McKinley County Water Board

M I N U T E S

December 8, 2004

McKinley County Complex

 

MEMBERS PRESENT:

                  Edward Wemytewa     Pueblo of Zuni

                Paulene McCabe             Manuelito Chapter

Charley Long, Sr. Thoreau Chapter

Michael Daly White Cliffs MDWUA

               Jonathan Flannery     GIMC

Loline Hathaway Yah-ta-Hey WSD

Sherry Botkin     Thoreau WSD

Rhonda Berg Rehoboth Red Mesa Foundation

 

facilitators/staff:

Larry Winn McKinley Soil & Water Conservation District

Evan Williams Northwest New Mexico Council of Governments

 

I.                    OPENING & INTRODUCTIONS.  Board facilitator Larry Winn opened the meeting at 10:12 AM.  Larry Winn announced that the Water Board had another special presentation coming to present on the uranium mining issues – ENDAUM (Eastern Navajo Dine Against Uranium Mining) – Wynoma Foster and Gerald Brown.

II.                  MINUTES.

Charley Long, Sr. moved, and Mike Daly seconded to approve the minutes of November 10, 2004.  The motion was approved by acclamation.

 

III.                OLD BUSINESS.

A.             Discussion: Sustaining Small Systems.  Larry Winn continued the discussion regarding issues, needs, and problems that small systems providers in McKinley County have.  Loline Hathaway opened discussion by talking about the basic needs that Yah-ta-hey WSD have in hiring quality workers to read the water meters, acquiring adequate local training and workforce development, and obtaining a certified operator.  She expressed her hope to move forward the idea of organizing and holding a “Small Systems Forum”.  Mike Daly echoed her sentiments and offered that it might be best to start by breaking down the issues that effect small systems across the board. 

 

Jonathan Flannery stated that he has dealt with similar problems of three-year certification.  He started by getting area hospitals and facility operators together as a collaborative body and then talking trainers into holding training sessions in the local area to save on travel and training fees.  He added that this method has proved to be more cost-effective than sending individuals to Albuquerque to get re-certified.  Jonathan Flannery also described his experience of moving from Arizona, where they have a real active Society of Healthcare Engineering to New Mexico, where they did not have a branch.  He facilitated the formation of such a branch in NM, and suggested that one of the small districts might need to step up and move this forward for the benefit of all small systems. 

 

Loline Hathaway offered the insight regarding Las Cruces businesses that have certified operators and contract with local water groups to perform needed services.  She went on to discuss the problem of increasing regulations on water associations required by agencies.  Mike Daly added an example that the “Consumer Confidence Report” alone is a hefty task that could be automated to ease the reporting requirement.  He stated that all that changes in those reports is the water results and the rest is boilerplate that could be easily made into an electronic format. 

 

Mike Daly discussed the training issues and that the City of Gallup has offered classes locally.  Loline added that the City does have occasionally accredited classes, but that the information is hard to access. 

 

Edward Wemytewa offered insight on Zuni’s situation, and remarked that the Zuni Tribal Council is in the process of restructuring and reorganizing how they operate and staff their systems needs.  He also added that maybe at one of our future meetings, he could arrange a site tour of Zuni’s operating system. 

 

ACTION:      Design, organize, and facilitate the “First Annual Small Systems Forum” for the Water Board’s April 9th meeting.

 

SUB-ACTIONS:     

1.            Create a tasklist for organizing this meeting.

2.            Create a pre-forum survey for each small system, including but limited to questions regarding the following:

(a) Wells?  How Many?  Condition?  Year Built?

(b) Number of Clients?

(c) Employees?  Do you have a certified operator?

(d) Software?

(e) Rate Structure?

(f)   Think about issues and problems your small system faces, both in terms of physical infrastructure and as an organization; and be prepared to succinctly address those issues and problems.

3.            Script a cover letter to go over the survey explaining what it will be used for and how to fill it out, to be signed by Water Board.

4.            Script and finalize a draft agenda at the January meeting to be attached with letter and survey as well.

5.            Contact Rural Water Users Association, Tracy Svanda and April at NMED to give presentations on their opinion of the state of small systems across NM.

 

B.            White Cliffs Restoration Project.  Mike Daly updated the Water Board regarding the developments with the City of Gallup on the BLM adjacent to White Cliffs.  He stated that the item has been on the City’s agenda several times to release the 20 acres back to BLM whereby White Cliffs could then apply for it.  He stated also that the City has been on board to create a horticultural park and that the County may also be coming on board as well.  Larry Winn added that he believes strongly that the City has green lighted the project and is trying to make a three-way land swap.  The land the City is looking to acquire would be used for the CARE 66 Project to build a homeless shelter.  The land is owned by the County and is located in Christmas Canyon near the Fire Training Tower.  The proposed land swap would be to swap the 160 acres of BLM to the County for the land in Christmas Canyon, as long as the County agrees to provide White Cliffs the 20 acres it needs to start the horticultural park.  Larry Winn finished by saying that if it becomes a zero-sum game that the City would move forward by mid-December.

C.            Presentation by White Cliffs MDWUA for EGRT Funding.    Michael Daly, President of White Cliffs Mutual Domestic Water Users Association, made a presentation to the Water Board to recommend supporting his request to the County Commission for $16, 000 to repair and mitigate leaking ponds and wastewater problems.  

1.              Application / Funding History:

(a) 2000 – Richard Rose, NMED, accepted and approved White Cliffs for a 3% construction loan, which was denied by DFA.

(b) 2003 – NMFA Water & Wastewater Bill was passed, and White Cliffs was accepted to be funded at 100%, but no appropriation was made.

2.              Current Method of Dealing with Wastewater:

(a) Use holding tanks and then effluent is sent to ponds for evaporation.

