SB 438 — ACEQUIA & COMMUNITY DITCH INFRASTRUCTURE FUND

SENATE CONSERVATION COMMITTEE SUBSTITUTE FOR SENATE BILL 438 54TH LEGISLATURE - STATEOFNEWMEXICO- FIRST SESSION, 2019 Pursuant to House Rule 24-1, this document incorporates amendments that have been adopted prior to consideration of this measure by the House.

It is a tool to show the amendments in context and is not to be used for the purpose of amendments.

CREATING THE ACEQUIA AND COMMUNITY DITCH h INFRASTRUCTURE FUND TO BE ADMINISTERED BY THE INTERSTATE STREAM g o COMMISSION;

SFCº PROVIDING POWERS AND DUTIES AND REQUIREMENTS t hr g e i k FOR PROJECT FUNDING;»SFC MAKING AN ANNUAL TRANSFER FROM THE NEW h r i s MEXICO IRRIGATION WORKS CONSTRUCTION FUND;

MAKING AN h , t, APPROPRIATION.

e8 u g e b l e e h n d d i = = o h BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

l ] b ,d i a º e SECTION 1.

A new section of Chapter 72, Article 14 NMSA r i = r t e w d m a n o 1978 is enacted to read:

d"ACEQUIA mAND :COMMUNITY DITCH INFRASTRUCTURE FUND-- CREATED.-- A.

b e d s º o t n = .213358.1 s k m e e a n e d r e l u [ A d SCONC/SB 438 "[NEW MATERIAL] ACEQUIA AND COMMUNITY DITCH INFRASTRUCTURE FUND--CREATED.-- A.

The fund consists of money SFCºtransferred distributed»SFC SFCºtransferred»SFC from the New Mexico irrigation works construction fund and interest accruing to the fund.

SCONC/SB 438 B.

Money in the fund is appropriated to the Page 1 interstate stream commission to provide funding for SFCºthe :planning, engineering design or construction of irrigation works of acequias or community ditches, including dams, reservoirs, diversions, ditches, flumes or other appurtenances, for the purposes of restoration, repair, improvement of irrigation efficiency or protection from floods.

hC. (1) seventeen and one-half percent of the g o t hr total cost of work undertaken by the United States army corps g e i k of engineers pursuant to the federal Water Resources h r i s Development Act of 1986 to preserve and restore acequia or h , t, community ditch diversion structures and associated canals;

e u g e b l e e h provided that:

n d d i = = o h (a) an acequia or community ditch shall l ] b ,d i a º e provide seven and one-half percent of the total cost of the r i = r t e w d m a n o work from a source other than the New Mexico irrigation works d m :

b e d s º o t n = .213358.1 s k m e - 2 - e a n e d r e l u [ A d SCONC/SB 438 construction fund or the improvement of Rio Grande income fund;

and (b) no more than two hundred fifty thousand dollars ($250,000) shall be allocated from the fund to any one acequia or community ditch per fiscal year;

(2) the construction, restoration, repair and protection from floods of dams, reservoirs, ditches, diversions, flumes or appurtenances of acequia and community ditches;

provided that:

(a) no more than ninety percent of the project cost shall be provided from the fund and an acequia or community ditch shall provide ten percent of the project costs;

and (b) no more than two hundred thousand dollars ($200,000) shall be provided from the fund to any one acequia or community ditch per fiscal year;

(3) engineering services for approved acequia h or community ditch projects;

provided that no more than three u » r t h hundred thousand dollars ($300,000) shall be expended from the g e l i fund for this purpose per fiscal year;

h r i s (4) emergency repairs to acequia or community h , e h t u g ditch infrastructure;

provided that no more than two hundred e b l e e , gh fifty thousand dollars ($250,000) shall be expended from the n d d i = = o h fund for this purpose per fiscal year and no more than ten l ] b ,d i a º r e r = thousand dollars ($10,000) shall be provided to any one acequia t e w d m a n o d m :

b r e t º .213358.1 o t n = s k m e - 3 - e a n e d r e l u [ A d SCONC/SB 438 or community ditch for this purpose per fiscal year;

and (5) low-interest loans for engineering, design, construction or rehabilitation of acequia or community ditch projects.»SFC SFCºthe planning, engineering design or construction of irrigation works of acequias or community ditches, including dams, reservoirs, diversions, ditches, flumes or other appurtenances, for the purposes of restoration, repair, improvement of irrigation efficiency or protection from floods.»SFC C.

(2) prioritize the provision of funding based h on project readiness;

g o t hr (3) review acequia or community ditch plans g e i k and specifications and inspect completed projects;

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

n d d i = = o h D.

As used in this section, "fund" means the l ] b ,d i a º e acequia and community ditch infrastructure fund." r i = r t e w d m a n o SECTION 2.

Section 72-14-23 NMSA 1978 (being Laws 1955, dChapter m266, :Section 15, as amended) is amended to read:

b e d s º o t n = .213358.1 s k m e - 4 - e a n e d r e l u [ A d SCONC/SB 438 Chapter 266, Section 15, as amended) is amended to read:

NEW MEXICO IRRIGATION WORKS CONSTRUCTION FUND CREATED--LIMITATION OF LIABILITY UNDER ACT--REPARATION SCONC/SB 438 Page 2 OF DAMAGES CAUSED IN CARRYING OUT POWERS GRANTED--AUTHORITY OF COMMISSION TO RECEIVE CONTRIBUTIONS.-- A.

There is [(hereby)] 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 [75-34-19 New Mexico Statutes Annotated, Compilation, (being Laws 1955, Chapter 266, Section 11)] 72-14-19 NMSA 1978 and all other [moneys which] money that may be appropriated by the [state ] legislature to [said] the construction fund.

[Such] The fund shall be a continuing fund and shall not revert to the general fund [of the state ] or to any other fundfund. [of the state at the end of any biennium ].

Annually, two million five hundred thousand h dollars ($2,500,000) shall be transferred from the New Mexico g o t hr irrigation works construction fund to the acequia and community g e i k ditch infrastructure fund.

h r i s C.