Editor's Note: Part three of this series of articles on the Grant County Commission work and regular sessions will address the public comments and the discussion in the regular meeting on the amended joint powers agreement among the members of the New Mexico Central Arizona Project Entity.

By Mary Alice Murphy

At the Tuesday Grant County Commission work session, New Mexico Central Arizona Project Entity Executive Director Anthony Gutierrez gave a presentation on the amended joint powers agreement. The report can be read at http://www.grantcountybeat.com/news/news-articles/38201-grant-county-commission-held-work-and-regular-sessions-this-week-july-18and-20-2017

He was not available to attend the regular session.

Public comment at the Thursday regular session featured several items on the agenda, including the JPA.

The first to speak was Donna Stevens, Upper Gila Watershed Alliance executive director, who said she would address three items on the agenda that concerned her.

"The USDA Wildlife Services is a euphemism," Stevens said. "In 2013, 4.3 million coyotes, beavers, prairie dogs, foxes, black bears, cougars and other wildlife were killed. In 2015, 1.6 million native animals were killed, and they admitted to killing 17 domestic dogs, which were someone's pets. The numbers reported are much lower than they actually are. Taxpayers resent using our tax dollars to protect a small special-interest group. It would be much more cost-effective to compensate those impacted."

[Editor's Note: This was addressed later in the regular meeting by County Manager Charlene Webb who said: "The Taylor Grazing Act does not allow the reimbursement of losses. The federal act gets so many dollars and our share comes directly to us. We pay for part of this program with these funds, but we cannot use them for reimbursement." This report can be read in http://www.grantcountybeat.com/news/news-articles/38230-grant-county-commission-work-and-regular-sessions-july-18-and-20-2017-part-2 ]

Stevens also addressed the amended JPA for the NM CAP Entity. "This commission at a March 2013 meeting supported a resolution diverting, retaining, storing and recharging the aquifer from the Gila River within the borders of Grant County. You voted to keep Gila River water in Grant County." This amended JPA would approve building a pipeline to allow water to be distributed to an undisclosed location, allowing a global corporation to profit from selling their unused water. She said the CAP Entity executive director said the amendment is simply to investigate the potential to work with Freeport.

"It is the responsibility of public officials to err on the side of caution," Stevens said.

She also spoke to the off-highway vehicle notice of intent to approve allowing OHVs to ride on county roads. "I urge you to consider the safety of these vehicles." If it is to access the roads in the Gila National Forest, the owners would still have to trailer their OHVs. Stevens also alleged passage of the ordinance would put pressure on the city to also allow the vehicles on its streets.

Allyson Siwik, Gila Conservation Coalition executive director, said voting to approve the amended CAP Entity JPA, of which she said Grant County is one of 14 members, "would give the CAP Entity authority to do more than just investigate Freeport's Bill Evans diversion infrastructure." She quoted the section, which says "to obtain, through lease, purchase or use other transfer mechanism, the right to operate, manage and/or utilize water resources owned by Freeport-McMoRan Inc." She said the CAP Entity executive director, Anthony Gutierrez, also said the entity means to become a regional authority.

"Approval of this is in direct conflict of what you decided on March 11, 2013, to keep the water in Grant County as part of the Arizona Water Settlements Act," Siwik said. She said the long special meeting included lots of conversation on the point. She alleged the amendment would allow exporting water outside Grant County and potentially to the Rio Grande Basin, to help New Mexico fulfill its water compacts with Texas and would allow the entity to become a regional water authority.

Siwik said Freeport owns 63,000 acre-feet of water rights, according to a report by AMEC in 2010. She said the mines are using, in any given year, 10 percent to 14 percent of their water depending on production levels. She also said the amended JPA would allow piping to Luna County and farther the Freeport's 12,000 acre-feet of water rights in the Gila Valley.

"Today's vote has huge implications for our region," Siwik said. This diversion will have severe impacts on valley irrigators and the area's ecology and will impact the water security of the region for decades to come.

