enmwua sharon king, vice chairwoman, city of portales - 20130503.pdfre: enmwua ipra request dear...

ENMWUA

Eastern New Mexico Water Utility Authority

Eastern New Mexico Water Utility Authority Members

City of Clovis • Curry County • Town of Elida • Village of Grady • Town of Melrose • City of Portales • Town of Texico

Paul van Gulick, PE, PS, Program Manager 10010 Indian School Rd NE, Suite 104 Albuquerque, NM 87112

(505) 275-0022 Phone • (505) 275-0222 Fax [email protected] www.enmrwa.com

Gayla Brumfield, Chairwoman, City of Clovis Sharon King, Vice Chairwoman, City of Portales

The Concerned Citizens of Curry and Roosevelt Counties May 3, 2013

PO Box 6012

Clovis NM 88101

RE: ENMWUA IPRA Request

Dear Concerned Citizens:

Representatives of the Eastern New Mexico Water Utility Authority and the City of Clovis

have diligently worked to reasonably and responsibly respond to the revised and expanded IPRA

request of April 18, 2013, as further explained in the e-mail of April 22, 2013. To assist in

organizing and compiling the documents requested, a matrix has been developed to track the

request, identify records that are available, and to comment on the production status. Those

documents that are in electronic format are either attached to the e-mail transmission of this letter

or will be forwarded to the e-mail address provided. Those documents that are maintained in

paper format are located at the offices of the City of Clovis at 321 N. Connolly Street. Please

contact David Richards by e-mail ([email protected]) or by phone (575-763-4428) to

make arrangements for inspecting the paper documents. For paper documents that are requested

to be copied, there will be a charge of $0.25 per page, which must be paid in advance.

Request

No.

IPRA Request as received Identified Record Comment

1 We have read the Hinkle and

Landers CPA Independent

Auditor’s Report of June 30,

2012 but need more detail;

please provide the Accounts

Receivable and Accounts

Payable records for the past 5

years, or 2007-2013

No record exists There are no accounts payable

or accounts receivable.

No further action

mailto:[email protected]

http://www.enmrwa.com/

ENMWUA


of 27


Request

No.


2 The Authority may have

multiple bank accounts; please

provide the Check Register for

the Authority for the past 5

years - we are asking for

monthly bank statements with

transaction data that would

reflect all disbursements and

deposits

ENMWUA formed in July

2010 – Clovis is fiscal agent

for banking information

Superseded by new request 2.1

No further action

2.1 Bank Statements from

previous legal entities,

including JPA, prior to the

formation of the Authority in

2010 - regardless of name and

type. In other words, any entity

that has made disbursements or

collections on behalf of the

Authority or its predecessors.

City of Clovis

bank statements

for past 5 years.

City of Clovis is fiscal agent.

Requested information is found

in City of Clovis bank

statements.

Record of City of Clovis bank

statements for past 5 years are

available for inspection

No further action

3 The Authority may have issued

multiple Credit Cards; please

provide individual monthly

statements and payments for

the past 3 years

No record exists ENMWUA has issued no

credit cards.

No further action

3.1 All entertainment, expense and

reimbursement statements with

cancelled checks for board

members, contractors,

consultants, lobbyists and any

other individual or entity

associated with the Authority,

its predecessors since 2003

No record exists There are no entertainment

expenses.

No further action

4 The Authority has various

contractors, subcontractors,

suppliers and vendors; please

provide the executed contracts

for these companies and

individuals for the past 10

years

All executed

contracts

Record has been Provided

No further action

ENMWUA


of 27


Request

No.


5 Please provide the Project

Management Plan for the

Authority; we are specifically

interested in budgets,

schedules, actuals, reports,

variance analysis

No record exists No Project Management Plans

that describe budgets,

schedules, comparisons to

actual, narrative performance

reports and/or variance

analysis exist

No further action

6 Please provide any Change

Orders that have been

approved and funded over the

past 5 years

No record exists No change orders exist

No further action

7 Please provide service

Contracts and compensation

plans for Board members

No record exists No service contracts or

compensation plans exist

No further action

8 Please provide Liability

Insurance and the name of the

Underwriter and specific

coverage amounts for the

Board, its individual members

and the Liability Insurance

required for Contractors

Any Liability

Insurance held by

ENMWUA and

any liability

insurance held by

ASI

Record has been provided

No further action

9 If damage is caused to the Ute

Lake Dam as a direct result of

blasting for and the installation

of the Intake Structure or

Pump Station, please indicate

the entity that will take

responsibility for the damage,

the mitigation, the loss and the

amount of coverage that entity

currently holds for this

eventuality

No record

identified

No further action

ENMWUA


of 27


Request

No.


