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AN ACT

RELATING TO WATER; AMENDING A SECTION OF THE WATER PROJECT

FINANCE ACT TO PROVIDE FOR MEMBERSHIP ON THE WATER TRUST BOARD

OF THE SECRETARY OF FINANCE AND ADMINISTRATION AND TO PROVIDE

FOR ELECTION OF THE CHAIR OF THE BOARD.

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

Section 1. Section 72-4A-4 NMSA 1978 (being Laws 2001,

Chapter 164, Section 4) is amended to read:

"72-4A-4. WATER TRUST BOARD CREATED.--

A. The "water trust board" is created. The board

is composed of the following sixteen members:

(1) the state engineer or the state

engineer's designee;

(2) the secretary of finance and

administration or the secretary's designee;

(3) the executive director of the New Mexico

finance authority or the executive director's designee;

(4) the secretary of environment or the

secretary's designee;

(5) the secretary of energy, minerals and

natural resources or the secretary's designee;

(6) the director of the department of game

and fish or the director's designee;

(7) the director of the New Mexico

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department of agriculture or the director's designee;

(8) the executive director of the New Mexico

municipal league or the executive director's designee;

(9) the executive director of the New Mexico

association of counties or the executive director's designee;

(10) five public members appointed by the

governor and confirmed by the senate and who represent:

(a) the environmental community;

(b) an irrigation or conservancy

district that uses surface water;

(c) an irrigation or conservancy

district that uses ground water;

(d) acequia water users; and

(e) soil and water conservation

districts;

(11) one public member appointed by the

Indian affairs commission; and

(12) the president of the Navajo Nation or

the president's designee.

B. The chair of the board shall be elected by a

quorum of the board members. The board shall meet at the call

of the chair or whenever three members submit a request in

writing to the chair, but not less often than once each

calendar year. A majority of members constitutes a quorum for

the transaction of business. The affirmative vote of at least

a majority of a quorum present shall be necessary for an

action to be taken by the board.

C. Each public member of the board appointed by

the governor shall be appointed to a four-year term. To

provide for staggered terms, two of the initially governor-

appointed public members shall be appointed for terms of two

years and three members for terms of four years. Thereafter,

all governor-appointed members shall be appointed for four-

year terms. Vacancies shall be filled by appointment by the

governor for the remainder of the unexpired term.

D. Public members of the board shall be reimbursed

for attending meetings of the board as provided for

nonsalaried public officers in the Per Diem and Mileage Act

and shall receive no other compensation, perquisite or

allowance.

E. Public members of the board are appointed

public officials of the state while carrying out their duties

and activities under the Water Project Finance Act."

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