By Mary Alice Murphy

At the Tuesday, Oct. 27, 2013 meeting of the New Mexico Central Arizona Project Entity, in addition to hearing presentations from the U.S. Bureau of Reclamation and the Interstate Stream Commission, several items of business, old and new, were addressed to keep the Entity moving forward.

Darr Shannon, NM CAP Entity president, called for public comment. Aaron Sera, Deming city manager, asked that "we do not allow any personal attacks on members or anyone in the audience."

The first to speak was Ronnee-Sue Helzner, Pinos Altos resident. "I agree that the best use of high flows of the Gila River is in New Mexico. I understand water rights. But I disagree that the CAP Entity is the best use of Arizona Water Settlements Act funding. € 

She alleged that if the Secretary of Interior signs the New Mexico Unit Agreement, it would create a conflict with provisions in Sections 9501 and 9504 of the Secure Water Act of 2009 protecting aquatic ecosystems, species, sustainability, and ecological resiliency, because proposed structures reduce ecological resilience.

Donna Stevens, Upper Gila Watershed Alliance executive director, said an editorial in the Albuquerque Journal from New Mexico Voices for Children pointed out that child poverty in New Mexico has worsened, with 30 percent of the state's children living at or below poverty level. "The state is also at the bottom in per pupil expenditures in schools. That's a societal problem. The editorial concludes that New Mexico should use its limited resources on children rather than on a water structure. Let's start living within our water budgets and use the available $85 million for alternative water projects."

Margaret Fairman, who said she owns a small business in Deming, explained that during her and her husband's years of living in a motorhome with a limited water supply, they made do with what they had until they could fill up again. "The big selling point of why we chose Deming was its delicious water and the huge aquifer under it that studies show is not depleting like we have heard at these meetings. I am adding my voice opposing this huge project. Use the funding for alternates and use it wisely."

M.H. "Dutch" Salmon said at the last meeting he heard and believed "people having heartburn over the price tag of this $1 billion boondoggle were not being accurate. The estimate is based on a Bureau of Reclamation study and on the amount of water available, including loss to evaporation and seepage. You talked about downsizing the project. The better idea is to downsize to elimination."

"The CUFA (Consumptive Use and Forbearance Agreement) requires a 350 cfs pipeline," he continued. "I don't think the project cost will benefit from downsizing. In 1986, I self-published a book on the Gila River. This example is analogous to downsizing. I borrowed $4,000 for 2,000 books. I could have paid $3,000, but received only 1,000 books, so they were more expensive per unit. For $1,000, I would get only 100 books.

"We are looking at economies of scale here," Salmon said. "The first acre-foot of water will cost a bundle. As this investigation continues, the environmental community, this entity and the media need to keep their eyes on the Interstate Stream Commission, which tends to hire people who will tell them what they want to hear."

Sara Boyette, representing the Southwest New Mexico chapter of The Audubon Society, said the local chapter's founding was prompted by an earlier dam proposal. "I get it where you're coming from. I grew up in Duncan and Virden. My dad drove a cotton gin truck from Duncan to Deming. But I want to speak on behalf of The Audubon Society. When you visit a national wildlife refuge, think Audubon. I'm saying to you that when this process started you were on a regional stage. Suddenly you are on a national stage, especially with a national media outlet here recording this meeting. [The Discovery Channel] I call you back to your fiscal values. You have the opportunity to lead and conserve."

Allyson Siwik, Gila Conservation Coalition executive director, had quick requests. "I would like to request for transparency that you all explain some of the agenda items before the discussion. For instance, what is the options committee going to do? You have three guests on the agenda. I request the public be allowed to ask some questions."

Carol Beth Elliott said she had heard a lot of public comment from representatives of groups of 200 members plus. "All of them oppose the idea. We don't hear anyone coming up for three minutes supporting the project. You must have people that support you. I would like to hear from them why this is a good idea."

The first "guest" to present was Vivian Gonzales of the Phoenix Office of the Bureau of Reclamation.

