[Editor's Note: This is the final in a seemingly never-ending series of articles on the LONG County Commission meetings more than a week ago.]

By Mary Alice Murphy

To read the previous discussion on this resolution, visit https://www.grantcountybeat.com/news/news-articles/63825-grant-county-commission-discussed-house-bill-200-resolution-at-work-session-030921

[Author's Note: This article and the previous one above are likely moot at this point, as the Legislature did pass HB 200 and it is headed to the governor's desk. So, if you don't care about this issue, don't bother reading either article, unless you want to know the truth about what happened and what was said on the AWSA water issue.]

District 5 Commissioner Harry Browne proposed the resolution supporting HB 200. On the agenda, it was titled: A Resolution Supporting NM House Bill 200, Which Would Speed Funding of Water Projects in Southwest New Mexico and Urging the Interstate Stream Commission to Fund Technical and Planning Support for Local Entities to Apply for NM Unit Fund Monies.

(Editor's Note: From everything this author and editor have heard from representatives of agencies, municipalities and counties, the bill has likely the usual misleading title, as the requirement to "speed funding of water project in southwest New Mexico," is likely to be far from the truth. From what those who have applied for funding from the Water Trust Board have said, it is a slow, onerous and expensive process, not likely to speed up any projects.]

Browne, after the discussions at the work session on March 9, 2021, brought forward at the regular meeting on March 11, three changes to the resolution, which added language that communities across the four counties face significant challenges to the sustainability of their water resources; that the Board of commissioners request the Water Trust Board adopt a process for southwest New Mexico that simplifies the application process; and it requests that the governor choose qualified representatives from the four-county area to serve on the Water Trust Board.

He noted that several members of the public had thanked him for his efforts, including those who spoke in public input in favor of the resolution.

[Editor's Note: As the issue is moot at this point, this author is not taking the time to report the support for the resolution and opposition to the New Mexico Central Arizona Project Entity, which is the successor to the Southwest New Mexico Water Study Group as named in the Arizona Water Settlements Act to provide consultation on area water projects to the Interstate Stream Commission. Only one person spoke in opposition to the resolution during public comment.]

"I want to thank the rest of you for your work on it," Browne said. "I appreciate the research you've done, and I appreciate Commissioner Billings for his experience on the NM CAP Entity. We all say we wish politics could be kept out of the issue and red tape cut. I think all of us view that the flaw with the Water Trust Board is that it does not have representation from our area, so the governor must rely on us to suggest qualified applicants. If we don't support the resolution, I think she may not support our request for representation."

A motion was made and seconded to allow discussion. District 2 Commissioner Javier "Harvey" Salas called it a "sensitive issue."

"I agree the CAP Entity has not been able, whether because of politics or whatever, to do anything," Salas continued. "I think HB 200 will pass. And I think we should have local representation on the Water Trust Board. I have been told that we will have representation to help us get funding."

District 4 Commissioner Billy Billings read a letter in opposition to the resolution from Deming City Manager Aaron Sera. In it, Sera said the City of Deming passed a resolution opposing the legislation since it would remove regional and local representation on how the New Mexico Unit Fund is allocated for local water projects. He stated the city has to hire consultants to apply for Water Trust Board funding due to the complexity of the application. He states: "It is an expensive process for us and often takes several years to be funded. Our governing body agreed that smaller water associations do not have the same capability of larger local government entities and wanted to ensure we all work together toward our water needs."

Sera noted that Deming has been a member of the Southwest New Mexico Water Study Group and its successors all the way to its membership with the NM CAP Entity, "because it truly represents our region." He said HB 200 re-establishes the successorship not by its representation of any regional entity but "solely by utilizing partisan legislative action."

He then said he has a real concern on the political and bureaucratic process of the Water Trust Board. "This prevents the smaller communities from competing for infrastructure dollars with larger communities. … and there is potential for changes in policy since the Water Trust Board is mostly appointed by the governor."

In conclusion, Sera stated he asked that the Grant County Commission reconsider supporting HB 200 and "remain a vital partner in our water needs through the four-county region."

District 1 Commissioner and Chair Chris Ponce thanked Billings for reading the letter. He noted the legislation would remove local representation and the city has to hire consultants. "It's why I sort of proposed a new simplified process from the Water Trust Board for southwest New Mexico and why I want representation from our area on the board. It's hard enough for us, as a county with resources, to fill out the application. We also want assistance for smaller entities. It's disheartening for me that in 2021 Hurley still doesn't have its own water supply. Tyrone is having problems, and so is Hanover. It's more than the communities. We have to support the farmers and ranchers. That's why representation from this area is so important."

