0001| SENATE CONSERVATION COMMITTEE SUBSTITUTE FOR | 0002| SENATE BILL 923 | 0003| 43rd legislature - STATE OF NEW MEXICO - first session, 1997 | 0004| | 0005| | 0006| | 0007| | 0008| | 0009| | 0010| | 0011| AN ACT | 0012| RELATING TO STATE PARKS; AMENDING THE RIO GRANDE VALLEY STATE | 0013| PARK ACT TO PROVIDE FOR COORDINATION AND COOPERATION WITH THE | 0014| MIDDLE RIO GRANDE CONSERVANCY DISTRICT. | 0015| | 0016| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0017| Section 1. Section 16-4-10 NMSA 1978 (being Laws 1983, | 0018| Chapter 18, Section 2) is amended to read: | 0019| "16-4-10. DECLARATION OF POLICY.--The preservation, | 0020| protection and maintenance of the natural and scenic beauty of | 0021| a designated portion of the Rio Grande and its immediate | 0022| corridor is in the public interest. The designation of the Rio | 0023| Grande Valley state park will enable people to enjoy the | 0024| recreational, environmental, educational and wildlife benefits | 0025| of the river. Therefore, the legislature declares it to be in | 0001| the public interest, in furtherance of sound environmental | 0002| policy and for the good of the people to establish the Rio | 0003| Grande Valley state park in coordination and cooperation with | 0004| the conservancy district." | 0005| Section 2. Section 16-4-11 NMSA 1978 (being Laws 1983, | 0006| Chapter 18, Section 3, as amended) is amended to read: | 0007| "16-4-11. DEFINITIONS.--As used in the Rio Grande Valley | 0008| State Park Act: | 0009| A. "conservancy district" means the middle Rio | 0010| Grande conservancy district as an owner of the bosque land | 0011| within the park; | 0012| B. "operating party" means the party designated by | 0013| the secretary to manage and administer the state park in | 0014| coordination and cooperation with the conservancy district; and | 0015| C. "secretary" means the secretary of energy, | 0016| minerals and natural resources." | 0017| Section 3. Section 16-4-13 NMSA 1978 (being Laws 1983, | 0018| Chapter 18, Section 5, as amended) is amended to read: | 0019| "16-4-13. MANAGEMENT.-- | 0020| A. The provisions of the Rio Grande Valley State | 0021| Park Act shall not take effect until the secretary has fully | 0022| executed a management agreement with an operating party and | 0023| shall cease to be in effect if the management agreement is | 0024| terminated. The management agreement shall include a map | 0025| delineating the boundaries of the park. The park shall be | 0001| established when the management agreement is signed by the | 0002| secretary and the designated representative of the operating | 0003| party. A provision of the management agreement shall require | 0004| twelve months' written notice prior to any termination taking | 0005| effect. | 0006| B. The conservancy district and the city of | 0007| Albuquerque as the managing and operating party shall [administer] | 0008| work in coordination and cooperation with the conservancy district | 0009| in the Rio Grande Valley state park. The conservancy district and | 0010| the | 0011| city of Albuquerque as the managing and operating party shall | 0012| develop [after] and update the current management plan through a | 0013| public hearings [a management plan] process, for approval by the | 0014| secretary, which is consistent with the provisions of the | 0015| feasibility study previously prepared that satisfies the | 0016| requirements of Subsection G of Section 16-2-11 NMSA 1978, to | 0017| realize the objectives of the Rio Grande Valley State Park Act. | 0018| The plan shall be prepared in cooperation with the appropriate | 0019| federal, state and local agencies and shall include among other | 0020| things: | 0021| (1) consideration for cooperative management | 0022| arrangements between state, federal, conservancy, flood control | 0023| and municipal authorities; | 0024| (2) measures to control recreational use of the | 0025| designated river to protect the river's natural values; and | 0001| (3) measures to minimize any adverse impact to | 0002| the park caused by public transportation or other public | 0003| improvement projects to be located in close proximity to the park. | 0004| C. The conservancy district and the city of | 0005| Albuquerque as the managing and operating party may seek the | 0006| assistance and aid of the [game and fish] department of game and | 0007| fish for resource and wildlife management within the Rio Grande | 0008| Valley state park." | 0009| Section 4. Section 16-4-14 NMSA 1978 (being Laws 1983, | 0010| Chapter 18, Section 6, as amended) is amended to read: | 0011| "16-4-14. LAND USE AND ACQUISITION.