SB 176 — ACEQUIA FUND FOR DISASTER RESPONSE

SENATEAN BILLACT 176RELATING 56THTO LEGISLATUREWATER; - STATEOFNEWMEXICO- FIRST SESSION, 2023 INTRODUCED BY Pete Campos and Leo Jaramillo and Elizabeth "Liz" Stefanics and Siah Correa Hemphill and Ambrose Castellano This document may incorporate amendments proposed by a committee, but not yet adopted, as well as amendments that have been adopted during the current legislative session.

TheAMENDING documentTHE isACEQUIA aAND toolCOMMUNITY toDITCH showINFRASTRUCTURE amendmentsFUND inTO contextALLOW andFUNDING cannotFOR beDISASTER usedRESPONSE, forRECOVERY theAND purposeHAZARD ofMITIGATION addingAND amendmentsCOST toSHARE legislation.REQUIREMENTS OF STATE AND FEDERAL FUNDING PROGRAMS.

h7 ANBE ACTIT gENACTED oBY RELATINGTHE TOLEGISLATURE WATER;OF THE STATE OF NEW MEXICO:

AMENDING THE ACEQUIA AND COMMUNITY DITCH t hr g e i k INFRASTRUCTURE FUND TO ALLOW FUNDING FOR DISASTER RESPONSE, h r i s RECOVERY AND HAZARD MITIGATION AND COST SHARE REQUIREMENTS OF h , t, STATE AND FEDERAL FUNDING PROGRAMS SFCº ;

INCREASING THE ANNUAL e u g e b l e e h TRANSFER FROM THE NEW MEXICO IRRIGATION WORKS CONSTRUCTION FUND n d d i = = o h TO THE ACEQUIA AND COMMUNITY DITCH INFRASTRUCTURE FUND;

MAKING l ] b ,d i a º e AN APPROPRIATION.»SFC SFCº.»SFC r i = r t e w d m a n o d m :

b e d s º o t n = .223674.2AIC March 7, 2023 (4:03pm) s k m e e a n e d r e l u [ A d BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Any unexpended or unencumbered balance remaining in the fund at the end of any fiscal year shall revert to the New Mexico irrigation works h construction fund.

u » r B.

Money in the fund is appropriated to the t h g e interstate stream commission to:

lSB i176 hPage r1 i s (1) provide funding to acequias or community h , e h ditches for [the] planning, engineering design or construction t u g e b l of irrigation worksworks, [ofand acequias or community ditches] SFCºand e e , gh n d d i = = o h infrastructure projects»SFCprojects, , including dams, reservoirs, l ] b ,d i a º r diversions, ditches, flumes or other appurtenances for the e r = t e w d purposes of restoration, repair, disaster response,response recovery mand ahazard nmitigation, oimprovement dof mirrigation :efficiency and protection from floods;

b r e t º o t n = .223674.2AIC March 7, 2023 (4:03pm) s k m e - 2 - e a n e d r e l u [ A d and hazard mitigation, improvement of irrigation efficiency SFCº,»SFC [or] SFCºand»SFC protection from floods SFCº and»SFC SFCºinfrastructure projects»SFC ;

(1) [in consultation ] consult with the acequia commission and the New Mexico acequia association to develop:

(a) guidelines and criteria for [program] funding eligibility;

[(2)(2) prioritizereview theacequia provisionor ofcommunity fundingditch basedplans onand projectspecifications; readiness;

h(3) (3)]inspect (2)completed reviewprojects; acequia or community ditch g o plans and specifications [and] SFCºprior to providing t hr g e i k funding»SFC ;

hand r(4) ireport sbiannually (3)to inspectthe completedacequia projects;commission on the progress of projects funded through the fund and the expenditure of money from the fund.

andD. h , t, (4) report biannually to the acequia e u g e b l e e h commission on the progress of projects funded through the fund n d d i = = o h and the expenditure of money from the fund.

lAs ]used bin ,dthis isection, a"fund" ºmeans ethe D.SB 176 Page 2 acequia and community ditch infrastructure fund." SECTION 2.

AsEFFECTIVE usedDATE.--The ineffective thisdate section,of "fund" means the rprovisions iof =this ract tis eJuly w1, d2023. acequia and community ditch infrastructure fund." m a n o d m :

bSB e176 dPage s º o t n = .223674.2AIC March 7, 2023 (4:03pm) s k m e - 3 -5 e7 a9 n25 e d r e l u [ A d SFCºSECTION 2.

Section 72-14-23 NMSA 1978 (being Laws 1955, Chapter 266, Section 15, as amended by Laws 2019, Chapter 62, Section 9 and by Laws 2019, Chapter 169, Section 2) is amended to read:

"72-14-23.

NEW MEXICO IRRIGATION WORKS CONSTRUCTION FUND CREATED--LIMITATION OF LIABILITY UNDER ACT--REPARATION OF DAMAGES CAUSED IN CARRYING OUT POWERS GRANTED--AUTHORITY OF COMMISSION TO RECEIVE CONTRIBUTIONS.-- A.

There is created a fund to be known as the "New Mexico irrigation works construction fund", which shall consist of the income creditable to the permanent reservoirs for irrigation purposes income fund not otherwise pledged under Section 72-14-19 NMSA 1978 and all other money that may be appropriated by the legislature to the construction fund.

The fund shall be a continuing fund and shall not revert to the general fund or to any other fund.

h B.

Annually, [two million five hundred thousand u » r dollars ($2,500,000)] five million dollars ($5,000,000) shall t h g e l i be transferred from the New Mexico irrigation works h r i s construction fund to the acequia and community ditch h , e h t u g infrastructure fund.

e b l e e , gh C.

Annually, one million dollars ($1,000,000) shall n d d i = = o h be [distributed] transferred from the New Mexico irrigation l ] b ,d i a º r e r = works construction fund to the forest land protection revolving t e w d m a n o fund.

d m :

b r e t º o t n = .223674.2AIC March 7, 2023 (4:03pm) s k m e - 4 - e a n e d r e l u [ A d D.

The cost of investigations and construction as authorized in Section 72-14-11 NMSA 1978 shall be paid from the New Mexico irrigation works construction fund and also the cost of all preliminary work on any project, and all expenses directly chargeable to such project, prior to the receipt of the proceeds of bonds, shall be paid from the construction fund.

The amount of all such expenses on account of any project and such part of the general administrative expenses of the commission and the cost of investigation as shall be properly chargeable, in the opinion of the commission, to such project shall be reimbursed to the construction fund upon the receipt of the proceeds of bonds issued for such project.

No liability or obligation shall be incurred under the provisions of Sections 72-14-9 through 72-14-28 NMSA 1978 beyond the extent to which the money has been provided under the authority of those sections.

All public and private property damaged or h destroyed in carrying out the powers granted under those u » r sections shall be restored or repaired and placed in its t h g e l i original condition, as nearly as practicable, or adequate h r i s compensation made therefor out of funds provided by those h , e h t u g sections.

e b l e e , gh E.

The commission shall also have authority to pay n d d i = = o h the cost of such investigations and construction on any project l ] b ,d i a º r e r = from the New Mexico irrigation works construction fund when t e w d m a n o contracts in form satisfactory to it have been entered into d m :

b r e t º o t n = .223674.2AIC March 7, 2023 (4:03pm) s k m e - 5 - e a n e d r e l u [ A d whereby title to works have been mortgaged, deeded, assigned or transferred by the owner to the commission, and a program for reimbursement of all amounts expended, together with operation and maintenance charges, have been agreed upon;

provided that no construction contract shall be entered into without the prior approval of the state board of finance.