HB 431
Page 1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
AN ACT
RELATING TO CONSERVATION; AMENDING THE WATERSHED DISTRICT
ACT; PROVIDING FOR APPOINTMENT OF WATERSHED BOARDS OF
DIRECTORS INSTEAD OF ELECTION OF THE BOARDS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 73-20-2 NMSA 1978 (being Laws 1957,
Chapter 210, Section 2, as amended) is amended to read:
"73-20-2. DEFINITIONS.--As used in the Watershed
District Act:
A. "directors" means directors of the watershed
districts;
B. "minority jurisdiction district" means a soil
and water conservation district that has within its
jurisdiction a minority of the land in a watershed district;
and
C. "supervisors" means supervisors of soil and
water conservation districts in which the watershed district
is located."
SECTION 2. Section 73-20-12 NMSA 1978 (being Laws 1957,
Chapter 210, Section 12, as amended) is amended to read:
"73-20-12. DIRECTORS--APPOINTMENT.--
A. A watershed district shall be governed by a
board of directors appointed by the board of supervisors for
the soil and water conservation district in which the HB 431
Page 2
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
watershed district is located. Except as provided in
Subsection C of this section, a board of directors shall
consist of five directors; provided that, when available, one
director shall be a current or former elected director of the
watershed district.
B. When appointing the initial directors for a
watershed district, a board of supervisors shall appoint two
members to serve terms of two years and three members to
serve terms of four years. Thereafter, new appointments to
the watershed district board shall be for terms of four
years. Vacancies occurring before the expiration of a term
shall be filled by appointment for the unexpired remainder of
a term.
C. If the territory embraced within a watershed
district lies within more than one soil and water
conservation district, each minority jurisdiction district
shall be entitled to appoint three additional directors.
When appointing the additional directors, a board of
supervisors shall appoint one director to serve a term of two
years and two directors to serve terms of four years.
Thereafter, new directors shall be appointed for terms of
four years. All vacancies shall be filled by appointment by
the minority jurisdiction districts for the remainder of an
unexpired term.
D. The board of directors shall annually elect HB 431
Page 3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
from its membership a chair, secretary and treasurer. The
treasurer shall execute an official bond for the faithful
performance of the duties of office to be approved by the
board of directors. The bond shall be executed with at least
three solvent personal sureties whose solvency shall exceed
the amount of the bond, or by a surety company authorized to
do business in this state, and shall be in an amount
determined by the board of directors. If the treasurer is
required to execute a surety company bond, the premium of the
bond shall be paid by the board of directors.
E. The board of directors shall prepare and submit
to the department of finance and administration such reports
as it may require from among those required to be submitted
by other political subdivisions."
SECTION 3. EFFECTIVE DATE.--The effective date of the
provisions of this act is July 1, 2025.