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SB 467: CHANGE INTERSTATE STREAM COMMISSION MEMBERS

An Act Relating To Water; Changing The Membership Of The Interstate Stream Commission; Providing Other Terms Of Holding Office On The Commission; Expanding General Powers Of The Commission.

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MOD SB 467
CHANGE INTERSTATE STREAM COMMISSION MEMBERS

Legislative URL:
SB 467 on nmlegis.gov
Emergency Clause:
No
Germane:
N/A
Location:
- HOUSE -
Action:
[5] SRC/SCONC-SRC [30] DP/a-SCONC [39] DNP-CS/DP [41] PASSED/S (28-13) API.
Issue(s):

Related Legislators

Bill Sponsor:

Related Documents

Downloads:
Introduced
SRC Committee Report
SCONC Committee Report
SCONC Committee Substitute
Fiscal Impact Report
Final Senate Vote
Summary

This bill repeals Section 72-14-1 NMSA 1978 (Interstate stream commission; creation; membership; organization); and it enacts a new Section 72-14-1 with the same title but a different membership composition as shown in the table below.

 

Current and new Interstate Stream Commission membership
Current §72-14-1 New §72-14-1 per SB-467
Nine members, including: Ten members, including:
The State Engineer The State Engineer
Eight members appointed by the governor for a term of six years, with the members appointed by the governor to be representative of major irrigation districts or sections, with no two members shall be appointed from the same irrigation district or section, and including at least one member of a New Mexico Indian tribe or pueblo Four members appointed by the governor for staggered terms of five years with the advice and consent of the Senate and with not more than two members from the same political party, including:·  one representative of an irrigation or conservancy district;·  one representative of a New Mexico acequia or community ditch;·  one representative of a New Mexico drinking water utility that provides at least 500 acre-feet of water annually for domestic use; and

·  one member of a New Mexico Indian nation, tribe or pueblo.

Four members appointed by the New MexicoLegislative Council for staggered terms of five years with the advice and consent of the Senate, and with not more than two members from the same political party, including:·  one member of the New Mexico Water Resources Research Institute or the civil or environmental engineering faculty of NMSU or UNM;·  one faculty member from the UNM Law School with expertise in New Mexico water law;

·  one professional hydrogeologist with expertise in New Mexico ground water resources or a registered engineer with a New Mexico consulting   engineering practice in water resources or water utility engineering; and

·  one representative of a nongovernmental environmental quality advocacy organization.

 

The bill further requires that the appointed members must have no less than 10 years’ experience with New Mexico water resources; and must not have any contracts to do business with the commission or the State Engineer or an irrigation or conservancy district for a period of two calendar years before or after the appointed member’s term.

 

On March 9th the Senate Rules Committee amended SB 467 to change “one representative of a nongovernmental environmental quality advocacy organization” to “one representative of a nongovernmental conservation advocacy organization.”

 

A possible benefit of this bill might be a more representative, more independent, better qualified and less partisan Interstate Stream Commission.

 

The Senate Conservation Committee Substitute for SB 467 is in most respects similar to the original bill as amended by the SRC. It keeps the same commission membership as SB 467A except that it replaces the UNM Law School faculty member with an additional representative of an irrigation or conservancy district. The substitute further provides that no two members shall be appointed from the same irrigation or conservancy district.

 

The substitute does not include the original bill’s requirement that the appointed members must not have any contracts to do business with the commission or the State Engineer or an irrigation or conservancy district for a period of two calendar years before or after the appointed member’s term. The substitute also omits a provision that, in the original bill, expanded the general powers of the Interstate Stream Commission.

 

A possible benefit of the SCONC substitute might be a more representative, more independent, better qualified and less partisan Interstate Stream Commission, without significantly reducing the proportionate representation of the state’s irrigation and conservancy district. A potential concern may be the increased likelihood of commissioner conflicts of interest.