[Editor's Note: This four-hour meeting will be covered in multiple articles. This portion completes the new business portion of the agenda.]

By Mary Alice Murphy

The first item of new business addressed at the May 2, 2017 meeting of the New Mexico Central Arizona Project Entity was a revision of the entity's Open Meetings Act resolution, regarding the calling of a special meeting or an emergency meeting.

Entity Attorney Pete Domenici Jr. led the discussion. "The change gives the authority to the chair or to a designated alternate to the chair to call a special or emergency meeting. The current language calls for the entity to call the meeting, but that would be a violation of the OMA."

Aaron Sera, representing the city of Deming as second fiscal agent to the NM CAP Entity, pointed out that an emergency meeting should be called only for financial issues. "We can't expect it to be within 24 hours, if it must be printed in a newspaper of general circulation. Our Deming paper is printed only two days a week, and even here you can't get a notice in within 24 hours."

ISC Attorney Dominique Work, who was attending by phone, said an email blast could let members know, and notices in public buildings could suffice for a special meeting.

Domenici said he would bring the issue back to the next meeting with the necessary changes.

The following item was to approve the fiscal year 2018 budget. ISC non-voting member Kim Abeyta-Martinez said the entity had already approved the FY 2018 budget. "You should be good to go."

Sera noted that if the entity goes forward with a request for proposal, the budget might need changes.

"We have no allocation outside of the $60,000 for professional services," Entity Executive Director Anthony Gutierrez said.

Abeyta-Martinez said the money has been appropriated to spend beginning July 1. "We can amend it at any time, except for the $800,000 item (which is in the budget to prepare for possible purchase of exchange water credits)."

"We still have money if we enter into a contract with an engineer before the end of fiscal year 2017," Gutierrez said.

Abeyta-Martinez cautioned the group to make sure it has enough money in the current budget.

The next agenda item featured discussion of the 2018-19 bi-annual project plan for the New Mexico Unit.

Gutierrez said the plan includes $4 million for advance funding to Reclamation for the NEPA process. "Even though we're not in NEPA yet."

He recommended approving the document.

Vance Lee, representing Hidalgo County and, as the entity's vice chairman, serving at this meeting as the moderator in the absence of the chairwoman, asked if the money allocated was drawing interest.

Abeyta-Martinez said the New Mexico Unit Fund is investing $5 million a month, but not the money that was advanced to the Bureau of Reclamation.

Gutierrez noted that with a different proposed action from what was sent to Reclamation last July, NEPA could be less expensive.

Abeyta-Martinez noted that if the funding is put in the agreement and not all of it is spent, it must be returned to the Unit Fund.

"The number $11 million for NEPA is being thrown around," she said. "$4 million has been advanced, but Reclamation has spent only $35,000 of that."

The next item centered around requesting quotes for engineering services. Gutierrez requested a quote for engineering services to evaluate the Freeport-McMoRan infrastructure.

"We can go out for quotes for a scope of work," Gutierrez said. "If the expenditure would exceed $60,000 we would have to go out to request for proposal.

"If we move forward with Freeport, we need additional information on the infrastructure, which has been in place for many years," he said. "Engineering services would help us determine if we want to proceed with using the infrastructure. We need the information to provide to the board and the ISC to find out what condition it is in."

Abeyta-Martinez asked for clarification on what Gutierrez was thinking in the request for quotes and why the entity is not using an RFP for a consultant engineer.

"It's so we can get the information more quickly without going out for RFP, which requires numerous approvals," Gutierrez said.

Sera said the requirement in this case would be that the low bidder would receive the award.

Abeyta-Martinez said the ISC would not be a signatory. The contract would be between Deming and the engineer.

Howard Hutchinson, representing the San Francisco Soils and Water Conservation District, asked if the entity was asking for operations and maintenance costs and whether energy costs would be included, to which Gutierrez said: "Yes."

Hutchinson asked if the entity would have to physically visit the site and "has Freeport given permission?"

