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F I S C A L I M P A C T R E P O R T

SPONSOR Garcia, M.J.

ORIGINAL DATE

LAST UPDATED

2-8-07

HB

SHORT TITLE

Ecological Restoration of the Rio Grande

SB SM13

ANALYST Woods

APPROPRIATION (dollars in thousands)

Appropriation

Recurring

or Non-Rec

Fund

Affected

FY07

FY08

NFI

NFI

(Parenthesis ( ) Indicate Expenditure Decreases)

SOURCES OF INFORMATION

LFC Files

Responses Received From

New Mexico Environment Department (NMED)

Energy, Minerals and Natural Resources Department (EMNRD)

SUMMARY

Synopsis of Bill

Senate Memorial 13 identifies the prevailing ecological degradation of the Rio Grande through

southern New Mexico and the lack of water available for ecological restoration because of court

settlements and compact delivery obligations. This memorial calls for voluntary transfers of

water rights to support restoration efforts.

SIGNIFICANT ISSUES

EMNRD indicates that the Forestry Division is playing a significant role in the ecological

restoration of the Rio Grande through its Los Lunas Inmate Work Crew (IWC) and Socorro

District Office efforts to control exotic riparian trees and reclaim the riparian cottonwood/willow

forest. Thus far, the EMNRD-Forestry efforts to restore riparian Bosque have not required the

acquisition of water, or a water right. Our restoration efforts with government landowners

involve the removal of exotic weeds and the seeding or planting of native vegetation without the

Senate Memorial 13 – Page

2

use of irrigation. Further, the agency’s State Parks Division is also increasing its role and

ecological restoration efforts along the lower Rio Grande. State Parks owns or manages seven

properties along the Rio Grande between Elephant Butte and Las Cruces, all of which present

significant ecological restoration needs and opportunities. At Mesilla Valley Bosque State Park,

for example, State Parks must maintain restored wetlands and the Division will be initiating a

long-term Bosque restoration program. Some restoration projects that irrigate plantings or create

off-channel impoundments or wetlands do require the temporary or permanent acquisition of a

water right. State Parks is pursuing the acquisition and/or transfer of water rights along the

lower Rio Grande to benefit Mesilla Valley Bosque State Park and possibly other SPD-managed

sites.

EMNRD adds that many stakeholders are working to restore riverside ecosystems along the

lower Rio Grande, but cannot do so without water and rights to that water. Acquisition of water

and water rights for restoration purposes is complicated by lack of available rights, competition

from other buyers, difficulties with appraisals, and administrative structures related to water

management that discourage, intentionally or not, transfer and use of water for restoration

purposes. Elephant Butte Irrigation District has helped State Parks by devising ways to obtain

water rights and water, and to accomplish restoration within the existing water framework, but

institutional obstacles remain. Encouragement from the Senate may help stakeholders overcome

some of these obstacles on a voluntary basis.

NMED notes that restoring the health of the lower Rio Grande ecosystem would provide many

benefits, including ensuring a clean and sustainable water supply for all water users in the region,

preserving the natural heritage of the area and helping to avoid additional endangered species

listings. Restoration projects generally require available water. NMED observes that, as stated

in SM13, the lower Rio Grande is fully appropriated, and therefore no water rights are currently

available for use in restoration projects. Additionally, mechanisms for water acquisition

provided by the Strategic Water Reserve are not applicable to the lower Rio Grande for a variety

of reasons. Therefore, any water that could be made available for ecosystem restoration projects

would most likely come from voluntary transfers of water including purchase, lease and

donations or water and water rights.

PERFORMANCE IMPLICATIONS

EMNRD suggests that the memorial may benefit the Forestry and State Parks Divisions’ efforts

to work with local government entities and agencies on the lower Rio Grande, if it stimulates

additional Bosque restoration efforts that are suitable for our programs.

ADMINISTRATIVE IMPLICATIONS

ENMRD indicates that State Parks seeks to acquire water rights to support wetland and riparian

restoration efforts at its parks along the lower Rio Grande, and that this task would likely become

easier if SM13 is passed.

Senate Memorial 13 – Page

3

OTHER SUBSTANTIVE ISSUES

NMED notes that SM13 implies that water rights are needed in order to plant trees as part of a

restoration effort. However, the Office of the State Engineer has determined that water rights are

not required for watershed projects that restore native vegetation, including planting native tree

species.

WHAT WILL BE THE CONSEQUENCES OF NOT ENACTING THIS BILL

EMNRD concludes that voluntary ecosystem restoration efforts in the lower Rio Grande will not

be formally encouraged through legislation.

BFW/nt