By Mary Alice Murphy

The Gila/San Francisco Water Commission met Tuesday, Nov. 18, 2014, to address a relatively short agenda.

The meeting began, as normal, with the Pledge of Allegiance, with at least one male member of the audience, a purveyor of "community news" on the radio, not standing or reciting the pledge. He was active the rest of the meeting, but remained seated during the ceremonial allegiance to the flag of the United States.

GSFWC Chairman Anthony Gutierrez, with a roll call from the county ordinance officer, who records the minutes of the meeting, determined the meeting had a quorum.

Gutierrez asked for public comment. Allyson Siwik, Gila Conservation Coalition executive director, noted, in a written press statement she gave to members of the local press, that the members in the meeting would vote on actions related to a Gila River diversion project that it had already taken outside of a public meeting and in violation of the Open Meetings Act. She said GCC has filed an OMA complaint with Attorney General Gary King last week regarding these unlawful actions.

"Today's votes don't change the fact that the OMA was violated by GSFWC on three occasions," she said. "The facts show the GSFWC is willing to break the law to keep secret its plans for a Gila River diversion project, and then, if caught, hold a public meeting to fill the public in on its actions. ... we need to hold our government officials accountable for their actions."

She alleged the GSFWC unlawfully approved a resolution that prioritizes projects under consideration by the Interstate Stream Commission for Arizona Water Settlements Act funding. At a meeting not noticed to the public, as required by the OMA, the commission approved the resolution and transmitted these project priorities to the ISC that were subsequently integrated into its AWSA staff recommendations released on Nov. 14.

Siwik also said the GSFWC decided to present to the ISC, a financial plan for a Gila River diversion project. "This plan," she said, "had not been discussed or approved at public meeting in violation of the OMA." She said the discussions happened in secret and those involved took "expense-paid junkets to Denver to meet with investment bankers to develop the funding plan."

She went on to say: "This is hugely problematic for our local communities in southwest New Mexico, since there are fundamental flaws with the plan. It's based on outdated and low-balled cost estimates for constructing a diversion project—roughly half of current cost estimates; assumes that 14,000 acre-feet of water can be delivered and sold to water users when the diversion could yield little to no water, according to recent technical analyses; and assumes an overestimate of funds available from the AWSA to subsidize the project." Siwik alleged the funding plan could potentially bind our communities to a "billion-dollar boondoggle."

Siwik also said documents obtained from Inspection of Public Records Act requests show water speculators are potentially involved, "raising the specter of a water grab and privatization of southwest New Mexico water supplies."

She said the community "needs transparency and open dialogue. Will you allow public comment on each item as they are discussed?"

"I think you have already addressed every item on the agenda," Gutierrez replied, "but yes, I will allow discussion, as I usually do, if it doesn't get out of hand."

Donna Stevens, Upper Gila Watershed Alliance executive director, said the group is "adamantly opposed to an ugly diversion" with a "giant footprint," and "an invasive pipeline across private property." She, too, alleged the GSFWC prioritized diversion and storage without open discussion.

"You are conducting public business with less than impeccable integrity," Stevens alleged.

[Editor's Note: Visit http://www.grantcountybeat.com/administrator/index.php?option=com_content&view=article&layout=edit&id=18253 to see an article on what was discussed and by whom.]

Van Clothier of Stream Dynamics made a comment about the proposal to build a water pipeline from the Gila Valley to Deming. "It's like the electricity transmission line you and I had agreed to oppose, Darr Shannon (representing Hidalgo County). This seems like the same type of line."

Sonnie Sussillo, private citizen, said: "When you break trust, you don't go back to zero. You dig yourself into a pit from which you cannot recover."

Allison Boyd said she had lived in Arizona. "For 40 years, Pinal County depleted its aquifer. Then the Central Arizona Project came in. It took 25 years to stabilize the area. Here you can probably get 5,000 acre-feet of water. We, like you in New Mexico, don't want our water to go elsewhere. But you must realize that other reservoirs (editor: she named several) will fill before the water get to the San Carlos Reservoir. I don't think diversion is appropriate. I think conservation is the answer."

