McKinley County Water Board

M I N U T E S

May 11, 2005

“Small Systems Forum”

Gallup Indian Medical Center

 

MEMBERS PRESENT:

Michael Daly White Cliffs MDWUA

Loline Hathaway  Ya-tah-hey WSD

Sherry Botkin Thoreau Water & Sanitation District

Rhonda Berg     Rehoboth-Red Mesa Foundation

                  Edward Wemytewa Puebo of Zuni

 

 

facilitators/staff:

Evan Williams Northwest NM Council of Governments

Jeff Kiely Northwest NM Council of Governments

Larry Winn McKinley County Soil & Water Conservation District

 

GUESTS:

Lydia Guruli USDA Rural Development Community Program

Monte Russell White Cliffs MDWUA

Patrick Brown White Cliffs MHP

Cynthia Rex                      Rural Communities Assistance Corporation

Barbara Giesler Otto 1 Training and Consulting Services

James Herman     Thoreau WSD

Carol Saunders                     Greer Subdivision

                    Margy Schumaker           Whispering Cedars Water Association

Jason Zylstra              Rehoboth Christian Schools

Strallie Edaahie     Pueblo of Zuni

Michael Benson Navajo Nation Water Management

 

 

I.                    OPENING & INTRODUCTIONS.  Board facilitator Jeff Kiely opened the meeting at 9:00 AM and the group introduced themselves and biggest struggle in running a small system.  Some of the comments captured included:

A.             Larry Winn – capacity to service.

B.            Matt Holmes – sustainability/vulnerability; fiscal responsibility with reducing grant funding; facing water rate increases; regulatory burdens.

C.            Barbara Giesler – echoed the burden of regulations.

D.            Michael Benson – technical expertise; water rights; Michael Benson also shared that IHS/NTUA are responsible for maintaining systems but income streams are sometimes unused, for example, a water system grant administered by NTUA – only funded one project last year; currently a white paper is being organized on municipal water development to better coordinate efforts between NTUA, IHS, and Chapters.

E.            Jason Zylstra – replacing aging infrastructure.

F.             Strallie Edaahie – resources available; accountability; water conservation and quality; developing new rates and metering system; changing locals attitudes towards value of water.

G.           Edward Wemytewa – having, operating, and sustaining a sound water delivery system.

H.            Andy Edmonson – replacing infrastructure.

I.               Loline Hathaway – being a volunteer in a full-time job; audits.

J.             Margaret Schumaker – worried about the effect of the potential G-22 project.

K.            Carol Saunders - worried about the effect of the potential G-22 project.

L.             Sherry Botkin – cost involved in regulation – audits and water testing.

M.           Mike Daly – economies of scale for rural areas; the Consumer Confidence Reports and EPA regulations; Also Mike Daly discussed the potential of water conservation in the case of Albuquerque, whose had 25% growth increase and a decrease of 25% water use over last five (5) years; the potential of reuse and technological advances in the case in Cloudcraft.  Mike Daly also mentioned to the group using the resources in this room – NM Water & Wastewater Association, NM Rural Water Association, Cynthia Rex (income surveys), etc.

 

II.                  MINUTES.

No minutes were discussed at this Forum.  The Forum did replace the regular meeting for May, as did the presentation on uranium mining in April.

 

III.                SMALL SYSTEMS FORUM.

a.      Cynthia Rex, Rural Communities Assistance Corporation, gave a presentation on the Walkerton Experience in Ontario, CA, which was an example of a water system that was being run by two brothers, who lied to their customers about water testing results.  The water tests taking showed a major problem in the drinking water and the brothers covered up the problem for several days, and hundreds of people got extremely sick and several individuals died.

 

Cynthia ended her powerpoint by posing the question: “How does a volunteer Board member become involved?”

·         Review the Internal Sanitary Survey – comes out once a year performed by NMED.  We also heard NMED is behind on the three (3) year evalution.  Have this report presented to the Board.

·         More time and study of water/wastewater to increase understanding, and to be able to ask the right questions.

·         Make operator present and accountable at Board meetings.  Ask questions.

·         Board members need to remember they have a huge responsibility.

 

Matt Holmes made the comment that a water association needs to have the fiscal capacity to hire a professional operator, in order to, hold them accountable and Board members should be Board members and not be involved in operating, running, or micro-managing the system.

 

Loline Hathaway discussed her issues to the group regarding employable workers and going through four (4) meter readers in one (1) year; having five (5) out of six (6) readings seem estimated; and having the bookkeeper quit when the audit was required.  She continued to say that Ya-tah-hey WSD has hired a new meter reader, who found three (3) bypasses.

 

b.      Panel – Facilitated Discussion:  Jeff Kiely facilitated a panel discussion where each representative introduced the resources their organization offers and the trends they see happening to small systems.

