New Mexico Acequia Commission – Santa Fe, NM
Meeting Minutes/Notes–draft

La Cienega Community Center–May 29, 2015

Call to Order

The meeting was called to order at 10:45 a.m. by Chair Ralph Vigil.

Present

Commission members in attendance were Eric Romero, Joseph Padilla, Narciso Quintana and Ralph Vigil- quorum was not established.

Absent

CommissionersFred Vigil, William Gonzales, Kenny Stockton, Jackie Powell (all excused), Juan Sanchezand Juan Archuleta were absent.

Staff Members and Guests

Staff members and guests present Harry Montoya, Robert Apodaca, Anna Maria Gonzales, Serafina Lombardi (NMAA), Tommy Marshall (NRCS), Norman Vigil (NMACD), Richard Trujillo (OSE), Charlie CdeBaca (el Guiso ditch) and Bob Wesely (Las Vegas).

Approval of Agenda

No quorum to approve the agenda. Items will be open for discussion only.

Approval of Minutes

Approval of March minutes is tabled until the June meeting.

Ratification of Open Meetings Act

This item was tabled until the next meeting. A copy was provided for review. One of the items considered for amendment is the publishing of the legal notice in the Albuquerque Journal that will be shifted to the Green Fire Times. This venue reaches more of our audience and is free to the commission.

Soil Conservation Guest, Natural Resources Conservation Service

Tommy Marshall (NRCS) and Norman Vigil (NM Association of Conservation Districts) were present to share details regarding new funding available to acequias through the New Farm Bill as an Equip partnership. NMACD wrote proposals to receive the funding through NRCS. This deals with acequias as a unit of government rather than with private landowners. This funding will provide one million dollars statewide. This partnership will provide streamlined applications and a shorter timeline for expending the funds and finishing projects that are ready to go. This is especially timely as the capital outlay funds were not approved through the state legislature this past session.

Basic guidelines and deadlines were reviewed. Serafina Lombardi provided handouts of the press release and application. Discussion followed.

Correspondence Discussion and Action –

  • Update fromLa Cienega acequias – Mr. Charlie C de Baca shared the history of the battles of water ponding and sharing in this area since the 1950’s. His family has been involved since then and has received positive findings in the Supreme Court.

Santa Fe owes La Cienega water, but has not delivered. He raised the questions of where does the money come to correct the development mess? Funding is needed to fix pipelines. There are plats that included infrastructure for the developments, but no one is taking action.

Eric Romero part of the charge of the commission is to become familiar with different systems and the issues that the unique acequias have to deal with. These are some of the decisions that are antagonistic for acequias. How many are using the water that is connected to the municipality of Santa Fe– five acequias, three that are active.

La Cienega and La Bajada are noting and filing complaints that Santa Fe is using their water. Now people are complaining that Charlie is personally holding the water. Charlie saysthere is no water to hold back.

He noted that if you are an acequia, you have to be involved or you will lose what you have. Some acequias didn’t have any one to fight for them. Can we come together to settle some of these community issues? We are part of the community too.

Commissioner Quintana noted that he wished there were more people here representing the valley. He asked how much water is coming from the spring and how many parciantes have senior rites?All senior right owners (21) are parciantes. There are 144 acre feet of water rights and right now users are getting about half of that. When water is running it goes to Texas. The current holding pond is full because of rain.Right now overflow running is 40 acres – watering 32 acres.Others don’t water any more. Charlie has been mayordomo since 1975 – no one wants to serve.

Commissioner Padilla gave a brief history and noted that in 1700,Francisco Padilla moved to los Vigiles. Commissioner Padilla congratulated Charlie for your passion about acequias. You have primos in the north. I see the culture ending here in Las Vegas. Only three original families are still farming here. Newcomers don’t have the feeling of community and do not want to farm.

Mr. C de Baca thanked the commission for coming to La Cienega. This is the first time that NMAC has ever come to hear the issues.

Discussion followed regarding how to communicate and educate about acequias, what they are and how the system works, including outlining easements for new property owners. Mr. Trujillo will share a template letter with new folks. Shifting demographics are changing awareness of acequias. As you see property shifting hands, up for sale or rent, take a letter or brochure so that they are aware. Richard Trujillo talked about reaching out to title companies to communicate with new owners who aren’t always recording sales and purchases. New developments in counties – policies to recognize the policies, the acequias, Government agencies need to recognize theses in their planning divisions.

  • ACDF – Discussion of ACDF Policy and Letter to NMDA – Chairman Vigil reported that the administrative policy regarding funding an acequia that has to use funds in adjudications that involve other political subdivision. Chairman Vigil commended Secretary Witte for his help in this.
  • Appointment of ACDF Distribution Committee Member - The next meeting of the committee will be held on June 17. As there is no quorum, a representative cannot be elected today, Commissioner Romero suggested that by default,Chairman Vigil should serve as he has done it in the past at the request of the other NMAC c0mmissioners.

New Mexico State University
No representative was available.

Discussion of Issues related to the Office of State Engineer

Richard Trujillo recognized that the NRCS 1.2 million is a lot of money, but he can imagine what the requests are going to be. Most of the funding is going to technical assistance. That is the disadvantage that acequias have.

