new mexico acequias: tradition & adaptation statewide acequia workshop hosted by the new mexico...

New Mexico Acequias:Tradition

& adaptation Statewide Acequia

Workshop

Hosted by the New Mexico Acequia Association and the Ben Lujan Leadership and

Public Policy Institute

Wednesday, June 26, 2013Santa Fe Community

College

Overview of Overview of Training TopicsTraining Topics

for Commissioners and Mayordomos

Open GovernmentOpen GovernmentOpen Meetings ActOpen Meetings Act

PurposePurpose•Ensure an open democracy•Meetings of public bodies are open to the public•Acequias are public bodies and must comply with the OMA

HighlightsHighlights•Open Meetings Act Resolution•Reasonable notice – 10 days•Agendas available 72 hours prior•Meeting must follow agenda•Minutes that record actions and summarize discussion•Actions at meetings that violate OMA are not valid

Open GovernmentOpen GovernmentInspection of Public Records ActInspection of Public Records Act

PurposePurpose •Access to public records is a fundamental right•Acequia records are public•Acequia must comply with IPRA

HighlightsHighlights•Acequias may receive public records requests•Deadlines and rules apply•Call NMAA for more information on how to respond

Open GovernmentRules of OrderRules of Order

Communication with ParciantesCommunication with Parciantes• Communication is

important• Parciantes should have

bylaws• Lists are a necessity• Maintain ownership and

water right information• Keep updated accounts

Financial ManagementFinancial Management

Bookkeeping is very

important

Example: Parciante Record Spreadsheet

Financial Management Cont’dFinancial Management Cont’d

Income and Expense Records

Financial Management Cont’dFinancial Management Cont’dSample budget for an acequia of 40 parciantes, with a total acerage of 60.

Mayordomo fee $10 per acre.Cleaning fee $50 each parciante.

Maintaining Budgets

Audit Rule ComplianceAudit Rule Compliance• As subdivisions of state government, acequias

must comply with the Audit Rule• Receiving Capital Outlay funds is also

predicated on compliance• There are 7 tiers that are based on revenue

and Capital Outlay funding• Nearly all acequias fall within the first 3 tiers• Contact NMAA for details or assistance

Bylaws:Bylaws:Defining Membership, Defining Membership,

Voting RightsVoting Rights• Bylaws required by State Law

• Governing Body• Membership• Officer Duties

• Description of Water Rights• Parciantes Rights/Obligations

• Meetings - OMA• Elections and Voting

• Transfers and BankingAbove: Sample Bylaws

Infrastructure PlanningInfrastructure Planning

• Planning Process– Determine priorities

and needs as community

• Technical Assistance– NRCS

• ICIP• Capital Outlay, 90/10,

EQIP • Accountability and

Reporting

Water ManagementWater ManagementAllocation, Banking, TransfersAllocation, Banking, Transfers

• Fair water allocation• Legal Issues• Relevant statutes• Banking/Transfer Bylaws• Water transfer applications• Officer Roles/Responsibility• Parciante

Roles/Responsibility

Acequia EasementsAcequia Easements• Right of Way that runs along length of acequia

• Traditional Point of Access

• Width of easement “adequate to allow for reasonable maintenance”, can be defined in bylaws

Acequia Easements Cont’dAcequia Easements Cont’dViolations:

•Building fences across acequia•Building houses, corrals, etc. within easement•Blocking access to acequia through traditional access point(s).

Disputes:•Officials should communicate with landowners•Newcomers should be given bylaws•Legal remedies

Avoiding LitigationAvoiding Litigation

• Understand relevant laws• Understand acequia rights

and obligations• Communicate with

parciantes• Resolve disputes informally

if possible• Seek legal advice or

mediation services if necessary