[Editor's Note: This is part 2 and the final article on the NM CAP Entity meeting of Feb. 5, 2019.]

By Mary Alice Murphy

The first part of the New Mexico Central Arizona Project Entity meeting of Feb. 5, 2019 included a presentation and discussion on a proposal to name 450 miles of Gila and San Francisco rivers as Wild and Scenic. The article may be read at http://www.grantcountybeat.com/news/news-articles/49236-nm-cap-entity-regular-meeting-020519-part-1

The rest of the meeting began with old business, with an update from Stantec regarding the changes in cost to the New Mexico Unit and why they are necessary.

Dave Maxwell, engineer with Stantec, said he is tasked with trying to explain the new costs estimates. "The total right now is $69,690,054. This does not include the Weedy Canyon dam in Catron County, which we have estimated at $33 million." He noted the total was up from the $51 million submitted in July.

"As the design has been refined some of the components decreased in cost and some increased," Maxwell continued. "The difference is mostly in Winn Canyon. The estimated construction cost is $20,731,057. As we got more information and refined the design, the cost went up. Some of the components were developed by Stantec and some by AECOM. When we started NEPA, Stantec was asked for schematic construction and construction footprints documents. Some of the increase was due to anticipated haul distances for the material excavated from the canyon. The design also increased the size. The original hole was to store 564 acre-feet, but after Pond 6P was eliminated and Pond 5B reduced in size, storage behind Winn Canyon dam was increased to store 1,653 acre-feet of water. Increasing the hole increases the amount of excavated material. Even with the elimination and reduction of two ponds, their costs would not provide enough storage in Winn."

The present Winn Canyon Dam is owned by the Grant Soil and Water Conservation District under the jurisdiction of the New Mexico Office of the State Engineer Dam Safety Bureau. It was built in 1963 as a flood control dam. In late June 2018, the Dam Safety Bureau inspected it and declared it a high hazard classification, thus requiring a higher standard of design.

"The spillway is one of the major deficiencies," Maxwell said. "I talked to the DSB, and we would need to rehabilitate the dam to meet the 500-year maximum flood potential. Or it would need to be excavated farther upstream, which is not a viable solution. Rehabilitation of the dam and excavation from the bottom of the reservoir would be required. That is what the cost estimate is based on. With the available information, our assumptions have to be conservative."

He also noted that detailed hydrological and geotechnical investigation of the dam and reservoir site have not been performed. "Detailed investigation could reveal that the condition of the dam may be better than assumed and the cost of rehabilitation could be reduced. Such investigation could also show more advantageous conditions than assumed for the aquifer and the aquifer storage recharge (ASR) could be an effective component."

Alternatives could include moving downstream and building a new dam, but this alternative would require a supplemental environmental investigation.

To a question from Chairwoman Darr Shannon, who represents the Hidalgo Soil and Water Conservation District if Pope Canyon could be an alternative, Maxwell said he could not answer that.

Allen Campbell, representing the Gila Hotsprings Irrigation Association, asked if drainage might be a problem. "You can pump and use a pipeline. You could take something that doesn't work and use something that does. If the canyon is closer to bedrock than expected, it might make it easier. We could use farm storage at this point."

Maxwell said because Winn is in a large drainage area, the dam would require a large spillway.

Ty Bays, representing the Grant Soil and Water Conservation District, which owns the Winn Canyon flood control dam, said he has heard that one concern is sedimentation of the reservoir. "We haven't had a huge problem with that canyon and sedimentation."

Maxwell said the reason why Winn is designated high hazard is because of a residence right downstream. "There are ways to mitigate that."

NM CAP Entity Executive Director Anthony Gutierrez said removal of sediment and dam rehabilitation is in the new estimated cost. "If we utilize the sediment as part of the remediation it could help cut costs. We can't reinvent what's in the proposed action. Winn Canyon is being studied as the proposed action. It may require a supplemental NEPA and more costs if we move to a different area. More information that we have now shows that up to 12,000 acre-feet of storage could be developed in Winn Canyon. Dave created this estimate for NEPA."

Vance Lee, representing Hidalgo County, asked if the entity needed to take action for supplemental NEPA.

"My recommendation is to stay with Winn," Gutierrez said. "Although it will require rehabilitation, we could still have the reservoir in Winn Canyon and can continue with the NEPA in process. The rehabilitation doesn't change the proposed action. It refines where we're going."

Esker Mayberry, representing the Fort West Irrigation Association, said: "If we don't know the alternatives, we can't make a decision."

