representative of a New Mexico soil and water conservation district;

(c) a representative of the New Mexico riparian council;

(d) a representative of a tribal environmental office;

(e) a representative of an environmental organization;

(f) a representative of municipal government; and

(g) a representative that is a university hydrologist or biologist.

B. Public members shall be appointed for terms of four years; provided that initial terms shall be chosen by lot so that two members serve for terms of four years, two members serve for terms of three years, two members serve for terms of two years and one member serves for a term of one year. A vacancy on the task force shall be filled by appointment by the commission for the unexpired term. Members shall serve until their successors have been appointed and qualified.

C. The task force shall elect a chairman and other officers it deems necessary.

D. The public members may receive per diem and mileage as provided in the Per Diem and Mileage Act, but shall receive no other compensation, perquisite or allowance.

E. The task force shall meet at least semi-annually and as needed. Meetings shall be called by the chairman of the task force and may be called upon the request of three or more members.

Section 5. EXPERT ADVICE--AGENCY CORPORATION.--

A. The task force may seek the advice of a state or federal agency, environmental organizations and others it deems necessary to carry out its duties pursuant to the Riparian Enhancement Act.

B. State agencies may provide assistance as requested to develop and implement watershed and riparian enhancement projects.

Section 6. TECHNICAL COMMITTEES.--The task force may establish technical committees as deemed necessary to aid and advise the task force. The task force shall appoint the members to a committee in a manner that will ensure broad representation of public interests, Native American interests and scientific viewpoints. The chairman of the task force shall serve as an ex-officio member of each committee.

Section 6. TASK FORCE--DEPARTMENT--POWERS AND DUTIES.--

A. The task force shall:

(1) approve grant applications for watershed and riparian enhancement projects;

(2) adopt guidelines, criteria and standards for watershed and riparian enhancement projects;

(3) make recommendations to the department, the districts and the commission on matters related to watershed and riparian enhancement;

(4) encourage the use of volunteers in the implementation of watershed and riparian enhancement projects;

(5) assign priority to projects it approves that involve cooperative efforts and emphasize using appropriate methods for watershed and riparian enhancement;

(6) identify and report gaps in research and available information about watershed and riparian management;

(7) cooperate with appropriate federal entities to identify the needs and interests of the state to ensure that federal plans and project schedules relating to watershed and riparian enhancement incorporate the state's priorities for watershed and riparian enhancement to the fullest extent practicable; and

(8) solicit and accept gifts, grants and donations to carry out the provisions of the Riparian Enhancement Act.

B. The department shall:

(1) provide support staff for the task force;

(2) oversee watershed and riparian enhancement projects approved by the task force;

(3) provide technical advice and assistance to watershed and riparian enhancement projects;

(4) request any expertise required for a project from the appropriate state agency;

(5) provide guidance on educational and informational materials that promote public awareness of issues involving watershed and riparian health and management;

(6) make grants to implement approved projects; and

(7) annually report on the design, techniques and results of funded projects.

C. The districts shall:

(1) assist landowners in developing and implementing watershed and riparian enhancement projects and coordinate the activities of persons, agencies and political subdivisions that are developing local projects;

(2) encourage the use of appropriate methods and native plants to enhance riparian areas and associated uplands of the state's watershed;

(3) be responsible for monitoring the projects' results for at least three years after completion; and

(4) assist the task force and department in carrying out their duties.

Section 8. RIPARIAN ENHANCEMENT PROGRAM--CRITERIA FOR APPROVAL OF PROJECTS.--

A. The task force, in conjunction with the districts and the department, shall conduct a watershed and riparian enhancement program. The program shall include providing education, research, technical assistance and funding for watershed and riparian enhancement projects.

B. Any person, organization, landowner, rancher, farmer, state agency, political subdivision of the state, federal agency or tribal government may submit an application for funding or a request for advice or assistance in developing a watershed and riparian enhancement project.

C. The task force shall establish criteria for grant applications and awards. Grant applications shall be submitted in the form and manner prescribed by the task force. Requests for advice or assistance and grant applications shall be submitted through the districts or the department.

D. Within ninety days of a request, a district or the department may provide the requested advice or assistance. The districts shall review grant applications for projects within their boundaries and forward eligible projects to the task force within ninety days of receipt. The task force shall approve or disapprove a grant application.

E. The task force shall approve grant applications for those watershed and riparian enhancement projects that:

(1) are based on sound principles of watershed and riparian management;

(2) use enhancement methods most adapted to the project locale; and that result in measurable improvement; and

(3) meet all federal, state or local regulatory requirements, including state water plans promulgated by the state engineer.

F. In addition to other requirements of the Riparian Enhancement Act, the districts, the department or the task force shall consider the following when approving projects seeking technical assistance or funding:

(1) provisions satisfactory to the districts for inspection and evaluation of the project that includes all necessary agreements to allow the districts and any cooperating agency providing staff services for the task force access to the project area;

(2) provisions satisfactory to the task force and the department for controlling the expenditure of an accounting for any money granted for a project; and

(3) provisions for the continued maintenance of restoration projects by the applicant for the time period specified.

G. A watershed and riparian enhancement project may use mechanical, biological, vegetative or structural methods, including livestock grazing management systems; erosion control; stream bank stabilization; forest, range or cropland treatment; site-specific in-stream structures; and other methods approved by the task force. Projects are not limited to land treatments, but may include resource plans, demonstration projects and outreach and educational materials or projects that ultimately result in watershed and riparian enhancement.

H. The task force may approve funding for a project for the restoration of a riparian area or associated uplands that is carried out in conjunction with a water storage structure. The task force shall not approve funding for any project that consists solely of a water storage structure.

Section 9. FUND CREATED--ADMINISTRATION.--The "riparian enhancement fund" is created in the state treasury. The fund consists of appropriations, gifts, grants, donations and bequests. Money in the fund shall not revert at the end of any fiscal year. The fund shall be administered by the department, and money in the fund is appropriated to the department to carry out the provisions of the Riparian Enhancement Act.

Section 10. APPROPRIATION.--Seven hundred fifty thousand dollars ($750,000) is appropriated from the general fund to the riparian enhancement fund for expenditure in fiscal year 2000 and subsequent fiscal years to carry out the provisions of the Riparian Enhancement Act; provided that no more than fifteen percent of the appropriation shall be expended for administration and per diem and mileage expenses of the riparian enhancement task force. Any unexpended or unencumbered balance remaining at the end of a fiscal year shall not revert to the general fund.