HOUSE BILL 1234
48th legislature - STATE OF NEW MEXICO - first session, 2007
INTRODUCED BY
Peter Wirth
AN ACT
RELATING TO WATER; REQUIRING ENTITIES THAT ARE ALLOWED TO ACQUIRE AND HOLD UNUSED WATER RIGHTS FOR UP TO FORTY YEARS TO SUBMIT WATER MANAGEMENT PLANS TO THE STATE ENGINEER.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 72-1-9 NMSA 1978 (being Laws 1985, Chapter 198, Section 1, as amended) is amended to read:
"72-1-9. MUNICIPAL, COUNTY, MEMBER-OWNED COMMUNITY WATER SYSTEMS, SCHOOL DISTRICT AND STATE UNIVERSITY WATER DEVELOPMENT PLANS--PRESERVATION OF MUNICIPAL, COUNTY AND STATE UNIVERSITY WATER SUPPLIES.--
A. It is recognized by the state that it promotes the public welfare and the conservation of water within the state for municipalities, counties, school districts, state universities, member-owned community water systems, special water users' associations and public utilities supplying water to municipalities or counties to plan for the reasonable development and use of water resources. The state further recognizes the state engineer's administrative policy of not allowing municipalities, member-owned community water systems, counties and state universities to acquire and hold unused water rights in an amount greater than their reasonable needs within forty years.
B. Municipalities, counties, school districts, state universities, member-owned community water systems, special water users' associations and public utilities supplying water to municipalities or counties shall be allowed a water use planning period not to exceed forty years, and water rights for municipalities, counties, school districts, state universities, member-owned community water systems, special water users' associations and public utilities supplying water to such municipalities or counties shall be based upon a water development plan the implementation of which shall not exceed a forty-year period from the date of the application for an appropriation or a change of place or purpose of use pursuant to a water development plan or for preservation of a municipal, county, school district, member-owned community water system or state university water supply for reasonably projected additional needs within forty years; provided that the municipality, county, school district, state university, member-owned community water system, special water users' association or public utility supplying water to municipalities or counties submits to the state engineer a water management plan that conforms to the criteria in Subsection C of this section.
C. A water management plan submitted to the state engineer pursuant to Subsection B of this section shall contain a description of specific and practical means by which the water supply of the entity may be reconciled with the present and future water demands of the entity, shall be updated every three years and shall include at least the following components:
(1) an assessment of existing water demand that includes:
(a) surface water diversions by category of use, including residential, commercial, industrial, private institutional, governmental, irrigated agriculture, livestock, mining and power production;
(b) ground water depletions by category of use, including residential, commercial, industrial, private institutional, governmental, irrigated agriculture, livestock, mining and power production; and
(c) system depletions, including losses due to evaporation and conveyance losses;
(2) an assessment of existing water supply that includes:
(a) point of diversion, purpose of use, place of use and priority of the entity's water rights; and
(b) quantity of water reused;
(3) an assessment of existing return flows approved by the state engineer;
(4) an assessment of future water demands over the forty-year planning period that accounts for anticipated system losses and is based on:
(a) projected future population, land use and commercial and industrial needs; and
(b) projected water demands by category of use, including residential, commercial, industrial, private institutional, governmental, irrigated agriculture, livestock, mining and power production;
(5) an assessment of future water supply needs over the forty-year planning period that includes:
(a) the general location, purpose of use and priority of water rights of planned acquisitions; and
(b) plans for water reuse, if any;
(6) a description of proposed management alternatives for balancing demand and supply over the forty- year planning period, which may include:
(a) water conservation measures, including an assessment of the amounts of water saved for each measure, the difficulty and timing of implementation of each measure and any effect on return flows or aquifer recharge;
(b) changes to existing works or replacement of existing facilities;
(c) the general location, purpose of use and priority of water rights of planned acquisitions;
(d) reductions in systems losses;
(e) land use changes; and
(f) emergency contingency plans;
(7) each proposed alternative included in Paragraph (6) of this subsection shall include an evaluation of the following:
(a) technical feasibility;
(b) political feasibility;
(c) social and cultural impacts;
(d) financial feasibility;
(e) implementation schedule; and
(f) physical, hydrological and environmental impacts; and
(8) an evaluation of the consistency of the water management plan with the regional water plan.
D. Water management plans shall be made public and adopted by the appropriate governing body.
E. By July 1, 2008, the state engineer shall promulgate rules pursuant to Section 72-2-8 NMSA 1978 for submission of data for water management plans, including standard measurement criteria for each category of water demand and supply.
F. After January 1, 2009, the state engineer shall not approve the acquisition of water rights to be held pursuant to the provisions of this section unless the state engineer has first approved the applicant entity's water management plan."
Section 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2007.
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