April 14, 2004

Veterans Hall—McKinley County Courthouse

MEMBERS PRESENT:

Kurt Beamis Pueblo of Zuni

Joan Sandy Pueblo of Zuni

Charley Long Thoreau Navajo Chapter

Loline Hathaway Yah-ta-hey WSD

Sherry Botkin Thoreau WSD

FACILITATORS/STAFF:

Larry Winn Board President, McKinley Soil & Water Conservation District

Evan Williams Associate Planner, Northwest New Mexico Council of Governments

I. OPENING. Larry Winn opened the meeting at 10:05 AM. Larry led an informal discussion about the Gallup Regional System and the prospected issues surrounding that project. He talked about the politics and the delight balance between the Navajo –Gallup Water Supply Project and the Gallup Regional System. He explained that if NGWSP does not get introduced this year, or if it never gets funded – the reality and continued support of the NM Water Trust Board for GRS might wane.

II. MINUTES OF 3/10/04. There was discussion of the degree of detail in the minutes. Loline Hathaway expressed particular appreciation for the detail. Given the “research-and-advisory” nature of this Board, there was general agreement that this level of detail was appropriate as a record of the discussions, because the minutes can be referred back to by those not present and for future discussions of issues. Ms. Hathaway asked what the “standard” for such things was, saying that she, too, found herself creating detailed notes from her district board meetings. Larry Winn suggested that there is a range of detail used by different groups, and Jeff Kiely added that it usually depends on the nature of the group and of the content. Sometimes all comments need to be attributed to particular persons; at other times, the key points of a discussion can be summarized without attribution. Rhonda Berg agreed with the detailed minutes but asked that, in addition, a synopsis of actions and decisions be prepared as a shorthand report from the meetings.

ACTION: Charley Long moved, and Mike Daly seconded, to approve the minutes as presented. The motion passed by consensus.

III. OLD BUSINESS

A. Bylaws—Final Review Draft.

1. Roster: Additions/Corrections/Deletions. Mike opened discussion as to whether there was an unwieldy number of people on the Board. Larry suggested this might only be the case of the Board were to get “hamstrung,” for instance by lack of quorum. There was also mention of the many different Navajo Chapter communities within McKinley County. Charley Long expressed his interest in getting coordination going between the Thoreau Navajo Chapter and the local water and sanitation district.

Leonard Haskie suggested that Navajo Nation Water Resources Department should be represented on this Board. For example, in Thoreau the public school is caught in the middle between the Navajo Tribal Utility Authority (NTUA) and the Thoreau WSD. In inviting Navajo representation, remember that the Navajo Nation is always concerned about “who represents whom?”

Mr. Haskie went on to say that the GMCS public school at Pueblo Pintado has been a challenge. There has been a demand of 4 to 5 million gallons for construction, but BIA refused the use of two of their wells, so the School District had to approach local allottees. Rhonda Berg recommended Johnnie Francis, retired former administrator of the Navajo Water Resources Department, and Mr. Haskie agreed it would be a good appointment.

There was discussion as to the best way to invite Navajo Nation participation.

ACTION: The following refinements were made to the membership aspect of the Bylaws:

1. Mr. Kiely was asked to compose a letter for the County to send to President Joe Shirley, copy to the Water Resources Department, for an official appointment to the Water Board. The following four names would be recommended for his consideration: Chee Smith; Charley Long; Pauline McCabe; Johnnie Francis.

2. Additionally, the Water Resources Department would be invited to appoint a technical staff representative, to be considered a non-voting “staff position” in support of the Board, similar to the COG and the Soil & Water Conservation District.

3. The Gallup Joint Utilities office would also be invited to appoint a staff representative to advise the Board, with an emphasis on the inter-relationship between City and County water issues.

ACTION: Mike Daly moved, and Leonard Haskie seconded, to adopt the Bylaws as amended and to forward them to the County administration and Commission for ratification.

B. Regional Water Plan. Jeff Kiely introduced the topic, namely that the Board had agreed to defer action on adoption until time had elapsed for review of the Region 6 Water Plan. He emphasized that it was a planning document – cumulatively over 10 years in the making – and as such, was not a regulatory instrument but rather a guide for local and regional cooperation in meeting the short- and long-range water needs of the people of the region. The Interstate Stream Commission officially “accepted” the Plan at its January meeting; specific adoption by local entities would only assist in making it a “living” document to be used for advancing the water interests of the region.

ACTION: Leonard Haskie moved, and Mike Daly seconded, to adopt the Region 6 Water Plan as submitted to and accepted by the New Mexico Interstate Stream Commission. The motion carried unanimously.

