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

This bill supports New Mexico’s historic acequia systems by ensuring farmers have access to federal disaster assistance and streamlining the maintenance of irrigation infrastructure on federal lands.

Ben Luján
D

Ben Luján

Senator

NM

LEGISLATION

Acequia Act Secures Disaster Relief and Cuts Red Tape for Century-Old Southwest Water Systems

In the Southwest, water isn't just a resource; it’s a legacy. This bill focuses on 'acequias'—those historic, community-run irrigation ditches that have kept New Mexico green since the 16th century. For the families (parciantes) who maintain these systems, the legislation makes two major moves: it guarantees they get a seat at the table for federal disaster payouts and stops the government from requiring a mountain of paperwork just to clean out a ditch on federal land.

Guaranteed Safety Net for Traditional Farmers

Under Section 3, the bill tweaks the Federal Agriculture Improvement and Reform Act to ensure that if you’re a farmer or rancher relying on an acequia, you aren't left out in the cold when a drought hits. Previously, accessing the Noninsured Crop Disaster Assistance Program could be a bureaucratic headache for traditional systems. Now, the Secretary of Agriculture is required to provide assistance for all losses suffered by these producers following a disaster determination. For a small-scale farmer in New Mexico, this means the difference between losing the family farm after a dry season and having the funds to plant again next year.

Clearing the Path for Maintenance

One of the biggest practical wins in this bill is found in Section 4, which tackles the 'Special Use Permit' problem. Currently, if an acequia runs through federal land, doing something as simple as shoveling out silt or fixing a headgate can require a federal permit—a process that is often slow and expensive. This bill creates a 'permit-free zone' for routine maintenance and minor improvements. As long as you’re doing traditional upkeep like annual ditch cleaning or 'replacement-in-kind' (swapping an old pipe for a new one of the same size), you don’t need to ask for permission. This keeps the water flowing without waiting on a desk officer in D.C. to sign off on a shovel.

Holding the USDA Accountable

To make sure these changes actually reach the people on the ground, Section 5 forces the Department of Agriculture to do its homework. Within two years, they have to hand over a report to Congress detailing exactly how many acequia farmers are out there and how much money they actually received. They also have to analyze how easy (or hard) it is for these farmers to access programs like the Farm Service Agency. It’s a 'trust but verify' approach designed to ensure that traditional water users don't get lost in the shuffle of modern industrial agriculture policy.