0001| AN ACT
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0002| RELATING TO STATE PARKS; AMENDING THE RIO GRANDE VALLEY STATE PARK ACT
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0003| TO PROVIDE FOR COORDINATION AND COOPERATION WITH THE MIDDLE RIO GRANDE
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0004| CONSERVANCY DISTRICT.
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0005|
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0006| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0007| Section 1. Section 16-4-10 NMSA 1978 (being Laws 1983, Chapter
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0008| 18, Section 2) is amended to read:
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0009| "16-4-10. DECLARATION OF POLICY.--The preservation, protection
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0010| and maintenance of the natural and scenic beauty of a designated
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0011| portion of the Rio Grande and its immediate corridor is in the public
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0012| interest. The designation of the Rio Grande Valley state park will
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0013| enable people to enjoy the recreational, environmental, educational
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0014| and wildlife benefits of the river. Therefore, the legislature
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0015| declares it to be in the public interest, in furtherance of sound
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0016| environmental policy and for the good of the people to establish the
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0017| Rio Grande Valley state park in coordination and cooperation with the
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0018| conservancy district."
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0019| Section 2. Section 16-4-11 NMSA 1978 (being Laws 1983, Chapter
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0020| 18, Section 3, as amended) is amended to read:
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0021| "16-4-11. DEFINITIONS.--As used in the Rio Grande Valley State
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0022| Park Act:
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0023| A. "conservancy district" means the middle Rio Grande
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0024| conservancy district as an owner of the bosque land within the park;
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0025| B. "operating party" means the party designated by the
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0001| secretary to manage and administer the state park in coordination and
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0002| cooperation with the conservancy district; and
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0003| C. "secretary" means the secretary of energy, minerals and
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0004| natural resources."
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0005| Section 3. Section 16-4-13 NMSA 1978 (being Laws 1983, Chapter
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0006| 18, Section 5, as amended) is amended to read:
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0007| "16-4-13. MANAGEMENT.--
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0008| A. The provisions of the Rio Grande Valley State Park Act
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0009| shall not take effect until the secretary has fully executed a
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0010| management agreement with an operating party and shall cease to be in
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0011| effect if the management agreement is terminated. The management
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0012| agreement shall include a map delineating the boundaries of the park.
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0013| The park shall be established when the management agreement is signed
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0014| by the secretary and the designated representative of the operating
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0015| party. A provision of the management agreement shall require twelve
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0016| months' written notice prior to any termination taking effect.
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0017| B. The conservancy district and the city of Albuquerque as
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0018| the managing and operating party shall work in coordination and
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0019| cooperation with the conservancy district in the Rio Grande Valley
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0020| state park. The conservancy district and the city of Albuquerque as
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0021| the managing and operating party shall develop and update the current
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0022| management plan through a public hearings process, for approval by the
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0023| secretary, which is consistent with the provisions of the feasibility
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0024| study previously prepared that satisfies the requirements of
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0025| Subsection G of Section 16-2-11 NMSA 1978, to realize the objectives
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0001| of the Rio Grande Valley State Park Act. The plan shall be prepared
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0002| in cooperation with the appropriate federal, state and local agencies
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0003| and shall include among other things:
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0004| (1) consideration for cooperative management
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0005| arrangements between state, federal, conservancy, flood control and
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0006| municipal authorities;
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0007| (2) measures to control recreational use of the
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0008| designated river to protect the river's natural values; and
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0009| (3) measures to minimize any adverse impact to the
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0010| park caused by public transportation or other public improvement
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0011| projects to be located in close proximity to the park.
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0012| C. The conservancy district and the city of Albuquerque as
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0013| the managing and operating party may seek the assistance and aid of
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0014| the department of game and fish for resource and wildlife management
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0015| within the Rio Grande Valley state park."
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0016| Section 4. Section 16-4-14 NMSA 1978 (being Laws 1983, Chapter
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0017| 18, Section 6, as amended) is amended to read:
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0018| "16-4-14. LAND USE AND ACQUISITION.--
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0019| A. The secretary shall not condemn any land or interests in
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0020| lands within the Rio Grande Valley state park under state
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0021| jurisdiction.
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0022| B. The operating party may acquire, in furtherance of the
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0023| objectives of the Rio Grande Valley State Park Act and on behalf of
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0024| the state, land, improvements or any interest within the boundaries of
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0025| the Rio Grande Valley state park by purchase, lease, exchange or gift
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0001| and enter into agreements with private landholders concerning the same
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0002| at fair market value.
