2026 Legislative Updates

Senate Bill 193 (Sen Pete Campos, Sen Leo Jaramillo, Rep Anita Gonzales).

If signed by the governor, Senate Bill 193 increases recurring funding for the Acequia and Community Ditch Infrastructure Fund (ACDIF) from $2.5 million to $5 million. ACDIF is housed at the Interstate Stream Commission. The annual transfer to the Acequia and Community Ditch Infrastructure Fund (ACDIF) comes from the Irrigation Works Construction Fund (IWCF).

Status: Waiting for the Governor to sign.

House Bill 108 (Rep Rebecca Dow and Rep Susan K. Herrera)

If signed into law this bill amends the Watershed District Act to clarify governance, appointment procedures, and taxing authority related to watershed districts and soil and water conservation districts. The bill revises statutory definitions and clarifies the process for appointing members to a watershed district. The bill requires a soil and water conservation district to levy a property tax assessment at the request of a watershed district within its boundaries, subject to existing statutory rate limitations and approval requirements. It clarifies that the board of supervisors of the soil and water conservation district is responsible for approving watershed district budgets, levying assessments, and authorizing expenditures of assessment revenues.

Status: Waiting for the Governor to sign.

House Bill 111 (Rep Kristina Ortez, Sen Mimi Stewart, Rep Andrea Romero, Sen Elizabeth "Liz" Stefanics, Sen James G. Townsend)

If signed into law this bill amends several sections within Chapter 72 NMSA 1978, increasing the penalties for certain water law violations up to $3,400 per day and providing the Office of the State Engineer (OSE) latitude to determine the amount of the civil penalty and the seriousness of the violation. The bill also stipulates that the penalty for water sold without a permit would be double the economic benefit to the violator or $25 per barrel of water sold, whichever amount is greater. The bill also changes the current practice of monetary penalties not being due until a hearing on the matter is complete to stating that the per-day penalty accrues from the date a violator receives notice of the violation from OSE. The bill also would not allow OSE to pursue monetary penalties for over-diversion of water rights and limit such penalties to repayment of water. The bill also clarifies the new provisions created by the bill would not affect stream adjudication court orders in place prior to its effect.

Status: Waiting for the Governor to sign.

HB 21 (Rep Miguel Garcia, Rep Linda Serato, Sen Leo Jaramillo, Sen Pete Campos) and SB 59 (Sen Leo Jaramillo, Sen Pete Campos, Sen Bobby Gonzales, Rep Miguel Garcia).

HB 21 would have created two projects funds, one for acequias and one for land grants, that would be used to allocate funds from 1.1% bonding capacity for each. This would have amounted to an estimated $19 million per year based on current bonding capacity for severance tax bonds. The bill would have also created a trust fund which was a placeholder for future appropriations. HB 330 passed House Rural Development, Land Grants And Cultural Affairs but was tabled in the House Taxation & Revenue Committee where it died.