ISC approves CAP Entity JPA, resolution and FY2016 Work plan

By Mary Alice Murphy

The New Mexico Interstate Stream Commission held an all-day meeting Tuesday, June 9, to address several topics. Relevant to the four-county area of southwest New Mexico, including the counties of Grant, Luna, Catron and Hidalgo, were the agenda items relating to the Arizona Water Settlements Act discussed and approved in the morning.

"I think the ISC was willing to work with the entities that may become part of the Central Arizona Project Entity to protect themselves, so we could potentially free up funding and finance a (New Mexico) Unit," Anthony Gutierrez, Gila/San Francisco Water Commission chairman, representing Grant County, and who attended the meeting, said. "The ISC did protect itself in that they have to approve the Entity's annual budget, which must meet state procurement code, in order to release New Mexico Unit Fund monies to the Entity."

The 2004 AWSA allocates an average annual 14,000 acre-feet of water from the Gila and San Francisco basins to meet water supply demands. The AWSA also allocates $66 million for any water project that meets a water supply demand, and an additional up to $62 million for construction of a New Mexico Unit. The Consumptive Use and Forbearance Agreement sets forth parameters for diverting and storing water, including how much can be taken and when. Water drawn out of the river for the Unit, consumed and paid for by users in New Mexico must be exchanged for Central Arizona Project Water to fulfill senior water rights holders downriver from New Mexico.

The state of New Mexico, prior to the AWSA-mandated decision deadline of Dec. 31, 2014, did decide to go forward with the intent of building a unit to divert and store water for the benefit of the four-county area and sent a letter expressing that intent to the U.S. Secretary of the Interior.

Much discussion on a joint-powers agreements for the AWSA-named New Mexico Central Arizona Project Entity has taken place among the members of the Gila/San Francisco Water Commission, the successor to the advisory Southwest Water Planning Group as set forth in the AWSA. Although the GSFWC itself cannot be the CAP Entity, members representing governmental bodies in the four-county area can be party to the CAP Entity.  

The CAP Entity will oversee the design, construction, operations and maintenance of a New Mexico Unit.

After many revisions to the JPA, requested by the ISC attorneys and by the attorney, Pete Domenici Jr., representing the GSFWC, language was hammered out that protected both groups.

The ISC approved that JPA on Tuesday at its public meeting. To read the complete document, visit http://nmawsa.org/ongoing-work/nm-cap-entity-jpa/nm-cap-entity-joint-powers-agreement-final-version-june-10-2015/view .

The ISC commissioners approved the JPA by resolution, which can be viewed at http://nmawsa.org/ongoing-work/nm-cap-entity-jpa/resolution-of-the-nmisc-approving-the-jpa-to-create-the-nm-cap-entity/view  

As the AWSA process has gone on since the 2004 signing of the AWSA, stakeholders have put in many hours in meetings and hashing out proposed projects, which have been extensively reviewed by ISC commissioners and staff.

Fifteen of the more than 70 projects that were originally proposed rose to the status of possibility. Some are diversion projects and many are ditch improvements, with others addressing water conservation and reuse. The ISC has chosen to partially fund several of these projects, using AWSA-allocated funding.

Another of the items addressed at Tuesday's meeting was the ISC Fiscal Year 2016 work plan, which includes several goals. One of the major things to accomplish encompasses 30 percent appraisal level engineering on a New Mexico Unit, as required by the National Environmental Policy Act to evaluate the environmental impact and possible needed mitigation. Then the NEPA process, in conjunction with the U.S. Bureau of Reclamation can commence.

Consideration in the work plan will also be given to the investment of money in the New Mexico Unit Fund, which has been accruing since 2010 at $6.6 million a year, plus interest. Investment will help the fund grow to pay future costs of design and construction of a New Mexico Unit.

Other goals of the FY 2016 work plan are to continue to inform and involve stakeholders; implement other AWSA projects; respond to litigation; and perform other studies as needed.

The complete FY2016 Work Plan can be viewed at http://nmawsa.org/ongoing-work/interstate-stream-commission/fy2016-work-plan/view