[Editor's Note: This is the final part of the NM CAP Entity meeting of Sept. 25, 2017]

By Mary Alice Murphy

After AECOM completed both presentations at the New Mexico Central Arizona Project Entity special meeting held Monday, Sept. 25, 2017, the next agenda item addressed the quarterly report on the New Mexico Unit Fund.

Kim Abeyta-Martinez, the non-voting member representing the Interstate Stream Commission, presented the quarterly expenditure report.

"To date, we have collected $54.24 million," Abeyta-Martinez said. "The fund has earned $2.5 million in interest. The current cash balance is $44.1 million. That does not take into account the $9.1 million the ISC has allocated to non-diversion projects, of which only $1.1 million has been expended. It also does not include the New Mexico CAP Entity budget or the ISC budget. It also does not reflect the encumbered NEPA costs."

Vance Lee, representing Hidalgo County, asked why so little of the non-diversion funding had been spent.

Ali Effati, ISC Gila Basin manager, said of the 16 projects, each has a different deadline for securing the additional funding required. The ISC has to review a letter of agreement from each entity receiving the funding. It then has to go through the Department of Finance and Administration. We then issue the notice to proceed. Some do not have engineering completed yet and some have no deadline."

Gabe Ramos, representing Grant County, asked what it would take to allocate more funding to the non-diversion projects.

Effati replied that the ISC has no plans to expand the funding. "After the record of decision, they may reconsider."

NM CAP Entity Attorney Pete Domenici, Jr., asked when the full $90 million would be received.

"We have received six payments and have four more to go," Abeyta-Martinez said.

Executive Director Anthony Gutierrez presented his monthly report.

"I want the board members to have all the information they need," Gutierrez said. "I will put together my recommendation. To have more insight, I got direction from board members. I would entertain any questions that I might be able to clarify. I will put the potential questions and answers on the website before next week."

He noted he had been contacted by the state Auditor's Office that it would no longer be doing an audit on the CAP Entity. "We will have to produce our own auditor through a request for proposal."

Abeyta-Martinez asked what the deadline for the audit is.

"December 12," Gutierrez said. "On the engineers for the entity, we have executed contracts with Occam Engineers and have designated tasks to RJH and Daniel B. Stephens and Associates. We will likely get some additional contracting done. I'll be in discussion with the engineers to get insight and specific language on consulting on the New Mexico Unit."

Abeyta-Martinez asked if he would be coming before the board for the engineering.

"The costs are in the contracts," Gutierrez replied. "I will bring the scope of work to the board."

Entity Chairwoman Darr Shannon asked that entity members get their questions to Gutierrez as soon as possible, so the answers could be posted.

She also asked that recommendations for auditors be brought to the next meeting.

Lee asked where the process was on the amended JPA.

"We are lacking two signature pages," Gutierrez said. "Some only have annual meetings or have to have a special meeting."

David McSherry, representing the city of Deming as an alternate, asked if the engineers would be able to give comments prior to next week.

"We have no scope of work approved, so no," Gutierrez replied.

He reported that he and ISC staff had presented to the interim Water and Natural Resources Committee recently. Most of the discussion was on the New Mexico Unit fund. "It was depressing to me. The only subject seemed to be who was going to spend the money in Santa Fe. We have been invited to go back to the same committee on Nov. 12 or 13. We will give them an update. I understand the needs of this community."

Runyan said: "We need more legal and engineering updates at the next meeting. I thought there were a lot of distortions by committee members in the meeting."

Gutierrez noted that the presentation will have to be short in November, because the CAP Entity won't be given much time.

Shannon asked if the entity has a say on "who we bring."

"We can bring anyone we need to, but not too many," Gutierrez said. "We will have to answer questions."

The next regular meeting of the CAP Entity is this coming Tuesday, Oct. 3, 2017, with a time change to 10 a.m., because Boutique flights have changed schedule and do not arrive at the Grant County Airport until 9:15 a.m. for those flying in that morning.