HM 102 — ABQ-BERNALILLO WATER AUTHORITY EFFECTIVENESS

HOUSEA MEMORIAL 102REQUESTING 53RDTHE LEGISLATUREAPPROPRIATE -INTERIM STATECOMMITTEE TO RECEIVE TESTIMONY ON THE EFFECTIVENESS OF NEWTHE MEXICOALBUQUERQUE-BERNALILLO -COUNTY SECONDWATER SESSIONUTILITY ,AUTHORITY 2018IN INTRODUCEDACCOMPLISHING BYITS G.DUTIES.

Andres Romero and Patricio Ruiloba 6 8WHEREAS, 10the AAlbuquerque-Bernalillo MEMORIALcounty REQUESTINGwater THEutility APPROPRIATEauthority INTERIMwas COMMITTEEcreated TOin RECEIVE2003 TESTIMONYpursuant ONto THESection EFFECTIVENESS72-1-10 OFNMSA THE1978 ALBUQUERQUE-BERNALILLOas COUNTYa WATERpolitical UTILITYsubdivision AUTHORITYof INthe ACCOMPLISHINGstate; ITS DUTIES.

15and WHEREAS, the Albuquerque-Bernalilloauthority's countyboard waterof utilitydirectors authorityis wascomposed createdof inthe 2003mayor pursuantof toAlbuquerque Sectionor 72-1-10a NMSAdesignee, ethree tcity 17councilors 1978appointed asby athe politicalAlbuquerque subdivisioncity ofcouncil and three county commissioners appointed by the state;Bernalillo county board of county commissioners;

and wWHEREAS, lthe nmembership dof 18 WHEREAS, the authority's board of directors ismay composedchange ofon =an =annual 19basis aat l the mayorpleasure of the Albuquerque or a designee, three city councilorscouncil iand athe eBernalillo rcounty 20board appointedof bycounty thecommissioners, Albuquerqueas citywell councilas andon three county a tmonthly mbasis, mdepending 21on commissionerswho appointedis byavailable theto Bernalilloattend countymeetings, boardwhich ofcreates da rlack eof 22consistency countyof commissioners;board members;

and c e s k 23 WHEREAS, the membershipauthority ofmakes thepolicy authority'sdecisions boardabout ofwater eand asewer nusage, bsets 24water directorsand maysewer changerates onand anestablishes annualdrought basisrestrictions atand theother pleasurewater ofregulations the u [ Albuquerque city council and theordinances; Bernalillo county board of .210415.2 county commissioners, as well as on a monthly basis, depending on who is available to attend meetings, which creates a lack of consistency of board members;

and WHEREAS, the authority makesmay policyacquire, decisionsmaintain, aboutcontract waterHM and102 sewerfor, usage,condemn setsor protect water and sewerwastewater ratesfacilities and establishesPage 61 droughtis restrictionsempowered andto otherapprove major water regulationsutility projects and ordinances;to issue bonds without voter approval to finance those projects;

and WHEREAS, the duties of the authority mayare acquire,complex maintain,and contracttime-consuming for,and condemntake ormore protecttime waterthan may be available to the mayor and wastewatermembers facilitiesof the Albuquerque city council and isthe empoweredBernalillo tocounty approveboard majorof watercounty utilitycommissioners, projectspotentially andlimiting tothe issuemembers' bondseffectiveness withoutin voteraccomplishing approvalthe toother financeduties thosethat projects;are required of them;

and 12 WHEREAS, given the dutiescomplexity of the authorityauthority's areduties complex and time-the consuming and take more time thanconstraints may be available to the mayor and members of the Albuquerqueboard citymembers, council and the Bernalillo county board of countydirectors commissioners,has potentiallynot limitingbeen thefocused members'solely effectivenesson in accomplishing the otheractivities duties that e e 17 are required of them;the authority;

and eWHEREAS, emeeting nthe dwater 18needs WHEREAS,of given the complexitycity of theAlbuquerque authority'sand dutiesBernalillo =county =is lcritically ]important 19to and the timefuture constraintswell-being of theall boardresidents members,of the boardcity ofand athe lcounty, rand ito 20 directors has not been focused solely on the activitiesstate ofas the t e a twhole; authority;

