Village of Los Lunas Council Agendas\Minutes

WATER RIGHTS WORKSHOP MINUTES VILLAGE OF LOS LUNAS TUESDAY, DECEMBER 6, 2016 6:00PM – 8:00PM The Board of Trustees of the Village of Los Lunas met Tuesday, December 6, 2016 in a workshop at 6:00 PM at the Council Chambers. Roll call was taken and the following were present: Mayor Charles Griego, Councilman Gino Romero, Councilman Gerard Saiz, Councilman Christopher Ortiz, and Councilwoman Paulette Sanchez-Montoya. Mayor: Charles Griego Mayor Pro Tem: Gerard Saiz Council: Christopher Ortiz Paulette Sanchez-Montoya Gino Romero Also present were: Debra Sanchez, Lee Wilson, Carole Cristiano, Michael Jaramillo, Christina Ainsworth, Ralph Mims, Kevin Eades, Jim Rickey, and Deborah Fox. In accordance with Ordinance 114A, the following agenda was prepared and circulated as required: 1. GENERAL DISCUSSION ABOUT WATER RIGHTS. 2. EXECUTIVE SESSION – PURSUANT TO NMSA 1978 SECTION 10-15-1(H)8, THE FOLLOWING MATTER WILL BE DISCUSSED IN CLOSED SESSION: discuss acquisition or leasing of specific water rights parcels. 3. ADJOURN. Mayor Griego welcomed everyone. Mr. Lee Wilson and Ms. Carole Cristiano started with their introduction – Water Rights. Thirty years ago when Mr. Phillip Jaramillo was the Village Administrator, it was suggested that the Village of Los Lunas adopt a very aggressive ordinance to acquire water rights from sub-dividers/build up a portfolio of water rights to sustain the growth of the Village. - Currently, the Village has a permit for 6,000 acre feet of water rights diverting it - have the consumption rights for that, basically 3,000 ft. That is about the size of a town of 60,000/70,000 residents. - About 2,000 of the acre feet is from developers – 1,200 is already being used. The rest will be used for subdivisions that have already been approved. It will get the Village to the growth projection to 2050. - There is about 967 acre feet in hand and to use at our disposal today. - There is a contract for the San Juan/Chama water back in the 1970’s. The Village’s allocation is for 400 acre feet per year – very low cost water and the Village has never used it. - The Village has developers who have put credits in to the permit that the Village owns – 99-acre ft. total. - The Village has a considerable amount of credits, 436-acre ft. of credits, that developers put in the Village’s permit – they are the Village’s water rights but the developer owns the rights and can sell to another developer or use it for their own purposes. - The 967-acre ft. that the Village has, no other community around has that amount. - The agreement with Facebook has two part to it – first, Facebook is a significant water user. The Village gave them a pass on the first 500-acre ft. of their water right demand. Beyond that first 500-acre ft., the Village has the responsibility to go out and find the water rights, but Facebook will pay for the water rights that the Village does find. - Facebook also has a commitment to pay for some of the administrative costs along with a large sewer/water bill. - Niagara, there is no deal. They need 285-acre ft. diversion, and 219 consumptive, very small but a considerable amount of water. - Regarding going out and obtaining water rights – the state has some and the market place. Only interested in the old surface water rights. Back in 1985, it was $1,000 per acre ft., now anywhere from $1,300 to $1,500 per acre ft. - Councilman Romero asked where the 500-acre ft. come from for Facebook. Mr. Lee replied that will be discussed in closed session. - Councilman Saiz asked what the difference was between diversion and consumptive. Mr. Lee replied, the diversion is what you can pump from your wells. The consumptive use is the amount of water rights that you own that allow you to deplete the Rio Grande. Water rights are based on the effects on the Rio Grande. - The two new users (Facebook and Niagara) are closer to 70/75% consumption and 30/25% return. 2. EXECUTIVE SESSION. Mayor Griego announced that the Council would be going into executive session pursuant to NMSA 1978 Section 10-15-1, that the following matters would be discussed in closed session: discuss acquisition or leasing of specific water rights parcels. APPROVAL: Motion to go into executive session pursuant to NMSA 1978 Section 10-15-1 (H) (8). MOVED: Councilman Romero SECONDED: Councilman Saiz CARRIED: Motion passed on a vote of 4 (Councilwoman Ortiz – yes; Councilman Romero – yes; Councilman Saiz – yes; Councilwoman Sanchez-Montoya) FOR AND 0 AGAINST. Adjourned at 6:20 p.m. At 8:15 p.m., Mayor Griego asked for a motion to reconvene to go back into open session after discussing acquisition or leasing of specific water rights parcels. Mayor Griego announced that there were discussions with staff and consultants regarding the future acquisition of water rights for Facebook and also for general acquisition for the Village itself, and also for the Niagara project. We have directed staff to report back to the Council and no decisions have been made. APPROVAL: Motion to reconvene in open session pursuant to NMSA 1978 Section 10-15-1 (H) (8). MOVED: Councilman Romero SECONDED: Councilwoman Ortiz CARRIED: Motion passed on a vote of 4 (Councilwoman Ortiz – yes; Councilman Romero – yes; Councilman Saiz – yes; Councilwoman Sanchez-Montoya – yes) FOR AND 0 AGAINST. Workshop ended at 8:16PM. __________________________________ Charles Griego, Mayor ATTEST: ____________________________