HOUSE BILL 241

55th legislature - STATE OF NEW MEXICO - first session, 2021

INTRODUCED BY

Susan K. Herrera and Joy Garratt and Leo Jaramillo

AN ACT

RELATING TO THE WATER TRUST BOARD; REQUIRING THE BOARD TO SET ASIDE TEN PERCENT OF AN ALLOCATION FOR QUALIFYING WATER PROJECTS FROM THE WATER PROJECT FUND FOR QUALIFYING WATER PROJECTS THAT SERVE MUTUAL DOMESTIC WATER SYSTEMS IN URGENT NEED.

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

     SECTION 1. Section 72-4A-5 NMSA 1978 (being Laws 2001, Chapter 164, Section 5, as amended) is amended to read:

     "72-4A-5. BOARD--DUTIES.--

          A. The board shall:

                [A.] (1) adopt rules governing terms and conditions of grants or loans recommended by the board for appropriation by the legislature from the water project fund, giving priority to projects that have been identified as being urgent to meet the needs of a regional water planning area that has a completed regional water plan that has been accepted by the interstate stream commission; that have matching contributions from federal or local funding sources available; and that have obtained all requisite state and federal permits and authorizations necessary to initiate the project;

                (2) set aside ten percent of the annual amount to be allocated from the appropriation by the legislature from the water project fund as grants to qualifying water projects for qualifying water projects that serve mutual domestic water systems in urgent need and adopt rules governing the terms and conditions of those grants. For those mutual domestic water systems, there shall be no matching contribution required. Mutual domestic water systems shall not be required to be part of an accepted regional water planning area in order to receive priority points. Mutual domestic water system funding recipients shall be required to obtain all requisite state and federal permits and authorizations necessary as part of the grant authorization and may use the funding proceeds to acquire the required permits if approved;

                [B.] (3) authorize qualifying water projects to the authority that are for:

                     [(1)] (a) storage, conveyance or delivery of water to end users;

                     [(2)] (b) implementation of federal Endangered Species Act of 1973 collaborative programs;

                     [(3)] (c) restoration and management of watersheds;

                     [(4)] (d) flood prevention; or

                     [(5)] (e) water conservation or recycling, treatment or reuse of water as provided by law; and

                [C.] (4) create a drought strike team to coordinate responses to emergency water shortages caused by drought conditions.

          B. As used in this section, "mutual domestic water system in urgent need" means a mutual domestic water consumers association or other association organized pursuant to the Sanitary Projects Act that is in need of funding to restore service or to make necessary repairs or upgrades to ensure that service will not be lost or impaired in the future."

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