Andy Payne, resident, said he wanted to add his voice to the many people who think the amended JPA is "classic mission creep."

He noted the CAP Entity still has no plan, but wants to partner with a for-profit corporation. "The profit motive will take over. After voting no, I would like to see you quit the NM CAP Entity totally."

Hueteotl Lopez of Protectors of the Gila River, New Mexico, said it is a group of indigenous people who work with New Mexico, Arizona and Texas. "I encourage you to vote no on the amended JPA. I was here at the March 2013 meeting against the commission taking part in the CAP Entity."

He continued that someone does not sit at the table with a corporation powerhouse for a "simple discussion." He said he heard a former director of the ISC say he couldn't understand why the JPA was going this direction. "I think it is a pay off." Lopez was part of the Food Policy Council, which was overseen by the County Commission. He said ranchers wanted a slaughterhouse in the area, but Lopez alleged it takes too much water. "That meeting broke down because we took on the ranchers. Please vote no. There is danger ahead, with a handful of people wanting to destroy the community."

Claudia Duerinck, Gila Valley resident, said she wanted to convey to the commissioners that it is time to take a serious look at the NM CAP Entity, with its whole purpose of the amended JPA being to implement infrastructure for storage. "Three years have passed, not to mention the decade before. Millions are now in the pockets of lawyers, engineers and consultants, and this group is still not sure what it will do. There is still no plan, as far as we know." She alleged it's a small group deciding on a $10 million project that will benefit a few who have freely chosen their livelihood in agriculture. She went on to say that agriculture is not at the top of New Mexico's economy and "is a drain on the rest of us. Agriculture is a hindrance on progress in Grant County. There are many worthy water projects out there."

"If Luna County wants to partner with Freeport, they can use Luna County's share of the money," Duerinck said. "The long-range plan is to become the water masters of the area and become another layer of bureaucracy."

Richard Maynes said he has been advocating the use of off-road vehicles to be used on county roads. "I commend Alicia Edwards for her listening session. I agree to disagree. We, who have lived here for generations, grew up with hunting, fishing and camping in our beautiful forest. We have a responsibility to our children and families. These vehicles unite the family structure. Families are a dying breed. We are not engaging with our families and children. These vehicles are four-seaters, some six seaters, and they are keeping the family structure together."

He said he researched the machines and they are safe. "People want to give their personal opinion. I enjoy the forest. Older people cannot walk far and woodcutting helps make it easier on us. These machines unite families to explore our county roads."

Pete Rankin said he lives in Pinos Altos, where he sees people frequently riding the OHVs. "Most of the riders are safe, but some aren't. I urge you to vote against it because of the impact on wildlife. Those impacts are significant from increased use of these vehicles."

He also addressed the amended JPA. "I request you vote no." He said he taught in Farmington and moved to Grant County for the wildlife habitat. "The hunting and fishing in the Farmington area has been impacted by fracking. The unintended consequence of a pipeline coming over the Continental Divide is another way of privatizing our amazing resources." He said a justification is economic growth. He alleged a diversion in La Plata County, Colorado, has destroyed some of the best habitat. "The unintended impact was to destroy the habitat. I ask you to protect the wildlife habitat."

Janet Wallet-Ortiz said: "I insist you vote against the amended JPA." She alleged it would allow a corporation to benefit against the county citizens. She said Gutierrez called water a commodity. "What do you do with a commodity? You sell it. The profit motive would be a betrayal to us, if you vote for it." She also urged the commissioners to vote against the OHV issue, because of safety and excessive noise. "Yes, many are responsible riders, but some are not. It is impossible to make sure people will be responsible."

