RIO RANCHO — Will the special session of 2009 turn out to be a repeat of history, specifically of 2007 when the state Senate defied Gov. Bill Richardson by walking out without taking action?

Democratic state senators on Sunday will decide whether to tempt fate again and walk out on a governor banking on spending for his priorities.

The topic of walking out will come up as an option Sunday when Democratic state senators meet to discuss strategy for the Aug. 15 special session, two senators confirmed Wednesday. "Obviously that is an option especially if the revenues fall even further," said Sen. John Arthur Smith, D-Deming, co-chairman of the powerful Senate Finance Committee.

Adjourning sine die — Latin for not setting a date for future action — on the first day is "always on the table," added Sen. President Pro Tem Tim Jennings, D-Roswell. "We have to talk."

Richardson’s office declined to comment on the possibility of a Senate walk out Wednesday afternoon. Or on whether he is considering calling off the special session.

Talk of a walk out is no idle threat from the state Senate, generally viewed as the more independent of the Legislature’s two chambers and one that has often clashed with Richardson, including its decision to walk out several times during a 2007 special session much to Richardson’s chagrin. Under the state constitution, the chamber must return in three days if the other chamber is still meeting.

The potential for a standoff over the special session has increased in recent days as some state lawmakers have cited the likelihood that the spigot of ready cash from oil and gas tax revenues is slowing to a trickle.

Prices for natural gas and oil are sharply down from last month when revenue projections were completed. Now some state lawmakers worry that instead of a $392 million surplus in new money the state may be short of money because of the volatility of the oil and gas market.

"There’s no money," Smith said before adding that he and the governor met last week. "That’s why I (said)  I wanted renewed projections."

Smith said his concerns are about the state’s financial health and that he takes very seriously the responsibility of fiscal prudence. The governor, on the other hand, is another matter, Smith said.

"He takes very, very, very seriously the responsibility to spend," Smith said. "He spent too much time in Washington, running a deficit."

Jennings added, "What would you do? You’re sitting betting on money that you don’t know if you can expect?"

The governor has said he wants the Legislature to agree on spending hundreds of millions of dollars on tax rebates and health care coverage for more New Mexicans as well as 13 road construction projects that were postponed last year due to a shortfall in funding.

There is no love lost between the Richardson and the Senate, which often has blocked the governor’s priorities and which, in return, has felt the brunt of his anger.

Another option Democratic senators will likely discuss Sunday is whether to run legislation during the special session to restore $7 million in money for brick-and-mortar projects that Richardson vetoed during this year’s Senate session.

All the vetoed projects came out of the Senate’s money for capital outlay — or pork. Not a single House project was vetoed.

"We’d like it back," Jennings said. "It is not a bargaining chip. He was within his rights. I wouldn’t do it. But we think we should get it back."