A. The interstate stream commission is authorized to appropriate groundwater or purchase water rights on behalf of any of the various regions of the state.
B. Nothing in this section shall be construed as permitting the condemnation of water rights or as determining, abridging or affecting in any way the water rights of Indian tribes.
C. The interstate stream commission is authorized to make grants or loans of funds for the purpose of regional 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 time tables 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;
(6) adequate review of water conservation and the effect on the public welfare; and
(7) identification of sources other than the interstate stream commission for funding of the proposed regional planning process.
D. A water planning region eligible for funding under this section is an area within the state that contains sufficient hydrological and political interests in common to make water planning feasible. The state as a whole shall not 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 common by entering into a binding intergovernmental agreement for carrying out the planning process.
History: Laws 1987, ch. 182, ยง 2.
Structure New Mexico Statutes
Article 14 - Interstate Stream Commission; Protection of Interstate Streams
Section 72-14-1 - Interstate stream commission; creation; membership; organization.
Section 72-14-3.1 - State water plan; purpose; contents.
Section 72-14-3.2 - Water conservation plans; municipalities, counties and water suppliers.
Section 72-14-3.3 - Interstate stream commission; additional powers; strategic water reserve.
Section 72-14-4 - Budget and plan submitted to governor annually.
Section 72-14-5 - Annual expenditures made under budget and plan.
Section 72-14-6 - Appropriation; how disbursements are to be made.
Section 72-14-7 - [Governor authorized to protect water rights in interstate streams.]
Section 72-14-8 - [Governor may employ persons and fix their compensation.]
Section 72-14-9 - Definitions.
Section 72-14-10 - [Power to purchase, exchange and condemn property.]
Section 72-14-11 - Projects using revenue bond proceeds authorized.
Section 72-14-12 - [Power to cross watercourses and avenues of transportation.]
Section 72-14-13 - Water conservation revenue bonds authorized; extent of state obligation.
Section 72-14-14 - Revenues from bonds to be applied to cost of projects and associated expenses.
Section 72-14-15 - Funds established.
Section 72-14-16 - Bond proceeds to be appropriately credited.
Section 72-14-17 - Commission to set prices, rates or charges; contracts; disposition of property.
Section 72-14-20 - [Contracts and leases with agencies of United States authorized.]
Section 72-14-22 - Rights of bondholders; enforcement.
Section 72-14-24 - Purpose of act.
Section 72-14-24.1 - Acequia and community ditch infrastructure fund; created.
Section 72-14-25 - [Adjustment of plans and operations to facilitate federal aid to project.]
Section 72-14-27 - [Liberal construction of act.]
Section 72-14-29 - Loans from New Mexico irrigation works construction fund.
Section 72-14-30 - [Expenditure of funds for feasibility studies.]
Section 72-14-31 - [Loans to include sums for feasibility study.]
Section 72-14-32 - [Loans to supplement federal funds authorized.]
Section 72-14-33 - ["Project" defined.]
Section 72-14-34 - Budgets required.
Section 72-14-35 - [Exemption from Bateman Act.]
Section 72-14-36 - [Special water revenue bonds of interstate stream commission; purpose.]
Section 72-14-38 - Terms and conditions of bonds.
Section 72-14-40 - Sale of bonds.
Section 72-14-41 - Guarantee by severance tax funds.
Section 72-14-42 - Approval of issue.
Section 72-14-43 - Legislative findings; state appropriation of unappropriated water.
Section 72-14-45 - New Mexico unit fund; purpose; appropriation.