As pressure over Gila River diversion grows, NMCAP Entity digs in

SILVER CITY, N.M.—On Monday morning, the organization responsible for planning and building a diversion on the Gila River convened a special meeting to discuss a letter from the U.S. Bureau of Reclamation. In that letter, the federal agency reiterated concerns over the project’s schedule. During the special meeting, New Mexico Central Arizona Project (CAP) Entity […]

As pressure over Gila River diversion grows, NMCAP Entity digs in

SILVER CITY, N.M.—On Monday morning, the organization responsible for planning and building a diversion on the Gila River convened a special meeting to discuss a letter from the U.S. Bureau of Reclamation. In that letter, the federal agency reiterated concerns over the project’s schedule.

During the special meeting, New Mexico Central Arizona Project (CAP) Entity board members placed blame for the delays squarely on the shoulders of Reclamation itself, along with the contractor hired to conduct environmental studies, environmental groups and the administration of former-Gov. Bill Richardson.

NM Political Report obtained a copy of the letter, which is from Reclamation’s Phoenix office area manager, Leslie Meyers. In it, Meyers follows up on a March 15 conference call between Reclamation and the CAP Entity and asks if the group plans to continue spending money on the environmental impact statement (EIS). She also suggests that the board formally request a deadline extension if it wants federal funding to remain available.

In her letter, Meyers writes that during the March call they discussed that it is “becoming extremely unlikely” that the Secretary of the Interior will have enough information to issue a decision by the end of 2019. That’s a key deadline mandated by the federal law that authorized New Mexico to build the diversion.

CAP Entity Executive Director Anthony Gutierrez seemed surprised by the letter. “We don’t know why they’re not able to meet the deadline,” Gutierrez said during the meeting, adding, “I think we need to visit with them and see exactly why it’s not being met.”

Meyers notes in the letter that the CAP Entity provided its initial plan for the diversion to Reclamation in July 2016, and then amended the plans in 2017 and again on multiple occasions throughout 2018 and 2019.

The Interior Secretary must issue a final decision on the diversion by the end of 2019 for New Mexico to receive the full federal subsidy for the project. According to the enabling federal legislation, the secretary can extend the deadline, but only if New Mexico shows it wasn’t responsible for the delays.

A historic vote, nearly five years ago

In 2004, while settling Indian water rights in Arizona, Congress gave New Mexico ten years to decide whether to meet water needs in Catron, Grant, Hidalgo and Luna counties by tapping a federal subsidy for conservation and efficiency projects, or by receiving a larger subsidy and building a diversion on the Gila River and its tributary, the San Francisco. New Mexico wouldn’t own the water outright. Rather, the 2004 Arizona Waters Settlement Act allowed New Mexico to trade with Arizona’s Gila River Indian Community.

In November 2014, the New Mexico Interstate Stream Commission chose the diversion alternative—and the bigger pot of money to implement the project. At the time, Commissioner Blaine Sanchez was the sole dissenting vote against the diversion—citing concerns about its cost—and Commissioner Topper Thorpe, who was also chairman of the Gila Basin Irrigation Commission, abstained from the vote. Then-State Engineer Scott Verhines, Chair Jim Dunlap, Mark Sanchez, Buford Harris, Jim Wilcox, Randal Crowder and Phelps Anderson all voted in favor of the project. Crowder and Anderson are now state representatives.

Then, in 2015, the state created the CAP Entity. The organization includes members from counties, cities and villages and irrigation districts that are now responsible for building the project and reimbursing the federal government for operation, maintenance and repair costs. Since its creation in 2015, the CAP Entity struggled to meet deadlines and propose a design and location for the diversion. It scrapped plans to build the state’s original diversion project, which would have cost about $1 billion. But without a firm plan, location or engineering design in place, federally-required environmental studies didn’t begin until June 2018—about 18 months behind schedule.

Under the original timeline for the project, that scoping period should have begun in the winter of 2016/2017, and the draft EIS was supposed to be released in the summer of 2018.

At an interim committee hearing last year, state lawmakers again questioned the diversion’s progress, and asked how New Mexico might meet the deadline. At the time, state Sen. Joe Cervantes, D-Las Cruces, told the CAP Entity’s attorney, Pete Domenici, Jr. that the state should “begin the appropriate process” to work with the federal government on extending the deadline. Cervantes said that he feared, “in the middle of 2019, when we’re not in session, we’re going to find out this project is going to cost much more money, or we’re going to be paying an exorbitant amount of money for water for a handful of farmers.”

Who’s at fault?

At Monday morning’s special meeting, board members were angry about Reclamation’s letter. And they indicated it was Reclamation, not the CAP Entity or the state of New Mexico, that required a time extension.

