New Mexico Acequia Association (NMAA)
Concilio Meeting
November 6, 2007
Ghost Ranch Santa Fe
10-00 am – 4:00 pm
Concilio Members Present: Antonio Medina, Don Bustos, Gilbert Sandoval, Macario Griego, Harold Trujillo,
Alfredo Montoya, Facundo Valdez, and Jackie Powell
NMAA Staff Present: Paula Garcia, Janice Varela, Mikki Anaya, Lucille Trujillo, Kenny Salazar, Teresa
Trujillo
Guests: Mike Burns, Jennie Sandoval, Josie Lujan, Alfredo Dominguez, Ryan Gulton
I. Antonio called the meeting to order and announced that: 1) there was a quorum with eight Concilio
members present; 2) that the first part of the meeting would be NMAA business and the second part would be
presentations from NMAA partners; and 3) that Paula would not be present until noon because she was
attending a Legislative Interim Committee meeting.
II. Approval of agenda – Motion made and carried to approve the Agenda with four additional items that
would be discussed at the front end of the meeting. There was discussion that the revised agenda had a
different format than the original one sent out. Motion was made and carried to approve today’s format and
revert back to the original format for future meetings. The four additional items added to the agenda were: 1)
an update by Don regarding the Farm Bill; 2) discussion and planning regarding Paula’s evaluation; 3)
discussion regarding the alleged endorsement of Carlos Cisneros; and 4) a mini-staff presentation
III. Approval of the minutes from July 10, 2007. Motion made and carried to approve the minutes as
presented.
IV. Update on the Farm Bill: Don has been actively participating on the Western Sustainable Agricultural
Working Group (SAG) at the national level. He reported that NMAA has a good reputation. He recommended
that NMAA maintain and buy two memberships which respectively are: 1) the Western SAG ($125.00) and the
National Sustainable Agriculture Campaign. He is the Chair for SAG and a member on the other. It is important
to start the discussion regarding the nomination of Harold to sit on the Board for the National New Immigrant
Farmers Initiative. Harold will represent the Traditional growers. Motion made and carried to renew SAG.
Motion made and carried to nominate Harold. Don also reported on a meeting with Senator Bingaman about
three weeks ago. The Senator was very supportive regarding: 1) The need to change the terminology regarding
“socially and disadvantaged” farmers; 2) allowing input to the Forest Service through an advisory panel to be
created on behalf of cattle ranches and stockmen. Currently tribal input is stated but there is no mention of
input from traditional farmers. Thirdly, language is needed for a pilot project to mentor new farmers and
ranchers. Currently the meetings are held in Washington D.C. but next year, there will be some held on the
west coast. August 2008 in Santa Fe is being proposed. Don has been funded by his organization, the
American Friends Service and also funded from others. This is really beneficial work. As more people
participate, like Harold, there might be a need for funding for him. The Farm Bill is in the Senate and up for
vote. A couple of key issues include a cap on big commodity conservation programs with funds shifted to
specialty crops. The funding level is still the same $98 billion a year. It is not clear if the President will sign the
bill at that level.
V. Evaluation of the Executive Director – the previous committee was Antonio, Facundo, Don, and Harold.
There was some discussion last year that this year’s evaluation be more detailed and that Paula actually signs
off on it. The Concilio agreed that the existing instrument is fine with a comments section and signature line
added for Paula to comment to the evaluation in writing. Don also suggested that Paula self-evaluate in order to
gain her perspective on how she is doing. It was also discussed that the process be kept simple and not be made
overly cumbersome. It was stated that through the Capacity Building project, a job description would be better
defined. Motion was made and carried that the same committee conduct the evaluation with the additions
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suggested regarding the comments and signature line and use of a self-evaluation. A timeframe will be
established by the committee. There was discussion regarding the feasibility of conducting the evaluation by
the December 1, 2007 Annual Meeting? It was decided that the evaluation instrument would be reviewed and
the evaluation itself could take place through a conference call. It was further stated that the instrument be
discussed with Paula and that Don could provide a “self-evaluation”. Harold will provide a suggested
evaluation with all the comments provided. Motion made and carried to go into Executive Session in order for
the Concilio to provide input to the Evaluation Committee. Don suggested that an Executive Session regarding
Paula’s performance occur once or twice a year. [Executive Session].
