McKinley
County
January 26,
2004
MEMBERS
PRESENT:
Michael Daly
White Cliffs MDWUA
Edward Wemytewa Pueblo of
Zuni
Joan Sandy
Pueblo of Zuni
Leonard Haskie Gallup-McKinley
County Schools
Rhonda Berg
Rehoboth-Red Mesa Foundation
Jonathan Flannery Gallup Indian
Medical Center
Douglas Decker
McKinley County
Loline Hathaway
YahTaHey Water & Sanitation District
FACILITATORS/STAFF:
Larry Winn
McKinley Soil & Water Conservation
District
Jeff Kiely
Northwest New Mexico Council of Governments
I.
OPENING. Larry Winn opened the meeting at 10:20
AM. Introductions
proceeded.
II.
NOTES
& HANDOUTS. A number of handouts were provided to
the members, including notes from the January 7th meeting and copies
of the Region 6 Water Plan executive summary and PowerPoint
notes.
III.
COUNTY
ISSUES & PRIORITIES. Doug Decker provided a brief overview of
the County’s interests in the work of this Board. He noted that a couple of the
Commissioners were new to their positions and thus facing a wide range of County
problems, including water. The
Commissioners want to be brought up to date and advised on the water issues
being faced by the County.
The
County does not own or operate its own water system, so the Commission does not
get water-related information on a regular basis. The Commission does participate in
broader regional water plans and projects, and they need to be knowledgeable
about the issues and present the County’s positions and interests in those
settings. For example, what are the
implications of the Region 6 Water Plan for County policy? Which rural communities will be served,
and not served, by the Navajo/Gallup Water Supply Project? What can the County do with
subdivisions, extra-territorial zoning ordinances, conservation measures? How can the County be sure their fire
stations have adequate water supply for fire suppression in their areas? The Commission needs this Board to at
least identify the questions, raise the issues, and bring reports and
recommendations to the Commission.
Mike
Daly commented that the scope of issues might normally require a “sharp
consultant,” but since the County can’t afford that, “we’re it.” Therefore, we need to education
ourselves, get a focus, separate out the issues and start working them into
shape.
Larry
asked Doug if the County had any specific water issues or initiatives in mind in
its own domain? Doug responded that
the Subdivision Ordinance has been in place since 1997. When it comes to fee lands, the County
has to review all subdivision plans, each of which must disclose a plan for
providing 40 years of water supply.
There appear to be two kinds of subdivisions: (1) those on large tracts, where the
purchaser/developer drills his own well; and (2) small tracts, which become
associated in a community water system.
Those subdivisions being established within Water & Sanitation
Districts must get those Districts’ approval.
Mike
raised the question of water issues not directly on County land but
potentially affecting the County; e.g., the uranium mining history in Churchrock
has resulted in water quality problems which could migrate to County areas. Also, Ft. Defiance Housing Authority
plans a huge housing development north of Churchrock – what will be the impact
on the County? Doug explained that
the former “Springsted” property in question is on fee land, but it is owned by
the Navajo Nation. The Navajo
Nation doesn’t see the need to consult with the County, but the County wants to
review development on all fee lands within the County, regardless of
ownership. Jonathan Flanner added
that the IHS hospital is in a similar situation: GIMC is a Federal facility, and the City
of Gallup has no jurisdiction over its water usage.
Rhonda
Berg inquired regarding how such lands are served, such as for police
service. Larry suggested that
services were inconsistent in such cases, and Edward Wemytewa indicated that
there are intergovernmental agreements covering such services, and although IHS
could extend services, BIA will not provide services on fee lands. Rhonda noted the inter-jurisdictional
complexity of such situations and spoke to the issue of “protectionist”
versus “service” interests.
Perhaps the Commissioners could be advised to advocate on behalf of
extending services to people across jurisdictional lines.