Mr. Trujillo expressed his disappointment that OSE is not getting a lot of water planning meeting participation – acequias don’t have money that they need to identify and meet the bigger acequia needs. Building projects in stages, planning, technical, designs all leading to shovel ready is a big task for acequias and mutual domestics. In order to put the water that we do have into place, we have to have infrastructure and conveyance systems working. Metering gave us data to see who is using, where it goes but we are not able to get the water on the land. We need more funding for requests for conveyance.

We need to work together in order to not allow municipalities to break us apart. It is hard to share with neighbors when there is nothing to share. Municipalities need to recognize that this culture that we advertise is not being respected or taken care of. Development doesn’t respect acequias. We need to start creating jobs.Acequias are jobs and produce food, a staple item, a necessity.

Acequias need to regionalize like mutual domestics to preserve and back each other up, especially as the same people are involved at all meetings. Regional plan update are only as good as your (aceuqia) participation. If acequias aren’t at the meetings, participating. The plan has to have that voice, your needs have to be included in that plan.

Eric Romero spoke of pamphlets for title offices that are given to the new owners as property documents are being transferred that is currently promoting the legal aspects, but aren’t addressing the larger benefits of sustaining a cultural, community development in a much bigger sense.

Others that got pamphlets out are CountyClerks, County Assessors, etc. Buyers need to understand what comes with that property. Outreach and communication shouldbe made with Association of Realtors that meet every Wednesday, as well as with title companies. Acequias were established long ago and now are part of an ecosystem that was established over 400 years ago. Metering and lining ditches increase efficiencies, but the habitat will suffer. Riparian zones and return to aquifers suffer. Historical, cultural and eco-system improvements all have to be considered.

New Mexico Acequia Association and Governance Training
Serafina Lombardi represented NMAA and shared packets of information. One was the NRCS information and other messages from Paula Garcia, including updates on trainings that continue throughout the state. Ms. Garcia apologized for not being in attendance as there was a meeting with the NMAC Concilio already planned. Ms. Lombardi gave a quick legislative update, no capital outlay, Senate bill 19 1 million got removed first. Monday June 1, Water resources interim committee will meet. She gave the highlights of the Nambe training where Commissioner Quintana was in attendance.

Workshops –four havebeen on budgets and audits through contract with DFA. Final one is on June 5 at Jemez Springs town hall. On the DFA website under LGD, then forms– you can create a budget, fill in required quarterly reports on the computer. These reports must be on file for all, but especially for those receiving funding. Serafina can help or the CPA in the NMAA office can help.

Infrastructure and capital improvement plans training will be held on July 21 – Jemez room –commissioner and mayordomo conference is also coming up.

Finance Report

Sandra Ortega sent the most recent budget available. She sent word that approximately $480.00 can be moved within the budget from publishing to the travel line, if needed.

Discussion followed regarding the staff contract scopes of work. An addition of the amount needed to include meeting recording/notice posting services to one position, the main scope of work should remain the same for both positions. Robert Apodaca will ask Sandra if she can start her work so that it is all ready to publish after the next meeting.

New Mexico State University
No representative was present.

Legislative Issues and Actions

NA

Committee & Staff Reports

NA

Public Comment

Commissioner Padilla noted that the City of Las Vegas requires an easement along the Mora River. The possibility of the 100 year flood may be coming. The last time it happened was in the 1950’s. The new proposal for a dam is on a burial site and will be tough negotiations. The protest hearing will be in September.

Chairman’s Report

Chairman Vigil gave an update on the El Llano Ditch Company issue between CO and NM users. A temporary solution has been reached. Two metering stations will be set up: one at the headgate and another along the line to collect flow and usage data. Brian Gallegos from the Water Rights Division will tour the area to see where the most beneficial recording point will be and will make sure that both sides can review data collected by computer. Mr. Robert Apodaca talked to Mr. J. Romero who confirmed that there had been unrest for at least nine years. Mr. Apodaca noted that the OSE and the ISC happy, if this can be resolved.

Chairman Vigil gave thanks to Representative David Gallegos for his advocacy on behalf of acequias and for bringing this issue to NMAC. He is a norteño living down south. He understands and cares about acequia issues. Resolving this issue will be great for both states.

Commissioner Romero noted that Colorado has its own ISC staff, Devon Peña being a personal friend of his. Dr. Romero will invite him to a future meeting, possibly to revisit this at the June meeting.

Chairman Vigil noted that he will schedule a meeting with John Boler and will lay out a meeting schedule for the rest of the year. They will also discuss next year’s budget and schedule a meeting to fix the budget needs for next year. The meetings and notices will be better organized to have a better outreach.

Chairman Vigil also gave an update on the meeting held regarding the expansion of the Pecos Wilderness. Cattlemen and agriculture showed up and therefore the item was tabled. The Wilderness Alliance is trying to open the issue up again in Taos. The Alliance is also using tribal names in support of their cause without approval from the individuals they are listing as being supportive.

There will be a meeting with Lieutenant Governor John Sanchez on June 17. If any other commissioners would like to attend, please let Mr. Montoya or Chairman Vigil know.

The next meeting will be held in Santa Fe on Friday, June 26, in the Old Senate Chambers of the Bataan Building. Meeting adjourned at 12:50p.m.

This meeting was recorded on the digital recorder. File will be put on CD and placed in the February folder.

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