New Mexico : 2024 Regular Session : BILL HB130

GeoLawWatch Bill Summary

HB 130 would have created a three-year "Cloud Seeding Weather Modification Pilot Project" administered by the New Mexico Department of Agriculture in partnership with the Roosevelt Soil and Water Conservation District through a joint powers agreement.

The bill established legislative findings that the public interest, health, safety, welfare, and necessity require scientific experimentation in artificial nucleation (cloud seeding), and that efforts to increase natural precipitation should be encouraged to develop, conserve, and protect the state's natural water resources.

The pilot project was designed to collect data, design evidence-based weather modification demonstration projects using current and evolving scientific methods, and test the relative benefits and potential environmental risks of cloud seeding techniques.

Water derived from cloud seeding would be treated as part of the natural water supply—not subject to new appropriations but administered and distributed according to existing water rights. This provision addressed a significant legal question in western water law: whether artificially enhanced precipitation creates new water rights or simply augments existing allocations.

The bill included a liability shield: cloud seeding activities funded by the state or authorised by the Department of Agriculture could not serve as the basis for any claim of liability.

The Department was required to establish reporting forms and criteria, maintain permanent records of all pertinent data, report annually to the appropriate interim committee, and submit a final report to the Governor and Legislature with recommendations on improvements and continuation.

The House Appropriations and Finance Committee amended the bill to remove the $1,980,000 appropriation that would have funded the project through FY 2027, with any unexpended balance reverting to the general fund.

History

HB 130 was introduced by Representative Jack Chatfield during New Mexico's 2024 short 30-day session. The bill was referred first to the House Agriculture, Acequias and Water Committee (HAAWC), which reported it favourably on January 24, 2024. It then went to the House Appropriations and Finance Committee (HAFC), which reported it favourably with amendments on February 6, 2024—notably striking the $1.98 million appropriation that would have funded the pilot project.

The bill passed the House on February 12, 2024, with strong bipartisan support (61-6) and was transmitted to the Senate the following day, where it was referred to the Senate Conservation Committee (SCONC). The Conservation Committee reported the bill favourably on February 14, 2024.

However, on that same day, the bill's action was "Postponed Indefinitely"—a procedural designation that effectively kills a bill without a recorded floor vote. In New Mexico's 30-day sessions, which are constitutionally limited to budget matters and items placed on the Governor's call, indefinite postponement often reflects either time constraints as the session deadline approaches or leadership's decision not to advance legislation. The bill died without reaching a Senate floor vote despite having cleared all assigned committees in both chambers.

Tue 16 Jan 2024 Sent to HPREF - Referrals: HPREF
Thu 18 Jan 2024 Sent to HAAWC - Referrals: HAAWC/HAFC
Wed 24 Jan 2024 HAAWC: Reported by committee with Do Pass recommendation
Tue 06 Feb 2024 HAFC: Reported by committee with Do Pass recommendation with amendment(s)
Mon 12 Feb 2024 Passed in the House of Representatives - Y:61 N:6
Tue 13 Feb 2024 Sent to SCONC - Referrals: SCONC
Wed 14 Feb 2024 SCONC: Reported by committee with Do Pass recommendation
Wed 14 Feb 2024 Action Postponed Indefinitely

Consolidated Bill Text

HOUSE BILL 130
56TH LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 2024
INTRODUCED BY
Jack Chatfield
AN ACT
RELATING TO THE ENVIRONMENT; CREATING A CLOUD SEEDING WEATHER MODIFICATION PILOT PROJECT IN THE NEW MEXICO DEPARTMENT OF AGRICULTURE; REQUIRING REPORTING.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. CLOUD SEEDING WEATHER MODIFICATION PILOT PROJECT--CREATED--ADMINISTRATION.--

A. The New Mexico department of agriculture shall create, develop and administer a three-year "cloud seeding weather modification pilot project". The purpose of the pilot project is to demonstrate the efficacy of cloud seeding as a mechanism to mitigate the effects of climate change and drought.

B. The public interest, health, safety, welfare and necessity require scientific experimentation in the field of artificial nucleation, commonly known as cloud seeding, and scientific efforts to develop and increase natural precipitation of rain, snow and moisture in any form contained in the atmosphere within the state are encouraged in order to develop, conserve and protect the natural water resources of the state and to safeguard life and property.

C. The Roosevelt soil and water conservation district and the New Mexico department of agriculture shall enter into a joint powers agreement to conduct the cloud seeding weather modification pilot project to collect data and design evidence-based weather modification demonstration projects using current and evolving scientific methods of cloud seeding and test the relative benefits of those methods and the potential environmental risks.

D. All water derived as a result of cloud seeding shall be considered a part of the natural water supply in the same sense as if no cloud seeding project had been conducted, and any water so derived shall not be subject to new appropriations but shall be administered and distributed to users in accordance with existing water rights.

E. The act of cloud seeding pursuant to a project funded in whole or in part by the state of New Mexico or authorized by the New Mexico department of agriculture shall not be the basis of any claim of liability.

SECTION 2. REPORTING.--The New Mexico department of agriculture shall:

A. establish forms and criteria for reporting data and recordkeeping and cause a permanent record to be kept of all pertinent data related to the cloud seeding weather modification pilot project or research related to other factors that may be affected by cloud seeding activities;

B. report annually the results of the cloud seeding weather modification pilot project to the appropriate interim committee; and

C. make a final report to the governor and legislature making recommendations for improvements to and the necessity of continuing the cloud seeding project.