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NEW MEXICO STATUTES AND CODES

Section 75-8-2 - Conditions.

75-8-2. Conditions.

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

(1)     the development of comprehensive plans to monitor all impacts of control activities and to restore native riparian vegetation throughout each project area;   

(2)     the provision of sufficient funds to undertake those restoration activities; and   

(3)     the approval of all control, restoration and monitoring plans by the New Mexico department of agriculture, the department of game and fish and the department of environment in consultation with the interstate stream commission.   

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.   

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