0001|                           HOUSE BILL 1298
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0002|     43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0003|                            INTRODUCED BY
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0004|                             GARY K. KING
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0005|     
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0006|                                   
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0007|     
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0008|                                   
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0009|     
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0010|                                AN ACT
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0011|     RELATING TO WATER; PROVIDING FOR PROTECTION OF SURFACE WATERS;
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0012|     DESIGNATING CERTAIN SURFACE WATERS AS UNIQUE WATERS.
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0013|     
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0014|     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0015|          Section 1.  A new section of the Water Quality Act is
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0016|     enacted to read:
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0017|          "[<u>NEW MATERIAL</u>]  WATER QUALITY--PROTECTION AGAINST
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0018|     DEGRADATION.--
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0019|               A.  The department of environment shall determine
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0020|     whether there is any degradation of water quality in a surface
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0021|     water on a pollutant-by-pollutant basis.
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0022|               B.  The level of water quality necessary to protect
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0023|     existing uses shall be maintained and protected.  No
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0024|     degradation of existing water quality is permitted in a surface
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0025|     water where the existing water quality does not meet applicable
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0001|     state water quality standards.
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0002|               C.  Where existing water quality in a surface water
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0003|     exceeds the applicable water quality standard, that quality
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0004|     shall be maintained and protected.  The department of
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0005|     environment may allow limited degradation of existing water
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0006|     quality in the surface water, provided that the department
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0007|     first conducts a public hearing on whether degradation should
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0008|     be allowed and the department finds that:
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0009|                    (1)  the level of water quality necessary to
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0010|     protect existing uses is fully protected;
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0011|                    (2)  the highest statutory and regulatory
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0012|     requirements for all new and existing point sources as set
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0013|     forth in the Clean Water Act are achieved;
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0014|                    (3)  all cost-effective and reasonable best
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0015|     management practices for non-point source control are
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0016|     implemented; and
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0017|                    (4)  allowing lower water quality is necessary
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0018|     to accommodate important economic or social development in the
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0019|     area in which the surface water is located.
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0020|               D.  Existing water quality shall be maintained and
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0021|     protected in those waters that have been classified as a unique
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0022|     water or that have been proposed by the department for
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0023|     classification as a unique water pursuant to Section 2 of this
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0024|     act.
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0025|               E.  In those cases where potential water quality
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0001|     impairment associated with a thermal discharge is involved, the
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0002|     antidegradation policy and implementing method shall be
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0003|     consistent with Section 1316 of the federal Water Pollution
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0004|     Act.
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0005|          Section 2.  A new section of the Water Quality Act is
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0006|     enacted to read:
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0007|          "[<u>NEW MATERIAL</u>]  UNIQUE WATERS--DESIGNATION.--
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0008|               A.  The department of environment shall, by rule,
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0009|     classify a surface water as a unique water.
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0010|               B.  The director may adopt, by rule, site specific
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0011|     water quality standards to maintain and protect existing water
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0012|     quality in a unique water.
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0013|               C.  Any person may nominate a surface water for
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0014|     classification as a unique water by filing a petition for rule
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0015|     adoption with department. A petition for rule adoption to
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0016|     classify a surface water as a unique water shall include:
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0017|                    (1)  a map and a description of the surface
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0018|     water;
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0019|                    (2)  a written statement in support of the
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0020|     nomination, including specific reference to the applicable
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0021|     criteria for unique water classification;
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0022|                    (3)  supporting evidence demonstrating that one
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0023|     or more of the applicable unique water criteria prescribed in
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0024|     Subsection D of this section has been met; and
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0025|                    (4)  available water quality data relevant to
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0001|     establishing baseline water quality of the proposed unique
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0002|     water.
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0003|               D.  The department of environment may classify a
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0004|     surface water as a unique water upon finding that the surface
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0005|     water is an outstanding state resource water based upon one of
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0006|     the following criteria:
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0007|                    (1)  the surface water is of exceptional
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0008|     recreational or ecological significance because of its unique
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0009|     attributes, including but not limited to attributes related to
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0010|     the geology, flora, fauna, water quality, aesthetic values or
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0011|     the wilderness characteristics of the surface water; or
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0012|                    (2)  threatened or endangered species are known
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0013|     to be associated with the surface water and the existing water
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0014|     quality is essential to the maintenance and propagation of
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0015|     threatened or endangered species or the surface water provides
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0016|     critical habitat for a threatened or endangered species.
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0017|               E.  The following surface waters are designated as
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0018|     unique waters:
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0019|                    (1)  Tesuque creek from the headwaters to the
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0020|     Santa Fe national forest boundary;
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0021|                    (2)  Santa Fe river from the headwaters to
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0022|     McClure reservoir;
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0023|                    (3)  Rio Frijoles from the headwaters to the
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0024|     confluence with the Rio Grande;
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0025|                    (4)  East Fork of the Jemez from the Santa Fe
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0001|     national forest boundary downstream to the confluence with the
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0002|     Jemez river;
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0003|                    (5)  the Rio Grande from the Colorado and New
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0004|     Mexico state line downstream to the Rio Arriba and Taos county
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0005|     line;
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0006|                    (6)  Rio Embudo from the Picuris pueblo
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0007|     boundary downstream approximately four and one-half miles to
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0008|     where the river enters private land;
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0009|                    (7)  West Fork of the Gila river from its
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0010|     headwaters to the confluence with the Middle Fork of the Gila
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0011|     river;
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0012|                    (8)  Rio Bonito including the South Fork Rio
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0013|     Bonito and the Little Rio Bonito from their headwaters to the
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0014|     Lincoln national forest boundary;
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0015|                    (9)  Three Rivers from its headwaters to the
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0016|     Lincoln national forest boundary; and
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0017|                    (10)  Las Huertas creek from the headwaters to
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0018|     the Cibola national forest boundary.
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0019|               F.  Where necessary, the department shall establish
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0020|     specific water quality standards appropriate for each water
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0021|     body designated as a unique water."
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0022|                              
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