1. A. Any funds expended for the purpose of restoring native riparian vegetation and wetland areas in the Pecos River valley are contingent upon:

   1. (1) the development of comprehensive plans to monitor all impacts of control activities and to restore native riparian vegetation throughout each project area;
   2. (2) the provision of sufficient funds to undertake those restoration activities; and
   3. (3) the approval of all control, restoration and monitoring plans by the New Mexico department of agriculture, the department of game and fish [department of wildlife] and the department of environment in consultation with the interstate stream commission.
2. B. In addition to the conditions set out in Subsection A of this section, any funds expended for the purpose of restoring native riparian vegetation and wetland areas in the Pecos River valley for projects on private lands are contingent upon the owners of those lands agreeing to a sixteen-year covenant running with the land providing for the management and continuity of all restored native riparian vegetation. The covenant shall be enforced by the energy, minerals and natural resources department.

History: Laws 1994, ch. 118, § 1.

ANNOTATIONS

Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Laws 2025, ch. 9, § 11 provided that references in law to the department of game and fish shall be deemed to be references to the department of wildlife.

Cross references. — For creation of energy, minerals and natural resources department, see 9-5A-3 NMSA 1978.

For divisions of energy, minerals and natural resources department, see 9-5A-4 NMSA 1978.

For creation of department of environment, see 9-7A-4 NMSA 1978.

For creation of department of wildlife, see 17-1-5 NMSA 1978.

For declarations of purpose on diminishing the impact of man-made depletions of the stream flow in the Pecos River area, see 72-1-2.2 NMSA 1978.

For interstate stream commission, see 74-14-1 to 74-14-44 NMSA 1978.

For creation of department of agriculture, see 76-1-1 NMSA 1978.

Compiler's notes. — There is not a 75-8-1 NMSA 1978.