New Mexico Acequia Association

Please see the flyer (PDF)  for the De la Tierra a la Cosecha forum “Connecting Meat Producers to the Community Food System,” February 26 and 27 at the TCEDC Business Park in Taos. Sponsored by the Taos County Economic Development Corporation, Taos Land Trust, Taos Valley Acequia Association, and USDA Risk Management Agency.

http://www.lasacequias.org/wp/wp-content/uploads/2010/02/Connecting-Meat-Producers-to-the-Community-Food-System.pdf

Governor Richardson has announced that acequias may complete a form requesting an exemption from the funding freeze.  This form is due at the Governor’s office by 5pm, November 30th.

Form Requesting Extension

NMAA Letter to Governor Richardson

The State Legislature is meeting in special session to address a shortfall in the budget for the fiscal year 2010 (July 1, 2009 through June 30, 2010).  The shortfall is estimated to be around $650 million and will likely be addressed primarily with cuts in the budget (See SF New Mexican article).

The House passed HB 17 which cuts spending by state agencies with the executive agencies headed by the Governor getting the biggest cut of around 8 percent.  SB 29 reauthorizes several capital outlay projects (including acequias) from general funds to severance tax bonds.  Other budget cutting measures still pending include measures to cut funds from capital projects that were funded but have not yet started.  These cuts will likely affect acequias.

The Army Corp 1113 Acequia Program will be funded at $2.4 million for the 2010 fiscal year in a bill (click here for Bingaman’s press  release) that recently passed out of Senate-House conference committee.  The 1113 Program is part of a federal-state partnership in which acequia construction projects are funded with 75% federal, 17.5% state, and 7.5% local cost share.  Since 1986, dozens of acequias have benefited from the program which specializes in relative large projects that cost more than $500,000.

For the 2010 fiscal year, the acequias that are in line for funding are West and East Puerto de Luna, Los Ranchos de Chimayo, and Ponderosa Dam.  The Army Corp of Engineers receives recommendations from the Interstate Stream Commission for projects that are a good fit for the 1113 Program.  The Army Corp conducts engineering design, NEPA compliance activities, construction, and inspection.

For many years, the 1113 Program was part of the agency budget but three years ago it was zeroed out.  Special appropriations have been passed in the intervening years.  This year, special appropriations were introduced by both Senators Bingaman and Udall and Representatives Lujan and Teague.  However, it was the final stretch in conference committee where efforts by Senator Jeff Bingaman and others resulted in the $2.4 million appropriation for FY 2010.  This was a commendable feat considering budget constraints that limit appropriations by Congress.

The NMAA has made continuation of federal support for acequias a top policy priority.  It will take a concerted and united effort to reestablish the historic funding levels in the Army Corp of Engineers and possibly to expand funding in that agency or other appropriate federal agencies.  For more information contact the NMAA at 505-995-9644.

Researchers at New Mexico State University have gathered data showing the hydrological benefits of acequias.  The results of the research are consistent with the observations of acequia communities for generations.  That is, acequias replenish aquifers, they improve groundwater quality, and they facilitate the underground storage of water which benefits stream flows over time.

To read more about the research, click here.  SF New Mexican coverage is here.

Last week, Governor Bill Richardson signed HB 40 (Bandy) a bill strongly backed by the New Mexico Acequia Association.  The press release is pasted below:

For Immediate Release                                                              Contact: Alarie Ray-Garcia

April 9, 2009                                                                                        (505) 476-2248

Governor Bill Richardson Signs Bill Protecting Water Rights

SANTA FE – Governor Bill Richardson today signed HB 40, limiting the power of municipalities to condemn water rights, noting it is probably the most important water bill to reach his desk from the recent Legislative session.

“This was not an easy decision – but ultimately it was clear to me that on balance, the benefits this bill brought to state water policy far outweighed its flaws,” Governor Richardson said. “At the same time it helps preserve our agricultural industry and heritage, it forces our municipalities to think – and act – long term to meet their water needs.”

