underscored material = new
[bracketed material] = delete
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
SENATE BILL 208
57
TH LEGISLATURE
-
STATE
OF
NEW
MEXICO
-
FIRST SESSION
,
2025
INTRODUCED BY
Pete Campos
AN ACT
RELATING TO WATER; INCREASING THE ANNUAL TRANSFER FROM THE NEW
MEXICO IRRIGATION WORKS CONSTRUCTION FUND TO THE ACEQUIA AND
COMMUNITY DITCH INFRASTRUCTURE FUND.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 72-14-23 NMSA 1978 (being Laws 1955,
Chapter 266, Section 15, as amended by Laws 2019, Chapter 62,
Section 9 and by Laws 2019, Chapter 169, Section 2) is amended
to read:
"72-14-23. NEW MEXICO IRRIGATION WORKS CONSTRUCTION FUND
CREATED--LIMITATION OF LIABILITY UNDER ACT--REPARATION OF
DAMAGES CAUSED IN CARRYING OUT POWERS GRANTED--AUTHORITY OF
COMMISSION TO RECEIVE CONTRIBUTIONS.--
A. [There is created a fund to be known as the ] The
"New Mexico irrigation works construction fund" [which ] is
.229300.1 underscored material = new
[bracketed material] = delete
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
created as a nonreverting fund in the state treasury and shall
consist of the income creditable to the permanent reservoirs
for irrigation purposes income fund not otherwise pledged under
Section 72-14-19 NMSA 1978 and all other money that may be
appropriated by the legislature to the [construction ] fund.
[The fund shall be a continuing fund and shall not revert to
the general fund or to any other fund. ]
B. Annually, [two million five hundred thousand
dollars ($2,500,000)] five million dollars ($5,000,000) shall
be transferred from the New Mexico irrigation works
construction fund to the acequia and community ditch
infrastructure fund.
C. Annually, one million dollars ($1,000,000) shall
be [distributed] transferred from the New Mexico irrigation
works construction fund to the forest land protection revolving
fund.
D. The cost of investigations and construction as
authorized in Section 72-14-11 NMSA 1978 shall be paid from the
New Mexico irrigation works construction fund and also the cost
of all preliminary work on any project, and all expenses
directly chargeable to such project, prior to the receipt of
the proceeds of bonds, shall be paid from the construction
fund. The amount of all such expenses on account of any
project and such part of the general administrative expenses of
the commission and the cost of investigation as shall be
.229300.1
- 2 - underscored material = new
[bracketed material] = delete
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
properly chargeable, in the opinion of the commission, to such
project shall be reimbursed to the construction fund upon the
receipt of the proceeds of bonds issued for such project. No
liability or obligation shall be incurred under the provisions
of Sections 72-14-9 through 72-14-28 NMSA 1978 beyond the
extent to which the money has been provided under the authority
of those sections. All public and private property damaged or
destroyed in carrying out the powers granted under those
sections shall be restored or repaired and placed in its
original condition, as nearly as practicable, or adequate
compensation made therefor out of funds provided by those
sections.
E. The commission shall also have authority to pay
the cost of such investigations and construction on any project
from the New Mexico irrigation works construction fund when
contracts in form satisfactory to it have been entered into
whereby title to works have been mortgaged, deeded, assigned or
transferred by the owner to the commission, and a program for
reimbursement of all amounts expended, together with operation
and maintenance charges, have been agreed upon; provided that
no construction contract shall be entered into without the
prior approval of the state board of finance. The commission
shall also have authority to receive and accept appropriations
and contributions from any source of either money or property
or other things of value to be held, used and applied for the
.229300.1
- 3 - underscored material = new
[bracketed material] = delete
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
purposes provided in Sections 72-14-9 through 72-14-28 NMSA
1978."
SECTION 2. EFFECTIVE DATE.--The effective date of the
provisions of this act is July 1, 2025.
- 4 -
.229300.1