Editor's Note: Some taxpayers in the Cliff/Gila Valley have been overtaxed for more than 30 years.
Courtesy of Claudia Duerinck
Today I would like to tell you a story. It's entitled:
Who Will Ever Know?
The Upper Gila Watershed District was formed on November 23, 1959 and encompassed 3,938 acres between the Gila River and the east and west irrigation ditches.
The Watershed District Board, subject to the approval of their supervisors, the Grant Soil and Water Conservation District, was and is granted statutory authority to levy a maximum 5 mill tax on the real property within the district to meet their budgetary needs.
Meeting minutes during the late 1970s and the early 1980s addressed increasingly expensive issues that began to occur with the structures maintained by the district and discussions began to revolve around finding money for needed repairs.
On February 2, 1984, the Gila Watershed District (the District) meeting minutes reflect that there was a Gǣbig discussionGǥ about who to assess for taxes even though the mill levy had been in place from the outset of the District. One member of the board advised other members that the law only allowed a 5 mill levy on property within the district and that in the prior year they had assessed a 10 mill levy which was over the allowable limit and that they needed to consult their supervisors about how to handle this issue.
A GǣSpecial MeetingGǥ of the District was convened on August 27, 1984, at the home of the Secretary/Treasurer of the Board of Directors. The stated purpose of the meeting was to discuss Chapter 73, Article 20 of NMSA. This is a statute that governs watershed districts. During this meeting the members Gǣdiscussed at great lengthGǥ and Gǣmet with unanimous decision of the Board of SupervisorsGǥ (Grant Soil and Water Conservation District) to write a letter to the Grant County Assessor. This letter quotes the statute sections which address their GǣAuthority," GǣBudgets," and GǣAssessment lists." It also indicates that they would not levy a tax in 1984. A copy of the letter was sent to the Soil Conservation Service, the County Commissioners and the County Treasurer along with a copy of NMSA Chapter 73, a newly drawn District map, and a handwritten list of landowners to be added for taxation.
Subsequent meetings of the Board of the Gila Watershed District were held on October 17, 1984; February 11,1985; and October 17,1985 in which there is discussion of; Gǣthe new budget," Gǣthe new valuation,Gǥ Gǣthe 5 mill taxable amount based on $929,956 assessable valuation of the District,Gǥ Gǣthe new taxable watershed valuation,Gǥ and Gǣtort liability insurance coverage for board members."
At no time during any of these meetings was any discussion held on a petition, conducting a hearing or a referendum and no reference was made to NMSA Section 73-20-21 - Addition of land - the primary statute that must be adhered to when increasing the boundaries of a Watershed District.
CLOSING POINTS
1. For 32 years County residents illegally annexed into the Watershed District have been subjected to the payment of between 19% G