Members discuss website, professional services contract, auditor choice

By Mary Alice Murphy

With a change of venue for this meeting to Deming, about 50 people, many from Deming and Luna County, were in attendance at the regular monthly meeting of the New Mexico Central Arizona Project on Tuesday, Sept. 6, 2016.

The first to give public comment was Vivian Gonzales of the Phoenix Office of the U.S. Bureau of Reclamation. "We put out a fact sheet with questions and answers. I don't think I have enough copies, but it can be read at the usbr.gov website with the links to the New Mexico CAP Project."

"This will be my last time to come to the CAP Entity meeting," Gonzales said. "I'm going to another agency." She told the Beat after the meeting she was excited to be going to work for the International Boundary and Water Commission in El Paso, Texas.

The next to speak was Fred Williams of Deming: "You are complimentary to us to have the meeting here. We hope you will schedule them here on a regular basis. If it is correct that the current proposed first phase that will use all the settlement funds will bring no water to Deming, why are Deming and Luna County still supporting the diversion rather than other beneficial uses of the settlement money, if they get no benefits?"

"Please tell the public who will own the water," he continued. "Who will decide who gets the water? Or are you establishing a business to buy and sell water to bring profit to you? It is unclear who will own the water and who will decide who gets the water."

Joel Chinkes, Luna County resident, said the track record on water projects in the area is "poor. For instance, the power plant has a plume of water going up from it. It's a waste to use a wet cooling tower in this arid climate. And your engineering company hasn't studied ancient Roman history. They moved water over hill and dale without pumps." He also talked about Robert Michels and his 1911 "iron law of oligarchy."

"The money is in front of us," Chinkes said. "Everything I read is that you're going to spend the money. Maybe the best use of it if you have to spend the money is locally by giving an increase to the manager. If it is spent locally, it will boost the economy. There are a lot of well meaning people who feel you are not following a course of wisdom."

Ron Troy of Silver City, who also owns land in the Hondo Valley, said he is in a continuous battle with Ruidoso, which buys up water rights in the valley and continues to dry up the river. "With $128 million, I don't understand your strategy or reasoning. I worked in Idaho removing all the poorly thought out structures. If you keep the river in its healthiest state, you will have more water. Farms and ranches below the structure will suffer. The river needs sediment deposit and an active floodplain for aquifer recharge. In 50 to 100 years, you will have lawsuits."

Margaret Fairman, a Luna County resident with a business in Deming, said she attended the Luna County Commission meeting when the commissioners voted to be part of the CAP Entity. It was similar reasoning for the city, she said: "'We need a seat at the table.' I urge Luna County and Deming to look at other options, such as conservation. I know we have some conservation projects, but as it stands, the area will have no benefit now but it will be a cost to the taxpayer. Please explain where the operations and maintenance funding will come from, and give us a cost-benefit ratio."

Diana Lamar, who has lived in Luna County since 1979, said: "I know how rare water is and how much we need it. The reason for this Arizona Water Settlements Act went back to when water rights were lost to farmers in the Gila Valley. They were off fighting in the Korean War and when they lost their water rights, they lost their livelihood. That was from government legislation coming in. It was not fair then; it's not fair now. The funding should go as recompense to those who lost their water rights. We need to fight to keep water rights where they are supposed to be. The Gila River Indian Community has the senior water rights on the river. If we are taking the 14,000 acre-feet of water, they are not getting it. They will get it from the Central Arizona Project, but someone has to pay for that water. New Mexico will pay for that water in exchange. We're still paying for water that is going somewhere else. The Gila River is on the west side of the Continental Divide. We all live on the east side of the Continental Divide, so pumping will be required to get it to us."

Dan Lorimer, Sierra County resident, said he lives adjacent to three of the counties in the entity.

"I express my concern about the overall funding," Lorimer said. "You've said you won't come to the state for funding. My concern is that you will be faced with huge additional debt. I'm looking at the dollars already spent and not yet spent. Deming is not benefitting."

Polly Edmunds said she wanted to reiterate the opinion that Deming should receive benefits from the water and money. "A lot of projects could be done to conserve water."

The first item under old business brought the NM CAP Entity executive director, Anthony Gutierrez, to the podium. "We have talked about having a website. We talked about joining in the nmawsa.org website. I wanted to hear today from Rose Hessmiller from Ferguson and Lynch, which does that website, but she had a family emergency. She will talk on my cell phone, giving us options. We can add on to the nmawsa.org website, but in discussions, we said we want to be separate from the ISC. Do you want to hear from her today or have her present at the next meeting?"

Shannon said she thought hearing from Hessmiller personally would be best. Vance Lee, representing Hidalgo County agreed.

"I would like to ask the board what they are looking for," Hessmiller said over the phone.

"We are getting the word out about what we have been doing," Gutierrez said. "But information that is out is less than adequate in my opinion. I recommend something more personal to the board. For instance, what benefits they see, bring in the meetings and minutes to the site. The media doesn't always go a very good job of explaining what we are doing."

He suggested linking the site to other boards and entities that have the same concerns as the CAP Entity.

Board members moved to postpone the discussion until Hessmiller could attend the meeting.

The next discussion facing the board was whether to hire, through a professional services contract, services for engineering, hydrology or environmental services.

"We need some professional advice," Gutierrez said. "And on the NEPA (National Environmental Policy Act) process. I still have a lot of questions on the hydrology, although Craig Roepke (of the Interstate Stream Commission) has been teaching me. But when I read different articles, I see a lot that is conflicting."