Claudia Duerinck said she has always thought: "if you have a complaint, offer a solution. I believe you have very poor communication to the public, as well as notice to the public. I read the paper, even the small notices. You need to have notices in post offices, including in Cliff and Gila. Minutes of the meetings are not available to the public. I was looking for information on a particular entity and I could find nothing. We have a beautiful library in Gila. I will offer my email, for you to send me the minutes, which I can post in that library."

Sara Boyett, private citizen, said she wanted "to briefly relay to you a conversation I had with my brother about 3 ½ years ago. I was thinking of moving to New Mexico. He said: 'I hate to tell you this, but New Mexico is rather a corrupt state. The real blind spot is issues with conflict of interest and transparency.'"

"I want to remind you that no matter how much good you are doing behind closed doors, you have to do it with transparency," Boyett said.

M.H. "Dutch" Salmon, county resident, said: "We need to take an individual look at these items. I have mentioned before that having public comments before the agenda items are up for discussion is like reviewing a book before you've read it. I think you should allow public comment during discussions."

Kyle Johnson, Gila resident, said: "I thank Gutierrez for his discretion to be texting G.K. Baum during a county meeting or was it this group? Gutierrez testified before the legislators that he had been tasked to look at financing. I live near the horrifying, ugly stupid, thing you are a proponent of. Regarding the governor, she declared the year of water, and it was going to be her priority, but she introduced nothing on water during that legislative session."

"Public officials, particularly in Grant County, with the obvious absence of Silver City, you are Democrats," Johnson continued. "With Democrats like these, who needs Republicans? (Commissioner Gabriel) Ramos—it is utterly disgusting to say he was elected by a sweeping majority. On the front page of the Grant County Beat, there is a huge sign saying: 'Keep the water in New Mexico.'"

(Editor's Note: Upon asking Johnson for clarification on the statement about the Beat, he told this writer that he knew it was an ad; he knew who had paid for it, and he "understood" it was to provide funding for the Beat.)

"I look forward to the diligent pursuit of openness in this group, Grant County and the municipalities, who signed on to this proposal," Johnson said. "It's amazing and disgusting that you will sign on this proposal to send the water away. I offer to you who do not wish to be tarred by Gutierrez and his texts that you should resign your positions and give them to those who will have an open and transparent process."

Charles "Tink" Jackson, Luna County manager, said he represents the 25,000 residents in Luna County, who stand united behind this commission's priority.

"At this point, we've heard a lot about openness," Jackson said. "Let's talk about facts. I recently worked for the State Engineer. I worked with Norm Gaume when he was negotiating the Arizona Water Settlements Act. He used New Mexico taxpayer dollars to negotiate this settlement—over a million dollars. Now in the last 60 days before a decision is to be made, he wants to show up and say it has fatal flaws, what he negotiated. Let's ask for his million dollars back. What about the integrity of those trying to throw mud at the process?"

He noted that the penalty for forgetting to send out a notice was that the decisions made in the meeting do not stand. "You can bring it up in another meeting. If you decide it was a violation, you have the opportunity to fix it in this meeting." He said the personal comment against Ramos was wrong. "He's a friend of mine and I support what he said. It is definitely a minority, those who went against him."

Darryl Allred of Catron County said he is still an alternate on the GSFWC. "One thing I noticed when I was attending the meetings is that we had to pay out of our own pockets the costs of traveling. I know how hard it is to sit here. We all make mistakes. It's hard to hear the vitriol. I have never seen you act without the interest of the public in mind. I wish such accusations wouldn't come out in public. I support you to continue to do your work.'