VI. Alleged NMAA Endorsement of Carlos Cisneros: Carlos’ public relations person, Roman Maes, went
overboard in a Newsletter making it appear as if the NMAA was endorsing Carlos Cisneros. This was a serious
misrepresentation of the intent. When this happened, Harold wrote a letter to Roman. Harold distributed
Roman’s response to Harold’s letter. Hopefully the matter is closed.
VII. Staff reports: two minute presentations from Kenny, Mikki, Janice, Lucille, and Teresa regarding their
duties. Harold also gave a report regarding his contract work. Contract work by Board Members is permissible
in the NMAA By-Laws.
Question: how is communications handled now that Mikki is not doing it?
Answer: Communications is not being addressed adequately at this point. Newsletters are sporadic. This area
must be looked at.
VIII. Executive Director Report: Currently NMAA is engaged in 3 projects and one campaign:
1) Water governance is funded by the State of New Mexico’s Department of Finance and Administration
(DFA). The current phase started on June 1 and is moving on schedule. This project has three components: the 8
regional subcontracts, technical assistance, and statewide workshops. NMAA has not yet hired a person for
infrastructure planning. Harold is assisting with subcontract management; all 8 projects that proposed were
funded. The general statewide workshops start this week with dates reserved through June, 2008.
2) Nuestra Cosecha (Food Project): is funded entirely by the Kellogg Foundation. NMAA has been working on
a food system assessment. There have been about 25 interviews, community surveys and meetings. The next
step is to write a report which will include the qualitative information collected through the interviews, surveys,
and meetings and a quantitative piece which looks at the food economy. Ken Meter has been hired as a
consultant to compile data. There will be a presentation to the Legislative Rural Economic Development
Committee on November 30th. Kellogg has verbally approved a six month no cost extension. Under Nuestra
Cosecha, there has also been work around the Farm Bill. It is expected that out of all this effort, there will be
some legislative proposals.
3) Sembrando Semillas: as of August 1, Miguel is no longer project director. Miguel is still with NMAA on a
part-time basis and is doing the radio show and limited youth mentoring. This program is on low gear at this
time until NMAA can do some project planning. Two foundations have asked NMAA to submit full proposals
however NMAA currently does not have time to do this. This project has been overextended but it is hoped that
it will be fully staffed in the future.
4) Agua Es Vida Campaign: One important component is “membership”, now coordinated by Lucille. She is
completely dedicated to updating the data base to track members and solicit memberships. Another component
is Legislative Strategy which will be discussion on November 16 at a session for Congreso delegates held at the
Santa Fe County Building. This past August, NMAA presented to the Legislative Water and Natural Resources
Interim Committee; a strategy session is needed to follow-up to this meeting. It is important to survey the
landscape to determine what other groups are approaching water. Currently, it is proposed that the Acequia
Construction program be strengthened. There has not been any concrete organizing. NMAA’s partnership with
Legal Aid is of critical importance; acequia litigation is very high and of very important consequence. All these
things support the Agua Es Vida Campaign.
5) Financial Report: The categorization of expenses is almost complete. The major expense is the staff. There is
a pending invoice to DFA. There are two sets of budgets: the one approved in December and the one revised in
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July. UNM is setting aside $35k however it must be spent internal to UNM; they have offered a graduate
student. The details of this will possibly be worked out in January. A $35,000 grant from CCHD for operations
was unexpected. Mandatory state and federal taxes are current; subcontractors are responsible for their own
gross receipts taxes. The 2008 budget will have to address the need for new staff. NMAA books are audited
annually. Don asked for more detail regarding certain items; they were addressed. There was also a question
pertaining to the location of the NMAA; the current space will be unavailable in May 2008. One option is that
NMAA may move to the permanent site of the Farmer’s Market. The location in Mora is a satellite office.
Space in Santa Fe is expensive and scarce however Santa Fe is centrally located and in proximity to state and
legislative offices. The location in Mora is on mile marker 32 on highway 519.
Motion was made and carried to approve to approve the financial report. Recommendations for a Finance
Committee: Harold, Jackie, Gilbert
IX. Presentation by Ryan Gulton, New Mexico Legal Aid (NMLA): NMLA is an invaluable NMAA partner
especially in Water Transfer Litigation. NMLA sas worked with Acequia Governance primarily as part of
helping acequias implement the water transfer language and the water transfer By-Law. It was known all along
that there would be a challenge at some point to the constitutionality of the statute. It has happened in several
cases in the last six months. The Gavilan and Hernandez Cases: in both cases the same person was denied the
request to transfer water. This is a very significant case. The outcome was not the worst result because the
judge did not strike down the statute; however the danger is that the judge will have the opportunity to weigh
the issues and make the decision. The original intent of the legislative statute was to give the power to the
acequias and not to the courts. The question was raised re: how the parciantes can qualify as an expert.
