1. A. The "interstate stream commission" is created, consisting of the following members:

   1. (1) the state engineer; and

   2. (2) eight members appointed by the governor, with the advice and consent of the senate, with the provision that not more than five members of the commission, including the state engineer, shall be from the same political party, at least one of whom shall be a member of a New Mexico Indian nation or tribe and at least one of whom shall be a member of a New Mexico Indian pueblo. Members shall be appointed as follows:

      1. (a) four representatives of irrigation or conservancy districts or sections of the state of New Mexico;
      2. (b) one representative of a New Mexico acequia or community ditch;
      3. (c) one representative of a New Mexico drinking water utility that provides at least five hundred acre-feet of water annually for domestic use;
      4. (d) one member of the water resources research institute or civil or environmental engineering faculty of New Mexico state university or the university of New Mexico; and
      5. (e) one hydrogeologist with expertise in New Mexico ground water resources who is a faculty member of the New Mexico institute of mining and technology or a professional engineer with a New Mexico consulting engineering practice in water resources or water utility engineering.

2. B. Except for the state engineer:

   1. (1) members of the commission shall have no less than ten years' experience with New Mexico water resources;
   2. (2) no more than two members shall be appointed from the same irrigation or conservancy district or section of the state of New Mexico or the same New Mexico Indian nation, tribe or pueblo;
   3. (3) no more than three members shall be appointed from the same congressional district; and
   4. (4) members shall be appointed from and reside in at least three different state engineer water rights districts.
3. C. An appointed member of the interstate stream commission shall not have changed party registration in the two years preceding the member's appointment in such a manner that the member's prior party registration would cause one political party to have more than five members. A member of the commission shall not continue to serve on the commission if the member changes party registration after the date of appointment in such a manner as to cause one political party to have more than five members.
4. D. The appointed members shall serve for staggered terms of four years; provided that of the initial members, two members shall serve for one year, two members shall serve for two years, two members shall serve for three years and two members shall serve for four years. Initial terms shall be decided by drawing lots.
5. E. An appointed member may be removed from the interstate stream commission by the governor for failure to attend three consecutive meetings or for other cause in the same manner as provided for removal of members of boards of regents pursuant to Article 12, Section 13 of the constitution of New Mexico. A vacancy occurring other than by expiration of the term shall be filled in the same manner as the original appointment for the remainder of the unexpired term.
6. F. The interstate stream commission shall elect a chair and vice chair as provided by rule, and the state engineer shall be the secretary. A commission member shall not hold any office or employment in a political party.
7. G. All actions of the interstate stream commission shall be by majority vote, and a majority of members constitutes a quorum for the transaction of business.

History: Laws 1935, ch. 25, § 1; 1939, ch. 35, § 1; 1941, ch. 111, § 1; 1941 Comp., § 77-3301; Laws 1943, ch. 26, § 1; 1953 Comp., § 75-34-1; Laws 1963, ch. 14, § 1; 1977, ch. 254, § 95; 1982, ch. 10, § 7; 2003, ch. 165, § 1; 1978 Comp., § 72-14-1, repealed and reenacted by Laws 2023, ch. 170, § 1.

ANNOTATIONS

Repeals and reenactments. — Laws 2023, ch. 170, § 1 repealed former 72-14-1 NMSA 1978 and enacted a new section, effective July 1, 2023.

Cross references. — For powers and duties under Water Research, Conservation and Development Act, see 75-2-4, 75-2-5 NMSA 1978.

Temporary provisions. — Laws 2023, ch. 170, § 2, effective July 1, 2023, provided that members of the interstate stream commission serving as of July 1, 2023 shall continue in their positions until their terms have expired and their successors have been appointed and qualified. Current members who meet the qualifications of the positions specified in Section 72-14-1 NMSA 1978 may be appointed for new terms. A member appointed before January 1, 2024 pursuant to this act shall take office immediately, serve the remainder of the year and serve for a term beginning January 1, 2024 and ending December 31 in the year for that position as determined by lot in accordance with Section 72-14-1 NMSA 1978.

The 2003 amendment, effective July 1, 2003, inserted the third sentence.

The 1982 amendment deleted the former last sentence, which read "The commission shall, for purposes of administration, execute all functions vested in it within the division of water resources."

Construction in pari materia. — This section creates an agency with authority to institute, in the name of the state, legal proceedings invoking state's power of eminent domain for conservation, protection and development of public waters of the state, and their application to beneficial uses and because the Water Code (Section 72-1-1 NMSA 1978 et seq.) had the latter purposes, the statutes must be deemed in pari materia. State ex rel. Red River Valley Co. v. Dist. Ct., 1935-NMSC-085, 39 N.M. 523, 51 P.2d 239.

Public use of private property. — Taking private property by commission for impounding waters of river by dam or reservoir is for public use. State ex rel. Red River Valley Co. v. Dist. Ct., 1935-NMSC-085, 39 N.M. 523, 51 P.2d 239.

Remedying past failures to perform. — There is nothing in the nature of compacts generally or of this compact in particular that counsels against rectifying a failure to perform in the past as well as ordering future performance called for by the 1949 Pecos River Compact. Tex. v. N.M., 482 U.S. 124, 107 S. Ct. 2279, 96 L. Ed. 2d 105 (1987).

The matter of remedying past water shortages caused by New Mexico's underdeliveries was returned to a special master for such further proceedings as he deemed necessary and for his ensuing recommendation as to whether New Mexico should be allowed to elect a monetary remedy and, if so, to suggest the size of the payment and other terms that the state must satisfy. Tex. v. N.M., 482 U.S. 124, 107 S. Ct. 2279, 96 L. Ed. 2d 105 (1987).

Good faith belief in compliance. — New Mexico's good faith belief that it was complying with the 1949 Pecos River Compact would not permit the state to escape liability for what had been adjudicated to be past failures to perform its duties under the compact. Tex. v. N.M., 482 U.S. 124, 107 S. Ct. 2279, 96 L. Ed. 2d 105 (1987).

Commission is empowered to take over and maintain Conchas dam project. 1936 Op. Att'y Gen. No. 36-1343.

Law reviews. — For article, "New Mexico Water Law: An Overview and Discussion of Current Issues," see 22 Nat. Resources J. 1045 (1982).

For article, " 'Whisky’s fer Drinkin’; Water’s fer Fightin’!' " Is it? Resolving a Collective Action Dilemma in New Mexico," see 43 Nat. Resources J. 185 (2003).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 78 Am. Jur. 2d Waters §§ 3, 309 to 315.

93 C.J.S. Waters § 170; 94 C.J.S. Waters § 315.