HOUSE BILL 174
54th legislature - STATE OF NEW MEXICO - first session, 2019
INTRODUCED BY
Tomás E. Salazar
AN ACT
RELATING TO WATER; DIRECTING THE OFFICE OF THE STATE ENGINEER TO COMPLETE ALL PREPARATIONS FOR PRIORITY ADMINISTRATION IN THE LOWER AND MIDDLE RIO GRANDE BASINS; DIRECTING THE INTERSTATE STREAM COMMISSION TO UNDERTAKE WATER PLANNING; MAKING AN APPROPRIATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. A new section of Chapter 72, Article 2 NMSA 1978 is enacted to read:
"[NEW MATERIAL] ACTIVE WATER MANAGEMENT--LOWER RIO GRANDE--MIDDLE RIO GRANDE--STATE ENGINEER--INTERSTATE STREAM COMMISSION--DUTIES.--
A. In accordance with the rules promulgated pursuant to Section 72-2-9.1 NMSA 1978 to implement priority administration, the state engineer shall:
(1) declare water master districts pursuant to Section 72-3-1 NMSA 1978 in the lower Rio Grande and the middle Rio Grande;
(2) require owners of all water diversions within the lower Rio Grande and middle Rio Grande declared water master districts to accurately measure all diversions of water on a continuous basis and report the measurement results annually or more frequently pursuant to state engineer promulgated rules that shall encourage digital reporting;
(3) adopt rules necessary for priority administration of water rights within and throughout the lower Rio Grande and middle Rio Grande declared water master districts in order to take into account the unique facts and science of water flows within the declared water master districts and the history of state water development pursuant to state water rights;
(4) using the best available information, create and publish a list of all water rights by priority in the declared lower Rio Grande and middle Rio Grande water master districts; and
(5) in full cooperation with the interstate stream commission, adopt rules based on appropriate hydrologic models to promote expedited marketing and leasing of water in the declared lower Rio Grande and middle Rio Grande water master districts in accordance with Section 72-2-9.1 NMSA 1978.
B. The requirements of Subsection A of this section shall be completed by the state engineer no later than:
(1) December 31, 2021 in the lower Rio Grande; and
(2) December 31, 2022 in the middle Rio Grande.
C. Upon completion of the requirements of Subsection A of this section and prior to December 21, 2024, the state engineer shall determine an administration date to separate more senior water rights that will remain in priority from more junior water rights that will be out of priority pursuant to priority administration in the lower Rio Grande and the middle Rio Grande. Upon commencement of priority administration by the state engineer, water rights junior to the administration date shall not be exercised except pursuant to a water banking or expedited marketing or leasing transaction that is approved by the state engineer.
D. The interstate stream commission shall undertake water planning activities in the lower Rio Grande and the middle Rio Grande to facilitate and encourage the development of alternative approaches to achieve interstate river compact compliance, including through water banking and expedited water marketing and leasing. The interstate stream commission's water planning conclusions and recommendations shall be finalized and transmitted to the state engineer and the interim legislative committee that addresses water issues and published to the interstate stream commission's website by no later than December 31, 2021 for the lower Rio Grande and December 31, 2022 for the middle Rio Grande.
E. For the purposes of this section:
(1) "lower Rio Grande" means the geographic area tributary to the Rio Grande through surface water or groundwater connections in New Mexico downstream of Elephant Butte dam; and
(2) "middle Rio Grande" means the geographic area tributary to the Rio Grande through surface water or groundwater connections between the Otowi gage and Elephant Butte dam."
SECTION 2. APPROPRIATION.--
A. Two million dollars ($2,000,000) is appropriated from the general fund to the office of the state engineer for expenditure in fiscal years 2020 through 2022 to complete all preparations for priority administration in the lower Rio Grande in accordance with this 2019 act. Any unexpended or unencumbered balance remaining at the end of fiscal year 2022 shall revert to the general fund.
B. Two million dollars ($2,000,000) is appropriated from the general fund to the office of the state engineer for expenditure in fiscal years 2020 through 2023 to complete all preparations for priority administration in the middle Rio Grande in accordance with this 2019 act. Any unexpended or unencumbered balance remaining at the end of fiscal year 2023 shall revert to the general fund.
C. Three million dollars ($3,000,000) is appropriated from the general fund to the interstate stream commission for expenditure in fiscal years 2020 through 2025 to implement Subsections A and D of Section 1 of this 2019 act. Any unexpended or unencumbered balance remaining at the end of fiscal year 2025 shall revert to the general fund.
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