 

Matt Holmes, New Mexico Rural Water Association – enlightened the group about their non-profit 501 © 6 organization that is made up by a membership of systems, which are able to send one (1) representative.  NMRWA has a twenty-six (26) member Board of Directors and an eight (8) person Executive Board.  The membership fees are $95 a year to join, and the majority of the membership fees go towards lobbying expenses.  Currently, NMRWA is supporting a staffer in Washington, DC, who is promoting a bill that would provide funding of regional systems to Senator Bingamen and Senator Domenici.  The majority of NMRWA’s operating funding comes in the form of State and Federal grants.  Recently, NMRWA received a grant through USDA Communities Facilities Fund to build a home office.

 

They offer trainings throughout the course of the year, which include:

ü      Operator trainings

ü      Board trainings

ü      Security trainings (Also have an EPA grant to do vulnerability assessments for communities between 3,300 to 50,000 people and offer technical assistance on developing an emergency plan.)

ü      Annual Technical Conference (March 22nd – 25th, 2006)

 

Most of NWRWA members have under a hundred (100) hookups and must be under 50,000 people to qualify to join.  NMRWA has a wide range of staffing and experience at their fingertips, including:

ü      Fourteen (14) staffers total – twelve (12) field members

ü      One (1) strategic planning facilitator / corporate adviser

ü      Two (2) circuit riders – one (1) wastewater, one (1) tribal

ü      Security trainers

ü      NMED Drinking Water Division – also two (2) specialized circuit riders

 

Website:  http://www.nmrwa.org/

 

Ray Espinosa – NM Water & Wastewater Association – told the group that he was the superintendent at the City of Gallup Wastewater Plant.  He also was a member of NMWWA and would give us a brief introduction to their resources.  NMWWA is geared toward operators.  They started out with a focus on large municipalities and large systems, but are moving towards rural.  He said that they offer trainings at UNM-Gallup for operators.  Their annual conference will be in Las Cruces, NM.  NMWWA only has one full-time staffer and everyone else is a volunteer trainer.

 

Website:  http://www.nmwwa.org/

           

Marc Depauli – DePauli Engineering & Surveying – talked to group about his experience as a local Gallupian and running a consulting firm.  First, he credited Gallup for being ahead of the rest of the county in terms of technology, and for having adopted Halliburton’s deep well drilling technology.  Things that Marc considered lacking in the County were the information and resource sharing and partnerships on emergency taps.  Partners with NTUA and Navajo Nation and necessary in some areas.

 

Marc suggested that maybe a Homeland Security grant could be applied for in order to get all communities an emergency tap.

 

Marc also explained that a major obstacle for small systems in McKinley County is in the collection of water rates.  He suggested that maybe a consortium of water associations pool some funding to hire and share a collections agency to assist with collections.

 

Loline Hathaway responded to the collection issues and reported to the group that approximately 50% of her customers default on their water bill payments.  She has researched groups that help with funding for individuals to pay bills, but the PRC only deals with heat and Southwest Indian Foundation (SWIF) does do a little with utility/water bills for Native Americans.

 

Responses to Loline’s problem, included:

1)      Enforce Rules & Regulations without variation, otherwise if one customer thinks someone is getting subsidized; then no one will pay.

2)      Run your operation like a business, and cut them off.

3)      If your going to cut people off – you may have to go to court, which costs in attorney fees, but if you can educate the judge – he can throw out cases.

4)      Your clients choose a rural lifestyle and it is more expensive to pump water so they have to pay more.

 

There was then discussion around the idea of a small system consortium that could aggregate the needs and resources of each individual system. 

 

Michael Benson interjected jokingly that many off-system Navajo communities are clamoring to get on a water delivery system, and if they were here to hear this conversation they’d probably think twice.

 

Andy Edmonson – NMED – announced that he would fill in for Dianne Barns, who could not be there from NMED Drinking Water Bureau, and explain their operation.  NMED Drinking Water Bureau main mission is to assure compliance of water quality.  Under the Drinking Water Bureau - programs include:

§       A capacity development group to assist systems with technical, managerial, and fiscal capacity.

§       They test contaminates – paid for by a three (3) cents on every 1000 galloons conservation fee.

§       They develop Sanitary Surveys for systems as required by EPA.

§       They provide information and education to local systems on new regulations.

§       They are getting aggressive on regulations.

 

Website:  http://www.nmenv.state.nm.us/dwb/dwbtop.html

 

Andy also described the NMED Construction Bureau, which:

1)      administers funds including Water Innovation Funds,

2)      provides technical assistance to NMFA funding,

3)      tries to resolve mutual domestic disputes, and

4)      provides technical assistance on infrastructure projects. 

 

The majority of staffers are dedicated to reviewing applications, i.e. PERs, design, readiness, cost/benefit.  Andy agreed with Matt Holmes that grant funding is drying up and in the case of the NMFA Water & Wastewater grants is gone.

 

Funding sources under the Constructions Bureau, include:

Ø      STAG Grant

Ø      Low Interest Combined Loan/Grant.

Ø      Clean Water SRF (based on low-income, for wastewater)

Ø      RIP Loans (3% max - $500,000) – state monies.

Ø      WIIT – Water Infrastructure Invest Team – Governor Richardson initiative

Ø      Rural Development / USDA – utility fees ($60) and water rates ($36) – marketing increases.