Gutierrez said the entity is moving toward the 30 percent design with a request for proposal. "That is where we can address alternatives."

Under new business, a request was made to pay mileage and per diem for board members traveling to Santa Fe to support the NM CAP Entity proposal at the 2019 Legislative Session.

Gutierrez said he believed it should be voted on annually because of budgetary concerns. "We would follow the Deming schedule of rates, because Deming is our second fiscal agent. We should be OK with the budget this year."

Lee asked what kind of approval would be required.

Shannon said anyone traveling has to have an insurance card from the agency he or she represents and then go through Deming to find out what else is needed.

Gutierrez said the form uses Rand McNally map mileage, but "you would get reimbursed for food. Deming wants to know ahead of time if you're going."

The payment of mileage and per diem was approved.

In the executive director report and the members roundtable, Gutierrez spoke first.

"I received a call from Marcos (Mendiola, representing the Interstate Stream Commission on the entity, but having no vote) that the budget increase we requested in December was approved," Gutierrez said. "I encourage you to contact your legislators. The power of the presence of board members at the session is incalculable. We are near to receiving the draft EIS. People have opposed the diversion because of its perceived impacts. I think we will see benefits. We will take and store the water in the winter and return it to the river in the summer, when it tends to dry up."

Bays said he understood that District 39 Rep. Rodolpho "Rudy" Martinez had introduced a bill to "raid our fund. It's unfortunate because ultimately this project will provide water to municipalities and residents that are getting their water from groundwater that is being mined. In most of those cases, it's a matter of wet water. All the money in the world thrown at an aquifer that is being depleted will not bring more water. Our project could potentially provide water to all these municipalities. I know Hurley is working on getting water to its residents, but they are talking about building a pipeline and they don't even have water wells in place. It's like building a bridge across a river with no road on either side of the bridge. If we're going to spend money, let's look at spending it more wisely. If this bill gets through, I will be asking tough questions. Silver City is throwing waste water down San Vicente Creek and it is picked up at Cameron Creek. I would like to see the hydrology study that supported that and who approved that. Silver City agreed to provide that water to a landowner downstream. I've been there. That water doesn’t smell good. Now that landowner is not getting compensated and not getting that water."

"I also want to comment on the presentation by Mr. Allison and the New Mexico Wilderness Alliance," Bays continued. "I will make some predictions. The headline in the Silver City Press will say there would be no effect on private land or the AWSA. Our congressional representatives will stand up and say there will be no effect on private land or the AWSA. We all know that's not true. The whole intent is to stop the project. And that's unfortunate. Let's be honest and don't lie to the press or make it easier for politicians to lie to us. I encourage all of us to contact Rep. Martinez and maybe our lieutenant governor and ask them to think twice about raiding this fund. This is the only new water available to the state. Let's not miss out on this opportunity."

Mayberry said: "One thing that struck me in the presentation was that no one would make a contract to sell their land and negotiate the contract after they've signed the deal. We can't agree to a wild and scenic designation before we have the details of the management plan. I know how this works. I worked for the government for 30 years. Try to tell me this is a great idea. No, sir."

Campbell said he gets emails from this group. "They are telling a lie to their membership. Every environmental group works with a lie. This may be their true feeling, but they are saying: 'We're lying for a good reason.' I believe we have priority on water rights, because we're already working on this project. This river, which I care for probably more than anyone else, is protected well by the Forest Service."

Gutierrez said he has contacted Matt Schultz, who is the lead on the Gila National Forest plan revision. "I have asked him to speak at our next meeting to learn about how the forest is reviewing these wild and scenic proposed segments. "

Bays said: "Ask Mr. Schultz how environmental groups get paid by the Forest Service without a competitive application. It seems under the table to me."

Van "Bucky" Allred, representing Catron County, asked if the entity could address the GNF Supervisor Adam Mendonca. "Some of these new forest plans have proposed wilderness on the river, which will further lock people off. Since the 1970s, these plans have been irresponsible. It costs residents. In the 1960s and 1970s, the forests were managed and harvested. We had jobs. Now we struggle with our tax base. I'm really concerned about the possibility of wild and scenic designations."

The next meeting is set for 10 a.m. Tuesday, March 5, at the Grant County Administration Center.

Right before adjournment, Shannon said: "I truly think we are much better conservationists and environmentalists than most of those people who come and oppose use. We have to take care of the land. It's our livelihoods."