HOUSE JOINT MEMORIAL 8

53rd legislature - STATE OF NEW MEXICO - second session, 2018

INTRODUCED BY

Debbie A. Rodella

A JOINT MEMORIAL

REQUESTING THE ACEQUIA COMMISSION TO DEVELOP A REPORT IN COLLABORATION WITH VARIOUS STATE AND PRIVATE ENTITIES WITH PROPOSALS ON HOW TO UPDATE THE ACEQUIA COMMISSION'S AUTHORITIES TO BETTER MEET THE NEEDS OF ACEQUIA ASSOCIATIONS.

     WHEREAS, many of the state's acequia associations were established in the seventeenth and eighteenth centuries, forming the backbone of the Spanish and Mexican rural farming economy still prevalent in much of New Mexico; and

     WHEREAS, acequia associations, also known as community ditch associations, are recognized under New Mexico law as political subdivisions of the state and historically have been a principal local government unit for the distribution and use of surface water; and

     WHEREAS, acequia associations do not have the power to tax, so the expenses of maintenance, improvements and governance are borne by the individuals served by an acequia's irrigation system; and

     WHEREAS, acequia associations are typically governed by volunteer commissions; and

     WHEREAS, there are currently hundreds of acequia associations in New Mexico, and they periodically receive funding assistance from the state or federal government to rehabilitate their irrigation systems; and

     WHEREAS, in 1993, the legislature established a statewide acequia commission to: assist state and federal agencies in prioritizing funding assistance; facilitate communications between acequia associations and state and federal agencies; and advise state policymakers on legislation and other initiatives affecting acequias; and

     WHEREAS, in fiscal year 2016, the legislature appropriated ninety-four thousand dollars ($94,000) to the acequia commission for improvements to acequia irrigation systems; however, the acequia commission lacked the internal authority to distribute the funding; and

     WHEREAS, the requirement that the acequia commission work through other agencies to distribute infrastructure funding caused an unnecessary delay and raised the issue of whether the authorities of the acequia commission should be expanded in order to increase efficiency and better help acequia associations to meet modern demands;

     NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO that the acequia commission be requested to develop a report:

          A. on the current needs of acequia associations to meet their obligations to their members and their duties as political subdivisions of the state; and

          B. offering proposals to amend the current statutory authorities of the acequia commission and redefine its relationship with other state agencies and acequia associations; and

     BE IT FURTHER RESOLVED that the acequia commission be requested to work with the office of the state engineer, the interstate stream commission, the New Mexico department of agriculture and the New Mexico acequia association and that it solicit participation and comments from the various independent acequia associations and the general public in the development of the report; and

     BE IT FURTHER RESOLVED that the report be presented to the appropriate interim legislative committee prior to that committee's last meeting of 2018; and

     BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the governor, the acequia commission, the state engineer, the interstate stream commission and the director of the New Mexico department of agriculture.