CAP Entity Board Member Allen Campbell said he received a copy of the letter late in the afternoon—and it “irritated” him so much he woke twice in the night to re-read it. He said he was unsure if Reclamation’s request for more time was due to politics or ineptitude and noted that the Trump administration ordered agencies to expedite environmental impact statements. Reclamation’s inability to do so with this project, he said, is a “snafu.”

He also said that the plans laid out by the CAP Entity are “excellent.”

Director Howard Hutchinson echoed Campbell’s sentiment, adding he, too, has been sleepless over the letter. He added that the Richardson administration, which ended in 2010, along with environmental groups, had “forced the people of this region into over 200 studies, and delay after delay after delay.”

Hutchinson also said his research into an internal draft document revealed problems with the EIS. He said he believes that the contractor working on the study lacks knowledge of New Mexico water law and the region’s history and that its employees failed to complete critical studies of threatened and endangered species in a timely manner.

“All of this has indicated to me that the contractor that was selected to do the EIS is either grossly incompetent or deliberately fouling up the waters. Pun intended,” Hutchinson said.

Campbell said he believes there is “sufficient malfeasance involved.” Both he and Hutchinson suggested the U.S. Department of the Interior’s Inspector General should investigate.

After discussing the issues, board members passed two motions unanimously: the CAP Entity plans to continue its work on the diversion project, and they agreed the EIS process should continue. They did delay, however, voting whether to approve Reclamation’s proposed project plan for fiscal years 2020 and 2021 until their regularly scheduled meeting in May.

The board also approved travel plans for Gutierrez and Domenici to meet with Interior Secretary David Bernhardt. The U.S. Senate last week confirmed Bernhardt as secretary, and he now oversees multiple agencies, including Reclamation, U.S. Fish and Wildlife Service and the National Park Service.

Campbell said a “pre-emptive visit” with the secretary would clarify if Reclamation’s stance is “consistent” with Bernhardt’s and President Donald Trump’s.

During the public comment period at Monday’s meeting, a handful of opponents of the diversion spoke for three minutes each.

Mary Burton Risely said she owns land along the Gila River, and began attending stakeholder meetings on the Arizona Water Settlements Act when they began about 15 years ago. “I am a witness to the struggles that we as citizens of these four counties have gone through,” she said. “And there is absolutely no way we can claim [the delays] are anyone’s fault but our own.”

The situation on the Gila has also drawn national attention.

In its annual report of the nation’s “most endangered rivers,” American Rivers put the Gila River at the top of the list this week. The advocacy group said the diversion will harm the Gila, which flows out of the nation’s first designated wilderness area. It will threaten endangered species and some of the “last remaining intact riparian forest” in the Lower Colorado River Basin, they said, as well as harm recreational opportunities.

And acting on campaign promises that she would oppose the Gila River diversion, Gov. Michelle Lujan Grisham line-item vetoed $1.698 million in New Mexico Unit funding for the project earlier this month.

Since January 2012, the U.S. Bureau of Reclamation has deposited more than $60 million into New Mexico’s coffers for the project.

To see NMPR’s past coverage of the issue, visit: https://nmpoliticalreport.com/tag/gila-river/

We're ad free

That means that we rely on support from readers like you. Help us keep reporting on the most important New Mexico Stories by donating today.

Related

Emily’s List endorses seven candidates for Legislature

Emily’s List endorses seven candidates for Legislature

Emily’s List, a nonprofit that supports women candidates and reproductive rights, endorsed seven incumbents facing general election opponents in New Mexico legislative elections. All…
Equality New Mexico endorses 15 legislative candidates

Equality New Mexico endorses 15 legislative candidates

A New Mexico-based LGBTQ rights organization endorsed 15 candidates for state House and Senate seats for the 2024 elections.  Marshall Martinez, executive director of…
Lujan Grisham pocket vetoes two bills

Lujan Grisham pocket vetoes two bills

Gov. Michelle Lujan Grisham pocket vetoed two bills the legislature passed this legislative session: one changing the Cybersecurity Act and the other concerning law…
BLM announces final methane waste rule

BLM announces final methane waste rule

The federal Bureau of Land Management announced its final methane waste rule on Wednesday. These new regulations clamp down on the practice of venting…
What consumers, farmers should know about the flu impacting dairy cows

What consumers, farmers should know about the flu impacting dairy cows

Migrating birds appear to have caused a virus in dairy cattle that is causing reduced milk production. So far, the disease, which initially started…
Republicans seek to limit national monument designations

Republicans seek to limit national monument designations

Republican-backed legislation in the U.S. Congress would make it harder for the government to designate new national monuments. The proposed Congressional Oversight of the…
Amid new graduation requirements, what do high schoolers want to learn?

Amid new graduation requirements, what do high schoolers want to learn?