and m m 21 e d WHEREAS, meeting the 2004 regional water needsplan offor the citymiddle ofRio rGrande, edeveloped 22by cmembers eof rthe cmid-region 23council Albuquerqueof governments and Bernalillothe countymiddle isRio criticallyGrande importantwater toassembly, eidentified aan nexisting bsubstantial 24gap thebetween futureregional well-beingwater ofsupply all residents of the city and thedemand; u [ county, and to the state as a whole;

and .210415.2WHEREAS, -the 2state -is WHEREAS,currently thefacing 2004litigation regionalfrom waterTexas planon for the middle Rio Grande, developedin bywhich memberspermitted ofground thewater mid-regionpumping councilis ofa governmentssignificant issue, and the middleresults Rioof Grandethe waterHM assembly,102 identifiedPage an2 existinglitigation substantialcould gapimpact betweenall regionalNew Mexicans, particularly those upstream, should additional surface water supplydeliveries andbe demand;required;

and 6 WHEREAS, the stateauthority is currently facing litigation from Texas on the Riolargest Grande,single in which permitted ground water pumpinguser isin aNew significantMexico issue, and theits resultsuse ofimpacts theRio litigationGrande couldflows impactand, allthus, Newrequired Mexicans,deliveries; particularly those upstream, should additional surface water deliveries be required;

and 12 WHEREAS, the authority is thetasked largestwith singleproviding permittedwater groundfor waternew userusers inand Newuses, Mexicothe effects of which are felt both inside and itsoutside useof impactsthe Rioauthority's Grandeservice flowsarea, and,and thus,sometimes requirednot deliveries;until years later;

and WHEREAS, despite the authorityAlbuquerque isinternational taskedsunport withhaving providingreported wateronly forseven-hundredths newof usersan andinch uses,of theprecipitation effectssince ofOctober which1, are2017 feltand boththe insidesnowpack eto edate 17being anddismal, outsideno mention of this situation has been publicly made by the authority's servicestaff area,to andthe sometimesboard notof edirectors, ediminishing nthe dopportunity 18for untildiscussion yearsand later;action;

and = = l ] 19 WHEREAS, despite the AlbuquerqueRio internationalGrande sunportis athe llife rblood ifor 20everyone having reported only seven-hundredths of an inch of t e a t precipitation since October 1, 2017 and theeverything snowpackin toits datebasin; m m 21 e d being dismal, no mention of this situation has been publicly r e 22 c e r c 23 made by the authority's staff to the board of directors, e a n b 24 diminishing the opportunity for discussion and action;

and u [ WHEREAS, the Rio Grande is the life blood for everyone and .210415.2 - 3 - everything in its basin;

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF 6 REPRESENTATIVES OF THE STATE OF NEW MEXICO that the New Mexico legislative council be requested to task the appropriate interim committee that addresses water and HM 102 Page 3 natural resources issues to receive, by October 1, 2018, testimony on its governance and on the effectiveness of the Albuquerque-Bernalillo county water utility authority and its board of directors in accomplishing 12 the authority's duties;

and BE IT FURTHER RESOLVED that thecopies testimonyof tothis memorial be receivedtransmitted includeto potentialthe alternativesAlbuquerque tocity council, the compositionmayor of Albuquerque, the authority'sBernalillo county board of directors;county commissioners, the Albuquerque-Bernalillo county water utility authority board of directors and the co-chairs of the New Mexico legislative council.

recommendationsHM to102 reformPage the4 appointment25 or election process for board members;

and e e 17 recommendations to strengthen the ability of the authority to e e n d 18 meet the current and future water needs of the city of = = l ] 19 Albuquerque, Bernalillo county and associated local a l r i 20 governments;

and t e a t BE IT FURTHER RESOLVED that copies of this memorial be m m 21 e d transmitted to the Albuquerque city council, the mayor of r e 22 c e r c 23 Albuquerque, the Bernalillo county board of county e a n b 24 commissioners, the Albuquerque-Bernalillo county water utility u [ authority board of directors and the co-chairs of the New .210415.2 - 4 - Mexico legislative council.

- 5 - 4 6 8 10 12 14 16 e e 17 e e n d 18 = = l ] 19 a l r i 20 t e a t m m 21 e d r e 22 c e r c 23 e a n b 24 u [ .210415.2