New Mexico 2025 Regular Session

New Mexico House Bill HB362 Latest Draft

Bill / Introduced Version Filed 02/11/2025

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HOUSE BILL 362
57
TH LEGISLATURE 
-
 
STATE
 
OF
 
NEW
 
MEXICO
 
-
 FIRST SESSION
,
 
2025
INTRODUCED BY
Jack Chatfield
AN ACT
RELATING TO THE ENVIRONMENT; CREATING A RAINFALL ENHANCEMENT
PILOT PROJECT TO BE CONDUCTED BY THE ROOSEVELT SOIL AND WATER
CONSERVATION DISTRICT; REQUIRING REPORTING; MAKING AN
APPROPRIATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1.  [NEW MATERIAL] RAINFALL ENHANCEMENT PILOT
PROJECT--CREATED--ADMINISTRATION.--
A.  The Roosevelt soil and water conservation
district shall create, develop and administer a three-year
"rainfall enhancement pilot project".  The purpose of the
project is to demonstrate the efficacy of rainfall enhancement
as a mechanism to mitigate the effects of climate change and
drought.
B.  The public interest, health, safety, welfare and
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necessity require scientific experimentation in the field of
artificial nucleation, commonly known as rainfall enhancement
or rainfall augmentation, and scientific efforts to develop and
increase natural precipitation of rain, snow and moisture in
any form contained in the atmosphere within the state are
encouraged in order to develop, conserve and protect the
natural water resources of the state and to safeguard life and
property.
C.  The Roosevelt soil and water conservation
district and the board of regents of New Mexico state
university shall enter into a joint powers agreement for the
state climatologist and university extension services to
review, analyze and validate data from the rainfall enhancement
pilot project to create evidence-based weather modification
demonstration projects using current and evolving scientific
methods of rainfall enhancement and test the relative benefits
of those methods and the potential environmental risks.
D.  All water derived as a result of rainfall
enhancement shall be considered a part of the natural water
supply in the same sense as if no rainfall enhancement pilot
project had been conducted, and any water so derived shall not
be subject to new appropriations but shall be administered and
distributed to users in accordance with existing water rights.
E.  The act of rainfall enhancement pursuant to a
project funded in whole or in part by the state of New Mexico
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or authorized by the board of regents of New Mexico state
university shall not be the basis of any claim of liability.
SECTION 2.  [NEW MATERIAL] REPORTING.--The state
climatologist and extension services shall:
A.  establish forms and criteria for reporting data
and recordkeeping and cause a permanent record to be kept of
all pertinent data related to the rainfall enhancement pilot
project or research related to other factors that may be
affected by rainfall enhancement activities;
B.  report annually the results of the rainfall
enhancement pilot project to the appropriate legislative
interim committee; and
C.  make a final report to the governor and
legislature making recommendations for improvements to and the
necessity of continuing the rainfall enhancement project.
SECTION 3.  APPROPRIATION.--Three million six hundred
thousand dollars ($3,600,000) is appropriated from the general
fund to the board of regents of New Mexico state university for
expenditure in fiscal years 2026 through 2028 for the Roosevelt
soil and water conservation district to develop and administer
a rainfall enhancement pilot project.  Any unexpended or
unencumbered balance remaining at the end of fiscal year 2028
shall revert to the general fund.
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