"This is a brief update and talk about next steps," Gonzales said. "The New Mexico Unit Agreement is on its way to D.C., to be signed by Nov. 23. We will develop a memorandum of understanding with the secretary. We need to define the project features."

Jeff Riley, head of engineering at the Phoenix Office of Reclamation, said before the department can get the NEPA process into full swing, "This Entity needs to put together a technical team. We believe that Reclamation experience would be of value on the team. We would like to be part of this group. Right now, we are the design entity. This project is part of the Central Arizona Project, so it has to be designed and constructed to Reclamation standards."

"Our involvement could help identify early on if there are any problems," Riley continued. "We can assist, in liaison, with rules to navigate the turbulent waters of federal agencies. This is the correct time for the authority to design to be transferred to the Entity. We can request it at any time or it can be a combination of activities."

Allen Campbell, representing the Gila Hot Springs Ditch Association, asked if Riley could speak to what type of partnership would be needed if the CAP Entity requests to do the design.

"Our level of activity is up to the ISC and the CAP Entity," Riley replied. "We can be at as high a level as you want or just a consultant on the actual design."

Campbell said the technical team had just been formed. "We need to understand your willingness to participate with us."

"We are definitely available to attend," Riley said.

Kim Abeyta-Martinez, non-voting CAP Entity member representing the ISC, said she understood the need for Reclamation to review for standards. "Do we have to have an agreement with you and pay you?"

"Probably not for the period of time needed to be paid," Riley said, "unless you want more engineering and design. Then we would need to be paid."

To clarify, Riley said the Entity does not need to request authority for all the design, construction and operations and maintenance at this time. "There are different levels in each that we haven't thought of."

Shannon asked if Riley had an idea whether the Secretary of the Interior would sign the New Mexico Unit Agreement. She pointed out later in the meeting that the AWSA states the "Secretary of the Interior shall sign..."

Riley said he could not speak for the secretary.

To question about schedule for the next four years and for the short term, Riley said the first thing that needs to be done is to define the project, preferably by next spring. "Some NEPA activities can begin, but they can't get far. When the design of the project with the technical team, occurs the sooner the better, the NEPA-related activities can get started. Beyond that, separate activities will be put on the schedule. The ISC and Reclamation are joint NEPA leads. Once the project is identified, then there is an aggressive schedule for NEPA."

Stevens asked how NEPA could be done with only a 30 percent design level.

"Generally, a 30-percent engineering design gives you a very good idea of a project for NEPA," Riley said. "It also gives you an idea of costs so the Environmental Impact Statement can be completed. Yes, some things may get to 100 percent design before they are addressed."

Helzner asked if in the scoping for the 30 percent design if public input would be allowed, because the U.S. Forest Service is involved in many parts of the project.

Riley said the USFS would likely be a cooperating agency, and the potential would be for it to have its own agreement with the ISC and Reclamation.

Craig Roepke, ISC staff for the Gila project, gave a presentation on water yields.

"There has been a lot of discussion about whether there is enough water, so I will present a water yield study," Roepke said. "There are some assertions that no water yield studies have been done."

He said a water yield study was done in 2002. "It was predicated on using Mangas Creek for storage, but it was passed over because of environmental concerns. We have done water yield studies continually throughout the process. We have a list of yield studies. We have 17 to 20 different yield models, with different configurations, different costs and different operations."

"This is a reservoir yield model and what it needs," Roepke said. "It needs a good estimate of the supply into the reservoir, with physical constraints in diversion, facilities, capacities and climate. It needs a good estimate of losses through evaporation, taking into consideration climate, temperature and topography, and seepage, with geologic technical data. Also needed is a good estimate of demand, with an operations scenario of how much, when and where.

"To get a good final yield study, you need a good 20 percent to 30 percent design," he continued. "NEPA requires enough information to see what the impacts are to the environment. You usually don't even need 30 percent. In Albuquerque for the San Juan-Chama project, they did it with 20 percent to 22 percent."

