June 9, 2004

Pueblo of Zuni

MEMBERS PRESENT:

Kurt Beamis Pueblo of Zuni

Joan Sandy Pueblo of Zuni

Charley Long Thoreau Navajo Chapter

Rhonda Berg Rehoboth-Red Mesa Foundation

Paulene McCabe Manuelito 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 10:14 AM.

II. MINUTES OF 5/19/04. There were no minutes ready or prepared for 5-19-04, but Evan Williams will present the Board with both - this and last meeting’s minutes, at the group’s next meeting in July.

III. OLD BUSINESS

A. Discussion of the Gallup Regional System. Larry Winn led a discussion over the political climate associated with the Gallup Regional System project, and the mutually dependent relationship he felt that the Navajo-Gallup Water Supply Project has with the overall success of the Gallup Regional System.

B. Discussion around Water Board hosting Legislators. The Board discussed the possibility of hosting a meeting that educated State Legislators on the water issues and projects in the region, so they could understand the need of funding for water/wastewater projects in the region. Suggested invitees: Jeff Kiely, Marc DePauli, John Leeper, Rep. Martinez, Rep. Hanosh, Rep. Lundstrom, Rep. Harrison, Sen. Rainaldi, Sen. Pinto, Sen. Tsosie, Tom Trujillo, Water Board members and all other reps of water associations and special districts.

ACTION: Jeff Kiely and Evan Williams to start framing how this would work and schedule time, place, etc.

IV. ZUNI BASIN ADJUDICATION. Joan Sandy and Kurt Beamis gave a broad presentation on the adjudication of water rights in the Zuni Basin. Because of pending litigation, the specifics of the case could not be discussed at this time, but Joan and Kurt did present the general issues and reasons the Zuni tribal government took this action.

The United States, on behalf of Pueblo of Zuni, filed suit to adjudicate all water rights in the Zuni Basin and watershed boundaries. Joan clarified that the United States would have done this anyway, because their goal is adjudicate all Indian claims and non-Indian by December 31, 2006. So instead of wait until the US acted, the Zuni government went ahead to pursue the issue. The negative spin and appearance of this action by outside entities was that the Zuni’s were trying to gain control of all the water rights in the Basin, that being false the Zuni’s are trying to quantify their water rights to see exactly what is truly theirs.

In spring of 2003, field special master, Judge Bruce Black visited the area and performed a site visit. He inspected the area around the Ice Caves and El Morro National Monument along with US and State of NM technical advisors. This primary visit was just for wells and water developments, other sections are to come at future periods.

A press release was issued to clarify some of the misunderstandings about the Zuni Basin Adjudication, some key points included:

· United States moving to file adjudications on all water rights.

· The Zuni Basin Adjudication would determine priority extent to surface and groundwater for all tribes and entities in the region.

· It would identify and protect small users as well as the Zuni claims.

· It would help New Mexico identity and quantify these water rights.

Discussion

1. Kurt Beamis reported that language still needed interpretation about whether or not groundwater outside the boundary would be adjudicated as well.

2. Loline Hathaway stated that the legal system seems to put people or groups, in opposition of each other in a zero-sum game, but when clarified you have a better picture of what is truly going on.

3. Charles Long emphasized that the drought really puts stress on the region and highlights the problems to come for the next 10 to 20 years.

V. McKinley County: Water is the Priority.

A. Gaining Consensus on Crisis. The Board discussed the real crisis and the evidence of those effects on the future in the County. This discussion led to suggested actions.

1. Hold meeting, as stated above, with political leaders to educate them on the issues, and enter a plea that they fund water and wastewater project with capital outlay monies, especially if funding is not made available through other sources (i.e case in point - New Mexico Finance Authority grants).

2. The Water Board also wanted to advise the County Commission that the CDBG grant for FY 2005 must go to water/wastewater project, considering the present crisis. The Board also proposed that the Water Board could be used as the oversight and selection committee to chose the best project.

3. Evan Williams, brought up the Governor’s Water Innovation Fund, and the group reached consensus to re-submit the Regional Water Infrastructure Plan project. If it is not funded again, at least it would send a consistent message from the Water Board of our needs.

ACTION: Evan Williams will script and submit the pre-application for the Governor Richardson’s Water Innovation Fund for the Regional Water Infrastructure Plan.

VI. NEXT MEETING: Continuing on the second Wednesday of the month meeting schedule, July 14, 2004 at Veteran’s Hall at 10AM, and leaving at 11AM to visit the White Cliffs RO plant. Evan will check to make sure Veteran’s Hall is available due to construction. Also, keeping in mind that Leonard Haskie would like to host a meeting in the summer as well.

VII. ADJOURNMENT: Joan Sandy moved, and Charley Long seconded, to adjourn. The meeting adjourned at 12:15 PM.

Respectfully submitted,

Evan Williams, Associate Planner

Northwest New Mexico Council of Governments