New Mexico 2026 Regular Session Status: Enacted Bipartisan · 1 D · 1 R cosponsors

HB 108 — WATERSHED DISTRICT TAXES AND DIRECTORS

Last action — Signed

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 16, 2026. Enacted.

Signed by Governor Michelle Lujan Grisham (Democratic) on March 05, 2026.

Odds of enactment

High chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.

Upgrade to see the exact probability and what's driving it.

A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Likely to advance 70% · moderate confidence
  • Enacted

    Current position in the legislative process.

  • 2 sponsors

    2 primary, 0 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (1 D · 1 R) — cross-party backing.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Bill Text

What changed in the latest version

258 added · 452 removed

Plain-language change summary

The updated version of Bill HB 108 now includes a requirement for soil and water conservation districts to collect taxes if requested by a watershed district within their boundaries. Additionally, the definitions of key terms related to the governance structure have been clarified, and the procedures for appointing directors to the watershed district's board have been specified. These changes are significant because they streamline the funding process for watershed districts and enhance governance transparency, which can help improve local environmental management efforts.

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HOUSE BILL 108 57TH LEGISLATURE - STATEOFNEWMEXICO- SECOND SESSION , 2026 INTRODUCED BY Rebecca Dow and Susan K.
AN ACT RELATING TO SPECIAL DISTRICTS;
Herrera 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.
REQUIRING A SOIL AND WATER CONSERVATION DISTRICT TO LEVY TAXES UPON REQUEST OF A WATERSHED DISTRICT WITHIN THE SOIL AND WATER CONSERVATION 5 DISTRICT'S BOUNDARIES;
The document is a tool to show amendments in context and cannot be used for the purpose of adding amendments to legislation.
h AN ACT g o RELATING TO SPECIAL DISTRICTS;
REQUIRING A SOIL AND WATER t hr g e i k CONSERVATION DISTRICT TO LEVY TAXES UPON REQUEST OF A WATERSHED h r i s DISTRICT WITHIN THE SOIL AND WATER CONSERVATION DISTRICT'S h , t, BOUNDARIES;
CLARIFYING THE PROCEDURE e u g e b l e e h FOR APPOINTING DIRECTORS OF A WATERSHED DISTRICT'S BOARD OF n d d i = = o h DIRECTORS.
CLARIFYING THE PROCEDURE FOR APPOINTING DIRECTORS OF A WATERSHED DISTRICT'S BOARD OF DIRECTORS.
l ] b ,d i a º e r i = r t e w d m a n o BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
d m :
SECTION 1.
b e d s º o t n = .232192.3AIC January 29, 2026 (5:43pm) s k m e e a n e d r e l u [ A d SECTION 1.
"directors" or "board of directors" means the directors of [the] a watershed [districts] district;
"directors" or "board of directors" means the directors of a watershed district;
and [B.
and B.
"minority jurisdiction district" means a soil and water conservation district that has within its jurisdiction a minority of the land in a watershed district;
"supervisors" or "board of supervisors" means the supervisors of a soil and water conservation district in which the watershed district is located." SECTION 2.
and C.] B.
"supervisors" or "board of supervisors" means the supervisors of a soil and water conservation [districts ] district in which the watershed district is located." SECTION 2.
DIRECTORS--APPOINTMENT.-- h g A.
DIRECTORS--APPOINTMENT.-- A.
A watershed district shall be governed by a o t hr board of directors appointed by the board of supervisors for g e i k the soil and water conservation district in which the watershed h r i s h district is located.
A watershed district shall be governed by a board of directors appointed by the board of supervisors for the soil and water conservation district in which the watershed district is located.
Except as provided in Subsection C of , t, e u g this section, a board of directors shall consist of five e b l e e h directors [provided that, when available, one director shall be n d d i = = o h a current or former elected director of the watershed l ] b ,d i a º e r i = r district].
Except as provided in HB 108/a Page 1 Subsection C of this section, a board of directors shall consist of five directors.
t e w d m a n o B.
B.
When appointing the initial directors for a d m :
When appointing the initial directors for a watershed district, the board of supervisors shall appoint 5 two members to serve terms of two years and three members to serve terms of four years.
b e d s º o t n = .232192.3AIC January 29, 2026 (5:43pm) s k m e - 2 - e a n e d r e l u [ A d watershed district, [a] the board of supervisors shall appoint two members to serve terms of two years and three members to serve terms of four years.
Thereafter, new members appointed to the watershed district board shall be for terms of four years.
Thereafter, new [appointments ] members appointed to the watershed district board shall be for terms of four years.
If the territory embraced within a watershed district lies within more than one soil and water conservation district, each [minority jurisdiction district shall be entitled to appoint three additional directors] soil and water conservation district having a minority of the land in the watershed district shall be entitled to appoint three additional directors.