10 Has the Authority sought and

obtained the advice of a

licensed Geologist to confirm,

beyond any reasonable doubt,

that such construction

activities anticipated by the

blasting, boring, excavation

and mining within 300 yards of

the Dam in bedrock will have

no effect to the integrity of the

Dam structure that is already to

some degree, compromised?

No record

identified

Superseded by new requests

10a, 10b

No further action

10a Please provide the document to

the Authority which provides

the Engineering Analysis for

the Seismic effects from the

Blasting and Boring necessary

for the construction of the

Intake Structure. Please

highlight the margin of error or

safety to the integrity of the

Soil Cement Dam Structure.

“Ute Reservoir

Water Intake

Structure, Ute

Reservoir, New

Mexico, Blast

Plan”

Seismic effects are addressed

in the “Ute Reservoir Water

Intake Structure, Ute

Reservoir, New Mexico, Blast

Plan”. This establishes the

specifications that are used for

safe blasting.

Refer to the eighth page of the

plan showing “Figure 2 U.S.

Bureau of Mines criteria for

safe blasting for the protection

of structures.”

Electronic copy:

“IPRA doc 10a - Final Blast

Plan Ute.pdf”

Provided via email – No

further action

10b Please provide the document to

the Authority which provides a

Second Qualified, Professional

Opinion for Dam Safety from

the Blasting, Boring,

Excavation and other activities

associated with the Intake

Structure and Pumping Station.

Review of

Blasting Plan and

Approval by

CH2M Hill

Electronic copy:

“IPRA doc 10b - 312316 27-

001 Final Blasting Plan

Response 091812.pdf”


further action

ENMWUA


of 27


Request

No.


11 Has the Authority secured a

Seismic analysis for the area at

Ute Lake where the

construction is proposed?

No record

identified

See 10a & 10b

No further action

12 Has the Authority consulted

with the OSE Drought Report

and met with the Drought Task

Force for New Mexico,

regarding the viability of

surface water resources in

Eastern New Mexico?

No record

identified

Superseded by new request 12a

No further action

12a Please provide the Report or

Written Verification prepared

by the Authority to its Board

and the ISC that proves the

viability of surface water

resources at Conchas Lake, the

Arch Hurley Canal, the Ute

Creek and Ute Lake to

consistently deliver 16,500

AFY to the year of 2060 and

beyond without drawing the

Lake down beyond the

Conservation Pool of 3,741.6’

or the physical constraints of

the proposed Intake Structure

of 3,735.5’.

Final

Environment

Assessment

The BOR’s Final EA is the

existing record that presents

the effects of withdrawals.

Link to Final EA already

provided in prior Request no.

33

No further action

13 Has the Authority confirmed

the status and availability of

the $400-$500 million of

Federal funds required for the

Ute Lake pipeline project?

No record

identified


No further action

ENMWUA


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Request

No.


13a Please produce the document

that confirms the status and

availability of the $400-$500

million of Federal funds

required for the Ute Lake

pipeline project. Also

demonstrate proof of funds and

scheduled payments from the

Bureau of Interior or other

Federal agencies to the

Authority in the form of an

appropriation, Bills or any

contractual obligation

whatsoever. Thank you.

BOR Grant

Agreement

R12AP40044

Any terms or obligations are

contained within the current

construction grant agreement

(R12AP40044) with Bureau of

Reclamation which is their sole

contractual obligation now.

Record of BOR grant

agreement (R12AP40044) is

available for inspection at City

of Clovis

No further action

14 Which Federal Department

will be issuing these funds

through an unrestricted

appropriation?

No record

identified


No further action

15 Does the Authority have a

written commitment for at

least 50% of these funds from

a specific Department or

Agency?

No record

identified


No further action

16 Please provide a percentage

(0.0% to 100.0%) or degree of

certainty (0 to 100) of the

unrestricted award of funds to

the Authority from the Federal

Agency, giving names, dates

and amounts of funds to be

transferred

No record

identified


No further action

17 Please indicate if any portion

of the Federal funds for this

project are in the form of a

loan that gathers interest or

requires any form of

repayment

No record

identified


No further action

ENMWUA


of 27


Request

No.