“Experts” must be qualified by the judge; people have to be uniquely qualified and cross-examined by the
opposing attorneys. This is tricky. Some hydrologic studies do exist; this may be one strategic option. In
adjudicated areas, this is possible. According to Ryan, it is a good law constitutionally. It is vulnerable when it
appears that the Commission is not looking at each case individually and frivolously conducting blanket
disapprovals. Acequias must establish that the greater community suffers when one person seeks to benefit from
a water transfer. These early cases will set the tone because there is no case law at present. Harold: Should ByLaws be changed at this point to state that rather than requiring a unanimous vote, each situation should be
evaluated carefully? NMLA and NMAA should be very involved in what actually occurs at the acequia
meeting where the decision is made. Any of these cases could set bad law. When transfers are denied, and they
go to court, what occurred during the decision-making process is extremely important. Are the words
“detrimental” and “impairment” well defined? “Impairment” is defined by case law. This statute uses the word
“detrimental” which has not been defined. It would be advisable to have a lawyer that understands the issues
at every acequia meeting approving/disapproving a transfer. Cities and counties have their own attorneys so it is
something to think about. Acequias need to be advised accordingly. It is however; very important to further
empower acequias so they can address the issues. The law was community based and the idea was that an
acequia wouldn’t need PhD hydrologists because it isn’t practical. The situation is playing out just as NMAA
expected. We may need more resources for the governance piece. We would need at least four more staff
persons to address all the acequias. The legal support also needs to be enhanced. They can’t do litigation with
DFA money. If we were going to do litigation, we would need two more attorneys. There are two in Rio
Arriba County and one in the Hondo Valley. All of this could also be addressed in a strategic planning session.
We need to be thankful that the both Gavilan and Hernandez had updated By-Laws. Once there are some
victories it will be good. Hopefully we will prevail.
X. Congreso de Las Acequias Discussion: Scheduled for December 1, 2007.at the Museo Cultural in Santa Fe.
The new Concilio is elected; and resolutions are established. It is important to make sure that Congreso
delegates are well documented. This is a By-Laws requirement. There are Type I regions (established and
organized) and Type II regions (organization in process). Type I’s have an automatic seat on the Congreso; this
is how the voting is done. Type II’s are year to year. It is sometimes difficult to get the Blue Forms in. They
are due by November 12th. Lucille is the staff person charged with following up for the Congreso. The
delegates are eligible to vote on the resolutions. Four members of the Concilio will expire this year: Facundo,
Alfredo, Macario, and Esteban. Nominations are accepted from the floor. Usually NMAA develops a slate with
the outgoing people who have agreed to serve for another term.
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There was discussion of the creation of a Consejo similar to an honorary board or a Council of elders which
would be called upon “for Consefo”. This Consejo would be non-voting but would keep people involved in
NMAA that have valuable organizational memory and acequia historical, technical or policy expertise. The
Consejo would be linked directly to the Concilio; would have a dignitary function. It could be a traditional
body, a sounding board that NMAA would take questions to. They could possibly mediate disputes. The
Consejo would be made up of those that know NMAA from the inside out and would provide value and
recognition for those that have been close to NMAA. The Indian Tribes have the elders. The Consejo would
have to have a function and they would have to be seriously considered. No decision was made. Action: motion
made and carried that the idea of the Consejo be further developed and that Chairman Antonio ask Estevan
develop this for the next Concilio meeting.
Kenny discussed the Congreso format with he and Janet serving as MCs; this would keep the program on
schedule. Delegates will not introduce themselves individually but will be introduced during a roll-call. Paula
reviewed the Congreso program as it stands. The topic of Water Masters and Water Resource Management
might be added. There are issues with metering, and other alarming items. NMAA may ask someone from Rio
Gallinas to speak on a panel with David Benavidez. Another panel will address the findings of the Food Project
which are also alarming regarding what is occurring in the agricultural landscape. The panels will provide “food
for thought”.
