[Editor's Note: This is part 3  and the final article on the workshop held with state agencies, mostly virtually on Wed., Feb. 22, 2023. This author attended the morning sessions, but not the afternoon ones.]

By Mary Alice Murphy

After a break for ditch owners to visit with New Mexico Department of Transportation that will begin work on removing debris from ditches on Monday, Feb. 17, 2023, the next presentation came from Paula Garcia of the New Mexico Acequia Association.

Garcia thanked Southwest New Mexico Council of Governments Executive Director Priscilla Lucero and Grant County for hosting the workshop, and Matthew Smith for facilitating the session.

Serafina Lombardi, NMAA program chairman, also participated.

Garcia said she understood the legacy and heritage that the ditch owners want to continue.

Lombardi noted it had been a challenging year. "I'm here to provide wrap around services to connect the dots."

Garcia said: "We did not get federal emergency funding. The funding was made available from the governor to the county. The ditches all need their bylaws up-to-date, as well as their GIS coordinates because the disaster already occurred."

"Because of the flooding as a result of the Black Fire, each acequia has to file an application for disaster assistance," she continued. "The county, under the request of the COG, approved the emergency for the acequias. They are eligible for short-term and long-term disaster assistance. The emergency work is the debris removal, and the flooding and runoff caused by the fire can be recurring. This was unprecedented in our history. We're reinventing what we need to do. All the different agency partners are working together, and the mechanisms are in place. We have an interagency agreement with the Department of Transportation and the Department of Homeland Security and Emergency Management. The DOT is hiring the contractor to remove the debris at the cost of the state. We are also coordinating with the ISC (Interstate Stream Commission) and the New Mexico Soil and Water Conservation Districts. However, they are two different mechanisms and two different processes. The money does not go directly to the acequias. The money is happening at the state level."

She said the debris removal can happen multiple times over the years because of the severity of the burn scar. "We want to get the water flowing. There may be some gray areas, such as replacing culverts, replacing headgates or building up berms. The funding is for repairing the infrastructure enough to get the water flowing into the ditches, not for improvements. Even if you receive state funding, you have to apply for other money for the long-term rebuilding of structures and realigning the ditches, which may take years. Some projects can involve engineering and design work. You can also rely on the ISC disaster help program. Each acequia should give right of entry for the debris removal."

She noted that bylaws are the foundational document for each acequia showing that it is a local government entity. Only the state is requiring this governmental status, she said. "We recommend your documents be filed with the Officer of the State Engineer (OSE)/ISC. They need to be available to the public. We have a bylaws template to keep you current with state law. They don't need to be regularly updated, but they need to be current. You also need your EIN (employer identification number) number."

Lombardi said: "Whatever your bylaws are, they are your governing document. They are fine for disasters. If you want to apply for ACDIF (described as acequia rehabilitation program) funding, you need to apply by March 14. We are discouraging you from doing permanent changes because of recurring flooding for years down the line. The bylaws should model your policies. They should show you how to make a financial decision. We advise you to vet them to make sure your practices match the state process. You need to make sure you have these documents to keep you out of trouble. They need to show how you notice meetings, for example."

Garcia asked the acequia owners to take some time to review "our checklists and templates, because they are helpful for you to have updated bylaws. They are representative of your status as a local government. The EIN is needed for your bank account."

Lombardi said: "We find acequias that don't have EINs, and they are under someone's Social Security number. That often is not acceptable. The EIN is the only thing you need to set up a bank account as a local government subdivision. You also need a commissioner to enter his or her social security number and address. And it cannot be a post office box number. Give me a call, if you need help with all this."

"One more thing I wanted to make clear," Garcia said. "If the DOT or a state contractor is doing the work, you are not liable for payment. If you do get state funding into your bank account, it will trigger a larger reporting level to the auditor. If you have under $50,000, you need to be compliant with the state auditor. If more than $50,000, it requires different levels of auditing. If you accept any funding, there will be auditing assistance for you to remain compliant."

Lombardi said: "You have to be in full compliance. There are only three ditches on the Gila, and they are not in full compliance. I'm here to help you. Call me soon if you are not compliant and are hoping for capital outlay."

Garcia said even her ditch was not in compliance. "Do it now. You are not alone."

A woman asked where to get the list to find out if the ditch is compliant.

"I have mixed feelings," Garcia said. "I'm very protective of our acequias. This is a fairly recent requirement. Also, mutual domestics, and not just acequias have to be compliant. It's public information. Many acequias are off the radar. We can put you in contact with the list."

Lombardi told it straight. "None of you is in full compliance. If you want us to work on compliance with you, we will."

Lucero noted: "We have 10 acequias who have applied for capital outlay. We have to get them compliant as soon as possible. What is the fastest way? You or can we do it? We have the local governments, the COG and a USDA representative. We can be the chief procurement officer, the county can do that, too, so let's work together offline."

On that note, the attendees took a lunch break, before the afternoon sessions, which included the presentation of the state disaster assistance program (DAP), supportive documentation form review and a question-and-answer session for the state DAP process and forms.

[Author's Note: This concludes the reporting of the sessions I attended.]

For the first two articles in the series, visit https://www.grantcountybeat.com/news/news-articles/76794-new-mexico-acequia-disaster-recovery-workshop-022223; and https://www.grantcountybeat.com/news/news-articles/76839-nm-acequia-disaster-recovery-workshop-022223-part-2 .