On the Springsted development issue, Jonathan indicated that he wasn’t aware of the County’s ordinance concerning its need to regulate all fee lands, and in the case of the potential IHS project serving the new development, he could see IHS backing off on the development until the Ft. Defiance Housing Authority went through the County channels. Doug noted this and indicated that the County had filed the question with the Attorney General’s office. Lolita Hathaway wondered whether this raises the concern of the County taking on certain issues, but others. Doug emphasized that the County was not anti-development but just wanted to implement its regulations equally across all pertinent jurisdictions. Jeff Kiely noted that IHS also has its 10-year plan that new projects need to fit into.
Councilman
Wemytewa suggested that this Board promote cooperation and education of the
public; for example, how do we let new “move-ins” know more about the water
situation in this area? Larry
indicated that sellers must always disclose the availability of water, but the broader
need to properly inform potential buyers is probably still there; should we take
on such an informing role?
Mr. Wemytewa thought the Board should work on how to do that, adding that
the Pueblo of Zuni is equally interested in inter-jurisdictional issues such as
those affecting Navajo-area communities.
Mike Daly added that the Subdivision Ordinance requires that a developer
file a 40-year plan of depletion.
The key here is that the County needs to apply regulations consistently,
so that all get equal treatment and play by the same rules – which should
include the Navajo Nation. Rhonda
Berg suggested that this Board write a letter to the County administration
expressing this concern. There
was general agreement with this course of action.
IV.
Organizational
Structure. Larry
Winn distributed copies of the Bylaws that were developed for the Gallup Water
Board, as a reference point for how this Board may wish to proceed. Doug Decker indicated that the County
does agree with having a representative type of committee, so for this
reason it identified categories of users into groups, and then representatives
would speak on behalf of those groups.
Jeff Kiely provided a copy of the list of groups as originally
formulated.
Leonard Haskie indicated that the Schools do have an urgent interest in water, especially during those times when rationing is applied. There are cross-over issues with public school facilities in Navajo communities, such as Tsayatoh and Pueblo Pintado, where there was inadequate planning for water supply. The Schools are concerned about rural water systems, including issues of water quality. He also mentioned the water gushing out of the spring at Tohatchi: isn’t there a way to capture this and store it for beneficial use? Leonard indicated a keen interest in the Navajo/Gallup Water Supply Project, as well as in such issues as who authorizes water system charges as related to new construction. Larry referred him to Gallup Joint Utilities Director Lance Allgood.
Regarding the issue of whether to have bylaws, Doug indicated that the County could certainly review and adopt them, based on the Board’s initial recommendation. It was agreed that a work group will be designated to work up a first draft of the Board’s bylaws: Jonathan Flannery, Loline Hathaway, Larry Winn, Evan Williams and Jeff Kiely. Mr. Kiely will provide an initial draft to members for their review.
V. REGION 6 WATER PLAN. Jeff Kiely provided copies to all members of the Executive Summary and PowerPoint presentation for the Region 6 Water Plan and reported that the presentation in Santa Fé on January 21st resulted in a resolution of acceptance by the New Mexico Interstate Stream Commission. He provided an overview of the contents of the Plan (covering Cibola and McKinley Counties south of the San Juan Basin) and indicated that it was now a working document that can be continually refined and updated, including input from this Water Advisory Board. The Regional Plan will now serve as a basis, for instance, for qualifying project applications to the State’s Water Trust Board for major infrastructure development, as well as tie in with the State Water Plan.
VI. WATER ASSOCIATIONS—CDBG PLANNING GRANT. Jeff Kiely notified the Board that the County would be receiving on February 10th “pre-applications” for water system planning grants, which the County could choose to develop and submit to the New Mexico Community Development Council through the Local Government Division. Pre-application forms are available from the Council of Governments, and the COG will be preparing the full grant applications upon review and direction by the County Commission.
VII. CLOSING COMMENTS/NEXT MEETING. Larry Winn provided closing comments and suggested that the Board designate, for the time-being, a meeting schedule they would like to keep. It was decided that, in general, meetings would be held on “odd” Tuesdays or on Wednesdays each month. In order to keep things going and comply with current staff schedules, the next meeting will be held at 10 AM in Veterans Hall on February 10th. At this time, an overview of the Gallup Town Hall on Water will be provided.
Respectfully submitted,
Jeff Kiely
Deputy Director, Northwest New Mexico COG