McKinley County Water Board

M I N U T E S

December 21, 2005

McKinley County Commissioners Chambers

 

MEMBERS PRESENT:

                Paulene McCabe             Manuelito Chapter

Rhonda Berg                   RRMF

Sherry Botkin Thoreau Water & Sanitation District

Loline Hathaway Yah-ta-hey Water & Sanitation District

Michael Daly White Cliffs MDWUA

 

facilitators/staff:

Evan Williams Northwest NM Council of Governments

Jeff Kiely Northwest NM Council of Governments

Larry Winn McKinley County Soil & Water Conservation District

Marc Edwards Water Consultant

Ernest Becenti                   County Commissioner

 

 

I.                    OPENING & INTRODUCTIONS.  Board facilitator Larry Winn opened the meeting at 10:11 AM, and introduced Marc Edwards, a water consultant, out of Albuquerque.

II.                  Cibola Water Rights Purchase Update.

Evan Williams gave a quick overview of the proposal from Joe Diaz regarding the old ARCO water rights in Cibola County and the possibilities of entering into a joint governmental water bank with Cibola and McKinley County governments.  Jeff Kiely detailed the broader concepts in this projects, and what a regional water bank and/or board could mean for the area residents.  This group could be tasked with pooling all existing water rights into a bank for public and/or private use.

 

Ernest Becenti discussed his opinion on the future of water and how the County of McKinley should be proactive in its efforts to secure and purchase water rights.  He further explained how this tied to economic development.

 

Marc Edwards gave his opinion on these proposed water rights.  His gut feeling was that if any wet water was real – that Albuquerque would have acquired it a long time ago.  He had done primarily investigations at the State Engineer’s Office to render a hydrologists opinion on these rights; no such opinion was found.  Marc Edwards told the Board that if they really wanted to pursue this claim that they lobby a State Legislator to appropriate or ask that the State Engineer’s Office research this claim as a line-item in their budget.  They would need the water source to sustain pressure for at least 20 years to determine this as a worthwhile source.  Marc Edwards also mentioned that it might be necessary or prudent to send a letter to Senators Bingamen and Domenici to ask them to review this claim, which they could easily appropriate USGS or Bureau of Reclamation to do a study.

 

The Board agreed that careful and light action needed to take place on this issue, thus:

 

1.      The Board would script a letter, based on the recommendation that was already presented to the County Commission, to send to Cibola County determining interest in pursuing this claim to the next level.

2.      Mike Daly agreed to script a letter to Joe Diaz requesting more water testing, a hydrological study of his rights to how long they would last with pressure, and more information on the 12’ pipeline that he described in a previous meeting.

 

III.                Quick Update on Uranium Mining Report

Mike Daly described the process the Water Board took in presenting their recommendation to the County Commission.

 

He also told the Board that Southwest Research & Information Center responded to Mike Daly personally in a negative manner regarding the report, claiming that they were never giving adequate time to appeal their case to the Board.  Mike Daly responded to SWRIC and discussed with the Board, highlighted all the times that he invited them to present their case to the Board.

Evan Williams also mentioned that a case between EPA and HRI was in progress, one that the COG had offered a letter regarding, which he felt the Board should follow.  The case was to determine if the Churchrock site (Unit 8) should be considered “Indian Country” and thus fall under the purview and regulatory standards of EPA, or if not, fall under the purview of the State EMNRD.

 

 

IV.                2006 NM Legislative Session Statewide Legislation

Marc Edwards discussed his background and described his years on Bingamen’s staff lobbying and staffing water legislation, and that he had worked with Jeff Kiely on the Region 6 Water Plan for this area. 

 

He described that the Water Trust Fund, which was organized to act as leverage for Federal funding on huge, regional infrastructure projects, such as, Navajo-Gallup Water Supply Project was never capitalized.  This session Marc and others are working on legislation that would capitalize this account.  Marc Edwards was looking for support Statewide on this initiative.

 

Rhonda Berg moved, and Loline Hathaway seconded a motion to support the resolution that Marc Edwards presented the Board, and to advocate for its passage at the next County Commission meeting.

