Sabias de Agua * Water Sages

177135.1

SENATE JOINT[e1]  MEMORIAL

 

49TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 2009

INTRODUCED BY  ______________

 

A JOINT MEMORIAL

REQUESTING A REVIEW OF THE ALBUQUERQUE-BERNALILLO COUNTY WATER UTILITY AUTHORITY.

 

 

WHEREAS, the legislature created the Albuquerque-Bernalillo County water utility authority in Section 72-1-10 NMSA 1978 in 2003[e2] ; and

 

WHEREAS, concerns have been raised regarding the current structure of the water utility authority resulting in disenfranchisement of residents; and

 

WHEREAS, concerns have been raised about the impact of water utility authority actions and policies

within and

outside of its service area; and

 

 

WHEREAS, concerns have been raised as to the impact of the water utility authority's actions and policies within its service area; and

 

WHEREAS, concerns have been raised that increasing the debt load, the water utility authority promotes growth

that could be detrimental and is perilous

in these uncertain economic times; and

 

WHEREAS, concerns have been raised that water demands will be met through the transferring water from existing users, mainly agriculture, putting at risk current and future food security; and

 

 

WHEREAS, concerns have been raised that to fulfill water permits already granted to the water utility authority will require all irrigated lands, including Pueblo lands, between Cochiti and Elephant Butte Reservoirs; and

 

WHEREAS, concerns have been raised regarding the Customer Advisory Group, an appointed board with no formal guidance for representative points of view, may have significant conflicts of interests, and may be fail

ing to meet  

the open meetings act requirements

which it is to follow

; and

 

 

WHEREAS, concerns have been raised by the apparent conflict of interest when advisory board members are involved in projects which are part of the water management strategies; and

 

WHEREAS, concerns have been raised that public information has become more limited, with a result being that groups involved in the drinking water protest find it difficult to determine whether the permit conditions are being followed.

 

WHEREAS, as largest water utility in the state, the water utility authority has the obligation to provide

prudent

leadership

in water management; ... prudent ...

 

 

WHEREAS, currently, during the first session of the forty-ninth legislature, another region is applying for designation as a public works authority

and is seeking sweeping privileges

; and

 

WHEREAS, additional regional water utility authorities are being considered and no state guidelines exist; and

 

 

WHEREAS, sufficient time has passed to enable a productive review of the Albuquerque-Bernalillo County water utility authority, and a review would be in order;

 

 

NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO that the local government division of the department of finance and administration and the water, energy and utility division of the office of the attorney general be requested to convene a group of agency and citizen stakeholders to review the Albuquerque-Bernalillo county water utility authority for the purpose of making recommendations to the legislature; and

 

BE IT FURTHER RESOLVED that the review include the administrative structure so as to best provide policy guidance, representation and clarification of status of the water utility authority in land use

planning

and growth policy

in the County, City and region

.  little coordination with advance planning or land use/growth policy

 

BE IT FURTHER RESOLVED that the review consider the creation of a representative citizen's Council of Water Resources be created to monitor operations of the water utility authority and to make recommendations on long range water policy.  Representation should be geographically and interest diverse -- ensuring

not only business and development interests, but

minority, environmentalist, conservationist, and urban sustainability viewpoints.   Water resources oversight should include interstate compacts, water rights, wet water quantity and quality, and the importance of assuring the future existence of water-efficient local agriculture.

 

BE IT FURTHER RESOLVED that the results of the review be reported, by September 1, 2009, to the Water and Natural Resources interim committee[e3] ; and

 

BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the secretary of finance and administration, to the water, energy and utility division of the office of the attorney general and to the chair of the New Mexico Water and Natural Resources interim committee .

 

 

MJ

WHEREAS, it is important that public works authorities operate with complete disclosure and transparency so that the public can be fully informed and able to comment on authority actions and their impacts; and

WHEREAS a review of the Albuquerque-Bernalillo County Water Utility Authority could provide useful information regarding the formation and operation of other public works authorities in New Mexico,

 

EXAMPLES

 

1.   Disenfranchisement of residents example: all members could be from valley; why have to have districting for city council in communities larger than 10,000.

