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Published: 08 October 2014 08 October 2014

 

Editor's Note: This is the third and final report of the Tuesday Grant County Commission meeting.

By Mary Alice Murphy

At the Tuesday, Oct. 7, 2014 Grant County Commission meeting, a controversial resolution brought out a standing-room only crowd.

The resolution was described on the agenda as a resolution in support of the allocation water connected to the AWSA (Arizona Water Settlements Act), plus identifying the Gila/San Francisco as the CAP (Central Arizona Project) entity to actually contract for the water.

The 2004 AWSA allocates up to 14,000 average annual acre-feet of water to the Gila and San Francisco basins, as well as $66 million, which has now grown to $90 million, for water supply demands and an additional possible $62 million only for construction of a New Mexico Unit. The deadline, as stipulated in the Act, for the Interstate Stream Commission to make a decision on whether to notify the Secretary of the Interior of the state's intention to use the water by creating a New Mexico Unit is Dec. 31, 2014, with a predicted ISC decision in November. The amount of water that can be taken from the river at any time is regulated by the Consumptive Use and Forbearance Agreement, which is part of the Act.

 

County Planner Anthony Gutierrez, who is also GSFWC chairman, said the resolution follows the full intent of the Act to replace water, which was lost to southwest New Mexico and Gila River water rights holders through lawsuits by Arizona and California, in the 1960s.

"There are questions about how much money will be allocated in the long run, depending on interest rates," Gutierrez noted. "Section 212 of the Act names the Southwest New Mexico Water Study Group, of which the Gila/San Francisco Water Commission is its successor to serve in consultation with the ISC on expenditures from the New Mexico Unit Fund."

He said he gave a presentation on a financial plan at a recent ISC meeting. "Not only could non-diversion alternatives be funded with this plan, but also a diversion. We want to keep the water in southwest New Mexico, and we want the Gila/San Francisco Water Commission, which is made up of representatives of governmental entities, and acequia and ditch associations throughout the four counties. Yes, we have learned individuals on the commission, with county commissioners and county managers. This resolution would make us poised to be the CAP entity to contract for the water."

Kasten noted that because the town of Silver City is not part of the GSFWC joint-powers agreement that the resolution wording should be changed. County Attorney Abigail Robinson suggested the word "every" be removed and "participating" be added.

Kasten then asked for public comment.

Kim Clark said, that as a fifth-generation Grant Countian, she would like to support the Gila/San Francisco Water Commission as the CAP entity.

Allyson Siwik, Gila Conservation Coalition executive director, handed to the commissioners the copies of a document that she had earlier in the meeting promised to deliver.

Teja Clark, Aldo Leopold High School junior, cited the definition of sustainability as creating a world for future generations. "You have the future generations here (pointing to the ALHS students lining the walls) going against what you are supposed to be doing for the county."

Richard Martin, an ex-San Diegan, said he watched in California as hundreds of billions of dollars were thrown at water projects, and "they haven't solved the water issues. I caution you—I don't think what I saw in the Interstate Stream Commission and this water commission that they can handle billions of dollars. I don't understand why you want to invest billions on water that is not ours, but belongs to Arizona. I agree it would be good to keep it here, but I don't see why you should go off financial cliffs, so citizens have to pay for what the government allocates. I worry about financing the $800 million the government won't pay for. I agree we should spend $90 million to fix ditches and get water for Hurley, but this expenditure won't change water rights that don't belong to the Gila River."

Starr Belsky, Silver City business owner, said she has lived 11 years in the community. "We love it here, including the contentiousness. I have read the economic part of the final (Bureau of) Reclamation report to the ISC. The values are pushing $1 billion. There was a lot of bad news in that report by Steve Piper. One study points out that we are looking at potentially double or triple the costs projected. It will hit those with low incomes and fixed incomes the hardest. It has also been highly disputed that a project will meet the expected future needs. (Former ISC Director Norman) Gaume has a lot to say about what will be readily available."

"How much is the water worth, if you don't have any?" Belsky asked. "It's a good question. The area can't continue to grow forever. How much growth can the area sustain and how much economic development is dependent on water? You will be remembered for sequelae—a medical term (meaning medical consequences)—and for the tax burden on the rest of New Mexico.

"You, Anthony (Gutierrez), met with Mark Valenzuela of a bond consulting firm, on how to finance beyond the amount you may get," she continued. "What were the suggestions made to address the financial shortfall? I do agree with local control."