 

Website:   http://www.nmenv.state.nm.us/cpb/cpbtop.html

 

A discussion around the Water Innovation Fund arose and the group received an update on that funding source.  Last year, twenty-five (25) projects were chosen for funding and twelve (12) went to the Environment Department and thirteen (13) went to the State Engineer’s Office to administer.  This year, $5 million was appropriated for grants.

 

Barbara Giesler – Otto 1 Training – discussed with the group her private firm and her background in the NMED.  Otto 1 Training offers:

1.    On-site training, which gives clients real life experiences and can cut down on expenses. 

2.    Sampling & Certification Program / Training

3.    Safe Drinking Water Act Training

 

She also noted that it was important to develop manuals and documentation of work, especially if you ever have to appear in court.  She felt that regionalization and standardizing the systems would be a huge step in the right direction.

 

c.      Lunch

                                                               i.      Presentations on Navajo-Gallup Water Supply Project, Navajo Water Rights Settlement, Gallup Regional System, and Canyon Project.

 

Note: County Water needs to invite the Navajo-Gallup Technical Team to a meeting to discuss how the County fits in the project and what they should be doing to prepare for inclusion and buy-in.

 

d.      Regionalization

 

Matt Holmes and Cynthia Rex gave an overview of regionalization.  Matt Holmes also talked about the State of NM setting up the Drought Taskforce in 2003 and the Emergency Strike Team, which received over seventy (70) applications for emergency funding.  Matt noted that nationwide the U.S. is facing a deficit in replacing infrastructure and about $750 billion just in water and wastewater projects.  He continued describing the State of NM Severance Tax Bond process and the call for reform from the Governor’s office.  The process has been discussed as a “band-aid” approach for emergency or “pet” projects.  This funding is free, easy, and creates no motivation for planning or for having a good project.  Other state sources of funding are mostly not free and have high standards for funding.  The proposed Capital Outlay Reform would inject planning and encourage regional solutions. 

 

Regionalization can be anything from sharing operators to a consortium of small systems.  It can be argued that just meeting and sharing information is regionalization, i.e. the County Water Board.  Other examples include:

·         Sharing Resources

a.      Policies & Procedures

b.      Operator

c.      Equipment (Backhoe)

·         Emergency Tie-ins

·         Collaborative Bill Process

·         Collective Merged Systems

·         Formal Agreements

Matt Holmes announced that the State had a pilot program for collaborative regionalization that went to Dona Ana, Eddy, and La Rito for planning and orgranization.  The Water Board reacted together as to how this opportunity was missed.

 

e.      Financing Water & Wastewater Infrastructure

                                                               i.      NMED – Andy Edmonson told the group he exhausted all the programs in his prior presentation (defer to above notes for NMED funding sources)

                                                             ii.      County – Judy Krauklis explained the Environment Gross Receipts Tax, which is 1/8% collected only in the County and has an average $400,000 annual recharge.  From the annual recharge, the County has to spend $321,000 on solid waste sites and maintenance, which leaves about $80,000 for special projects.  The fund had been building up but recently it was depleted. 

                                                            iii.      NMFA

·         Rural Infrastructure Fund (Loan)

·         Clean Water Revolving Fund (Loan)

·         Public Project Revolving Fund (first $200,000 – 0% Loan, after that market)

·         Drinking Water Fund (must have NEPA, PER, EA, but loans from 2% to 0% based on income)

·         NMFA Planning Grant ($25,000 – money paid back if project is funded)

                                                           iv.      USDA

·         Water Disposal (55% Loan / 45% Grant)

·         Public Revolving Loan (90% Loan / 10% Grant)

                                                             v.      State of NM

·         CDBG Construction Grant (Grant)

·         CDBG Planning Grants (Grant - $50,000)

·         Drinking Water Revolving Fund (Loan)

·         Water & Wastewater Fund (No More)

·         Water Trust Board

·         Water Innovation Fund

·         New Program – Tribal Infrastructure Fund*

                                                           vi.      EPA

·         www.epa.org

·         250 Financing Tools

                                                          vii.      NM Tech

·         Region 6 Env Finance Center – technical assistance

                                                        viii.      RCAC

·         Technical Assistance in Organization (i.e. Income Studies)

 

Lydia Guruli, USDA explained communities must be under 10,000 population, have reasonable water rates, and according to the 2000 Census must meet LMI standards.  She expanded on a couple more programs:

q       USDA Planning Funds - $20,000 Grant

q       Indian Set-Aside – 100% - June 30th - $14-18 million – need PER.

q       Loan terms – 40 years (poverty – 4%, above poverty – 4.375%, market – 4.25%)

 

IV.                OTHER ISSUES & ANNOUNCEMENTS

V.                  ADJOURNMENT:  Meeting concluded at 4:30PM.  Next meeting will be at the McKinley County conference room at 10 AM on Wednesday, May 8th.

Respectfully submitted,

 

 

                                                                        Evan Williams

                                                                        Northwest NM Council of Governments

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