C. Water Board Data Template. Jeff Kiely introduced the Board to the webpage newly built by COG planner Evan Williams – a first step toward creating a mechanism for gathering and disseminating information on water issues.

D. Issues Followup.

1. Churchrock Uranium Mining Proposal. In follow-up to the discussion of this topic at last month’s meeting, Mike Daly offered to facilitate bringing in various stakeholders to discuss this topic with the Board. There was substantial discussion of this idea, with general agreement that this was a very important issues in this area; if we are not informed on this, then we’ve been derelict in our duty. Key points:

§ Include both proponents and opponents as presenters, probably at different times.

§ Make sure that technical people are available to help evaluate the information being given.

§ Keep things orderly, with ground rules, an agenda, etc.

§ Make sure that the focus/purpose is clear: it’s the Board looking to educate itself on the issue – not an “open forum” or public hearing. Any guests would be observers.

§ Leonard also brought up the issue of new EPA standards for radiation levels in water supply, and which levels would apply, for instance to public schools, since water is often supplied by commercial water deliverers. He wondered what the ramifications of in situ leeching would be, and what water treatment would be appropriate; the media tend to sensationalize the issue, so we need to look at the facts and understand the whole thing. Rhonda agreed that we would want to know what technologies would be available to ensure protection of water supply and the public.

§ Joan Sandy agreed the getting the facts would be an important first step, and asked what the land ownership status of the proposed mining site would be – which might determine whether EPA or NMED standards would be applied.

§ Sherry Botkin commented that Thoreau WSD had abandoned one well in 1998 due to high radon counts. Mike added that the New Mexico Environment Department had determined that, next arsenic, uranium was the State’s #1 contamination issue. Rhonda mentioned that an engineer from Wisconsin would soon be visiting the area, and this brought to mind that it might be a good idea for the Board to get expert advise and assistance from engineers at New Mexico’s universities. Mike agreed, suggesting for example that New Mexico Tech could be asked to help with the analysis of the in situ leeching proposal.

ACTION: It was agreed that Mike Daly would develop a plan for proceeding to work on this educational project, which might include a series of presentations in the following suggested order: (1) proponents of the in situ mining operation; (2) opponents of the operation; (3) technical advisors, such as from the Office of the State Engineer, other hydrologists; (4) representatives from the Nuclear Regulatory Commission. Mike would present this plan at the next Board meeting. Once the educational process was complete, the Board would then decide what next steps it would want to take in advising the County Commission on this issue.

2. Zuni River Basin Adjudication. Joan recommended that Board members get caught up on the status and issues of the adjudication by going to the web at http://www.zunibasin.com/. Mike asked whether we might also be able to get plaintiffs and defendants in this case to address our Board. Joan indicated that she would look into it, adding that the next “status conference” on the Zuni River adjudication would be held in Gallup; she will share dates, times and places with the Board members.

Joan emphasized that this adjudication was independent of the Zuni Pueblo’s opposition to the proposed Salt River Project mine in the Fence Lake area. She said that there are continuing environmental issues that Zuni continues to fight against for similar reasons, such as a new proposal to explore coal-bed methane, for which BLM had already granted an exploration lease. On the other hand, the purpose of the Zuni River adjudication is to quantify the Pueblo’s water rights.

Larry Winn commented on the potential environmental detriment from the Federal government’s streamlining of the permitting process (supported by Sen. Domenici) for coal-bed methane and related mining operations in the West – such as in Farmington, Hobbs and the Powder River Basin Wyoming (up to 35,000 wells in Wyoming; up to 15,000 wells here in San Juan County); for one thing, these wells use “unbelievable” amounts of water.

IV. CONTINUING ED: The Gallup Town Hall on Water. This topic was deferred to a future date.

V. OTHER TOPICS AND ISSUES. There were no additional issues for discussion.

VI. NEXT MEETING: Due to multiple schedule conflicts on May 12^th, it was confirmed that the next meeting would be held on Wednesday, May 19^th, 2004. Joan indicated that she would start working on a date for inviting the Board out to Zuni – either on May 19^th or later in the summer. It was likewise suggested that the Board conduct a “field trip” to the White Cliffs MDWUA to look at the reverse osmosis system recently installed there. In future, we would look to include hosting-&-presentations by the respective constituent groups on the Board, e.g., the School District. Leonard will begin looking into such a meeting for later in the summer. If not at Zuni or White Cliffs, the May 19^th meeting will be held starting at 10:00 AM at Veterans Hall in the McKinley County Courthouse.

VII. ADJOURNMENT: Leonard Haskie moved, and Charley Long seconded, to adjourn. The meeting adjourned at 12:05 PM.

Respectfully submitted,

Jeffrey G. Kiely, Deputy Director

Northwest New Mexico Council of Governments