SB 337 — WATER SECURITY PLANNING ACT

g o (a) approved regional water security t hr h te plans with prioritized projectsprojects, Hfl1 and activities Hfl1 i k h r i s Hfl1 , programs and policies Hfl1 for state funding;

h , t, (b) outcomes of regional water security e u g e b l plan implementation;

and eSCONC/SB e337 hPage n4 d d ig = = o h (c) the status of regional water l ] b ,d i a e planning expenditures;

and r i = r t e w d (9) support regional water planning entities mby: a n o d m :

b(a) eproviding dtechnical sand olocal tcapacity ndevelopment =support, .225473.1AICincluding Marchcommission 22,staff 2023and (12:13pm)funding; s k m e - 5 - e a n e d r e l u [ A d SCONC/SB 337 by:

(a)(b) providing technicalstatewide andobjectives localfor capacityregional developmentwater support,security plan development, including Hfl1compliance locallywith basedinterstate Hfl1compacts, commissionthe stafffederal Endangered Species Act of 1973 and funding;congressionally authorized tribal water settlement acts;

(b)(c) providingsupporting statewidethe objectivesdevelopment of a proposal for regionalalternative wateradministration securitythrough planactive development,water includingresources compliancemanagement, withif interstateprioritized compacts,by the federalregion, Endangeredthat Speciesmay Actbe ofsubmitted to the state engineer and congressionallyaffected authorizedIndian tribalnations, watertribes settlementand acts;pueblos for approval;

(c)and supporting(d) theidentifying developmentfunding ofsources aand proposalsupporting for alternative administration through active water resources management Hfl1 , if prioritized by the region,acquisition Hfl1of thatfunds mayfor beimplementation submittedof toapproved theregional statewater engineersecurity andplans. affected Indian nations, tribes and pueblos for approval;

andSECTION (d)5. identifying funding sources and supporting the acquisition of funds for implementation of h approved regional water security plans.

gREGIONAL oWATER tPLANNING hrENTITIES.-- SECTIONA. Hfl1 4.

Hfl1An Hfl1entity 5.shall not be made a part of a proposal for planning funds under this section without that entity's consent.

Hfl1B. [NEW MATERIAL] h te i k REGIONAL WATER PLANNING ENTITIES.-- h r i s A.

AnThe entityoutcomes shallsought notby beeach maderegional awater partSCONC/SB of337 aPage proposal5 h , t, e u g for planning fundsentity undershall: this section without that entity's e b l e e h consent.

n(1) dbe destablished igthrough =broad =public oinput; h B.

The(2) outcomesconsider soughtpublic bywelfare eachvalues, regionalbalancing water luses ]and bthe ,dneeds iof afuture egenerations rof iNew =Mexicans; r planning entity shall:

t e w d m a n o (1) be established through broad public input;

d m :

b e d s o t n = .225473.1AIC March 22, 2023 (12:13pm) s k m e - 6 - e a n e d r e l u [ A d SCONC/SB 337 (2) Hfl1 seek to equitably balance water uses Hfl1 Hfl1 consider public welfare values, balancing water uses and the needs of future generations of New Mexicans Hfl1 ;

Hfl1 (4) considerbe environmental,developed noneconomicusing values and the needsbest ofavailable futurescience; generations of New Mexicans;

Hfl1 Hfl1 (5) Hfl1recognize Hfl1and (4)respect Hfl1federally berecognized developedor usingreserved thetribal bestwater availablerights; science;

Hfl1 (6) Hfl1consider Hfl1access (5)to Hfl1water recognizefor anddomestic respectuse; federally recognized or reserved tribal water rights;

Hfl1and (7) Hfl1comply Hfl1with (6)applicable Hfl1federal Hfl1 provide for equitable Hfl1 Hfl1 consider Hfl1 access to water forlaw. domestic use;

andC. Hfl1 (8) Hfl1 Hfl1 (7) Hfl1 comply with h applicable federal water law.

g o C.