17a Please provide the Document

or Agreement that exists

between the Federal Agency

and the Authority that

stipulates and confirms that

100.0% of the 75.0% of the

Pipeline funding will be

interest free to the Authority

and the People of New

Mexico, without obligation of

repayment or administrative

costs/expenses of any kind.

Thank you.

BOR Grant

Agreement

R12AP40044



Construction Grant Agreement



federal contractual obligation

now.

Record of BOR grant



of Clovis

No further action

18 Please indicate if there are any

restrictions on the use of the

funds for water development in

Eastern New Mexico from

either the Water Trust Board of

New Mexico or the

Department of the Interior

No record

identified


No further action

18a Please provide the document

which confirms that there is

unrestricted use of funds for

water development in Eastern

New Mexico from both the

Water Trust Board of New

Mexico and the Department of

the Interior or the cognizant

Federal Agency that is

expected to provide the

funding to the Authority.

BOR Grant

Agreement

R12AP40044 and

current WTB

grant/loan

agreements.


contained within the BOR


(R12AP40044) and also the

current WTB grant/loan

agreements

Record of BOR grant

agreement and all current WTB

grant/loan agreements are


of Clovis

No further action

19 Please indicate the Federal

oversight that will be

associated with the funds

received, estimated to be

75.0% of the total cost, by the

Authority

No record

identified


No further action

ENMWUA


of 27


Request

No.



which indicates the Federal

oversight that will be

associated with the funds

received, estimated to be

75.0% of the total cost, by the

Authority

BOR Grant

Agreement

R12AP40044






contractual obligation now.

Record of BOR grant



of Clovis

No further action

20 Please provide the OCCAM

Performance Reviews since the

inception of their Contract or

Services agreement

Meeting Minutes There are no formal reviews.

Informal comments, if any,

regarding Occam’s

performance would be in

Meeting minutes

Per IPRA request number 42,

the meeting minutes have been

made available.

No further action

21 Please provide the OCCAM

contract renewals and

justification for a no-bid

relationship

Occam’s

contracts

Procurement

Docs

Records have been Provided

No further action

22 Please list the specific efforts,

investigation and analysis, if

any, made by the Authority to

explore more cost-effective,

affordable water solutions in

the Curry and Roosevelt

County region

No record

identified


22a, 22b

No further action

ENMWUA


of 27


Request

No.



which indicates the specific

efforts, investigation and

analysis, if any, made by the

Authority to explore more

cost-effective, affordable water

solutions in the Curry and

Roosevelt County region

CH2MHILL

Technical Memo

“Summary of

Decision Process

for Evaluation of

Alternatives for

the ENMRWS”

Record of CH2MHILL

technical memo is available

for inspection at City of Clovis

No further action

22b The EA shows that only the

Ogallala Aquifer was

considered and found to be

inadequate and unreliable -

Please show the hydrological

studies in the form of a

document requested by the

Authority that confirm that the

Santa Rosa or Dockum

Aquifers were considered and

also found to be inadequate

and unreliable

CH2MHILL

Technical Memo

“Fresh and

Brackish

Groundwater

Resources in the

ENMRWS

Project Area”

Record of CH2MHILL



No further action

23 Please describe the reaction by

the Authority to the Mesa

Water proposal of 2008 for

potable water at a rate of $2.12

per 1,000 gallons made to

Chairperson Brumfield?

No record

identified


No further action

23a Please provide the Mayor’s

Report to the Authority or to

the City Commission or her

Meeting minutes regarding

Mesa Water’s proposal of

2008 for potable water at a rate

of $2.12 per 1,000 gallons

made to Chairperson

Brumfield

Meeting Minutes See request #42

No further action

24 What has the Authority

historically budgeted for

securing easements for the

pipeline?

No record

identified


No further action

ENMWUA


of 27


Request

No.



that shows the budgets for all

land acquisition, easements

and right of ways, and

litigation associated with

Eminent Domain actions.

Thank you.

CH2MHILL

Technical Memo

“Eastern New

Mexico Rural

Water System –

Land Acquisition

and Permitting”

Record of CH2MHILL



No further action

25 Have the required easements

for the 96-mile pipeline been

secured through agreement and

financial deposit?