He said the uncertainty of climate is a consideration. Roepke gave an example of a glass of water. "You can stick in one thermometer, but it is better to put in a bunch of thermometers and leave them until each gets to a stable reading. Say the readings average 71.6º. If the standard deviation is 1.1º, the temperature is between 70.5º and 72.7º. If you let the thermometers sit and calibrate, you might get disparate readings that average 72º, but the range could be from 45.4º to 98.6º giving a standard deviation of 26.6º. That's not a very confident measurement."

Roepke said he used The Nature Conservancy Drought Monitor as a basis for projected changes to stream flow. "I used this one because it was conservative. But even so, the average flow had a standard deviation of 20.3 acre-feet. This does not give a whole lot of confidence to predict climate. The Nature Conservancy weighted the models to how well they could predict fast flows. They did the best they could do. The low flows were predicted to decrease, but the very high flows were predicted to increase."

[Editor's Note: It was not possible to read the numbers from afar, because they were tiny on the wall.]

Roepke told the Beat later that he was showing examples of possible scenarios without any predictions.

"You can match outcomes with this diversion model," he said. "It includes all constraints from storage to the San Carlos Reservoir requirements. They are all in this model.

"Using linked models, we can get a bunch of different results," Roepke said. "The seepage rate was based on Bill Evans Lake. If you line the reservoir, it will be less. The AWSA allows a maximum diversion of 350 cfs. The ISC has always used 150 cfs as a minimum flow, which is 2½ times the median flow. Even if you say no diversion until there is a minimum flow, everything is linked, so it will be a tool for the CAP Entity and the public to see where they want to go.

"Before we can get to a defensible yield study, the CAP Entity needs to decide the project," Roepke said. "You can't come to a final answer until the physical construction is decided."

Linda Pecotte, area Realtor, asked if the model were available on the website.

"We haven't published them, because the public tends to seize on them," Roepke said. "These are all preliminary."

Siwik pointed out he had said the tool would be useful for the public and the Entity. The model for the CUFA, the public could not use, because it doesn't know the assumptions used. "We want to make sure the assumptions, macros and formulas you used are accurate. I hope the ISC will provide all this information."

Roepke said when Norm Gaume, former ISC director, "got our model, it had conservative errors. What Gaume found was higher production. We tried to use the Sandia model, but, as Peter Russell pointed out, when you tried to move things, nothing was happening. The ISC would welcome similar interaction with the public as in the development of the Sandia model."

"That's good," Siwik replied. "Models tend to be black boxes. We didn't have the yield models, but before we use them we need to know the assumptions."

Boyett said she had a brief question. "I have grasped from prior meetings there is different geology between Bill Evans Lake and Spar Canyon.

Roepke said Bill Evans Lake is built on granite; Spar Canyon is underlain by feldspar, which is not that disparate from granite.

"There may be seepage in Spar," Roepke conceded, "but it might be more and it might be less. To know you have to do borings. That's why we hesitate to put these out, because they are only assumptions. The Entity has to look at what it will decide on a project, physically and fiscally."

Carol Morrison said she remembered from an ISC meeting in Santa Fe, she thought last November, that she asked David Anderson the bottom line for available water and he replied 7,000 annual acre-feet.

"What David was referring to was the evaluation by independent experts, who said the area could realize 7,000 -9,000 annual acre feet," Roepke said.

Wendell Hann of the Gila Farm Ditch asked if the model would be published and if there would be a guidebook.

"I would prefer to do something like have a group of interested public stakeholders and members of the Entity to delve into it," Roepke said.

Ryan Jameson, representing the Fort West Ditch Association clarified that Roepke was talking about the 10,000 acre-feet allocated in the AWSA from the Gila Basin and not including the 4,000 acre-feet for the San Francisco. Roepke confirmed he was talking only about the Gila Basin.

Campbell asked about seepage. "Seepage is not lost water. It is only lost to pumping, right? With low flow and seepage, wouldn't it be a benefit to the river?"