If the territory embraced within a watershed district lies within more than one soil and water conservation district, each soil and water conservation district having a minority of the land in the watershed district shall be entitled to appoint three additional directors.
When appointing the additional directors, [a ] the board of supervisors shall appoint one director to serve a term of two years and two directors to h serve terms of four years.
When appointing the additional directors, the board of supervisors shall appoint one director to serve a term of two years and two directors to serve terms of four years.
Thereafter, [new directors ] each g o t hr director shall be appointed for [terms] a term of four years.
Thereafter, each director shall be appointed for a term of four years.
g e i k [All] Vacancies shall be filled by appointment by the [minority h r i s jurisdiction districts] original appointing entity for the h , t, remainder of an unexpired term.
Vacancies shall be filled by appointment by the original appointing entity for the remainder of an unexpired term.
e u g e b l e e h D.
D.
The board of directors shall annually elect from n d d i = = o h its membership a chair, secretary and treasurer.
The board of directors shall annually elect from its membership a chair, secretary and treasurer.
The treasurer l ] b ,d i a º e shall execute an official bond for the faithful performance of r i = r t e w d m a n o the duties of office to be approved by the board of directors.
The treasurer shall execute an official bond for the faithful HB 108/a Page 2 performance of the duties of office to be approved by the board of directors.
d m :
The bond shall be executed with at least three solvent personal sureties whose solvency shall exceed the amount of the bond, or by a surety company authorized to 5 do business in this state, and shall be in an amount determined by the board of directors.
b e d s º o t n = .232192.3AIC January 29, 2026 (5:43pm) s k m e - 3 - e a n e d r e l u [ A d The bond shall be executed with at least three solvent personal sureties whose solvency shall exceed the amount of the bond, or by a surety company authorized to do business in this state, and shall be in an amount determined by the board of directors.
h A.
A.
request the board of supervisors to levy an u » r annual assessment on the real property within the watershed t h g e l i district, [within the limitations] subject to the requirements h r i s provided in Subsection A of Section 73-20-17 NMSA 1978, for h , e h administration, construction, operation and maintenance of t u g e b l e e , gh works of improvement within and without the district as are n d d i = = o h required by the district in the performance of its functions;
request the board of supervisors to levy an annual assessment on the real property within the watershed district, subject to the requirements provided in Subsection A of Section 73-20-17 NMSA 1978, for administration, construction, operation and maintenance of works of improvement within and without the district as are required by the district in the performance of its functions;
l ] b ,d i a º r B.
B.
acquire by purchase, gift, grant, bequest, e r = t e w d m a n o devise or through condemnation proceedings in the manner d m :
acquire by purchase, gift, grant, bequest, HB 108/a Page 3 devise or through condemnation proceedings in the manner provided in the Eminent Domain Code property or rights of way necessary for the exercise of any authorized function of the district;
b r e t º o t n = .232192.3AIC January 29, 2026 (5:43pm) s k m e - 4 - e a n e d r e l u [ A d provided in the Eminent Domain Code property or rights of way necessary for the exercise of any authorized function of the district;
provided that no property or water rights shall be 5 condemned for the purposes of recreation;
provided that no property or water rights shall be condemned for the purposes of recreation;
and h E.
and E.
receive and grant assistance and cooperate with u » r counties, municipalities and state and federal agencies in t h g e l i carrying out the provisions of the Watershed District Act." h r i s SECTION 4.
receive and grant assistance and cooperate with counties, municipalities and state and federal agencies in carrying out the provisions of the Watershed District Act." SECTION 4.
Section 73-20-15 NMSA 1978 (being Laws 1961, h , e h Chapter 233, Section 3, as amended) is amended to read:
Section 73-20-15 NMSA 1978 (being Laws 1961, Chapter 233, Section 3, as amended) is amended to read:
t u g e b l e e , gh "73-20-15.
"73-20-15.
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LOANS--REPAYMENTS.-- n d d i = = o h A.
LOANS--REPAYMENTS.-- A.
In addition to the borrowing of money by the l ] b ,d i a º r issuance of bonds for the purposes set out in Section 73-20-13 e r = t e w d m a n o NMSA 1978, the district may borrow money from the United States d m :
In addition to the borrowing of money by the issuance of bonds for the purposes set out in Section HB 108/a Page 4 73-20-13 NMSA 1978, the district may borrow money from the United States department of agriculture or any other federal agency if the loan can be repaid according to its terms by use of the levy authorized by Subsection A of Section 5 73-20-17 NMSA 1978 and the board of supervisors has so determined.
b r e t º o t n = .232192.3AIC January 29, 2026 (5:43pm) s k m e - 5 - e a n e d r e l u [ A d department of agriculture or any other federal agency if the loan can be repaid according to its terms by use of the levy authorized by Subsection A of Section 73-20-17 NMSA 1978 and the board of supervisors has so determined.
