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Published: 03 November 2016 03 November 2016

Editor's Note: This article was written separately so as not to provide distraction to the importance of the meeting agenda and its documents and discussion.

By Mary Alice Murphy

The New Mexico Central Arizona Project Entity, which was formed in accordance with the Arizona Water Settlements Act, met on Tuesday Nov. 1, 2016 to address agenda items.

After a roll call of members present and introduction of telephone guests, members heard public comments.

Claudia Duerinck, Gila Valley resident, brought some federal statistics to the group. "They are pertinent." She said the population in Grant County between 2010 and 2015 has lost five percent of its population, and less than half the residents are in the work force, and those are making a median income of $38,000. The unemployment rate is 9.3 percent, with 2,661 people being unemployed. About 19 percent or 5,465 are struggling below the poverty line with about 5,000 on food stamps. 1,900 are single mothers.

She noted that only 50 people are part of the Gila Basin Irrigation Commission and one of them is on the Interstate Stream Commission, with the ISC planning to spend more than $100 million on a reservoir. Duerinck say a good number of residents, including her, are questioning a tax district that has outlived its purpose that created it 50 years ago.

"The reservoir is a potential expense to the county, and we have a distinct lack of information on it," Duerinck continued. "I don't think most of the members understand the liability when the money runs out. In January, when the county commission has five new members [Editor's Note: the Commission will have three new members.] they may not understand what they are agreeing to with this entity."

Silver City resident Hueteotl Lopez said he is trying to attend every CAP Entity meeting and bring someone with him. He called the entity an "illegal board," which brought a protest from CAP Entity Chairwoman Darr Shannon, and he backed off from continuing to call it an illegal board. However, he then again attacked "the individual that got chosen after quitting the County Planning Department position and now is given accolades."

"We have a stacking of those in opposition to what you're proposing," Lopez said. "But all I see is a strong push forward to do what you want to do. I see no consideration to those who come forward. You have stacked the process with those who are in favor of a project."

Norm Gaume, retired engineer and former ISC director, said he was at the meeting, "because I believe in good government. I heard from the ISC that the notice to proceed with (the engineering consultant) AECOM has not yet been issued. As a result, NEPA will be delayed to the spring. Through a public records request, we have learned that this late in the game, you have not decided on the project. How do you think you can get something done, when you can't decide what to do? Second, you'll be deliberating a budget document today that I don't understand."

He said the ISC estimated that $20 million would be required to complete the EIS (environmental impact statement), "but this document has a nominal amount listed, much less than the $20 million and it presents it as the budget for the project. I applaud you for your efforts to get a website up. I ask that you have search on it and that you make the titles of articles reasonable, so they mean something. You're expending public funds on it, please make it functional for the public."

Hueteotl Lopez's 10-year old daughter asked to speak. "I don't want you to divert the river for farms and cows. Cows kill coyotes (sic) and the coyotes don't have food. The Gila is the last river in New Mexico that is not diverted. [Editor's Note: It has at least 11 diversions on it]. You keep diverting all the rivers and there will be no more rivers in New Mexico. Animals won't have water. You'll have it for just the cows and farmers? Farmers need water for the cows, but they won't have it because we're going to stop you."

Ron Troy of the Hondo Valley said he was the person who spoke last month. "We have water rights from 1867. I appreciate Howard Hutchinson answering my questions last meeting."

"I'm not against building better diversions," Troy said. "But I wish you guys would consider walking away from this one, and use other programs for a diversion. The country is pulling 209 existing dams out of this country. To consider more diversions and more users in an already over-adjudicated system, you would have been looking down the barrel of a 30-30 a hundred years ago. We want to protect farmers, but this is not the way to do it."

He said he had given testimony in the suits in which he has been involved trying to keep his water rights from going to Ruidoso.

"They are taking it from surface water to divert it to Ruidoso," Troy said. "I get a letter every year about it and now more often. Our water is drying up because someone gave the city a little crack to get a little water, and they keep going after the water. I guarantee it's a losing battle."

Gerald Schultz, representing New Mexico resource, conservation and development districts, said he has not been able to attend many meetings since his wife died in May.

"I had asked you, Madam Chair, when this organization first started if community members could call in just to listen to the meetings. You told me no," Schultz said. He went on to say he when he watched the meetings on public TV that community members had been able to call in and listen.

"This is discrimination," he alleged, while saying if it had been changed, he was unaware of it. "I request the telephone number and access code be made available to the public via airways prior to the end of this meeting and often thereafter." Otherwise, he threatened to ask the Office of the NM Attorney General to get it for public distribution.

Schultz also said he had requested to a CAP Entity member that the three-minute limit for public comment be extended to four minutes. Having heard nothing, "I concluded it was just ignored. Again discrimination." He asked his representative on the entity, Gabriel Ramos, to bring it up as an agenda item for the next meeting. He again threated to involve the Attorney General.

He said he had sent an article to the chairwoman, titled "New Sizing Metrics for Water Storage." He said it was pertinent to the projects under consideration. He asked that it be forwarded. Schultz asked for a show of hands of those who are received it. No one raised a hand. He said he would resend and ask that it be distributed to the members, as well as to himself. He again brought up the Attorney General.

"As a very bottom last resort if there is nothing but failure in all of these requests, then I shall start researching what is involved in Class Action suits since anyone can be affected by my prior requests," Schultz concluded.

The rest of the meeting can be viewed at http://www.grantcountybeat.com/news/news-articles/32765-nm-cap-entity-members-hear-update-on-possible-website-on-audit-and-discuss-two-agreements