By Margaret O’Hara, The Santa Fe New Mexican The main things that bring Brayan Chavez to school every day: Seeing, talking to and engaging with…
Special ed teachers hope lawmakers OK pay raises, admin changes

Special ed teachers hope lawmakers OK pay raises, admin changes

By Margaret O’Hara, The Santa Fe New Mexican Brittany Behenna Griffith has a laundry list of adjectives to describe the ideal special education teacher:…
Lawmakers must find consensus on competing education spending plans

Lawmakers must find consensus on competing education spending plans

By Margaret O’Hara, The Santa Fe New Mexican A challenging task awaits New Mexico lawmakers in the next 30 days: Reconciling three very different…
Health workers fear it’s profits before protection as CDC revisits airborne transmission

Health workers fear it’s profits before protection as CDC revisits airborne transmission

Amy Maxmen, KFF Health News Four years after hospitals in New York City overflowed with covid-19 patients, emergency physician Sonya Stokes remains shaken by…
Lujan Grisham, Biden admin announce $10 million in federal funds for tribes, pueblos

Lujan Grisham, Biden admin announce $10 million in federal funds for tribes, pueblos

Gov. Michelle Lujan Grisham announced Friday $10 million in funding from the federal American Rescue Plan Act was awarded to six tribal nations and…
Proposal to curb executive powers moves to House Judiciary

Proposal to curb executive powers moves to House Judiciary

The House Government, Elections and Indian Affairs Committee discussed a potential constitutional amendment that seeks to limit the governor’s executive powers. The committee approved…
U.S. Supreme Court hears case to restrict access to medication abortion

U.S. Supreme Court hears case to restrict access to medication abortion

The U.S. Supreme Court heard the case about the regulations around mifepristone, one of a two-step regime for abortion medication, on Tuesday. FDA v.…
At stake in mifepristone case: Abortion, FDA’s authority, and return to 1873 obscenity law

At stake in mifepristone case: Abortion, FDA’s authority, and return to 1873 obscenity law

Lawyers from the conservative Christian group that won the case to overturn Roe v. Wade are returning to the U.S. Supreme Court on Tuesday in pursuit…
Supreme Court to hear two abortion cases this spring

Supreme Court to hear two abortion cases this spring

Later this month, the U.S. Supreme Court will hear oral arguments on the case against the abortion medication mifepristone. It will hear a second…
New Mexico Medicaid to cover cost of over-the-counter oral contraception

New Mexico Medicaid to cover cost of over-the-counter oral contraception

New Mexico Medicaid announced on Wednesday that it will cover the cost of Opill, the first oral contraception approved for over-the-counter use. It is…
U.S. Supreme Court hears case to restrict access to medication abortion

U.S. Supreme Court hears case to restrict access to medication abortion

The U.S. Supreme Court heard the case about the regulations around mifepristone, one of a two-step regime for abortion medication, on Tuesday. FDA v.…
At stake in mifepristone case: Abortion, FDA’s authority, and return to 1873 obscenity law

At stake in mifepristone case: Abortion, FDA’s authority, and return to 1873 obscenity law

Lawyers from the conservative Christian group that won the case to overturn Roe v. Wade are returning to the U.S. Supreme Court on Tuesday in pursuit…
San Juan County, Navajo Nation settle redistricting case

San Juan County, Navajo Nation settle redistricting case

The Navajo Nation and San Juan County reached an agreement Monday about commission districts after the tribe alleged that its members were not adequately…
MIT ranks NM elections most well-run in the U.S.

MIT ranks NM elections most well-run in the U.S.

New Mexico’s 2022 election was ranked most well-run in the country by Massachusetts Institute of Technology’s Election Data and Science Lab’s Elections Performance Index.…
Emily’s List endorses seven candidates for Legislature

Emily’s List endorses seven candidates for Legislature

Emily’s List, a nonprofit that supports women candidates and reproductive rights, endorsed seven incumbents facing general election opponents in New Mexico legislative elections. All…
BLM announces final methane waste rule

BLM announces final methane waste rule

The federal Bureau of Land Management announced its final methane waste rule on Wednesday. These new regulations clamp down on the practice of venting…
U.S. Supreme Court hears case to restrict access to medication abortion

U.S. Supreme Court hears case to restrict access to medication abortion

The U.S. Supreme Court heard the case about the regulations around mifepristone, one of a two-step regime for abortion medication, on Tuesday. FDA v.…
What consumers, farmers should know about the flu impacting dairy cows

What consumers, farmers should know about the flu impacting dairy cows

Migrating birds appear to have caused a virus in dairy cattle that is causing reduced milk production. So far, the disease, which initially started…

GET INVOLVED

© 2023 New Mexico Political Report