The district may also borrow money from the United States department of agriculture or any other federal agency [and levy an assessment not to exceed five dollars ($5.00) on each one thousand dollars ($1,000) of net taxable value, as that term is defined in the Property Tax Code, of property subject to taxation by the district, in addition to others authorized by the Watershed District Act, to repay the loan if the board of directors determines the rate of the levy required and:
The district may also borrow money from the United States department of agriculture or any other federal agency if the loan can be repaid according to its terms by use of the levy authorized by Subsection B of Section 73-20-17 NMSA 1978." SECTION 5.
(1) secures the approval of the board of supervisors;
(2) a referendum on the acceptance of the loan h for specified purposes is held;
u » r (3) two-thirds of the landowners voting favor t h g e l i the proposal;
and h r i s (4) the procedures of Sections 73-20-8 through h , e h 73-20-11 NMSA 1978 as to notice, qualifications of voters and t u g e b l e e , gh manner of holding referendum election are followed in the n d d i = = o h referendum held under this section] if the loan can be repaid l ] b ,d i a º r according to its terms by use of the levy authorized by e r = t e w d m a n o Subsection B of Section 73-20-17 NMSA 1978." d m :
b r e t º o t n = .232192.3AIC January 29, 2026 (5:43pm) s k m e - 6 - e a n e d r e l u [ A d SECTION 5.
After approval of the budget [by the board of supervisors ], the board of [directors] supervisors shall, by order or resolution, levy an assessment sufficient to meet the budget, not to exceed five dollars ($5.00), or any lower maximum amount required by operation of the rate limitation provisions of Section 7-37-7.1 NMSA 1978 upon the assessment authorized by this section, on each one thousand dollars ($1,000) of net taxable value, as that term is defined in the Property Tax Code, of all real property subject h to taxation within the district, except that the limit on u » r assessments does not apply to any levy necessary to provide a t h g e l i sinking fund for retirement of bonds authorized by Section h r i s 73-20-13 NMSA 1978.
After approval of the budget, the board of supervisors shall, by order or resolution, levy an assessment sufficient to meet the budget, not to exceed five dollars ($5.00), or any lower maximum amount required by operation of the rate limitation provisions of Section 7-37-7.1 NMSA 1978 upon the assessment authorized by this section, on each one thousand dollars HB 108/a Page 5 ($1,000) of net taxable value, as that term is defined in the Property Tax Code, of all real property subject to taxation within the district, except that the limit on assessments does not apply to any levy necessary to provide a sinking 5 fund for retirement of bonds authorized by Section 73-20-13 NMSA 1978.
If a watershed district lies within more h , e h than one soil and water conservation district, the board of t u g e b l e e , gh supervisors in each soil and water conservation district shall n d d i = = o h approve of the budget submitted by the watershed district l ] b ,d i a º r before an assessment may be levied pursuant to this subsection.
If a watershed district lies within more than one soil and water conservation district, the board of supervisors in each soil and water conservation district shall approve of the budget submitted by the watershed district before an assessment may be levied pursuant to this subsection.
e r = t e w d m a n o A copy of the budget and order or resolution shall be certified d m :
A copy of the budget and order or resolution shall be certified to the county assessor of the county or counties involved and to the department of finance and administration by July 15 of each year.
b r e t º o t n = .232192.3AIC January 29, 2026 (5:43pm) s k m e - 7 - e a n e d r e l u [ A d to the county assessor of the county or counties involved and to the department of finance and administration by July 15 of each year.
(1) a referendum on the acceptance of the loan for specified purposes is held by the board of supervisors;
(1) a referendum on the acceptance of the loan for specified purposes is held by the board of HB 108/a Page 6 supervisors;
and (3) the procedures of HAAWCºSections 73-20-8 h through 73-20-11 NMSA 1978 as to notice, qualifications of u » r voters and manner of holding a referendum election are followed t h g e l i in the referendum held pursuant to this subsection»HAAWC h r i s HAAWCºthe Local Election Act or the Special Election Act as h , e h well as local government ballot question election provisions in t u g e b l e e , gh the Election Code are followed as to notice, qualifications of n d d i = = o h voters and manner of holding a tax authorization election are l ] b ,d i a º r followed in the referendum held pursuant to this e r = t e w d m a n o subsection»HAAWC ." d m :
and (3) the procedures of the Local Election Act 5 or the Special Election Act as well as local government ballot question election provisions in the Election Code are followed as to notice, qualifications of voters and manner of holding a tax authorization election are followed in the referendum held pursuant to this subsection." SECTION 6.
b r e t º o t n = .232192.3AIC January 29, 2026 (5:43pm) s k m e - 8 - e a n e d r e l u [ A d SECTION 6.