 

2.  Impact of actions and policies outside of its service area example: ___

 

At the same time, potential water-related crises have or are developing, for instance: 

 

1. Regionally, we run an annual deficit, using 15-20% more than is renewed.  
2. Some 75,000 af of river leakage is attributed to pumping by the WUA.  How much leakage will continue depends on how much existing pumping is decreased now and not increased in the future. 
3. Another limiting factor to continued pumping is how much the water table can be lowered.  In places, it has declined by 180'.  USGS estimates irreversible damage to roads, pipes, housing, etc at 250'.
4. That river leakage, in the past covered in part with SJC project water, will now rely more on the WUA's native river rights (~6,000 af) and pre-basin well rights (~18,000 af).  Concerns have been raised --and now argued in the Court of Appeals-- as to the appropriateness of using those well rights to offset junior uses.
5. Climate change looks to result in less surface water flows, meaning a continued reliance on ground water.

 

3.  Impact of actions and policies within its service area example:  failure to implement adopted policies, such as running water lines to Tesla, promoting leapfrog growth.

 

4.  Increasing the debt load, the water utility authority promotes growth and is perilous in these uncertain economic times examples:

 

a.  By adding debt while not increasing existing customer's rates, growth is being promoted by requiring new hookups to pay off the additional debt; at a time when new growth may not occur

 

b.  See, "Tucson Water's 733,000 customers are conserving so well that they've put the water utility into a financial hole. The city water department expects to run $15.4 million short, compared with revenue projections for fiscal year 2008-09, which ends June 30. That's largely because water sales to homes, apartments, businesses and other customers are well below those of a year ago. City officials attribute the 6 percent decline this fiscal year to the recession and to continued concerns about drought and water conservation. As growth and development have slowed, the city is also getting less revenue than expected from new water hookup fees and other fees." Tucson Water's gap put at $15.4M - Projected shortfall is linked to conservation, economy, Arizona Daily Star, 01.26.2009, http://www.azstarnet.com/metro/277427.

 

5.  Water demands will be met through the transferring water from existing users, mainly agriculture, putting at risk current and future food security example: _____________

 

6.  To fulfill water permits already granted to the water utility authority will require all irrigated lands, including Pueblo lands, between Cochiti and Elephant Butte Reservoirs example:  _____________ 

 

7.  The Customer Advisory Group, an appointed board with no formal guidance for representative points of view, may have significant conflicts of interests [among regulators, regulated and advisers], and may be fail the open meetings act requirements which it is to follow examples:

 

a.

 

b.

 

8.  Apparent conflict of interest when advisory board members are involved in projects which are part of the water management strategies example:

 

9.  Public information has become more limited example:  The statistics page, for example, has been reduced to a press release once a month, with the last one mentioning how much water we had used dated December 8, 2008.  The limited data prevents any ability to even gage success with last year. 

 

10.  Has the obligation to provide leadership ... prudent ...

 

11.  Another region is applying for designation as a public works authority and is seeking sweeping privileges example:  HB 185.

 

12.  Additional regional water utility authorities are being considered and no state guidelines exist example:  Valencia County Water Plan.

 

~~~~~~~~~~

 

NOTES

 

look at the land use impacts of the WUA's policies, such as running lines to Tesla or requiring new hookups to pay off debt load

 

basin wide implications of wua; because they are so gigantic, impact the entire basin not just within the service area

 

water availability, economic impacts,

 

questions of bias re service connections

 

sprawl over infill growth (Mesa del Sol & SunCal vs water for growth within current service area)

 

impacting customers

 

actively choosing not to follow adopted polices for infill development

 

impair - private enterprise impacts 

 

the smell test

 

appears that other entities may want to form WUAs of their own

 

who is going to do this

 

DFA plus Ass AG for Natural Resources?

 

Investigate alternative methods of governing the WUA and what oversight should be in place with respect to 

 

~~~~~~~

 

A closed loop has been created.

 

Water, in all of its various aspects, is quite complex.  Stewardship of water, particularly by the area's largest urban user, requires thoughtful consideration and understanding.  With so many unknowns, such as the amount of Pueblo water rights, transparency is ever more needed.