2021 New Mexico Statutes
Chapter 72 - Water Law
Article 14 - Interstate Stream Commission; Protection of Interstate Streams
Section 72-14-45 - New Mexico unit fund; purpose; appropriation.
A. The "New Mexico unit fund" is created in the state treasury. The fund shall consist of money distributed to the state pursuant to Paragraphs (2)(D)(I) and (ii) of Section 403(f) of the federal Colorado River Basin Project Act of 1968, as amended by Section 107(a) of the federal Arizona Water Settlements Act, Public Law 108-451, December 10, 2004; other money made available to the fund pursuant to Section 212 of the federal Arizona Water Settlements Act, Public Law 108-451, December 10, 2004; appropriations; grants; and donations or bequests to the fund.
B. Income from the fund shall be credited to the fund. Any unexpended or unencumbered balance remaining in the fund at the end of a fiscal year shall not revert to the general fund. Money in the fund shall not be transferred, other than through an intra-agency transfer, to any other fund.
C. Money in the fund shall be administered by the interstate stream commission and is appropriated to the interstate stream commission for expenditure in fiscal year 2012 and subsequent fiscal years to comply with the provisions of the federal laws cited in Subsection A of this section. Money in the fund shall be used to pay the costs of water utilization projects to meet water supply demands in the southwest water planning region of New Mexico that encompasses Catron, Grant, Hidalgo and Luna counties, as determined by the interstate stream commission in consultation with the water trust board, which shall be the successor to the southwest New Mexico water study group. Money in the fund shall not be used to evaluate, plan or construct the New Mexico unit. The water trust board shall evaluate projects, including their environmental impacts, proposed within the southwest water planning region of New Mexico and shall recommend projects to the interstate stream commission, which shall have final decision-making authority over which projects are funded. Money in the fund shall not be expended for any purpose other than the purpose provided in this section. The interstate stream commission may adopt rules it deems necessary to carry out the purpose of this section.
D. On or before November 15 of each year, the interstate stream commission shall report to the appropriate legislative interim committee dealing with water and natural resources and to the legislative finance committee on:
(1) the status of the New Mexico unit fund;
(2) the distribution of money from the New Mexico unit fund to implement the purpose of the fund pursuant to Subsection C of this section; and
(3) proposed uses and levels of funding projected for the following fiscal year.
E. Expenditures from the fund shall be made on warrants signed by the secretary of finance and administration pursuant to vouchers signed by the director of the interstate stream commission upon the delegation of authority by the interstate stream commission.
History: Laws 2011, ch. 99, § 1; 2021, ch. 64, § 1.
ANNOTATIONSThe 2021 amendment, effective June 18, 2021, directed the interstate stream commission to consult with the water trust board on funding water utilization projects in the southwest water planning region of New Mexico, disallowed the use of funds to evaluate, plan or construct the New Mexico unit, required the water trust board to evaluate projects proposed within the southwest water planning region of New Mexico and to recommend projects to the interstate stream commission, and provided that the interstate stream commission has final decision-making authority over which projects are funded; and in Subsection C, after "Subsection A of this section", deleted "Those provisions of federal law establish that the purpose of", after "southwest water planning region of New Mexico", added "that encompasses Catron, Grant, Hidalgo and Luna counties", after "in consultation with the", added "water trust board, which shall be the successor to the", and after "study group", deleted "or its successor, including costs associated with planning and environmental compliance activities and environmental mitigation and restoration" and added "Money in the fund shall not be used to evaluate, plan or construct the New Mexico unit. The water trust board shall evaluate projects, including their environmental impacts, proposed within the southwest water planning region of New Mexico and shall recommend projects to the interstate stream commission, which shall have final decision-making authority over which projects are funded.".
