NM
New Mexico House Bill HB431

New Mexico 2025 Regular Session

New Mexico House Bill HB431 Compare Versions

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1-HB 431
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28+HOUSE BILL 431
29+57
30+TH LEGISLATURE
31+-
32+
33+STATE
34+
35+OF
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37+NEW
38+
39+MEXICO
40+
41+-
42+ FIRST SESSION
43+,
44+
45+2025
46+INTRODUCED BY
47+Rebecca Dow and Gail Armstrong
2848 AN ACT
29-RELATING TO CONSERVATION; AMENDING THE WATERSHED DISTRICT
30-ACT; PROVIDING FOR APPOINTMENT OF WATERSHED BOARDS OF
31-DIRECTORS INSTEAD OF ELECTION OF THE BOARDS.
49+RELATING TO CONSERVATION; AMENDING THE WATERSHED DISTRICT ACT;
50+PROVIDING FOR APPOINTMENT OF WATERSHED BOARDS OF DIRECTORS
51+INSTEAD OF ELECTION OF THE BOARDS.
3252 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
3353 SECTION 1. Section 73-20-2 NMSA 1978 (being Laws 1957,
3454 Chapter 210, Section 2, as amended) is amended to read:
35-"73-20-2. DEFINITIONS.--As used in the Watershed
36-District Act:
55+"73-20-2. DEFINITIONS.--As used in the Watershed District
56+Act:
3757 A. "directors" means directors of the watershed
38-districts;
58+districts; [and]
3959 B. "minority jurisdiction district" means a soil
4060 and water conservation district that has within its
4161 jurisdiction a minority of the land in a watershed district;
4262 and
43-C. "supervisors" means supervisors of soil and
44-water conservation districts in which the watershed district
45-is located."
46-SECTION 2. Section 73-20-12 NMSA 1978 (being Laws 1957,
47-Chapter 210, Section 12, as amended) is amended to read:
48-"73-20-12. DIRECTORS--APPOINTMENT.--
49-A. A watershed district shall be governed by a
50-board of directors appointed by the board of supervisors for
51-the soil and water conservation district in which the HB 431
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78-watershed district is located. Except as provided in
79-Subsection C of this section, a board of directors shall
80-consist of five directors; provided that, when available, one
81-director shall be a current or former elected director of the
82-watershed district.
83-B. When appointing the initial directors for a
84-watershed district, a board of supervisors shall appoint two
85-members to serve terms of two years and three members to
86-serve terms of four years. Thereafter, new appointments to
87-the watershed district board shall be for terms of four
90+[B.] C. "supervisors" means supervisors of soil and
91+water conservation [district or ] districts in which the
92+watershed district is located."
93+SECTION 2. Section 73-20-12 NMSA 1978 (being Laws 1957,
94+Chapter 210, Section 12, as amended) is amended to read:
95+"73-20-12. DIRECTORS--[ELECTION ] APPOINTMENT.--
96+A. [At the next regular local election held
97+pursuant to the Local Election Act after a watershed district
98+is created, the board of supervisors of the soil and water
99+conservation district involved shall cause an election to be
100+held for the election of a board of directors of the watershed
101+district. The board shall consist of five members. The first
102+board shall determine by lot from among its membership two
103+members to serve terms of two years and three members to serve
104+terms of four years. Thereafter, as these initial terms
105+expire, their replacements shall be elected for terms of four
88106 years. Vacancies occurring before the expiration of a term
89-shall be filled by appointment for the unexpired remainder of
90-a term.
91-C. If the territory embraced within a watershed
92-district lies within more than one soil and water
93-conservation district, each minority jurisdiction district
94-shall be entitled to appoint three additional directors.
95-When appointing the additional directors, a board of
96-supervisors shall appoint one director to serve a term of two
97-years and two directors to serve terms of four years.
98-Thereafter, new directors shall be appointed for terms of
99-four years. All vacancies shall be filled by appointment by
100-the minority jurisdiction districts for the remainder of an
101-unexpired term.
102-D. The board of directors shall annually elect HB 431
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107+shall be filled by the remaining members of the board for the
108+unexpired term. Two or more vacancies occurring simultaneously
109+shall be filled by appointment by the board of supervisors.
110+The board of directors shall, under the supervision of the
111+board of supervisors, be the governing body of the watershed
112+district.] A watershed district shall be governed by a board of
113+directors appointed by the board of supervisors for the soil
114+and water conservation district in which the watershed district
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143+is located. Except as provided in Subsection C of this
144+section, a board of directors shall consist of five directors;
145+provided that, when available, one director shall be a current
146+or former elected director of the watershed district.
147+B. When appointing the initial directors for a
148+watershed district, a board of supervisors shall appoint two
149+members to serve terms of two years and three members to serve
150+terms of four years. Thereafter, new appointments to the
151+watershed district board shall be for terms of four years.
152+Vacancies occurring before the expiration of a term shall be
153+filled by appointment for the unexpired remainder of a term.
154+[B.] C. If the territory embraced within a
155+watershed district lies within more than one soil and water
156+conservation district, each [additional soil and water
157+conservation district having a minority of the land involved in
158+the watershed shall be entitled to elect three additional
159+directors. These additional directors after their election
160+shall determine by lot one of their number to serve a term of
161+two years and two a term of four years. Thereafter, their
162+successors shall be elected for terms of four years. The
163+representatives of each of these minority districts shall fill
164+vacancies in the district's membership for the unexpired term. ]
165+minority jurisdiction district shall be entitled to appoint
166+three additional directors. When appointing the additional
167+directors, a board of supervisors shall appoint one director to
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196+serve a term of two years and two directors to serve terms of
197+four years. Thereafter, new directors shall be appointed for
198+terms of four years. All vacancies shall be filled by
199+appointment by the minority jurisdiction districts for the
200+remainder of an unexpired term .
201+[C.] D. The board of directors shall annually elect
129202 from its membership a chair, secretary and treasurer. The
130203 treasurer shall execute an official bond for the faithful
131-performance of the duties of office to be approved by the
132-board of directors. The bond shall be executed with at least
133-three solvent personal sureties whose solvency shall exceed
134-the amount of the bond, or by a surety company authorized to
135-do business in this state, and shall be in an amount
136-determined by the board of directors. If the treasurer is
137-required to execute a surety company bond, the premium of the
138-bond shall be paid by the board of directors.
139-E. The board of directors shall prepare and submit
140-to the department of finance and administration such reports
141-as it may require from among those required to be submitted
142-by other political subdivisions."
204+performance of the duties of office to be approved by the board
205+of directors. The bond shall be executed with at least three
206+solvent personal sureties whose solvency shall exceed the
207+amount of the bond, or by a surety company authorized to do
208+business in this state, and shall be in an amount determined by
209+the board of directors. If the treasurer is required to
210+execute a surety company bond, the premium of the bond shall be
211+paid by the board of directors.
212+[D.] E. The board of directors shall prepare and
213+submit to the department of finance and administration such
214+reports as it may require from among those required to be
215+submitted by other political subdivisions.
216+[E. Each person desiring to be a director of a
217+watershed district shall file a nominating petition with the
218+proper filing office in accordance with the provisions of the
219+Local Election Act, signed by ten or more qualified electors. ]"
143220 SECTION 3. EFFECTIVE DATE.--The effective date of the
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144249 provisions of this act is July 1, 2025.
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