Action: The Ken Meter presentation will be sent to Concilio members with the minutes.
There was discussion regarding the nominating process; Facundo will not be able to attend to annual meeting.
Harold, Gilbert, and Jackie will be the Nominating Committee. The Committee will develop the process and
bring the slate to the Congreso. There will also be nominations from the floor.
Resolutions can only be proposed by regional delegates. It is important to stick to the date agreed upon for
submittal. Resolutions can be short and sweet and should not propose the development of new programs or
projects. A person should be identified with each resolution. November 21st is the deadline proposed however if
a resolution comes in afterward, the Executive Director is given the authority to include it. Paula did a mailing
with all past resolutions so that people would have an idea of what has gone forward before. The resolutions
reflect what the NMAA stands for. Motion was made and carried to conduct a special Concilio meeting on
November 30th to review and discuss the resolutions.
XI. Other
1) Governor Richardson is creating a Water Cabinet; made up of all the Cabinet members that deal with water.
There will be more control in the Executive. The Water Trust Board did not always address the concerns of
rural communities. Action: Alfredo Montoya suggested that Paula put together 3-5 pages with information
for Concilio members to absorb. Paula will do this for the benefit of NMAA partners as well.
2) Paula gave a briefing regarding the domestic well litigation. There are thirteen petitioners; they have entered
into settlement negotiations. All the lawyers represent all the plaintiffs. There have been several rounds of
counters. This litigation applies to existing wells; subdivisions cannot be mutual domestics. Transferring
domestic wells for any purpose was a big issue; would deplete the aquifers.
3) Alfredo Dominguez, New Mexico Acequia Commission was introduced. He invited the NMAA Concilio to
attend their meetings. The next one is in Taos, November 14 th at 10:00 am in the Anaya Building. Meetings are
normally held on the fourth Friday of each month in the Bataan Building. Harold Trujillo was formerly on the
Commission. There are eleven appointed members (10 are parciantes); they are appointed for four year terms.
The duties of the Commission are spelled out in the Acequia Statute Book; they are an advisory board.
Currently the Commission is only authorized to meet once a month. NMAA asked Alfredo if there was a plan
regarding how the $50k from DFA would be spent. Alfredo indicated that there was no decision yet; however
the monies may be used for a staff person who could serve as a clearinghouse and provide timely information to
the Commission.
4) Paula reported on “Capacity Building”; a committee to better deliver NMAA programs and achieve the
mission more completely. NMAA was selected by the Kellogg Foundation who is providing NMAA with a
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consultant to work on this project. Her findings, thus far, are accurate especially in the strengths. She states that
NMAA merits further investment, that NMAA has grown very rapidly, and makes recommendations for how
NMAA can strengthen itself. Her summary further states that NMAA is very mission focused however states
that the Strategic Plan does not have the people and the budget attached to the items so it is very ambitious. She
suggests that we do Strategic Planning and prioritize short and long-term decisions very deliberately. There
will be further clarification of the roles and responsibilities of staff; she recommended another senior staff
position. She recommends prioritization; putting some things on hold; reviewing our collaborations such as
those with NMLA, domestic water working group, food and seed sovereignty alliance, etc. We need to be clear
regarding our roles in any external endeavors. She recommends tightening up financial controls and
management and increasing board involvement in budget so the Board can know more realistically what is
possible. More minds make a better budget and more effective expectations. We need to clarify the purposes
of the two offices, improve our information technology, communications and audits (need more detail). The
Capacity Building committee has been Alfredo, Jackie, Harold, Facundo, and Gilbert. There is a Stabilization
Plan developed by a volunteer, Jutta V. who has very relevant experience and is assisting in this process. The
important thing for the Concilio is the Strategic Planning process.
Action: Motion made and seconded to establish February 28 and 29th for planning.
5) Upcoming calendar events:
 November 16th – Legislative strategy session - 9:30 - noon
 November 21st – Due date for resolutions
 November 26 or 27 – Presentation to Legislative Water and Natural Resources Committee
 November 30th
 10:00 AM Legislative Rural Economic Development Committee
 Governance Planning Committee – Paula will direct them to plan for a 2 day Congreso in
2008 which will include an adjudication summit on day one.
 Special Concilio Meeting to review resolutions
 December 20th – Jan. 1st – NMAA Office closed.
XII. Motion made and carried to adjourn at 4:00 pm
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