No record

identified


25a, 25b

No further action

25a Please provide the Status

Report on securing the

required property and

easements for the 96-mile

pipeline

No record exists There is no status report

No further action

25b Please provide the contracts

and corresponding funds

expended or authorized by the

Authority for the land

acquisition

Permanent

Easement over

ISC lot & Deed to

ENMWUA Lot

12

Record of Easement and Deed

are available for inspection at

City of Clovis

No further action

26 If the required easements have

not been secured at this time,

what does the Authority

estimate to be the cost for

securing the property access?

No record

identified


No further action

26a Please provide the current

Management Report and

corresponding funding request

for securing the remaining

property required for the

easements for the 96-mile

pipeline

No record exists There is no existing

management report or funding

request

No further action

ENMWUA


of 27


Request

No.


27 Please provide the

communications program of

the Authority to the residents

of Curry and Roosevelt County

regarding the Ute Lake

Pipeline project

Meeting Minutes

Final

Environmental

Assessment

Meeting Minutes and Web Site

are the only forms of Public

Communications published by

the Authority.

Record of minutes made

available in Request # 42

In addition, there were a

number of public meetings

during the Environmental

Assessment that are

incorporated in the Final EA.

Link to Final EA was provided

in Request #33

No further action

28 Please provide the water

purchase agreements between

the Authority and EPCOR

(City of Clovis), the Authority

and the City of Portales, and

the Authority and Cannon

AFB

No record exists Superseded by new request 28a

No further action

28a Please provide any evidence,

in the form of a DOCUMENT

or SIGNED AGREEMENT

that confirms that Authority

Members and Cannon AFB are

committed to take ______

volume of Water (AFY) for

________ years and for

______ $ dollars per 1,000

gallons with ______ percent

for escalation factor.

ISC URWC

Contract

There are no purchase

agreements between members

and the Authority. The only

water purchase agreement is

between Ute Reservoir Water

Commission and the ISC for

reservation or purchase of

water from Ute Reservoir.

Electronic copy:

“IPRA doc 28a - ISC URWC

Contract Oct 20 2010

Executed.pdf”


further action

ENMWUA


of 27


Request

No.


29 It has been represented that the

pipeline will be completed no

later than 2025 - can the

Authority estimate the final

cost to New Mexico

Taxpayers? US Tax Payers?

No record

identified


No further action

29a Please provide the Document

that allocates the current

project’s projected costs to

New Mexico Taxpayers,

Authority Member

communities and US

Taxpayers. Thank you.

New Mexico HB

15 & Federal

“Omnibus

Public Land

Management Act

of 2009”

Electronic copies:

“IPRA doc 29a 1 - HB0015 -

ENMWUA Creation.pdf”

“IPRA doc 29a 2 - Omnibus

Public Land Management Act

of 2009 - PLAW-

111publ11.pdf”


further action.

30 What will be the price per

1,000 gallons to the consumers

of Curry and Roosevelt

Counties?

How certain is the Authority

for those rates?

What is the calculated

difference from 2013 rates

paid by consumers?

No record

identified


30a, 30b

No further action

30a Please provide the documents

and working papers that

calculated the price of water to

the Member Communities at

the time of completion of the

Pipeline.

Adopted Finance

Plan

Electronic copy:

“IPRA doc 30a - adopted

finance plan ENMWUA.pdf”


further action

30b Please include a list of the

assumptions and contributing

factors in those documented

calculations

Adopted Finance

Plan

If such a list exists it would be

contained in 30a

No further action

ENMWUA


of 27


Request

No.


31 Can the Authority comment on

the current condition and

expert forecasts on the water

level and water table of the

Conchas Reservoir, the

Canadian River tributary and

the Ute Creek tributary that

feeds Ute Lake?

No record

identified


No further action

31a The Authority represented in

the Final Environmental

Assessment document (Page 9)

that water reaches and exceeds

the Spillway, on average,

every 2.4 years. Please provide

evidence or documented proof

to the Authority that water has

reached and exceeded the

spillway at Ute Lake since

1999.

Final

Environment

Assessment

An Effects Analysis is

contained within the BOR’s

EA.

Link to EA already provided in

prior Request no. 33

No further action

32 Can the Authority provide the

annual maintenance cost of the

Intake Structure and the Pump

Facility?

No record

identified


No further action

32a Please provide the annual

maintenance cost of the Intake

Structure and the Pump

Facility from your

Management Reports,

Engineering Estimates,

Budgets, Forecasts or other

DOCUMENTS in the

Authority’s possession. Thank

you.