"We are talking to Freeport and asking for a tour to visit the infrastructure sites," Gutierrez said.

"Do we know much about the impact on the amount of water involved and the impact it would have down to Virden?" Wendell Hann, representing the Gila Farm Ditch asked.

Gutierrez replied: "No."

Domenici said for the entity to acquire use of the infrastructure would be "significant and a fairly complicated process. Freeport is very cognizant of what it has. They have extra capacity, but do not want to jeopardize it. We are negotiating with the engineers on what they want to make available to us. Freeport has invited us to bring an engineer. We would have to do due diligence, and whether before or after a letter of intent, we would have to try to come to agreement."

Work said: "I want to clarify that under the terms of your JPA, the entity must use money for furthering a New Mexico Unit. We have to amend the JPA, if use of funding is not related to the New Mexico Unit."

Domenici agreed and said: "We will need to amend the JPA and we have progressed in that direction. We need to move quickly to get the JPA amended to use money to hire an engineer."

Hutchinson asked if the potential was there to use the infrastructure for diverting Arizona Water Settlements Act water and could the infrastructure be used to deliver water to Luna County.

"I think there is enough nexus to use AWSA water," Domenici said. "Freeport is not suggesting never to use AWSA water. They do not want to be tied to the New Mexico Unit, but our primary purpose is to use AWSA water."

Work said she and Domenici needed to continue the discussion.

Campbell moved to approve the request for quotes for engineering services. It was approved.

The next article will begin with the executive director's report.

Content on the Beat

WARNING: All articles and photos with a byline or photo credit are copyrighted to the author or photographer. You may not use any information found within the articles without asking permission AND giving attribution to the source. Photos can be requested and may incur a nominal fee for use personally or commercially.

Disclaimer: If you find errors in articles not written by the Beat team but sent to us from other content providers, please contact the writer, not the Beat. For example, obituaries are always provided by the funeral home or a family member. We can fix errors, but please give details on where the error is so we can find it. News releases from government and non-profit entities are posted generally without change, except for legal notices, which incur a small charge.

NOTE: If an article does not have a byline, it was written by someone not affiliated with the Beat and then sent to the Beat for posting.

Images: We have received complaints about large images blocking parts of other articles. If you encounter this problem, click on the title of the article you want to read and it will take you to that article's page, which shows only that article without any intruders. 

New Columnists: The Beat continues to bring you new columnists. And check out the old faithfuls who continue to provide content.

Newsletter: If you opt in to the Join GCB Three Times Weekly Updates option above this to the right, you will be subscribed to email notifications with links to recently posted articles.

Submitting to the Beat

Those new to providing news releases to the Beat are asked to please check out submission guidelines at https://www.grantcountybeat.com/about/submissions. They are for your information to make life easier on the readers, as well as for the editor.

Advertising: Don't forget to tell advertisers that you saw their ads on the Beat.

Classifieds: We have changed Classifieds to a simpler option. Check periodically to see if any new ones have popped up. Send your information to editor@grantcountybeat.com and we will post it as soon as we can. Instructions and prices are on the page.

Editor's Notes

It has come to this editor's attention that people are sending information to the Grant County Beat Facebook page. Please be aware that the editor does not regularly monitor the page. If you have items you want to send to the editor, please send them to editor@grantcountybeat.com. Thanks!

Here for YOU: Consider the Beat your DAILY newspaper for up-to-date information about Grant County. It's at your fingertips! One Click to Local News. Thanks for your support for and your readership of Grant County's online news source—www.grantcountybeat.com

Feel free to notify editor@grantcountybeat.com if you notice any technical problems on the site. Your convenience is my desire for the Beat.  The Beat totally appreciates its readers and subscribers!  

Compliance: Because you are an esteemed member of The Grant County Beat readership, be assured that we at the Beat continue to do everything we can to be in full compliance with GDPR and pertinent US law, so that the information you have chosen to give to us cannot be compromised.