Here is some information on current legislation being proposed in the 2025 legislative session that may be of interest to stormwater professionals in New Mexico.
Acquire, operate, and maintain stormwater facilities to provide storm water management services.
Charge a just and reasonable fees to property owners based on their contribution to stormwater runoff.
Stormwater management is currently an unfunded mandate for municipalities, which often rely on general funds to cover the costs. This bill establishes a dedicated funding stream for O&M, ensuring sustainable and effective service delivery.
What is the difference between a stormwater utility and a flood control district?A stormwater utility focuses on local, street or neighborhood scale stormwater generated from homes and commercial buildings. In contrast, a flood control district typically manages regional-scale runoff from larger areas including arroyos to prevent city-wide flooding through infrastructure like levees, dams, and watershed- scaled structures.
Can’t municipalities already provide stormwater services?Yes. However, while municipalities may be statutorily required to manage stormwater under general health, safety, and welfare obligations, they lack a stable funding mechanism. This bill provides the legal and financial framework to establish a sustainable utility.
Who pays, and who administers the utility?Municipalities may choose to require property owners within the municipality to pay reasonable fees or service charges for stormwater services. The utility is administered by the municipality, ensuring dedicated resources for operations and maintenance (O&M) of stormwater facilities.
Several states, including Minnesota, Colorado, Texas, Oregon, and Michigan have successfully implemented stormwater utilities. These states showcase effective funding and operational frameworks that municipalities can learn from.
How does this bill promote local control?This bill enables, but does not require municipalities to create and manage stormwater utilities, giving local governments authority over decisions about infrastructure, service provision, and fee structures.
How does this bill interact with home rule?Home rule municipalities may already have authority to establish utilities, but codifying this language in state statute ensures clarity, minimizes legal challenges, and promotes statewide consistency.
How does this work when the water utility is separate from the municipality?For example, the Albuquerque Bernalillo County Water Utility Authority (ABCWUA) does not manage stormwater within its scope of responsibilities.
Without this bill, municipalities like Albuquerque cannot charge stormwater fees because stormwater management falls outside the jurisdiction of their water utility.