"Sometimes, when you integrity is in question, it makes you mad," Gutierrez said. "Potentially, I could have made a mistake. It was miscommunication between me and my assistant. It was noticed on public TV (Editor: and on the calendar of the Grant County Beat). Most of the actions we take are because, I, as chairman, think we need to do them.

"I met with Senators (Howie) Morales and (Peter) Wirth," Gutierrez said. "I explained to them that the public didn't need to pay for this project. They tasked me to prove the projects can be paid for using private monies. I did tell you about this plan. We talk about integrity. G.K Baum does a lot of financial banking with counties. They just helped us reduce our interest rate on bonds, and kept us from using more taxpayer dollars to pay for the bonds. This plan they came up with, we had no contract, never paid them a dime. All their presentations and my presentation to the ISC and staff were because we didn't think funding was being used appropriately. We said the ISC should look at other funding options. None of the staff's recommendations in their report on Friday was fully funded. I said we should find funding to pay for all these projects. I have brought millions into the county to provide infrastructure that you use every day."

The GSFWC members went into closed session to discuss potential litigation on the three agenda items.

After the closed session, Gutierrez said, no action was taken in closed session. The discussion was on the three items on the agenda.

The first was the resolution approved in the meeting Oct. 31, for which it is alleged it was not properly noticed.

"There was miscommunication on advertising for the special meeting, Oct. 31," Gutierrez said. "This resolution is the same as was presented at that meeting. The only change is the date of the meeting." The resolution was unanimously approved.

The second item was discussion and approval/disapproval of submitting the George K. Baum finance plan to the ISC.

"This was discussed at our last regular meeting of this commission," Gutierrez said. "I presented the conceptual plan to the ISC. I reiterate that there is no contract."

Jim Massengill, Deming public works director, moved to table the item. "I want to table it until we hear more about the financial plan."

Javier Diaz asked for a friendly amendment to receive requests for proposals for financing projects.

"We can advertise for presentations, but I don't think we're ready for RFPs," Gutierrez said. "I think the financing can apply to all of the proposals. The RFP would be premature."

Diaz agreed. The amendment did not stand.

Treasurer Alex Thal asked if the ISC had any recommendations.

Gutierrez said the ISC staff at Friday's Silver City meeting recommended looking at other financing, "because the funding available is not enough."

Don Stailey, representing the Gila Basin Irrigation Commission, said he supported tabling the finance plan, because "we don't have the water."

Gutierrez said the intent was to show that good financing for infrastructure projects is available, just as used by most local governments. The motion to table passed unanimously.

The third agenda item was discussion and approval/disapproval for GSFWC to intervene in the ISC litigation concerning violation of the Open Meetings Act.

"Our OMA does not mention anything about the chairman being able or not being able to intervene in litigation," Gutierrez. "It was a matter of timing. The request had to do with the temporary restraining order preventing the ISC from meeting. I thought the GSFWC would feel the greatest impact. I don't know if it was a violation, but I took it upon myself to make the decision."

"Because of the impact on the Gila and the AWSA, I move we approve the GSFWC to intervene with the ISC on alleged violations of the OMA," Vance Lee, representing Hidalgo Soil and Water Conservation District, said. It was seconded and passed unanimously.

In old business, commissioners had no discussion on public outreach. Thal gave the treasurer's report, which stands at $7,000, but he did not have the numbers for the reservation fund.

Lee said the Communications Committee met and has recommended to further communicate with the ISC regarding the group's becoming the Central Arizona Project entity, "should there be a CAP unit."

"Secondly, we recommend communication with the ISC on financing on underfunded projects," Lee said. "We should recommend to staff and the ISC that we feel the projects were underfunded."

"My understanding is that those given on Friday were only recommendations," Gutierrez said. "The ISC could not make decisions that day because of the restraining order prohibiting making decisions."

Thal suggested forming a Finance Committee.

The next meeting was set for 10 a.m. Tuesday, Dec. 16, at the Grant County Administration Center.