Allen Campbell, representing the Gila Hot Springs Irrigation District, said he concurred that the entity needs "some professionals waiting on retainer. Anthony can talk to them and come back to us with the information he received. How do we determine what issues we bring to them? Will it be a vote from us? We need approval from this commission."

"The board has identified things that we are looking for," Gutierrez said. "These are professionals who can give us advice on different issues. Right now, we are under the umbrella of the ISC and its engineering contractor. I have conversations with the ISC and they talk to the engineers. With engineers on retainer, I would be able to directly approach an engineer with a question and bring the answer back to the board."

Campbell cautioned that capable engineers are working on the proposal right now. "It could muddy the waters."

Gutierrez said he had a question about profitability for Deming and Silver City. "We're looking at how to bring the water over the (Continental) Divide. The water doesn't necessarily belong to the CAP Entity itself."

"I fully support getting a contactor we can go to directly with a question," Lee said. "I still have questions for the engineer under the ISC. They have restrictions on answering our questions."

Shannon asked what procedure would be used and if board members could directly call the engineer or send questions to Gutierrez.

"I've been trying to get input from the board," Gutierrez said. "Even an item as simple as branding, I've had no one respond. Anything that goes to the professionals will be directly addressed in open meeting."

Lee moved to have Gutierrez proceed with hiring an engineer.

"This will go through the city of Deming procurement process," Gutierrez said.

Aaron Sera, Deming city manager, asked if the board was going to immediately explore water coming over the Continental Divide. "Right away or do we need the question from the board?"

Gutierrez said the board needs to address questions on municipal and industrial use of the water, as well as water delivery and existing infrastructure. In past meetings, the issue was brought up about using Bill Evans Lake and the Freeport-McMoRan infrastructure. The option was one of the alternatives presented for the project, but not enough discussion had been held with the mining company, so the alternative was dropped from consideration. Gutierrez said at the time that it wasn't forgotten, just not put into the proposal at this time. He continues to explore the possibilities.

"Several audience members are concerned about the benefits for Deming and Luna County," Sera said. "I'm definitely for hiring an engineer."

Van "Bucky" Allred, representing Catron County, said he has concerns about Catron County issues. "I like the idea of an engineers. We have circumstances in Catron County on projects that are critical to us."

Gutierrez said: "Right now professional service contracts are limited by how much we can spend. We are limited by the budget and limited by procurement."

Shannon asked what the next step would be, and Sera said: "If the board approves a professional contract, we have up to $60,000 in the budget. If we can spend under $50,000 we can go without a request for proposal. We can move money from line items to others or we can complete a budget adjustment."

Howard Hutchinson, representing the San Francisco Soil and Water Conservation District, commented on questions about how to supply water to Deming. "We've looked at the existing infrastructure. How much can we count on from the storage system? Does it leak? How can the water be moved? We need evaluation on the infrastructure."

Pete Domenici Jr., CAP Entity attorney, said for the last 18 months the entity has been playing catch up to meet deadlines. "I think it is essential to get this kind of support as quickly as possible. I think even the proposed project needs a new set of eyes."

Wendel Hann, representing the Gila Farm Ditch, agreed. "It really gives us a chance to focus on outcomes. One of the biggest questions from us and from the public is outcomes."

The NEPA process, he said would have a purpose and need, but "it needs to reflect the outcomes. The board needs to be more active, on county, legal, municipal, agricultural, soil and water districts issues. We have plenty of expertise on this board. Many of the questions we can answer. We need to bring forth the issues and address the questions."

Shannon concurred with: "As soon as possible."

Gutierrez noted he gets approached by individuals, "but I explain that what I do has to go through this board."

"We needs to get you the information you need," Shannon said.

Moving forward on a professional services contract was approved by the board members.

The last old business item on the agenda was a decision on whether to use the state as an auditor for the CAP Entity budget, revenues and expenditures or the Deming city auditor.

Sera said the NM CAP Entity has to comply with the New Mexico Audit Act. He had asked how much the New Mexico auditor's office would charge and he was told anywhere from $3,000 to $5,000. Sera said the city's auditor would charge $3,975. "My guess is the state auditor will come back with a cheaper estimate, but our auditor is familiar with the books and he estimated the $3,975 price."

Hann asked what the difference in turn-around time would be.

"Either one has to meet the deadline," Sera said. "Our auditor would be easier. I was surprised the state wanted a separate audit from what we've already provided. This is the fourth year for our Deming auditor. The third option is that we can go to a different auditor."

A motion was made and approved to use the Deming auditor.

Craig Roepke, who is retiring from the Interstate Stream Commission at the end of September, attended his last meeting.

"I would like to say thank you to everyone and to the stakeholders," Roepke said. "It has been a privilege and an honor to work with you. I get most of my news through Google. I emphasize science.

"Almost every week someone has discovered a new planet and wondered if it would support life," he continued. "The question always is: 'Does it have water.'

"It boggles my mind that getting water to family farmers and to small communities has been so difficult," Roepke said. "I've asked this question to almost everyone: If there were a way to get water for the users and keep a healthy environment, would you support it? When I ask the board members, they say they support it and it's what they want. When I ask the opponents to a project, they hem and haw and say: 'We need to see the blueprints. We need to know exactly how it will be built.' I could never get a straight answer from them.

He said at a recent forum in Silver City, he talked to an old friend that he has rafted the Gila River with many times. "I asked him if we get water to users and help the environment, would he support it. He said he would need to know more about it. He said the real battle is that it is either/orG