New Mexico Statutes Chapter 72. Water Law § 72-12C-3. Strategic water supply program

Current as of January 01, 2024 | Updated by Findlaw Staff

A. The “strategic water supply program” is created. Subject to the availability of funds and a project that meets all eligibility requirements, the department of environment and the office of the state engineer may each enter into contracts or award grants for eligible projects involving treated brackish water for the purposes of enhancing the state's fresh water resources.

B. A contract entered into pursuant to this section shall be in accordance with the Procurement Code, except that the contract duration shall not exceed twenty years in length, including extensions and renewals.

C. To be eligible for a strategic water supply program contract, a project shall:

(1) comply with all applicable state, federal, tribal and local governmental standards, permit requirements and other provisions of law, including public notice, public hearing processes and all other associated requirements related to public involvement, to protect existing water rights, conservation of water within the state, public welfare, public health and the environment;

(2) furnish financial assurance, other than third party guarantees, to the department of environment in accordance with rules promulgated by the water quality control commission, running to the benefit of the state and with any forfeitures deposited in the state treasury in the strategic water supply program fund;

(3) clearly demonstrate how the project will advance state, tribal or local government economic development goals in accordance with the purposes of enhancing the state's fresh water resources; and

(4) submit a specific, actionable and measurable community benefits plan that includes a process for community engagement and is designed to provide broadly shared benefits to members of the public who are or may be impacted by the strategic water supply program contract.

D. To be eligible for a strategic water supply program grant, the grant recipient shall be a public entity or federally recognized Indian nation, tribe or pueblo located wholly or partially in New Mexico and the grant project shall:

(1) be approved by the state engineer as advancing the exploration, production or treatment of brackish water in New Mexico;

(2) comply with applicable state, federal, tribal and local governmental standards and permit requirements and other provisions of law, including public notice, public hearing processes and all other associated requirements related to public involvement, to protect existing water rights, conservation of water within the state, public welfare, public health and the environment; and

(3) clearly demonstrate how the project will advance state, tribal or local government economic development goals in accordance with the purposes of enhancing the state's fresh water resources.

E. The agency awarding a strategic water supply contract shall publish the community benefits plan to the agency's website.

F. When preparing a request for proposals pursuant to Subsection C of this section or a grant solicitation pursuant to Subsection D of this section, the agency shall:

(1) do so in accordance with the State-Tribal Collaboration Act, where applicable; and

(2) consult with the secretary of economic development.

G. The department of environment or the office of the state engineer shall notify the state investment council about new strategic water supply program contracts or grants and any opportunities for public input associated with the strategic water supply program within two business days of the date the agency publishes the new grant, contract or public input opportunity to the general public.

H. When evaluating contract or grant proposals for compliance with Subsection C or D of this section, the agency shall evaluate how the projects in the proposal will limit greenhouse gas emissions.

I. In connection with any strategic water supply program contract or grant that is subject to the notice of intention filing requirements pursuant to Section 72-12-26 NMSA 1978, the office of the state engineer shall provide an opportunity for a federally recognized Indian nation, tribe or pueblo located wholly or partially in New Mexico, a person, a firm, a corporation or other entity to file an objection or protest through a process consistent with the provisions of Section 72-12-3 NMSA 1978 regarding a determination by the state engineer made pursuant to Section 72-12-26 NMSA 1978.

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Cite this article: FindLaw.com - New Mexico Statutes Chapter 72. Water Law § 72-12C-3. Strategic water supply program - last updated January 01, 2024 | https://codes.findlaw.com/nm/chapter-72-water-law/nm-st-sect-72-12c-3/

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