The county assessor shall compute the assessment due the district from each landowner in accordance with the rate fixed by the board of [directors ] supervisors and the value of the real property indicated on the tax roll.
The county assessor shall compute the assessment due the district from each landowner in accordance with the rate fixed by the board of supervisors and the value of the real property indicated on the tax roll.
The computation shall be made on the regular tax bills in the manner as may be directed by regulation of the property tax division of the taxation and revenue department." h SECTION 7.
The computation shall be made on the regular tax bills in the manner as may be directed by regulation of the property tax division of the taxation and revenue department." HB 108/a Page 7 SECTION 7.
Section 73-20-20 NMSA 1978 (being Laws 1957, g o t hr Chapter 210, Section 19, as amended) is amended to read:
Section 73-20-20 NMSA 1978 (being Laws 1957, Chapter 210, Section 19, as amended) is amended to read:
g e i k "73-20-20.
"73-20-20.
EXPENDITURES.--Assessment funds collected h r i s shall be transferred to and held by the treasurer of the h , t, watershed district for the specific purpose for which they have e u g e b l e e h been collected.
EXPENDITURES.--Assessment funds collected shall be transferred to and held by the treasurer of the watershed district for the specific purpose for which they have been collected.
All expenditures of such funds shall be made n d d i = = o h by the board of directors upon order and approval of the [board l ] b ,d i a º e approved by the] board of supervisors of the soil and water r i = r t e w d m a n o conservation district [or districts ] involved." d m :
All expenditures of such funds shall be made by the board of directors upon order and approval of the board of supervisors of the soil and water conservation district involved." SECTION 8.
b e d s º o t n = .232192.3AIC January 29, 2026 (5:43pm) s k m e - 9 - e a n e d r e l u [ A d SECTION 8.
borrow money and otherwise contract indebtedness for the purposes of the district and, without limitation of the generality of the foregoing, borrow money and accept grants from the United States or from a corporation or agency created or designated by the United States and, in connection with any such loan or grant, enter into agreements as the United States or the corporation or agency may require;
borrow money and otherwise contract indebtedness for the purposes of the district and, without limitation of the generality of the foregoing, borrow money and accept grants from the United States or from a corporation or agency created or designated by the United States and, in connection with any such loan or grant, enter into agreements as the United States or the corporation or HB 108/a Page 8 agency may require;
and issue its notes h or obligations therefor and secure the payment thereof by g o t hr mortgage, pledge or deed of trust of all or any of its g e i k property, assets, rights, privileges, licenses, rights of way, h r i s easements, revenues or income;
and issue its notes or obligations therefor and secure the payment thereof by mortgage, pledge or deed of trust of all or any of its property, assets, rights, privileges, licenses, rights of way, easements, 5 revenues or income;
h , t, E.
E.
option, as optionee and optioner, and acquire, e u g e b l e e h in any manner, real and personal property or any right or n d d i = = o h interest in it;
option, as optionee and optioner, and acquire, in any manner, real and personal property or any right or interest in it;
l ] b ,d i a º e F.
F.
improve, rent, lease and sell district property r i = r t e w d m a n o or any interest in it;
improve, rent, lease and sell district property or any interest in it;
d m :
G.
b e d s º o t n = .232192.3AIC January 29, 2026 (5:43pm) s k m e - 10 - e a n e d r e l u [ A d G.
[and ] H.
H.
levy a tax upon request of a watershed district pursuant to the provisions of Section 73-20-17 NMSA 1978." - 11 - » g o » r h t i k l i g t h s , e h t l i w l b l e e , gh n d l h = = b , a l º d i a r e r = , a t e d m a n o d m :
levy a tax upon request of a watershed district pursuant to the provisions of Section 73-20-17 NMSA 1978." HB 108/a Page 9 25
b r e t º o t n = .232192.3AIC January 29, 2026 (5:43pm) s k m e e a n e d r e l u [ A d
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Action History

  1. Signed

  2. passed Senate

  3. DO PASS committee report adopted

  4. Sent to Senate Tax, Business and Transportation Committee

  5. passed House

  6. DO PASS committee report adopted

  7. DO PASS, as amended, committee report adopted

  8. Sent to House Agriculture, Acequias & Water Resources Committee & House Taxation & Revenue Committee

  9. withdrawn printed germane prefile

  10. not printed House Rules and Order of Business Committee

  11. Sent to House Pre-file

Sponsors

Sponsorship breakdown

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2 sponsors · 0 co-sponsors · 110 not signed on

Sponsors (2)

Co-sponsors (0)

None.

Not signed on (110)

110 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Frequently asked questions

Who sponsors HB 108?
HB 108 is sponsored by Susan K. Herrera (Democrat) and Rebecca Dow (Republican).
What is the current status of HB 108?
This bill has been enacted into law. Introduced January 16, 2026. Enacted.
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