CH2MHILL

Technical Memo

– “ENMRWS

Best Technical

Alternative: Cost

Opinion”

Electronic copy:

“IPRA doc 32a -

11_ENMRWSBTACostOpinio

nJuly2006Update.pdf”


further action

ENMWUA


of 27


Request

No.


33 It is estimated that 16,500 afy

will need to be moved 535 feet

up hill to the receiving point in

Clovis, NM. Please provide the

electric energy calculations for

pumping and storing water

over the 96-mile span and at a

higher elevation per year.

Final

Environmental

Assessment

Question is addressed in EA –

link has been provided:

http://www.usbr.gov/uc/albuq/

envdocs/ea/EasternNM/Final-

EA.pdf

New requests made in 313,

33b, 33c, 33d

No further action

33a Please provide the documented

estimates in the form of

MegaWatts per day and year.

Thank you.

CH2MILL

Technical Memo

– “ENMRWS

Best Technical

Alternative:

Electrical

Preliminary

Engineering”

Electronic copy:

“IPRA doc 33a -

08_ENMRWSElectricalTM.pd

f”


further action

33b The EA does indicate that the

current electric infrastructure

may not be sufficient for the

anticipated loads. Please

indicate the documented

difference.

See 33a Refer to letter from Farmers

Electric in previous document

(33a) and in separate letter

from Farmers Electric which is


of Clovis

No further action

33c Please provide the documented

source of funding for

upgrading the current electric

transmission infrastructure






of Clovis

No further action

33d Please provide the documented

approval from the Electric

Utility to upgrade their

infrastructure and their

financial participation for the

upgrade






of Clovis

No further action

http://www.usbr.gov/uc/albuq/envdocs/ea/EasternNM/Final-EA.pdf



ENMWUA


of 27


Request

No.


34 Please provide the source of

the electric energy and the

CO2 to be released, as a result

of this pumping and

transmission effort on an

annual basis

Final

Environmental

Assessment

Question is addressed in EA –

link has been provided:

http://www.usbr.gov/uc/albuq/

envdocs/ea/EasternNM/Final-

EA.pdf

New request made in 34a

No further action

34a A thorough search was

performed on the referenced

document and there are no

statements to the source of

Electric Energy by the name of

the Utility or Transmission

Lines or Substations, nor the

amount of calculated CO2 that

will be produced as a result of

this project.

Final

Environmental

Assessment

See comment #3 on page 142

of 144 pages of the Final

Environmental Assessment

No further action

35 Please provide the Trip

Reports and Presentations

made by Authority Board

members and consultants for

the past 5 years

Meeting Minutes Any trip reports and/or

presentations would be found

or referred to in the Meeting

Minutes.

Record made available in

Request # 42




ENMWUA


of 27


Request

No.


36 Please provide Trip Logs,

Expenses and

Accomplishments by

Authority Board members and

consultants for the past 5 years

Meeting Minutes

Occam’s invoices

There are no trip logs. Direct

expenses are incorporated in

Occam’s invoices.

Accomplishments are not an

existing record except as they

may be contained within the

Meeting Minutes.

Electronic Copy:

“IPRA doc 36 - Occam

Invoices.zip”

Provided via email

Meeting Minutes made

available in Request # 42

No further action

37 Please provide payments,

expenses and accomplishments

for any registered Lobbying

efforts employed by the

Authority or an agent of the

Authority

Occam Invoices

Meeting Minutes

Occam’s invoices contain a

line item “Campaign” each

month and this is the record for

any lobbying efforts.

Accomplishments are not an

existing record except as they

may be contained in the

Meeting Minutes.

Records made available in

Requests #36 & #42 – no

further action

38 Please provide the

Contingency Plan for the

Authority, if Ute Lake is

determined to be unproductive,

or if the Drought continues

No record exists ENMWUA has not prepared a

contingency plan.

New request made in 38a

No further action

ENMWUA


of 27


Request

No.



or written justification for

ignoring viable water

alternatives in the Region or a

Contingency Plan in the event

that the historic drought

continues and the inflows that

were represented by data from

1981 are unreliable.