Austin Hines, an ALHS junior, spoke to the commissioners: "It is a moral error not to remember Ella Myers, Ella Kirk and Michael Mahl. If they were still alive they would be the first to fight for keeping the Gila River free. The Gila means so much to many of us, who would agree the Gila should run free. If a dam is built, it might be for naught. Dams are being torn down, and this one might meet the same fate. For the future generations, I hope you make the correct decision."

Ken Barr, who said he had come in his capacity as a citizen and not as a member of the Grant County Food Policy Council or the Mimbres Valley Health Action League, said there had been no mention of "this project" at either of two Local Conversations he had recently attended. "All comments were about the lack of money to meet issues, such as food security, transportation and medical needs. Each community has different needs. The results will be published, so commissioners know what people think. I do not support a Gila diversion. Who do you represent?"

Allison Boyd said she had attended most of the ISC local meetings, as well as taking a couple of trips to Albuquerque to see the regular ISC meetings. "The AWSA gave us $66 million. Hidalgo and Catron counties had modest proposals, but I see Luna and Grant counties forging ahead. I know the prices will double, triple or even quadruple over time. A diversion risks the ecology. Such a plan would squander money before the first bulldozer touches the ground. No jobs will come out of a diversion, but there is a high probability of financial ruin for the counties. Use the $66 million to invest in projects now."

James Goodkind, county resident, said the commissioners had heard a lot of testimony that he would not repeat. "I do want to say I've seen a lot of economic scams. This building was a result of cronyism and corruption. Any diversion project will be similar. This proposed project has nothing to do with water, but is a grand construction project. Let's ignore the value of the water and the habitat. This project has a bad cost-benefit ratio. Would any bank take it on without having government taking on the risks? I don't know if I'm talking to commissioners who have an open mind. I suggest we have your names put on a plaque, so we don't forget what you've done."

M.H. "Dutch" Salmon of the Gila Conservation Coalition said: "When you start with a bad resolution, it inspires a counter resolution: Whereas $1 billion would provide 5,000 acre-feet of water; whereas Balleau Groundwater Inc. shows natural recharge of the aquifer; whereas, Freeport has 60,000 water rights and is using only 15 percent; whereas a New Mexico Unit will cost destruction of the Gila River and habitat, not to mention a couple of my favorite fishing holes; therefore I take this resolution and pound it down a badger hole, where it belongs."

A sophomore student, with the last name of Madrid, spoke forcefully to the commissioners: "Do you understand you are going to destroy endangered species? Why don't they count for you people? Ella Kirk took a petition to the governor and got turned away as garbage. It wasn't garbage. This project will destroy Silver City, so you can get money and suck up to the big guys."

Madeleine Alfero of ALHS said she would like to point out the social impact "on the world I would like to live in. We should use natural resources effectively. We have enough water." She asked those present to stand if they were against a diversion. "The majority of the room stood. Many of them just got back from backpacking on the beautiful Gila River."

Commissioner Gabriel Ramos thanked Alfero for being civil and professional.

"I am a lifetime resident on the Gila River," Gutierrez said, "but I also represent the farmers and ranchers who no longer have a value-added product as they did when I was a child. In Gila, we used to have gas stations, stores, restaurants. We have none of that now. The longtime diversion of the river to form Bill Evans Lake has brought economic development to the region. The birding area is downstream from that diversion. The NEPA process will uncover anything that hasn't been already discovered. This resolution does not agree with a particular proposal. It establishes only the CAP entity for a proposed New Mexico Unit.

"Hanover has run out of water several times," he continued. "Santa Clara and Bayard continue having trouble meeting water needs. I don't think wells are the answer. This resolution is only taking a stance on using the water and having local control of it."

Silver City Town Councilor Guadalupe Cano said she, since she has been in office since March, has spoken to more than 100 people, and "not once have I spoken with anyone wanting a diversion."

Ramos said he, too, was fifth generation in the county, as well as a business owner. "It is our job as commissioners to provide for the citizens. We have to look at what the future holds for those who consume and will continue to live here."

The students and most of the audience left the meeting after the commissioners approved the resolution, and after several booed the commissioners.

A bit later, Esther Jamison from Aldo Leopold High School came into the meeting and asked to speak. "Many students were embarrassed by one student's outburst. You will receive an apology from that student."

Ramos thanked her and said: "We don't just look at the squeaky wheel. We're been working on this for years. We will continue to try to make the best decisions we can."

Commissioner Ron Hall said he is impressed with the ALHS administration that puts a different light on things.

"They are students and still learning to be citizens," Jamison replied.

Pat Dunn, audience member, who stayed throughout the meeting, said: "If those kids were not here at their age, they wouldn't be here at my age."

This concludes the reports on the Oct. 7, 2014, Grant County Commission meeting.