PolicyBrief
S. 228
119th CongressJan 23rd 2025
Acequia Communities Empowered by Qualifying Upgrades for Infrastructure Act
IN COMMITTEE

This bill aims to provide drought and disaster assistance to farmers and ranchers who rely on acequia systems and streamlines acequia maintenance on federal lands by removing the requirement for special use permits for routine activities.

Ben Luján
D

Ben Luján

Senator

NM

LEGISLATION

Acequia Aid Bill Streamlines Disaster Relief, Cuts Red Tape for Traditional Water Systems: New Rules Kick in Immediately, Report Due in Two Years

The "Acequia Communities Empowered by Qualifying Upgrades for Infrastructure Act" (ACEQUIA Act) is all about making sure farmers and ranchers who rely on traditional acequia water systems get the help they need. Acequias, if you're not familiar, are community-operated irrigation ditches that have been around for centuries, mainly in New Mexico. They're not just about water; they're a key part of the local culture and economy, recognized as actual political subdivisions by the state. (Sec. 2)

Watering the Roots

This bill is doing a few key things. First, it ensures that these acequia-dependent producers are eligible for disaster assistance when the Secretary of Agriculture declares a disaster. (Sec. 3) Think crop losses due to drought – the bill makes sure these farmers and ranchers are covered. For example, if a farmer in Taos relies on an acequia for their chile crop, and a drought hits, they're now in line for the same disaster relief as anyone else. Second, the bill cuts through some serious red tape. Acequias often cross federal land, and normally, any maintenance would require a special use permit. This bill says no more to that for routine maintenance and minor improvements. (Sec. 4) We're talking cleaning, repairing, even replacing infrastructure with similar items – the kind of stuff that keeps the water flowing. This applies to anyone authorized by the acequia's governing body – employees, contractors, even volunteers (Sec. 4). This means less paperwork and faster action when the ditches need work.

Keeping it Flowing

Now, there are always practical challenges. While the bill defines "routine maintenance," there's always a chance someone could try to stretch that definition. (Sec. 4) What if "minor improvements" start looking a lot like major construction? That's something to keep an eye on. Also, while the bill aims to streamline things, it's adding a reporting requirement. Within two years, the Secretary of Agriculture has to report to Congress on how many producers rely on acequias, how much disaster assistance they're getting, and how well they can access other federal programs. (Sec. 5). The report is a good thing and will give us a better understanding of the needs and challenges of producers who rely on Acequias. The challenge is that a report takes time and resources, but in this case, it is a reasonable ask.

The Big Picture

Overall, this bill is a solid step toward supporting these vital, traditional water systems. It acknowledges the crucial role acequias play, not just in agriculture, but in the overall health of watersheds and forests. By ensuring disaster relief and cutting red tape, it's helping preserve a way of life and a valuable resource. It fits in with existing laws by amending the Federal Agriculture Improvement and Reform Act of 1996, specifically to include acequia users in disaster assistance programs. (Sec. 3)