Roepke said yes, it would be keeping water in the river, but in building a project, seepage would hurt the ability to take water. "Seepage is not a loss to the system."

In old business, members discussed attorney selection. Sera said, as the second fiscal agent, Deming had received two proposals, one on time and one late, although it was postmarked in time. Member of the selection team, Vance Lee, representing Hidalgo County, recommended a repeat process with a broader reach.

"We will keep the one we received on file," Sera said, "and re-advertise the position."

Anthony Gutierrez, member of the selection team as a Grant County alternate to the Entity, said the team didn't even score the résumé received. "We created a scoring system, but didn't use it, because there was no competition."

Brett Kasten, Grant County representative to the Entity, asked if the re-advertisement would be to more outlets or the same ones. Sera said he would expand it to the Albuquerque Journal and the Las Cruces Sun-News.

The re-advertisement was approved.

The chairman of the Scope of Work committee, Jim Massengill, alternate for the City of Deming, said the recommendation from the group was to assume the lead for the design. "We ask for formal action at the next meeting. We will write a formal letter to the Secretary of the Interior following the executed New Mexico Unit Agreement. We will also consider bringing in Reclamation."

Sera recommended continuing to have updates from the committee until the unit agreement is signed.

Kasten pointed out that the only action on the agenda was to approve the report, which the members did.

Shannon said the discussion on whether to allow representatives from Reclamation and the ISC to be part of the scoping group would be on the agenda at the next meeting.

An update on the draft MOU between the ISC and the city of Deming to be second fiscal agent had been written by Deming representatives and their city attorney Jim Foy.

Abeyta-Martinez said it was in the hands of the ISC, which was adding terms. She also said it would likely be finished by the end of the week.

In new business, a discussion took place on the job duties and salaryfor an executive director position.

Sera said the city of Deming incorporated in the job description everything that was required by the city, because the person would be an employee of Deming. "If you approve it, we will take it to the City council for approval on Nov. 9. The position could be a 20-hour a week job or full-time. We can get the ball rolling before the unit agreement is signed and hold off on hiring until after the signing. I believe this job should be full-time."

Abeyta-Martinez asked if the position would have benefits, would be housed in Deming, on a contract and/or on probation.

Sera said the position would follow the city of Deming process, as an exempt employee, with benefits, possibly on contract, but probably not and there would be a six-month probation period.

Abeyta-Martinez noted that in the MOU, any contracts by the second fiscal agent would be terminated if the second fiscal agent agreement ended. "There may be a time when all work stops."

"I might add that we have not agreed to those terms yet," Sera said. "With a new council or a new mayor, things could change. We would begin adjustments if that happened, so little time would be lost."

Abeyta-Martinez said the MOU has been drafted to say the second fiscal agent ends on June 30, but "we can add terms that it can be amended yearly."

The second item of new business was to allow the second fiscal agent to advertise for the executive director position. Sera said if the council approved the position, the town could begin advertising for 30 days, then 30 days for evaluation, which would bring the person on at the earliest in January or February.

Kasten said he understood the person would be a Deming employee. "Can members of the Entity be part of the evaluation process?"

"Yes, that is our intent," Sera said.

The members approved that advertising should begin.

In discussion on budget adjustments, Sera said the budget was for $200,000. "All we would need is to be able to switch funding between line items."

Abeyta-Martinez said the MOU is silent on the issue, but if the budget does not change, "we can ask for ISC approval to change between line items."

Jameson asked if the exchange costs needed to be shown in the budget. Abeyta-Martinez said yes, when the process gets to that point.

The budget adjustments to accommodate the executive director position were approved by the members.

The last item of new business was to request permission from the ISC to grant the NM CAP Entity flexibility to adjust the budget between approved line items as long as the budget amount did not change and the items in the budget did not change. As that had already been discussed, it was quickly approved.

The next meeting will take place at 9 a.m. Tuesday, Nov. 24, the day after the expected signing of the New Mexico Unit Agreement by the Secretary of the Interior.