No record

identified

“Viable alternatives” not

specified

“Data from 1981” not specified

No further action

39 Please provide the Charter and

Articles of Formation and By-

Laws, if any for the Authority

New Mexico

Statutes

There is no Charter, articles, or

by-laws other than the Eastern

New Mexico Water Utility

Authority Act, 73-27-1 to 73-

27-19, NM Statutes Annotated:

http://www.nmonesource.com/

nmnxtadmin/NMPublic.aspx

No further action

40 Please provide all

communications and

presentations between the

Authority and the NM Water

Trust Fund

Presentation to

WTB Jan 9, 2013

Record of PowerPoint

presentation was made


No further action

41 Please provide the name of the

Authority’s Legal Counsel . . .

How much has the Legal

Counsel been paid for the past

5 years, by year?

Was a RFP issued for legal

services or was this contract

sole source?

No record

identified


41a, 41b, 41c

No further action

41a Please confirm from

documents and other

communications that David F.

Richards is the Attorney for

the Authority and that there

have been no other attorneys

engaged by or for the

Authority

NMSA 13-1-98 Copy of statute is made


of Clovis

No further action

http://www.nmonesource.com/nmnxtadmin/NMPublic.aspx

http://www.nmonesource.com/nmnxtadmin/NMPublic.aspx

ENMWUA


of 27


Request

No.


41b Please confirm through

invoices and cancelled checks

from the Authority and its

Members, the amount that has

been paid to Mr. Richards and

his colleagues by year for the

each of the last 5 years

City of Clovis

bank statements

including

Cancelled Checks

Record is made available for

inspection at City of Clovis

No further action

41c Please indicate by evidence of

RFP that Mr. Richards services

were secured after competitive

bid and not sole source

RFP No. 06-

0531-11

Record is made available for

inspection at City of Clovis

No further action

42 Please provide the Authority’s

Meeting Minutes since its’

inception

Meeting Minutes Record of minutes for

ENMWUA were made


Record of JPA entity

ENMRWA minutes back to

2003 are now available for

inspection

No further action

43 Is the City of Clovis still

serving as the Fiscal Agent for

the Authority?

No record

identified


No further action


that proves that the City of

Clovis is serving as the Fiscal

Agent for the Authority and

the period of that performance.

Memo from

Raymond

Mondragon to

Mayor Lansford

5/21/2003

Memo from Don

Clifton to Mayor

Lansford

6/5/2003

Record of memos are made


of Clovis

No further action

ENMWUA


of 27


Request

No.


44 Please provide the monthly or

quarterly Accounts Receivable

and Accounts Payable

documents for the Authority

from its formation in 2011 to

current periods. Also provide

the same for the preceding

years from 2007 to the

formation of the Authority, by

whatever legal entities or fiscal

authorities were operating the

Ute Lake Pipeline Project.

(This will provide a total of 5

years of information, as

requested on March 12, 2013).

No record There are no accounts payable

and no accounts receivable

No further action

45a Sources of Cash on hand -

$1,535,053.27? Please show

the entities that contributed

cash or sources of income from

accounting notes

Accounting sheet Record of accounting sheet is

made available for inspection

at City of Clovis

No further action

45b Lot - Ute Lake for $180,000 -

Please provide the Appraisal

document and the Sales

Agreement for this purchase

Appraisal Record of appraisal is made


of Clovis

There is no sales agreement

No further action

45c Lot - Ute Lake - Please

indicate, if not on the Sales

Agreement, the commissions

paid to Real Estate Agents for

this transaction

No record exists There is no sales agreement

No further action

45d Lot - Ute Lake - does the

Authority have a mortgage on

this property or did it pay

cash? Please provide the

document that proves either.

Two checks Record of checks is available


No further action

45e Lot - Ute Lake - Please

provide the Title for this

property and the individuals

that signed for the property

Recorded Deed Record of recorded deed is


at City of Clovis – No further

action

ENMWUA


of 27


Request

No.


45f Perpetual Easement - State of

NM for $90,000- Please

provide the Appraisal

document and the Sales

Agreement for this purchase

No record exists There is no appraisal for the

easement

There is no sales agreement

No further action

45g Perpetual Easement - State of

NM - Please indicate, if not on

the Sales Agreement, the

commissions paid to Real

Estate Agents for this

transaction

No record exists There is no sales agreement

No further action

45h Perpetual Easement - State of

NM - does the Authority have

a mortgage on this property or

did it pay cash? Please provide

the document that proves

either.