Carol Fugagli, county resident, said Governor Susana Martinez signed the 2016 bill to let OHVs use county roads. "The sponsor said the intent of the bill was to allow farmers to ride county roads to get to their fields. I support the original intent for farmers, but the way it is written gives too much leeway for other interpretations. It would exclude any farmer who uses a straddle all-terrain vehicle. Some want to extrapolate it so enthusiasts can ride on county roads. Some from outside the area may think they can use them on all paved roads. Most states require training to use them on paved roads."

She noted the size disparity is significant, ranging from 50 inches to 80 inches wide. "If one of the wider ones went on forest roads, they would cause significant resource damage. The language of the sponsor was 'to use them sparingly' on county roads."

During the regular session, when the amended JPA came up for discussion, Commissioner Harry Browne read from prepared remarks. He said some might be aware that an Italian billionaire has a proposal before the New Mexico State Engineer to pump and ship 54,000 acre-feet of water out of Catron County to the highest bidder anywhere from Albuquerque to El Paso. Browne is the treasurer for an organization which represents a number of ranching families fighting the proposal because they fear the effect on their wells and livelihoods of draining that much water and on the effect of sustainability of ranching and farming if the water becomes a commodity to be mined and shipped away.

"I bring this up because it strikes me this proposed amendment is the first step on a slippery slope that could land Grant County in a similar predicament," Browne said. He alleged the proposed amendment does not stop at authorizing the investigation of the possibility to use Freeport's infrastructure. He, too, as Siwik did, quoted the part about obtaining through lease, purchase of other transfer mechanism water resources and infrastructure currently owned by Freeport.

He said the CAP Entity executive director acknowledged the amendment would not result in any new water resources for Grant County.

"It's just too expensive to use the Bill Evans diversion structure and lake to take water available to us from the AWSA," Browne continued.

He alleged that could leave only one purpose for the amendment: "to take water out of the Gila Valley and ship it somewhere else." He said he believes in the saying that water will flow uphill toward money. "I see no reason to view this project as an exception to that rule. If we are lucky, our friends and neighbors in Luna County will be able to purchase the water to provide for more farming and ranching there." But Browne continued that they might find themselves in competition with pecan growers or housing developers or even the Interstate Stream Commission, which "may well be required by federal courts to purchase water to send to El Paso, Texas" to meet obligations.

"What started out as a misguided and wasteful effort to accomplish something good—providing more water to Grant County—is now being distorted into a misguided and wasteful effort to allow private water owners to reduce the water available by selling it elsewhere," Browne continued. "This is governmental mission creep at its worst. … I urge my fellow commissioners to reject this amendment, to hold the CAP Entity to it original purpose and to defend Grant County's water resources from water profiteers."

Commissioner Alicia Edwards acknowledged the comments from the audience. "From the beginning, the county's purpose has been to secure water in Grant County." She said the amended JPA is in direct opposition and could send 2 billion gallons of water out of Grant County. She told her personal story of hunting, fishing four-wheeling on the western slope of Colorado. "In Rocky Ford, ranchers sold their water to Aurora, Colorado." The 64,000 acres of agricultural land, where cattle ran and crops were grown, "is now dead empty land, with no way to make a living."

She alleged fracking on the western slope has led to miles of dead forest and a destroyed water table.

"I agree with Browne," Edwards said. "This county is 4,000 square miles. Consider the unintended consequences. The amended JPA's specific purpose is to give the New Mexico CAP Entity more authority to become the regional water authority to buy and sell water. The entity already has the reputation of violating the Open Meetings Act." She said if the commission were to consider voting for the amended JPA, it must require the Regional Water Plan be fully funded and limit the CAP Entity to only investigating. "This JPA does not do that. It gives them full authority."

Commissioner Billy Billings said the JPA is looking at two purposes, to investigate and to lease or obtain the water. "What is the urgency of this? Can we have more time to look at this? Freeport did not initiate this investigation and seems skeptical to get involved. I would like to table this vote."

The commissioners agreed to table the issue.

The next article will address the rest of the regular meeting agenda, with comments from the work session and regular session and the actions taken at the regular session.

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