HB 187 — WATER LAW EVALUATION AND REVIEW

HOUSE BILL 187 5454TH THLEGISLATURE LEGISLATURE- STATE OF NEW MEXICO - STATEOFNEWMEXICO- FIRST SESSIO,SESSION, 2019 INTRODUCED BY Tomás E.

Salazar 6Pursuant 8to 10House ANRule ACT24-1, RELATINGthis TOdocument WATER;incorporates amendments that have been adopted prior to consideration of this measure by the House.

TASKINGIt THEis UTTONa TRANSBOUNDARYtool RESOURCESto CENTERshow WITHthe EVALUATINGamendments ANDin MAKINGcontext RECOMMENDATIONSand TOis AMENDnot NEWto MEXICO'Sbe WATERused LAWS;for the purpose of amendments.

AN ACT RELATING TO WATER;

TASKING THE UTTON TRANSBOUNDARY RESOURCES h CENTER WITH EVALUATING AND MAKING RECOMMENDATIONS TO AMEND NEW g o MEXICO'S WATER LAWS;

15t hr g e i k h r i s BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

h , t, SECTION 1.

TEMPORARY PROVISION--WATER LAW STUDY--UTTON e tu 17g e b l e e h TRANSBOUNDARY RESOURCES CENTER--WATER REVIEW PANEL--DUTIES.-- w l n d 18d i = = o h A.

The Utton transboundary resources center at the =l =] 19b ,d i a º e university of New Mexico shall evaluate and recommend ar l i a= r t e rw 20d m a n o amendments, if any, to New Mexico's water laws with regard to ad t m m: 21 the following questions:

b e d rs eº 22o (1)t hown could= New.211003.1 Mexico'ss existingk waterm lawse ce a n e sd kr 23e bel amendedu to:[ A d the following questions:

e(1) ahow ncould bNew 24Mexico's (a)existing reformwater adjudicationlaws processes;be amended to:

u(a) [reform (b)adjudication protectprocesses; water supplies for use by .211003.1 future generations;

(b) protect water supplies for use by future generations;

(2) should the state create within the executive branch a department of water resources with the authority to oversee both the office of the state engineer as the technical state water rights and water use regulator and administrator, and the interstate stream commission as the h water resource planning, compact compliance and water resources u » r management agency;

t h g e l i (3) how should the state organize and h r i s streamline its water-related infrastructure capital assistance h , e h programs and agencies;

t u g e b l e 17e , gh (4) what actions should be taken for the state e e n d 18d i = = o h to request and receive federal assistance to address the = = l ] 19b ,d i a º r state's water resource management problems and issues, ae l r i= 20t e w d m a n o including climate change and aridification;

and td e a t (5) what types or sources of revenue, m m: 21 e d r e 22 including user fees, could be used to ensure that sufficient c e r c 23 and sustainable funding is available for the measurement, e a n b 24 monitoring, modeling, planning and administration of New u [ Mexico's water resources.

b r e t º o t n = .211003.1 s k m e - 2 - B.e a n e d r e l u [ A d (5) what types or sources of revenue, including user fees, could be used to ensure that sufficient and sustainable funding is available for the measurement, monitoring, modeling, planning and administration of New Mexico's water resources.

TheB. center shall procure and manage the services of recognized experts in western states' water law and governance to jointly evaluate and recommend specific amendments, if any, to New Mexico's water laws regarding the questions listed in Subsection A of this section.

The center shall procure and manage the services of HJCºa diverse set of»HJC recognized experts in western states' water law and governance to jointly evaluate and recommend specific amendments, if any, to New Mexico's water laws regarding the questions listed in Subsection A of this section.

The center shall appoint HJCºa diverse set of»HJC members of a "water law review panel" to advise the h g center in the evaluation undertaken pursuant to Subsection A of o t hr this section and to review the center's recommended water law g e i k h r amendments.

HJCºAll persons having experience and i s h expertise in the topics under evaluation shall be eligible , t, e u g e b l to be selected by the center to be members of the water e e h n d d i law review panel.»HJC Members of the panel may suggest = = o h l ] b ,d i a º e additional topics to the center for evaluation, and the center r i = r t e w d shall give full consideration to the water law review panel's commentsm ona then recommendations.o d m :

Membersb ofe thed panels areº entitledo tot receiven per= diem.211003.1 ands k m e - 3 - e 17a mileagen pursuante tod ther Pere Dieml andu Mileage[ Act.A d comments on the recommendations.

eMembers eof nthe dpanel 18are D.entitled to receive per diem and mileage pursuant to the Per Diem and Mileage Act.

ByD. September 30, 2020, the center shall transmit = = l ] 19 a detailed report of its evaluation and water law amendment a l r i 20 recommendations to the legislative council service for t e a t distribution to the appropriate interim committees.

TheBy mSeptember m30, 212020, ethe dcenter r e 22 appropriate interim committees shall reviewtransmit thea center'sdetailed creport eof rits cevaluation 23 findings and considerwater thelaw needamendment forrecommendations to the specific,legislative recommendedcouncil eservice afor ndistribution b 24 amendments to statethe waterappropriate law.interim committees.

uThe [appropriate E.interim committees shall review the center's findings and consider the need for the specific, recommended amendments to state water law.

ForHJCºE. the purposes of this section, "center" means .211003.1 - 3 - the Utton transboundary resources center at the university of New Mexico.

SECTIONBy 2.September 30, 2021, the center shall transmit to the legislative council service for distribution to the appropriate interim committees a second detailed report of its evaluation and water law amendment recommendations that specifically address any water law issues that were not resolved in the 2021 h g o legislative session.

APPROPRIATION.--OneThe millionappropriate fiveinterim hundredcommittees thousandt dollarshr ($1,500,000)g ise appropriatedshall fromreview the generalcenter's fundfindings toand theconsider board of regents of the universityneed ofi Newk Mexicoh forr expenditurei ins fiscal years 2020 and 2021 for the Uttonspecific, transboundaryrecommended resourcesamendments center to undertakestate anwater evaluationh of, Newt, Mexicolaw.»HJC watere lawu pursuantg toe Sectionb 1l ofe thise act.h HJCºE.

AnyF.»HJC unexpendedFor orthe unencumberedpurposes balanceof remainingthis section, n d d i = = o h "center" means the Utton transboundary resources center at the endl of] fiscalb year,d 2021i shalla revertº toe ther generali fund.= r university of New Mexico.

-t 4 - 13 15 e ew 17 e e n d 18 = = l ] 19 a l r i 20 t e a t m m 21 e d r e 22 c e r c 23 e a n bo 24SECTION u2. [ .211003.1

APPROPRIATION.--One million five hundred d m :

b e d s º o t n = .211003.1 s k m e - 4 - e a n e d r e l u [ A d thousand dollars ($1,500,000) is appropriated from the general fund to the board of regents of the university of New Mexico for expenditure in fiscal years 2020 HJCº and 2021»HJC HJCºthrough 2022»HJC for the Utton transboundary resources center to undertake an evaluation of New Mexico water law pursuant to Section 1 of this act.

Any unexpended or unencumbered balance remaining at the end of fiscal year HJCº 2021»HJC HJCº2022»HJC shall revert to the general fund.

- 5 - » 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 :

b r e t º o t n = .211003.1 s k m e e a n e d r e l u [ A d