t hr h te i k (1) be composed of regional stakeholders h r i s Hfl1 as identified in the entity's guidelinesguidelines; Hfl1 ;

h , t, (2) ensure opportunities for participation by e u g e b l e e h Indian nations, tribes or pueblos located within the water n d d ig = = o h planning region;

l ] b ,d i a e (3) obtain public input in the development, r i = r t e w d vetting and prioritization of regional water planning mactivities aand nproposals; o d m :

b(4) eassist din sthe ofunding, tdevelopment nand =SCONC/SB .225473.1AIC337 MarchPage 22,6 2023incorporation (12:13pm)of splans kfor mrural ecommunities; - 7 - e a n e d r e l u [ A d SCONC/SB 337 activities and proposals;

(4) assist in the funding, development and incorporation of plans for Hfl1 at-risk Hfl1 Hfl1 rural Hfl1 communities;

SECTION Hfl16. 5.

Hfl1Section Hfl172-14-44 6.NMSA 1978 (being Laws 1987, Chapter 182, Section 2) is amended to read:

Hfl1 Section 72-14-44 NMSA (being Laws 1987, Chapter 182, Section 2) is amended to read:

INTERSTATE STREAM COMMISSION--GROUNDWATER APPROPRIATION--WATER RIGHTS PURCHASEPURCHASE.-- Hfl1 --WATER PLANNING FUNDING Hfl1 .-- h A.

The interstate stream commission is authorized g o t hr to appropriate groundwater or purchase water rights on behalf h te i k of any of the various regions of the state.

h r i s B.

Nothing in this section shall be construed as h , t, e u g permitting the condemnation of water rights or as determining, e b l e e h abridging or affecting in any way the water rights of Indian n d d ig = = o h nations, tribes or pueblos.pueblos".

lSCONC/SB ]337 bPage ,d7 i25 a e r i = r [C.

The interstate stream commission is authorized t e w d m a n o to make grants or loans of funds for the purpose of regional d m :

b e d s o t n = .225473.1AIC March 22, 2023 (12:13pm) s k m e - 8 - e a n e d r e l u [ A d SCONC/SB 337 water planning.

Prior to approval of any proposal by a region for planning funds under this section, the commission shall develop criteria for evaluating such proposals.

These criteria at a minimum shall provide for:

(1) identification of the region requesting planning funds and why it is hydrologically and politically an appropriate applicant;

(2) use of an appropriate planning process, including opportunities for participation by those Indian tribes located within the various regions of the state;

(3) reasonable proposed costs and timetables for completion of the planning process;

(4) appropriate provisions for notice, review and comment where applicable;

(5) adequate review of potential conflict with laws relating to impact on existing water rights;

h (6) adequate review of water conservation and g o the effect on the public welfare;

and t hr h te (7) identification of sources other than the i k h r i s interstate stream commission for funding of the proposed h , t, regional planning process.

e u g e b l D.

A water planning region eligible for funding e e h n d d ig = = o h under this section is an area within the state that contains l ] b ,d i a e sufficient hydrological and political interests in common to r i = r t e w d make water planning feasible.

The state as a whole shall not m a n o d m :

b e d s o t n = .225473.1AIC March 22, 2023 (12:13pm) s k m e - 9 - e a n e d r e l u [ A d SCONC/SB 337 be considered a water planning region for purposes of this section.

E.

No entity shall be made a part of a proposal for planning funds under this section without its consent.

F.

No funds shall be granted under this act to any party or parties that are not within a water planning region.

Whether a proposal for funding falls within a water planning region shall be determined on a case-by-case basis by the interstate stream commission after consultation with the state engineer and consideration of the following:

(1) whether the source of water and the potential place of use of the water are located within the same hydrologic basin;

and (2) if there is more than one party and the parties are requesting funds on a joint basis, whether the parties have demonstrated political and economic interests in h common by entering into a binding intergovernmental agreement u r for carrying out the planning process.]" t h g te l i - 10 - h r i s h , e h t u g e b l e e , g n d d i = = o h l ] b ,d i a r e r = t e w d m a n o d m :

b r e t o t n = .225473.1AIC March 22, 2023 (12:13pm) s k m e e a n e d r e l u [ A d