New Mexico Administrative Code
Title 19 - NATURAL RESOURCES AND WILDLIFE
Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS
Part 10 - REVIEW AND ELIGIBILITY OF PROPOSED WATER PROJECTS
Section 19.25.10.7 - DEFINITIONS
Current through Register Vol. 35, No. 6, March 26, 2024
A. "Act" means the Water Project Finance Act, Sections 72-4A-1 through 72-4A-10, NMSA 1978, as the same may be amended and supplemented.
B. "Agreement" means the document or documents signed by the board and a qualifying entity which specify the terms and conditions of obtaining financial assistance from the water project fund.
C. "Applicant" means a qualifying entity which has filed a water project proposal with the authority for initial review and referral to the board's project review committee.
D. "Authority" means the New Mexico finance authority.
E. "Authorized representative" means one or more individuals duly authorized to act on behalf of the qualifying entity in connection with its financial application, water project proposal or agreement.
F. "Board" means the New Mexico water trust board created by the act.
G. "Bylaws" means the bylaws of the board adopted on September 25, 2001, and amended on June 27, 2007, and as may be further amended and supplemented.
H. "Financial application" means a written document filed with the authority by an applicant for the purpose of evaluating the applicant's qualifications for types of financial assistance which may be provided by the board.
I. "Financial assistance" means loans, grants and any other type of assistance authorized by the act, or a combination thereof, provided from the water project fund to a qualified entity for the financing of a qualifying water project.
J. "Policy committee" means a standing committee, appointed by the chairman of the board from the members of the board pursuant to the bylaws to review policies and policy related matters and make recommendations to the full board.
K. "Political subdivision" means a municipality, county, land grant-merced controlled and governed pursuant to Section 49-1-1 through 49-1-18 or 49-4-1 through 49-4-21 NMSA 1978, regional or local public water utility authority created by statute, irrigation district, conservancy district, special district, acequia or soil and water conservation district, water and sanitation district, or an association organized and existing pursuant to the Sanitary Projects Act, Chapter 3, Article 29 NMSA 1978.
L. "Project review committee" means a standing committee, appointed by the chairman of the board from the members of the board pursuant to the bylaws to review water projects to be recommended for funding from the water project fund.
M. "Qualifying entity" means a state agency, a political subdivision of the state, an intercommunity water or natural gas supply association or corporation organized under Chapter 3, Article 28 NMSA 1978, a recognized Indian nation, tribe or pueblo, the boundaries of which are located wholly or partially in New Mexico or an association of such entities created pursuant to the Joint Powers Agreement Act, Chapter 11, Article 1 NMSA 1978 or other authorizing legislation for the exercise of their common powers.
N. "Qualifying water project" means a project recommended by the board for funding by the legislature which includes a water project serving an area wholly within the boundaries of the state for (i) storage, conveyance or delivery of water to end users; (ii) implementation of federal Endangered Species Act of 1973 collaborative programs; (iii) restoration and management of watersheds; (iv) flood prevention; or (v) conservation, recycling, treatment or reuse of water as provided by law and which has been approved by the state legislature pursuant to Section 72-4A-9(B), NMSA 1978.
O. "State" means the state of New Mexico.
P. "State agency" means any agency or institution of the state.
Q. "Water project account" means a fund designated by a qualifying entity exclusively for receipt of financial assistance.
R. "Water project fund" means the fund of that name created in the authority by Section 72-4A-9, NMSA 1978.
S. "Water project proposal" means a written proposal submitted by a qualifying entity for review by the project review committee.
T. "Water trust fund" means the fund of that name created in the state treasury by Section 72-4A-8, NMSA 1978.
