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SB 440: LOWER RIO GRANDE WATER RIGHTS

An Act Relating To Water; Providing For The Interstate Stream Commission To Acquire, Retire, Protect And Conserve Water Rights And Conserve Water In The Lower Rio Grande Basin; Making An Appropriation.

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MILD SB 440
LOWER RIO GRANDE WATER RIGHTS

Legislative URL:
SB 440 on nmlegis.gov
Emergency Clause:
No
Germane:
N/A
Location:
- OTHER -
Action:
[8] SCONC/SJC/SFC-SCONC [21] DNP-CS/w/o rec-SJC [24] DP-SFC API.
Issue(s):

Related Legislators

Bill Sponsor:

Related Documents

Downloads:
Introduced
SCONC Committee Report
SCONC Committee Substitute
SJC Committee Report
Fiscal Impact Report
Summary

This bill is actually an appropriations bill but with language attached that sets forth a number of legislative findings regarding water rights in the lower Rio Grande Basin and then directs the Interstate Stream Commission (ISC) to take certain actions. The bill appropriates $120,000,000 to the ISC to acquire, retire, protect and conserve water rights and conserve water in the lower Rio Grande Basin.

 

The legislative findings include statements about:

  • the imbalance among water rights holders, compact obligations and demands on supply;
  • the threat to the State’s economic well-being from that imbalance and the resulting economic hardships;
  • the State Engineer’s conclusion that priority administration is only a last resort; and,
  • the need for a mechanism to restore balance.

 

The bill directs the ISC to enter into contracts with the Elephant Butte Irrigation District that ensure that funds appropriated pursuant to this bill will be used effectively toward compliance with New Mexico’s obligations under the Rio Grande Compact, the Rio Grande Project and water rights that are senior and entitled to protection under the constitution of New Mexico.

 

And it directs the ISC (after consultation with a number of interested parties) to determine the need for projects to be funded with the appropriation. The projects must:

  • augment or import water into the lower Rio Grande basin;
  • improve efficiencies in the delivery of Rio Grande Project water;
  • purchase, lease or otherwise acquire water rights from willing sellers and, if appropriate, appurtenant land;
  • protect water rights, retire water rights or otherwise correct the imbalances; or,
  • promote water conservation.

 

Finally, the bill allows the ISC to sell excess water rights in the private sector should it acquire more water rights than permanently needed for compliance with priority administration, senior water rights and New Mexico’s obligations under the Rio Grande Compact.

 

One potential benefit of this bill might be that the potential funding will reduce some of the pressures on the State ‘s water supply.

 

The SCONC Committee Substitute removes all the language about legislative findings and direction to the ISC so that only the appropriation is left.

 

Date of Summary:  2/6/2013, Updated 3/2/2013