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0003| C. The secretary, conservancy district and the city of
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0004| Albuquerque as the managing and operating party may accept and receive
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0005| gifts and bequests of money or other property, including funds from
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0006| the federal government, for purposes consistent with the Rio Grande
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0007| Valley State Park Act.
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0008| D. The Rio Grande Valley state park shall be administered
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0009| in such a manner as to protect and enhance the scenic and natural
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0010| values of the Rio Grande.
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0011| E. Nothing in the Rio Grande Valley State Park Act shall be
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0012| construed as being incompatible with existing state property laws.
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0013| Nothing shall be construed to be incompatible with regulation of river
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0014| flow for flood control, sediment control or beneficial uses of water
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0015| or with the need for life saving, fire suppression, public health or
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0016| emergency flood management.
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0017| F. Future public utility crossings, including but not
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0018| limited to sewer lines, sewer outfalls and water lines and facilities,
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0019| are permitted uses in the park, subject to the following: such
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0020| facilities shall be placed underground or in existing easements,
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0021| provided that if such placement is determined by the utility not to be
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0022| practical due to unusual environmental, economic or technical
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0023| problems, the utilities shall make such findings and present them to
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0024| the conservancy district and the city of Albuquerque for approval of
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0025| placing the proposed facilities above ground or outside existing
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0001| easements. The utility shall also demonstrate to the conservancy
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0002| district and the city of Albuquerque that location of the proposed
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0003| facility outside the park would cause undue hardship to the utility.
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0004| G. The Rio Grande Valley State Park Act shall not prohibit
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0005| existing or future drainage or flood control projects approved by a
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0006| county, municipality or flood control agency. Such projects shall be
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0007| reviewed by the conservancy district
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0008| and the city of Albuquerque as the managing and operating party and
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0009| the county, municipality or flood control agency shall cooperate to
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0010| minimize adverse impact on the park caused by such projects."
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0011| Section 5. Section 16-4-15 NMSA 1978 (being Laws 1983, Chapter
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0012| 18, Section 7, as amended) is amended to read:
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0013| "16-4-15. VIOLATIONS--INJUNCTIONS.--Any person may be restrained
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0014| and enjoined from engaging or continuing in an act that violates any
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0015| provision of the Rio Grande Valley State Park Act or any rule or
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0016| regulation promulgated by the conservancy district or the city of
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0017| Albuquerque pursuant to the Rio Grande Valley State Park Act."
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0018| Section 6. Section 16-4-16 NMSA 1978 (being Laws 1983, Chapter
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0019| 18, Section 8) is amended to read:
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0020| "16-4-16. JOINT POWERS.--The conservancy district and the
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0021| city of Albuquerque, as the managing and operating party, shall
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0022| coordinate and cooperate with each other in the operation of the
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0023| Rio Grande Valley state park pursuant to a joint powers agreement.
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0024| The conservancy district and the city of Albuquerque shall enter
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0025| into a joint powers agreement to effectuate the provisions of the
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0001| Rio Grande Valley State Park Act; provided, however, that nothing
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0002| in the Rio Grande Valley State Park Act shall be construed in such
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0003| a way as to obstruct or interfere with the jurisdiction of the
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0004| conservancy district over its property within the park or the
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0005| conservancy district's duties, operations, maintenance,
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0006| obligations, construction of new works or functions of the middle
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0007| Rio Grande conservancy district as provided in Chapter 73,
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0008| Articles 14 and 18 NMSA 1978 or the duties and obligations of the
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0009| state of New Mexico under the Rio Grande Compact or agreements or
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0010| contracts between the conservancy district and federal agencies
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0011| such as the United States department of the interior, the bureau
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0012| of reclamation and the United States army corps of engineers; and
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0013| provided further, that the operating party or others shall take no
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0014| actions to interfere with, and nothing in the Rio Grande Valley
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0015| State Park Act shall be construed to interfere with, the
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0016| conservancy district's authority and sole jurisdiction over its
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0017| levees, roads and drains and conservancy lands contiguous with the
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0018| boundary of the park. In the event the operating party and the
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0019| conservancy district fail to resolve a dispute regarding the
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0020| management and administration of the park, the operating party and
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0021| the conservancy district shall submit any unresolved disputes to a
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0022| mutually agreeable impartial mediator for mediation."
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0023|
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