 

Larry Winn asked about the Legislative strategy in NM and at the Federal level for NGWSP. 


Mike Daly asked why the NGWSP could not use Animas-La Plata project as the example of phasing in a project that was also “never going to happen”, and how about building alternatives to delay a water crisis by developing the reverse-osmosis capacity in the mean time.

 

Larry Winn agreed and stated that NGWSP was using that very approach, and the example he referred to was the phased build-out of the Gallup Regional System in relationship to the NGWSP.

 

Marc Edwards described that the NGWSP is also being phased and right now is funded to start with infrastructure build out in the Cutter Lateral portion of the project near Eastern McKinley County.  He also discussed the G-22 application that the City of Gallup is submitting, which needs Navajo Nation support.  Finally, he stated the unique and complex partnership that exists on NGWSP that includes the City, State, and Navajo Nation.

 

Larry Winn added that the NGWSP still needed a 75% Federal cost share, and that the City is moving forward on complimentary water solutions and strategies including an application to the State Engineer’s Office for G-22 and the City has purchased lands west of the wastewater plant for evaporation ponds for a RO plant.  He added that the City Council supports these projects.

 

The Board then discussed the Cibola Water Rights Purchase again in the context of NGWSP.  Mike Daly discussed how that 12’ pipeline if it existing could be a great asset in the build out of this project or in the perceptive of a County-wide, regional system.

 

Evan Williams asked Marc Edwards to describe the regional planning activities and legislation at the State level.  Marc Edwards stated that the regional plans (in our case – Region 6) need implementation funding and that Marc and others are soliciting State support to do so along with the Interstate Stream Commission.  He also mentioned that regionalization work also needs funding to help local governments acquire the capacity to do so.

 

Evan Williams announced to Marc Edwards that the County just yesterday signed a resolution to support regionalization efforts in McKinley County, and are in full support of funding for local communities to do so.

 

Evan Williams presented a list of legislative water & wastewater projects as prioritized by the Board a year ago with Marc DePauli.  He also pointed to the funding on that list that is being requested to do regionalization, which would match any monies that Marc Edwards’ efforts could produce.

 

 

V.                  Application & Funding Reports

A.             Water Trust Board – Jeff Kiely reported on a grant for $4.8 million that was presented to the Water Trust Board the sister fund of the Water Trust Fund, which was recommended to the State Legislature for full funding.  The funding would go to pay for phases of the Gallup Regional System - the back end of Navajo-Gallup, Cutter Lateral, Twin Lakes well which adds groundwater capacity, and inter-linking pipelines for Twin Lakes to Ya-tah-hey.

Project is 75% designed by Marc DePauli, who has layed out the project.  This will get us funding through 2006 and we would re-apply in 2007.

           

B.            Wetlands Restoration Grant  - Larry Winn discussed the Soil & Water Conservation District’s grant for the Rio Puerco restoration project.

 

C.            CDBG Planning Grant  - Mike Daly and Loline Hathaway still needed to meet with Marc DePauli and get a copy of this plan, but at first glance they felt this plan probably did not meet their needs.  Larry Winn suggested the Board re-visit the oversight of this project.

 

VI.                Gallup Town Hall

Larry Winn mentioned that some of recommendations in this document were slated for implementation by the Gallup Water Board, and could be discussed at the Mckinley County Water Board, too.

VII.              Comp Plan Implications

Evan Williams announced that the County adopted the Comp Plan – Phase II, he stated that there were several overlapping goals and implementation plan that implied work this Board is already starting to focus on.

VIII.            OTHER ISSUES & ANNOUNCEMENTS

 

IX.               ADJOURNMENT:  Loline Hathaway moved, and Mike Daly seconded to adjourn; the Board meeting adjourned at 12:07 PM. Next meeting will be at the McKinley County conference room at 10 AM on Wednesday January141h, 2006.

Respectfully submitted,

 

 

                                                                        Evan Williams, Associate Planner

                                                                        Northwest NM Council of Governments

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