Billings handed out some informational sheets, including the analysis of the bill from the Interstate Stream Commission, which wrote that basically it is not in support for the reasons listed. Billings noted that the ISC was working with the NM CAP Entity on a new path. The majority of the members of the entity understand that the majority of funds will be for non-diversion projects. "I would like to point out that The Nature Conservancy is working with at least one of the ditch associations on the Gila River to improve the ditch infrastructure. There is also an ISC and Virden project in planning stages. The NM CAP Entity reasons for opposing HB 200 include whether it is even legal, as the federal statute, the Arizona Water Settlements Act, stipulates the water study group and its successor to be the consulting group with the ISC. The NM CAP Entity attorney agrees with the ISC attorney that there could be lawsuits."

He said he appreciated the addition of the language to the resolution to the Water Trust Board to simplify the process. Sen. Siah Hemphill (a sponsor of the bill) said she is working on getting $150,000 to go to the Southwest New Mexico Council of Governments to help local groups get funding. "It is safe to say that Priscilla Lucero (SWNMCOG executive director) has serious issues with the Water Trust Board application. I want to support this language in the resolution, because the simplification process is not in the legislation, but could be added. I hope the governor would appoint at least two members to the Water Trust Board from southwest New Mexico. We're part of the state and we need representation."

Browne noted that the main sponsor of the bill Rep. Matthew McQueen said he was going to request a letter from the state engineer acknowledging the difficulties that smaller organizations have with the application process.

Ponce said he hoped the legislators would listen to the request to simplify the process.

"I know Senator Hemphill has heard our concerns," Billings said. "And Priscilla was concerned about the two-tier process of determining those who receive Water Trust Board funding. I will be voting no, because I believe the bill violates the supremacy clause and I question the legality of the bill, plus I represent the New Mexico CAP Entity's opinion as the county member of the entity."

District 3 Commissioner Alicia Edwards said she thought it was important to say that despite the commissioners not agreeing on all points, "I think we have worked to make sure everyone's voice is heard. It feels like we're making progress on an issue. I appreciate when we can come together in conversation and discuss the issue."

Ponce said it had been brought up to him about the legalities of the legislation, but he said: "I would be disappointed if we were still in the same place in two years. We need to listen to our constituents. Hopefully, something will bring money in to help our communities."

Browne said he would offer to stake his full reputation on not fearing a lawsuit on the supremacy clause. "For the sake of time, I'm not going to go into all the reasons."

Salas said he thought it was an opportune time to put amendments into the legislation with the anticipation of it being accepted. To Commissioner Billings he said respected everything Billings had said and stated it took "intestinal fortitude to present opposing comments. And I think you as chairman of the entity have brought more credibility to the entity. You follow your own mind."

Commissioners took a vote on the motion to support the resolution, and it was approved 4-1 with Billings as the dissenting vote.

During Commissioner reports, Edwards had none. Browne said he had just heard that morning that Hemphill had managed to get $100,000 instead of the $150,000. "I hope that is sufficient to do the job." He also noted that he had heard several comments on audio quality. "I feel like we can afford a better system. I can't even understand myself on the videos."

Billings acknowledged that even though everyone knew he was going to vote against the resolution that they let him be part of the amending of it. "As for the $100,000 that Sen. Hemphill was able to get, I have full confidence in our Southwest New Mexico COG to put it to good use."

Salas said smaller entities often have great difficulty in navigating funding opportunities. "If it weren't for the COG, we wouldn't have any chance. I would like to see things that would reduce crime, such as street lights in Hanover, and I hope our unincorporated areas can have access to such funding."

Talking about the earlier proclamation about the flyovers, Salas said. "I know many World War II veterans are appreciative that there still will be training. I appreciate that we did not negate any chance of training."

Ponce noted that he has received emails about the Wild and Scenic designation of portions of the Gila River and concerns over the economic impact it could have on mining, farming and ranching. "I have stayed in contact with Sen. (Martin) Heinrich, and I know Freeport has had discussions with Udall and Heinrich. I don't know where Sen. Ben Ray Lujan stands on the issue. I have reached out to him on whether there will continue to be meeting on the affects it may have. I do understand what the economy means to Grant County and the jobs that mining, farming and ranching provide. One of the emails I received educated me to valid concerns. I realized I needed to educate myself on some of the mining processes. I want to make sure the public has input on the wild and scenic designation. I do support protecting our rivers. I will work with both sides. I suggested to those who contacted me that they write to our senators, but I will continue to get as much input as I can from constituents."

Browne asked that Ponce share the emails with the other commissioners or paraphrase what the individuals said.

"I will reach out to this individual," Ponce said. "I love emails that educate me."

The meeting adjourned.

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