SENATE BILL 157

53rd legislature - STATE OF NEW MEXICO - first session, 2017

INTRODUCED BY

Peter Wirth

AN ACT

RELATING TO WATER; CHANGING THE MEMBERSHIP OF THE INTERSTATE STREAM COMMISSION; PROVIDING OTHER TERMS OF HOLDING OFFICE ON THE COMMISSION.

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

     SECTION 1. Section 72-14-1 NMSA 1978 (being Laws 1935, Chapter 25, Section 1, as amended) is repealed and a new Section 72-14-1 NMSA 1978 is enacted to read:

     "72-14-1. [NEW MATERIAL] INTERSTATE STREAM COMMISSION--CREATION--MEMBERSHIP--ORGANIZATION.--

          A. The "interstate stream commission" is created, consisting of the following members:

                (1) the state engineer;

                (2) four members appointed by the governor, with the advice and consent of the senate and with the provision that not more than two members shall be from the same political party, as follows:

                     (a) one representative of an irrigation or conservancy district;

                     (b) one representative of a New Mexico acequia or community ditch;

                     (c) one representative of a New Mexico drinking water utility that provides at least five hundred acre-feet of water annually for domestic use; and

                     (d) one member of a New Mexico Indian nation, tribe or pueblo; and

                (3) four members appointed by the New Mexico legislative council, with the advice and consent of the senate and with the provision that not more than two members shall be from the same political party, as follows:

                     (a) one representative of an irrigation or conservancy district;

                     (b) one member of the New Mexico water resources research institute or civil or environmental engineering faculty of New Mexico state university or the university of New Mexico;

                     (c) one professional hydrogeologist with expertise in New Mexico ground water resources or a registered engineer with a New Mexico consulting engineering practice in water resources or water utility engineering; and

                     (d) one representative of a nongovernmental conservation advocacy organization.

          B. No two members shall be appointed from the same irrigation or conservancy district, and no more than three members shall be appointed from the same geographic region. The appointed members shall be qualified by no less than ten years' experience with New Mexico water resources.

          C. Appointed members of the commission shall serve for staggered terms of five years; provided that of the initial members, one member shall serve for two years, one member shall serve for three years, two members shall serve for four years and one member shall serve for five years. Initial terms shall be decided by drawing lots. Members shall serve until their successors are appointed and qualified.

          D. Members may be removed from the commission by the appointing authority for failure to attend three consecutive meetings or for other cause in the same manner as provided for removal of members of boards of regents under Article 12, Section 13 of the constitution of New Mexico. A vacancy occurring other than by expiration of the term shall be filled in the same manner as the original appointment for the unexpired term. 

          E. The commission shall elect a chair and vice chair, and the state engineer shall be the secretary. A commission member shall not hold any office or employment in a political party.

          F. All actions of the commission shall be by majority vote, and a majority of members constitutes a quorum for the transaction of business. Members who are not compensated by public money are entitled to receive per diem and mileage expenses as provided in the Per Diem and Mileage Act. Members who are compensated by public money may receive per diem and mileage from their public agencies or institutions. Members of the commission and officers and employees of the commission shall be governed by the provisions of the Governmental Conduct Act."

     SECTION 2. TEMPORARY PROVISION--INTERSTATE STREAM COMMISSION MEMBERSHIP PER THIS ACT.--The new membership of the interstate stream commission shall be appointed for staggered terms, pursuant to Subsection C of Section 1 of this act, that begin July 1, 2017. Current members who meet the requirements of the positions specified in Section 1 of this act may be reappointed for new terms. Current members shall continue in their positions until their replacements have been qualified.

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