HOUSE MEMORIAL 74

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

INTRODUCED BY

Yvette Herrell and James G. Townsend and Cathrynn N. Brown

A MEMORIAL

REQUESTING THE WATER RESOURCES RESEARCH INSTITUTE AT NEW MEXICO STATE UNIVERSITY TO CONVENE A TASK FORCE TO STUDY AND MAKE RECOMMENDATIONS TO IMPROVE THE REGIONAL WATER PLAN PLANNING PROCESS AND TO INVESTIGATE THE WATER LEVEL OF THE OGALLALA AQUIFER.

     WHEREAS, the legislative authority for regional water planning was enacted in 1987 as Section 72-14-43 NMSA 1978; and

     WHEREAS, in authorizing regional water planning, the legislature found that "the future water needs of New Mexico can best be met by allowing each region of the state to plan for its water future"; and

     WHEREAS, in letters to water producers dated May 23, 2017, the state land office announced that it would not be issuing any new or renewal water easements from the Ogallala aquifer, citing a rapid rate of depletion of the Ogallala aquifer; and

     WHEREAS, the state land office's announcement to the producers seems to have been pronounced without regard to the effect on regional water planning; the accommodation doctrine; the impact on roads caused by increased tank truck traffic as opposed to pipeline transport of water; the impact on agricultural, industrial and municipal uses of water; the impact on the oil and gas industry, which, without water, drilling fluid cannot be made and well completions cannot be accomplished; and without a stated scientific basis; and

     WHEREAS, decisions regarding water resources that are enacted without regard to regional water planning, such as the one made by the state land office, undermine a region's ability to adequately plan for the future and address the region's economic needs; and

     WHEREAS, in 2013, the interstate stream commission initiated a regional water plan update program; and

     WHEREAS, concerns have been voiced around the state that the water plan update process is being driven by the state rather than at the regional level, resulting in a failure to use the best available science in the water plan update and making regions potentially vulnerable to litigation; and

     WHEREAS, ongoing, integrated water resources planning tied to monitoring and implementation is vital to ensure the future economic well-being of New Mexico;

     NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE STATE OF NEW MEXICO that the importance of sound regional water planning be affirmed and that water planning be implemented as the legislature intended; and

     BE IT FURTHER RESOLVED that the water resources research institute at New Mexico state university be requested to convene a task force to use the best available technical data and information about water rights adjudication to determine whether there is a water shortage in the Ogallala aquifer and, if so, the precise location of where the shortage exists; and

     BE IT FURTHER RESOLVED that the task force define how to accomplish future water planning in the state given the primacy of water and mineral rights as the dominant estate and the land as the servient estate; and

     BE IT FURTHER RESOLVED that the task force study and make recommendations to improve the following areas related to water planning:

          A. governance and institutional arrangements to encourage collective learning and the consideration of issues that are often reduced to "externalities";

          B. the strengthening of planning linkages among different types and levels of plans and among planning and administration;

          C. the full engagement of a broader range of stakeholders throughout the planning process, including coordination with the office of the state engineer and consideration of statewide hydrological data;

          D. meaningful and ongoing consultation with the governments of federally recognized Indian nations, tribes or pueblos under the State-Tribal Collaboration Act;

          E. the use of credible hydrological and demographic data, common technical methodologies and local experts; and

          F. the advancement of water rights adjudications by making them a legislative priority and the exploration of alternative agencies to undertake water rights adjudications, in addition to a review of the multiple responsibilities of the office of the state engineer; and

     BE IT FURTHER RESOLVED that the task force develop through an open process a detailed plan or proposal for legislative, interstate stream commission and regional action that includes the rationale for and results expected from water planning, including specific tasks that need to be accomplished, a milestone schedule and estimated costs; and

     BE IT FURTHER RESOLVED that the task force be composed of representatives from the water resources research institute, the office of the state engineer, the department of environment and the energy, minerals and natural resources department, in addition to a diverse set of other participants representing, at a minimum:

          A. Indian nations, tribes or pueblos;

          B. the agricultural industry;

          C. the extractive minerals industry;

          D. the oil and gas industry;

          E. economic development interests and urban businesses;

          F. environmental protection interests;

          G. current and future water users; and

          H. county and municipal governments; and

     BE IT FURTHER RESOLVED that the task force address how neighboring communities that share common water resources or that are otherwise hydrologically connected may collaborate to develop shared strategies to improve the communities' resilience; and

     BE IT FURTHER RESOLVED that the plan or proposal be presented to the appropriate interim committee for endorsement or modification no later than July 1, 2020; and

     BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the director of the water resources research institute at New Mexico state university, the state engineer, the secretary of environment and the secretary of energy, minerals and natural resources.

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