“There are few bills I considered this year that enjoyed such broad-based support around the state,” Governor Richardson said. “From the bill’s introduction to its final passage, its backers met with opponents, made compromises, refined the bill – and at the end it was supported by the agricultural community, the Acequia Association, and by environmental interests. I commend the patience and persistence of Rep. Paul Bandy of Aztec, who pushed and pulled this bill through to passage.”

Governor Richardson pointed out that municipalities already enjoy extraordinary preferential powers under state water law. Most significant is the power to hold water rights unexercised for up to 40 years without fear of forfeiture. With new limitations on the power of condemnation as a backstop, municipalities will be pushed more strongly to be proactive in securing capacity in the marketplace to cover future water needs.

The Governor noted that the issue had been a perennial one before the Legislature since 2005, when a controversial U.S. Supreme Court decision on municipal use of condemnation for economic development spurred an intense reform debate.

The bill puts water used by an acequia, community ditch, irrigation district, conservancy district or political subdivision of the state beyond the reach of condemnation. In cases where condemnation goes forward, the municipality must meet certain conditions for it to proceed, and mediation is encouraged.

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>online casinoSenate Judiciary passed HB 40 (Limit Municipal Condemnation of Water Rights) yesterday evening unanimously and it now goes to the Senate floor where Senator Michael Sanchez will carry the bill.  If it passes the Senate tomorrow, it will go to Governor Richardson for his signature.

SB 486 (Remove Acequias from MRGCD Jurisdiction) passed the Senate Public Affairs Committee and is on the Senate floor calendar.

HB 2 is still in Senate Finance Committee and is expected to be acted upon very shortly.  Acequia education funds are still in the budget as is the ACDF base budget.  No word on the status of the farmer education/rural entrepreneurship funds.

The New Mexico Congressional Delegation announced the New Mexico package of the stimulus package.

http://bingaman.senate.gov/policy/stimulus_guide.cfm

New Mexico will get $1.1 billion on a formula basis in which funds will flow from federal agencies to state agencies and, overall, is estimated to create or save 22,000 jobs in New Mexico.  There may be a special session of the legislature to determine the allocation of funds that come directly to the state.  We will provide updates as they become available.

Senator Tom Udall introduced legislation requesting $28 million for energy and water projects including $1.9 million for acequia projects.  Click here for the full article from New Mexico Independent.

Congressman Ben R. Lujan introduced legislation for two Indian water rights settlements and irrigation projects for the northern Pueblos.  Click here for the full article from New Mexico Independent.

The state legislative session will end on March 21.  With less than two weeks left, it is getting to the wire for bills waiting for hearings.  Presently, this is the status of bills tracked by the NMAA:

The House passed a budget bill with cuts to state agencies between 5% and 15% depending on the program.  The acequia education program at DFA was cut 10% and the additional funds requested for the ACDF did not come through.  The budget bill is now in the Senate Finance Committee.

HB 40 (Bandy) Limit Municipal Condemnation of Water Rights.  This was amended in the House in negotiations between the bill proponents, the NMAA, and the NM Municipal League.  It passed the House and is scheduled for the Senate Conservation Committee.

HB 19 (Stewart) State Engineer Juristiction over Deep Aquifers.  This bill is awaiting its last hearing in Senate Judiciary Committee.

SB 486 (Ortiz y Pino) Remove Conservancy District Jurisdiction over Acequias.  This bill would remove acequias in the Middle Rio Grande from the jurisdiction of the Middle Rio Grande Conservancy District.  It passed its second committee in the Senate and now heads to the full Senate for a vote.

SB 560 (McSorley) Farmer Protection act.  This bill would shift the liability for contationation from genetically engineered crops away from the farmer and to the seed manufacturer.  This was tabled in SCONC.

HJM 49 (Rodella) ONRW Designation.  This memorial would ask Governor Richardson to suspend the process to designate streams in New Mexico as Outstanding Natural Resource Waters.