-- | 0012| A. The secretary shall not condemn any land or | 0013| interests in lands within the Rio Grande Valley state park under | 0014| state jurisdiction. | 0015| B. The operating party may acquire, in furtherance of | 0016| the objectives of the Rio Grande Valley State Park Act and on | 0017| behalf of the state, land, improvements or any interest within the | 0018| boundaries of the Rio Grande Valley state park by purchase, lease, | 0019| exchange or gift and enter into agreements with private | 0020| landholders concerning the same at fair market value. | 0021| C. The secretary, [or] conservancy district and the | 0022| city of Albuquerque as the managing and operating party may accept | 0023| and receive gifts and bequests of money or other property, | 0024| including funds from the federal government, for purposes | 0025| consistent with the Rio Grande Valley State Park Act. | 0001| D. The Rio Grande Valley state park shall be | 0002| administered in such a manner as to protect and enhance the scenic | 0003| and natural values of the Rio Grande. | 0004| E. Nothing in the Rio Grande Valley State Park Act | 0005| shall be construed as being incompatible with existing state | 0006| property laws. Nothing shall be construed to be incompatible with | 0007| regulation of river flow for flood control, sediment control or | 0008| beneficial uses of water or with the need for life saving, fire | 0009| suppression, public health or emergency flood management. | 0010| F. Future public utility crossings, including but not | 0011| limited to sewer lines, sewer outfalls and water lines and | 0012| facilities, are permitted uses in the park, subject to the | 0013| following: such facilities shall be placed underground or in | 0014| existing easements, provided that if such placement is determined | 0015| by the utility not to be practical due to unusual environmental, | 0016| economic or technical problems, the utilities shall make such | 0017| findings and present them to the [secretary] conservancy district | 0018| and the city of Albuquerque for approval of placing the proposed | 0019| facilities above ground or outside existing easements. The | 0020| utility shall also demonstrate to the [secretary] conservancy | 0021| district and the city of Albuquerque that location of the proposed | 0022| facility outside the park would cause undue hardship to the | 0023| utility. | 0024| G. The Rio Grande Valley State Park Act shall not | 0025| prohibit existing or future drainage or flood control projects | 0001| approved by a county, municipality or flood control agency. Such | 0002| projects shall be reviewed by the [secretary] conservancy district | 0003| and the [secretary the] city of Albuquerque as the managing and | 0004| operating party and the county, municipality or flood control | 0005| agency shall cooperate to minimize adverse impact on the park | 0006| caused by such projects." | 0007| Section 5. Section 16-4-15 NMSA 1978 (being Laws 1983, | 0008| Chapter 18, Section 7, as amended) is amended to read: | 0009| "16-4-15. VIOLATIONS--INJUNCTIONS.--Any person may be | 0010| restrained and enjoined from engaging or continuing in an act | 0011| [which] that violates any provision of the Rio Grande Valley State | 0012| Park Act or any rule or regulation [of the secretary or any | 0013| additional rule or regulation adopted] promulgated by the | 0014| conservancy district or the city of Albuquerque pursuant to the | 0015| Rio Grande Valley State Park Act." | 0016| Section 6. Section 16-4-16 NMSA 1978 (being Laws 1983, | 0017| Chapter 18, Section 8) is amended to read: | 0018| "16-4-16. JOINT POWERS.--[The operating party, subsequent | 0019| to satisfying the provisions of Subsection A of Section 5 of the | 0020| Rio Grande Valley State Park Act and] The conservancy district and | 0021| the city of Albuquerque, as the managing and operating party, | 0022| shall coordinate and cooperate with each other in the operation of | 0023| the Rio Grande Valley state park pursuant to a joint powers | 0024| agreement. The conservancy district and the city of Albuquerque | 0025| shall enter into a joint powers agreement to effectuate the | 0001| provisions of the Rio Grande Valley State Park Act; provided, | 0002| however, that nothing in the Rio Grande Valley State Park Act | 0003| shall be construed in such a way as to obstruct or interfere with | 0004| the jurisdiction of the conservancy district over its property | 0005| within the park or the conservancy district's duties, operations, | 0006| maintenance, obligations, construction of new works or functions | 0007| of the middle Rio Grande conservancy district as provided in | 0008| Chapter 73, Articles 14 and 18 NMSA 1978 or the duties and | 0009| obligations of the state of New Mexico under the Rio Grande | 0010| Compact or agreements or contracts between the conservancy | 0011| district and federal agencies such as the United States department | 0012| of the interior, the bureau of reclamation and the United States | 0013| army corps of engineers; and provided further, that the operating | 0014| party or others shall take no actions to interfere with, and | 0015| nothing in the Rio Grande Valley state Park Act shall be construed | 0016| to interfere with, the conservancy district's authority and sole | 0017| jurisdiction over its levees, roads and drains and conservancy | 0018| lands contiguous with the boundary of the park. In the event the | 0019| operating party and the conservancy district fail to [negotiate a | 0020| mutually acceptable joint powers agreement within one year from | 0021| complying with the provisions of Subsection A of Section 5 of the | 0022| Rio Grande Valley State Park Act] resolve a dispute regarding the | 0023| management and administration of the park, the operating party and | 0024| the conservancy district shall submit any unresolved disputes to a | 0025| mutually agreeable impartial [arbitrator] mediator for [binding | 0001| arbitration] mediation." | 0002| - 7 - |