Single check Record of check is made


of Clovis

No further action

45i Perpetual Easement - State of

NM - Please provide the Title

for this property and the

individuals that signed for the

property

Recorded

easement

Record of recorded easement is


at City of Clovis – No further

action

ENMWUA


of 27


Request

No.


45j Please provide the CH2MHill

work product that justifies the

expenditures of $1,564,997.94

and $5,5255,137.58,

respectively

CH2MHILL

documents:

“Eastern New

Mexico Rural

Water System –

Preliminary

Engineering

Report Volumes

1-4”

“Eastern New

Mexico Rural

Water System –

Water Treatment

Plant Schematic

Design Report

Volumes 1 & 2”

“Eastern New

Mexico Rural

Water System –

Task Order 2 –

Pipeline

Schematic

Design”

“Eastern New

Mexico Rural

Water System –

Task Order 2 –

Pump Station

Schematic

Design”

“Eastern New

Mexico Rural

Water System –

Task Order 2 –

Water Treatment

Plant Schematic

Design”

Record of CH2MHIL

documents are made available


No further action

ENMWUA


of 27


Request

No.


45k Please provide a document that

shows that 40.0% of the

Pipeline Design is complete

when the Routes and

Easements have not been

confirmed or acquired

CH2MHILL

Technical Memo

“Eastern New

Mexico Rural

Water System –

Land Acquisition

and Permitting”

Design is not 40% complete.

Regarding easements, see

request #24a

Record of CH2MHILL

Technical Memo is available

for review at City of Clovis –

no further actiion

46a Six Loans were listed with the

Water Trust Board

N/A Not a request

No further action

46b Please provide the loan

applications (documents) for

each of the loans

Existing WTB

grant/loan

agreements

Each WTB loan/grant

agreement includes the

application as an attachment.

Record of existing WTB

loan/grant agreements are


at City of Clovis (see Request

#18a)

No further action

46c Please provide the document

that shows the commencement

date of WTB #213 for

$4,371,630

WTB 213

Grant/Loan

Agreement

Record of WTB 213 is made


of Clovis (see request #18a)

No further action

46d A Fund Balance was listed for

a total of $9,529,255.97 -

Please provide the documents

that explain the commitments

and uses for these funds

No record

identified

No further action

47a Please provide the Quarterly

Reports to the NMFA dated

March 31, 2012, June 30,

2012, September 30, 2012,

December 31, 2012 and March

31, 2013

Quarterly Report

to NMFA dated

4/5/2012

First quarter of 2012 report to

NMFA. No subsequent reports

have been submitted to NMFA.

No further action

ENMWUA


of 27


Request

No.


47b Please provide all other

documents, emails and other

correspondence to and between

the NMFA and the Water Trust

Board from 2007-2013 as the

Authority and its predecessors,

except for: i. Time Extension Approval

of May 23, 2012 A. Quintana to PV Gulick

ii. WTB #244 Readiness of May 16, 2009 (error)PV Gulick to A. Quintana

iii. WTB #106 of January 25, 2012 A. Quintana to G. Brumfield

iv. WTB #106 Notification of Expiration of March 14, 2012 J. Amacher to G. Brumfield

v. Reminder of March 7, 2011 J. Amacher to G. Brumfield

vi. WTB #213 of August 22, 2011 A. Quintana to S. Verhines

1. vii. WTB #187 of September 27, 2010 D. Chapman to G. Brumfield

Extant emails

between Program

Manager and

NMFA

Electronic copy:

“IPRA doc 47b - emails

NMFA.zip”


further action

47c Please provide the Authorities’

documents reinstating the

WTB#106 Loan that went

beyond the 3 Year Time Limit

- the Loan agreement expired

on March 13, 2012 with a

draw-down of $3,749,406.74

of the $4,525,828.00 awarded

with a balance of $776,421.26

Final Amendment

to WTB

Agreement

Electronic copy:

“IPRA doc 47c - ENMWUA

106-WTB. Loan Agr.

Amendment. Final. 08.13.12-

1.pdf”

Provided via email – no further

action

ENMWUA


of 27


Request

No.


