Editor's Note: The meeting will be covered in two articles. This is the first one.

By Mary Alice Murphy

The first item of business was public comments. The first speaker was Allyson Siwik, Gila Conservation Coalition executive director.

"You have an agenda item to send a specific request to be the CAP (Central Arizona Project) entity for the Arizona Water Settlements Act," Siwik said. "I have several questions."

She said she knew the commission had hired the Domenici Law Firm to amend the group's joint powers agreement to allow the commission to become the CAP entity.

"I'm not sure what you plan to do," Siwik said. "There is a menu in the AWSA of what the CAP entity is allowed to do. Are you planning to do any, some or all of them? I haven't heard that discussion."

She also pointed out that being the CAP entity would place liability for the group, and the governmental entities and quasi-governmental entities represented in the GSFWC.

"Financing is also questionable," Siwik said. " Maybe some of those experts are in the room today. The September presentation to the Interstate Stream Commission was not sufficient to fund all the projects. At the ISC, the staff said it would cost $740 million. The George K. Baum presentation says its proposal can raise less than half a billion dollars."

She noted that a lot of the $66 million has already been spent on planning and studies, and that the additional $62 million available for a New Mexico Unit is based on 4 percent annual interest or betters, and with interest rates over the past few years, hovering around zero percent, it is highly likely only $32 million will be available. About 10 percent to 15 percent of the construction planning will come out of the $66 million.

"These are huge overestimates by George K. Baum on how much money is available," Siwik said. "G K Baum also estimates the entire 14,000 acre-feet of water will be available. ISC staff member Ali Effati said there would likely be 8,000-10,000 acre-feet of water available annually. G K Baum assumes there will be 14,000 acre-feet available to deliver and sell. The financing plan is a rosy picture. I hope we will get answers from Mark Valenzuela.

"You are making a commitment to a $1 billion endeavor," Siwik said. "I hope you will ask lots of questions and be cautious."

Gerald Schultz, representing New Mexico Resource Conservation and Development, said the El Paso Times in Monday's and Tuesday's issues had an article on the groundwater levels going down drastically because of being pumped excessively. "It is rather alarming."

He noted that California has received rain, but most flows off into the ocean. "Their groundwater is also down. We don't overpump here, but we have to get a good handle on how much groundwater we really have."

Schultz also noted, from his experience with the Bureau of Reclamation that it would take several years for the NEPA process. "A lot of the things Allyson brought up will be covered. I don't see how the NEPA process can be influenced. It has backed off some from its earlier strictness, but it is still a strict watchdog."

Charles "Tink" Jackson, Luna County manager, said, in his opinion, the CAP entity decision should have been done at the last ISC meeting. "It's only a year away to the deadline to name the CAP entity. You have to start pushing hard what should have already been done. As for the Baum presentation, I don't see anyone else stepping forward with a proposal. It is the only one that has come up with a finance plan. I encourage you to approve both resolutions."

Sara Boyett, representing Southwest New Mexico Audubon and herself as a taxpayer, said: "At this point in the 10-year process, I think you should step back and think seriously about what you're doing. You need to stop the momentum."

"I wish all of you could be advocates for non-diversion projects that could yield more water than a risky diversion project," Boyett said. "I wish you would choose the moral position to consider other proposals from all four counties that the ISC chose to fund at disgustingly paltry amounts."

She said the word is coming out of Santa Fe that this project is not going to happen for the same reasons Hooker and Conner dams failed. "There are insurmountable obstacles under the NEPA process. I see seven endangered species. The project can't be done."

Boyett said if the ISC continues its studies, it would end up spending all the money "when your constituents could be benefitting now. It would be a shame for the money to be wasted in a pre-doomed attempt, even if in your fondest hopes and believing you're doing what's right."

M.H. "Dutch" Salmon, GCC member and county resident, said: "Allyson mentioned the $1 billion. I have to wonder why anyone would want to sign up for that. These is water on both sides of the Continental Divide—4,000 acre-feet on the west side and on the east side, mining water rights and what's in the Mimbres Basin. In the past, the Bureau of Reclamation has done a comparison between the cost of water rights. The cost benefit analysis shows it would be much cheaper not to do the project and use the available resources for non-diversion. I don't think this project has a chance in the world."

GSFWC Chairman Anthony Gutierrez introduced the new business resolution and said: "It was the original intent of this entity to be the CAP entity. The intent of the Act was to secure water for New Mexico that was lost to this area in the 1960s."

"We received good comments today and I agree that the projects cannot be sustained by the available funding," Gutierrez said. " The only way to get the water is to take the bull by the horns to find ways to do it ourselves.

"My job is to take local government or local entities' projects, such as small water associations, and help them improve infrastructure and find ways to fund them," Gutierrez said. "I wrote the draft letter to send to the ISC requesting we be named the CAP entity."

Treasurer Alex Thal said he thought the letter was well written, but added he thought it would be worthwhile to cite the JPA and the section in the AWSA that has the duties to show "we're pulling from the AWSA and our own JPA."

"Our attorney received the JPA and felt it was fine for right now," Gutierrez said. "He looked at it and said it has language that allows us to organize as the CAP entity."

Vance Lee of Hidalgo Soil and Water District said he agreed with Thal that the letter should be embellished with portions of the Act and the JPA. "We were involved in this process before the AWSA was even signed. I think we started meeting in April 2004."

Gutierrez said he would research it and insert the date into the letter.

Siwik noted again that she had never heard a discussion on what the group specifically wants to do as the CAP entity. "You don't have to do all of them. Have you talked about this as a body? Are you interested in designing, planning, building or just managing the water and selling it? Isn't that part of what you're asking for?"

Gutierrez said: "We've been discussing this for 10 years, how we want to do specific items. One factor we're leaving out is whether the ISC will name us as the CAP entity. They have a year to do it. We want to let the ISC know we want to be consulting on all of it, including financing. We want to take it all on. Potentially, we can do a JPA. We're not saying we want to design, but we want to be in on these discussions. "

Thal said he had received a bill from Domenici and needed to know how much will be needed. Gutierrez said the entire project had not yet been billed for.

Thal also suggested the letter by run by Domenici. "We're been talking about this for years. He may have more ideas on how to get a response from the ISC."

Everyone jumped when the fire alarm went off, but were informed it was a test.

Schultz said he presumed the letter had been edited and pointed out a correction that needed to be made. Gutierrez said he would make the correction and run the letter by Domenici.

The next article will include discussion on a second resolution and complete coverage of the meeting.

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