(b) NMED orders that what does not evaporate needs to be hauled off.

(c) White Cliffs would need about 5 acres to evaporate right.

3.              Short Term Solution (1-2 year fix) - $16, 000

(a) To haul off by truck wastewater to the City of Gallup’s Wastewater Treatment Plant.

(b) To fix the liner of ponds, again.

4.              Long Term Solution (12-15 year fix) – ($500,000 – $600,000)

(a) Build a new pump station.

(b) Line ponds on the 20-acre parcel of land adjacent to White Cliffs.

 

DISCUSSION:

Paulene McCabe told Mike Daly that EPA, out of the San Francisco Office, have a funding source available to deal with long-term wastewater solutions.

 

Larry Winn discussed the need for water associations to have a long-range plans and long-term solutions that they are willing to pay into.  Rhonda Berg added that she was worried about endorsing a short-term fix, and asked the Board how they felt about this issue and maybe the association needed to have a long-range plan.  Paulene McCabe expressed that sometimes a short- term fix, puts a community into a position where they can pursue longer-term solutions.  There was further discussion that emergency situations do come up and need to be addressed, and Larry Winn re-iterated that emergencies are the reason for this funding source.

 

Mike Daly expressed to the Board that he would have a long-range plan to go along with his request to the Commission.  Rhonda Berg emphasized that this would set a proper precedent that short-term projects still need a long-term plan.

 

CONSENSUS:      Rhonda Berg motioned to “Recommend that after talking in depth with Mr. Daly, the Water Board feels comfortable to fund the emergency needs of White Cliffs MDWUA, pending a systemic planning document. 

                               The motion was moved by Loline Hathaway and seconded by Paulene McCabe.  Consensus was reached by the Board.

 

ACTION:     To establish a protocol to deal with short-term emergency requests that come forward.

D.            Presentation by ENDAUM on Uranium Mining.  Wynoma Foster and Gerald Brown presented PowerPoint slides and led a discussion on the following:

1.              Historical Impacts of Uranium Mining:

(a) The past problems and devastation caused by past uranium mining:

(1)       Churchrock Spill – 1979 – largest radioactive spill in US, when 200,000 galloons of mine water broke;

(2)      Abandoned mines;

(3)      Cancer cases and health concerns.

(b) Waste and tailings remain near several homesites, and jurisdictional issues remain between State/Navajo Nation on who’s accountable for the cleanup and remediation.

(c) High levels of radiation found new tailings.

(d) Even some remediation has been unsatisfactory, i.e. old Kerr-McGee waste pile, where land was “restored” by placing one-foot deep layer of clay over site.

(e) The Springsted Housing Estate project proposes building 1000 residential homes near old uranium sites and the new proposed uranium site.

2.              Proximity to Community from Proposed Sites:

(a) Crownpoint:  <1 mile – processing plant from community.

(b) Churchrock:  1-1.5 miles from community.

3.              Effects on Water, according to ENDAUM hydrologists:

(Richard Abetts - Ohio, Mike Wallace - Albuquerque)

(a) Water channels and aquifers will contaminate drinking water over time.

(b) Drinking water will be contaminated within seven (7) years and reach the NTUA-1 well in Crownpoint.

4.              Other Health Effects:

(a) Uranium is very toxic to kidneys, and kidney disease is a major problem for Navajo people.

(b) Drinking water will be contaminated within seven (7) years and cause other diseases.

5.              Legal issues: ENDAUM vs. HRI:

(a) Litigation held in US Nuclear Regulatory Commission Courts.

(b) ENDAUM has spent more than $500,000 over the past 10 years to fight this issue.

(c) ENDAUM feels that the hearings have been particularly unfair.

(d) ENDAUM also dislikes the corporate welfare (2003 Energy Bill).

6.              ENDAUM’s Goals:

(a) Protect water for generations to come.

(b) Protect community’s health and well being.

(c) No more spills or problems in the future.

7.              Other US insitu-solution leeching examples:

(a) Velasquez, TX – but they will not release evidence or documentation on water levels and pre- / post- testing.

DISCUSSION

Paulene McCabe – Are you working at passing legislation to block this at the Navajo Nation or getting the Council to stand against it?   Yes, ENDAUM has presented several times in front of the Inter-governmental Commission, but they have dragged their feet and no official stand against uranium mining has been clearly made.

Paulene McCabe – The Churchrock Spill also effected other communities along the Rio Puerco, including Manuelito and no statistical data has even been put together on the effects.  Even IHS has no information on the effect to people and livestock.

Rhonda Berg – Who is responsible for cleanup at the Navajo Nation?  Abandoned Mine Land, out of the Shiprock Office.  And the State of NM Environment Department is also assisting with Derrith Watchman-Moore.

 

Larry Winn – Is ENDAUM’s position that there is no safe way to mine uranium?  Yes.  It is also against Navajo cultural beliefs to mine or dig up anything that is in the ground – including uranium, coal, etc.

 

Jonathan Flannery – We cannot economical produce energy anymore, and without alternative energy sources will end up paying 8 to 9 times more for energy.  It is the same in the case of water.

 

Wynoma Foster – Offered the group to arrange a meeting with their hydrologist to discuss the more technical questions.

 

IV.                OTHER ISSUES & ANNOUNCEMENTS

V.                  ADJOURNMENT:  Charley Long, Sr. moved, and Sherry Botkin seconded to adjourn; the Board meeting adjourned at 12:18 PM. Next meeting will be at the McKinley County conference room at 10 AM on Wednesday, December 8th

Respectfully submitted,

 

 

                                                                        Evan Williams, Associate Planner

                                                                        Northwest New Mexico Council of Governments

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