48a The Project Type is described

as Storage, Conveyance and

Delivery . . . Please provide

documented proof of: i. Completed Storage ii. Completed Conveyance iii. Completed Delivery

No record exists Project is at 30% design with

Intake facility at 100% and

under construction. There is

no completed storage,

conveyance, or delivery

No further action

48b i Of the Total of $27,532,692,

please document the total

amount spent

Financial Record Record of amount spent is


at City of Clovis – no further

action

48b ii Of the Total of $27,532,692,

please document actual project

completion

CH2MHILL

work product

See request #45j

No further action

48b iii Of the Total of $27,532,692,

please document Physical

assets purchased and

completed

Deed & Easement See request #45e & request

#45i

No further action

48b iv Of the Total of $27,532,692,

please document the total

amount unspent or remaining

No record exists Derivable from request #48b i

No further action

49a-49g Based on the Senate

Appropriation, dated July 16,

2012:

See 49a-49g Senate Bill 3385, apparently

referred to here as an

appropriation, was introduced

in the 2nd

session of the 112th

congress and was not passed.

49a Provide documented proof that

the Cities of Clovis and

Portales meet the Federal

definition for Rural

communities

112th

Congress,

2nd

session, S.

3385

Any provisions within the Bill

referred to were a matter for

the federal delegation and their

staff.

No ENMWUA record is

requested

No further action

ENMWUA


of 27


Request

No.


49b Provide documented proof that

the Federal funding will not

increase the deficit (See

Section 3(b)(3)Limitation

112th

Congress,

2nd

session, S.

3385




staff.

No ENMWUA record is

requested

No further action

49c Provide documented proof that

the Ute Lake Pipeline will

collect up to $500 million over

the next 20 years (The Fund

Expires on September 30,

2034), when it is competing

with 6 other Rural Projects and

the maximum funding is $80

million per year for all projects

112th

Congress,

2nd

session, S.

3385




staff.

No ENMWUA record is

requested

No further action

49d Provide documented proof

how the Ute Lake Pipeline

creates jobs and stimulates the

economy, rather than

diminishing Tourism for Quay

County and GRT for Logan,

NM and the State

112th

Congress,

2nd

session, S.

3385




staff.

No ENMWUA record is

requested

No further action

49e Provide documented proof that

the Ute Lake Pipeline Project

will minimize water

consumption

112th

Congress,

2nd

session, S.

3385




staff.

No ENMWUA record is

requested

No further action

ENMWUA


of 27


Request

No.


49f Provide documented proof that


will minimize energy

consumption

112th

Congress,

2nd

session, S.

3385




staff.

No ENMWUA record is

requested

No further action

49g Provide documented proof that


will encourage renewable

energy resources, with proven

commitments from electric

utilities and investors

112th

Congress,

2nd

session, S.

3385




staff.

No ENMWUA record is

requested

No further action

50a The meeting took place on

August 14, 2008. Gayla

Brumfield was sworn in as

Mayor of Clovis on March 10,

2008

N/A Not a request

No further action

50b There were several executives

from Mesa Water that can and

will attest to the substance of

their proposals which included

a minimum of 35,000 afy and

the inclusion in a regional

solution

N/A Not a request

No further action

50c Kevin Wilson of the Clovis

New Journal wrote about the

event

N/A Not a request

No further action

50d Also in attendance: Patrick

Lyons, Walter Bradley and

Steve Lyman, who each have a

strong recollection of the event

and the substantive discussions

N/A Not a request

No further action

ENMWUA


of 27


Request

No.


50e ENMWUA Meeting Minutes

from April 12, 2013 that

records the Chair’s denial of

representing the City as Mayor

for this critical and time-

sensitive opportunity in 2008

Meeting Minutes

of April 12, 2013

Meeting minutes from April

12, 2013 are not completed and

are not an available record

until approved at next

scheduled board meeting on

May 23, 2013

Pending

51a Proof of the timely end of the

drought from respected

Climate or Environmental

Authorities

No record

identified

No further action

51b The next time the Lake level is

expected to exceed the

Spillway or reach the carrying

capacity of 207,000 afy

No record

identified

No further action

51c The anticipated contributions

of the Ute Lake inflows

measured in afy, including the

Canadian River, Conchas

Lake, the Arch Hurley

Conservation District and Ute

Creek starting 2013-2023 at

the completion of the pipeline

No record

identified

No further action

51d The measured increase in

salinity levels of Ute Lake due

to decreases in Lake levels and

the encroachment of briny

seepage

No record

identified

No further action

Thank you for your cooperation.

Very truly yours,

Paul van Gulick, Program Manager

Eastern NM Water Utility Authority

enmwua sharon king, vice chairwoman, city of portales - 20130503.pdfre: enmwua ipra request dear...

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