New Mexico § 72-1-2.4 - Pecos river; purpose; conditions for expenditures

§ 72-1-2.4. Pecos river; purpose; conditions for expenditures

A. The purpose of this section is to achieve compliance with the Pecos River Compact

[ 72-15-19 NMSA 1978 ], establish a base flow of the Pecos river of fifty cubic feet per second at the

Artesia bridge and provide a reliable annual irrigation supply of ninety thousand

acre-feet of water for delivery of three acre-feet per acre of irrigated land in the

Carlsbad irrigation district and for adequate water to fulfill delivery requirements

to the Texas state line pursuant to the Pecos River Compact. B. The interstate stream commission shall determine the need for projects to be funded

with the appropriations for compliance with the Pecos River Compact and may expend

funds for the purchase of land with appurtenant water rights or rights to the delivery

of water and to take other appropriate actions that would effectively aid New Mexico

in compliance with the United States supreme court amended decree in Texas v. New Mexico , No. 65 original. C. The interstate stream commission shall not expend any funds for the purchase of

land with appurtenant water rights or rights to the delivery of water unless the commission

has entered into contracts with the governing bodies of the Carlsbad irrigation district,

the Pecos valley artesian conservancy district and the Fort Sumner irrigation district

that specify the actions the parties agree will be taken or avoided to ensure that

the expenditures will be effective toward permanent compliance with New Mexico's obligations

under the Pecos River Compact and amended decree. D. Expenditures for the purchase of land with valid appurtenant water rights or rights

to the delivery of water shall be made only from willing sellers within the lower

Pecos river basin downstream from Sumner reservoir for projects that comply with the

following criteria: (1) land with appurtenant water rights or with rights to the delivery of water shall

be purchased in each of the following areas of the lower Pecos river basin: (a) from Sumner reservoir to Acme, to the extent that willing sellers elect to participate

and any affected irrigation district agrees to change its operations, as necessary,

so the acquired rights effectively increase downstream flows of the Pecos river; (b) from Acme to Brantley dam; and (c) with first priority placed in the area from Brantley dam to the state line contingent

upon the adjudication or settlement of the surface water claims by or within the Carlsbad

irrigation district; (2) the interstate stream commission shall purchase with the first available funding

six thousand acres of land having rights to the delivery of water by the [Carlsbad

irrigation] district or valid appurtenant water rights in approximately equal purchase

increments from: (a) assessed land within the Carlsbad irrigation district; and (b) irrigated land located between Brantley dam and Sumner reservoir; and (3) subsequent to the purchase of the first six thousand acres of land, the interstate

stream commission shall use all future appropriations that are available for the purchase

of land with appurtenant water rights or rights to the delivery of water such that

no more than one acre of land within the Carlsbad irrigation district may be purchased

for every three acres of land purchased between Brantley dam and Sumner reservoir. E. The interstate stream commission shall prepare a comprehensive request for bids

from owners of land with appurtenant water rights or rights to the delivery of water,

shall evaluate and compare the bids and shall make offers to contract in response

to the bids. The request for bids shall: (1) provide for competition among the owners of land from whom bids are requested

to sell their land with appurtenant water rights or rights to the delivery of water; (2) contain criteria to address the priority of the purchases based on the effectiveness

of the purchased land with appurtenant water rights or rights to the delivery of water

in increasing the flows of the Pecos river and to address the different value of water

rights associated with the degree of seniority of the water rights; (3) provide for the purchase of up to six thousand acres of land assessed by the Carlsbad

irrigation district having rights for the delivery of water; and (4) provide for the purchase of land upstream from the Carlsbad irrigation district

in amounts necessary to comply with the requirements of this section. F. The interstate stream commission shall evaluate all bids and shall offer to contract

with all sellers whose offers to sell comply with the criteria required by this section,

comply with the bid conditions and are determined by the interstate stream commission

to be most advantageous to increase the flows of the Pecos river and comply with the

Pecos River Compact and amended decree. G. Contracts shall be contingent upon the interstate stream commission receiving sufficient

appropriations to close the purchases. H. In the event the interstate stream commission determines that the total Pecos river

rights it has purchased with appropriations made by the legislature for that purpose

are in excess of those rights permanently needed for compliance with New Mexico's

obligations under the Pecos River Compact, then the commission shall offer the excess

land with appurtenant water rights or rights to the delivery of water first to the

original owner at the original point of diversion and for the original place and purpose

of use. Lands shall be offered for sale in the order in which they were acquired by: (1) sending a written offer to sell to the last known address of the owner by certified

mail, which offer shall remain open for at least sixty days from the date of the mailing; (2) including in the offer to sell a notice that if the offer is not accepted by the

original owner within a stated time pursuant to this subsection, the offer will be

deemed rejected and automatically withdrawn and made available for purchase at the

current market price; and (3) depositing the revenue from sales into the New Mexico irrigation works construction

fund.