This chapter shall be known as the town of Mesilla special water users’ association.
(Ord. 2006-11 § 1)
In 2003, the New Mexico legislature adopted Sections 72-1-9, 72-6-3, 72-6-5, 72-6-6, 73-10-48, 73-10-49 and 73-10-50 NMSA 1978 authorizing the creation of special water users’ associations by municipalities which supply water to lands within the boundaries of certain irrigation districts such as Elephant Butte Irrigation District (“EBID”) and subjecting them to approval and regulation by EBID and the State Engineer.
(Ord. 2006-11 § 1)
The purposes of the association are as follows:
A.
To comply with the requirements of Sections 72-1-9, 72-6-3, 72-6-5, 72-6-6, 73-10-48, 73-10-49, 73-10-50 NMSA 1978, thereby enabling the association to enter into 40-year leases of the annual allotments of Rio Grande Project water from owners of tracts of land within the boundaries of Elephant Butte Irrigation District (“district”);
B.
To act in a fiduciary capacity on behalf of the town as a municipal water utility;
C.
To acquire annual water allotments on behalf of the town as authorized by town ordinances.
(Ord. 2006-11 § 1)
The long-term goal for the use of the water leased by the association is to accumulate sufficient amounts of Rio Grande Project surface water for a surface water treatment facility (“facility”), which will treat surface water to potable drinking water standards and supply at least a portion of that water to persons residing within the boundaries of the district. The facility will be owned by the town or another government or semi-governmental agency. The leased water contributed by the association to the facility will be available for distribution to town water utility customers. Until such time as the facility is constructed and is operational, the association will sell these annual allotments of leased water for agricultural use or for surface water irrigation within the boundaries of the district at a rate equal to or less than the total assessment from the district for the water.
(Ord. 2006-11 § 1)
A.
Name. The association shall be known as the town of Mesilla special water users’ association (“association”).
B.
Entities Forming the Association. The town of Mesilla (“town”), a New Mexico municipal corporation, shall be the sole member of the association.
C.
Location of Principal Office. The location of the association’s principal office shall be the Town Hall of the town of Mesilla, 2231 Avenida de Mesilla, in Mesilla, New Mexico.
D.
Registered Agent. The registered agent for the association shall be the town clerk-treasurer whose physical address is the Town Clerk-Treasurer’s Office, Mesilla Town Hall, 2231 Avenida de Mesilla in Mesilla, New Mexico.
E.
Duration. The duration of the association shall be perpetual unless the association is dissolved by formal action of its board of directors.
(Ord. 2006-11 § 1)
The association will operate within Dona Ana County, New Mexico.
A.
The general service area of the association will be the water utility service area of the town, which operates a municipal water utility pursuant to New Mexico State Statutes. Specifically, Section 3-27-1 (1965) NMSA 1978, and as amended, allows municipalities to supply water for private and public use within and without the municipal boundary without designation of a service area. However, the primary water utility service area of the town, and therefore of the association, will be within the present and future municipal boundaries of the town.
B.
The service area outside of the municipal boundaries is subject to the following limitations:
1.
Not within the utility service area of another municipality such as the city of Las Cruces;
2.
Not within the water utility service area of New Mexico State University;
3.
Not within a water service area duly identified and designated by Dona Ana County, New Mexico, in compliance with the Dona Ana County water ordinance;
4.
Not within the duly identified and designated service area of a private water utility company such as Jornada Water Company or Dona Ana Mutual Domestic Water Consumers Association;
5.
Not within the duly identified and designated service area of Jornada Water Company within the present municipal boundaries of the town of Mesilla.
Any of the limitations set forth above may be waived by written agreement between the association and/or the town of Mesilla and the third party water provider.
(Ord. 2006-11 § 1)
A.
All expenditures to lease the annual Rio Grande Project water allotments and to pay the annual district consolidated assessment in the name of the association shall be made by the association on behalf of the town from funds budgeted by the town from the town’s water acquisition and management fund as described in Chapter 13.26 MTC.
B.
Any proceeds from the sale of the annual allotments will be deposited by the association into said water acquisition and management fund.
C.
The association will not acquire, construct, improve or maintain infrastructure or works referenced in Section 73-10-49 (E) NMSA 1978.
(Ord. 2006-11 § 1)
The board of directors of the association shall be the five members of the town of Mesilla board of trustees, who are elected in accordance with the municipal code and the New Mexico election code as applicable.
(Ord. 2006-11 § 1)
The association will be leasing Rio Grande Project surface water use allotments from individual owners of water righted land within the boundaries of the Elephant Butte Irrigation District.
(Ord. 2006-11 § 1)
A.
Chairperson. The chairperson of the association shall be the mayor of the town.
B.
Meetings and Agenda. The chairperson, or the chairperson’s designee, shall set the agenda, schedule public meetings as needed, and publish notice of the meetings in compliance with the New Mexico Open Meetings Act.
C.
Voting. All expenditures and actions by the board shall be approved by a majority vote.
(Ord. 2006-11 § 1)
The association shall establish a subcommittee of three board members, who will be the board chairperson and two other board members selected by the chairperson with the consent of the association board. The mayor will be the chairperson of the subcommittee. The mayor, or the mayor’s designee, will set the agenda, schedule public meetings as needed and publish notice of meetings in compliance with the New Mexico Open Meetings Act.
The subcommittee will be authorized to do the following:
A.
Approve expenditures for the lease of water allotments for the association up to the amount of the town clerk-treasurer’s procurement code authorization, which is presently $20,000 per transaction.
B.
Recommend to the association board approval of expenditures for the lease of water allotments in excess of the town clerk-treasurer’s procurement code authority.
C.
Review and recommend approval of expenditures for the purchase of water rights and for other water-related transactions by the town. Since the association can only lease water allotments, the board of trustees, not the association’s board, will have final approval authority for the purchase of water rights.
(Ord. 2006-11 § 1)
Upon adoption of the ordinance codified in this chapter and in compliance with Section 73-10-49 NMSA 1978, the town of Mesilla special waters users’ association shall submit an original certificate of organization accompanied by a duly adopted resolution of the board of trustees of the town of Mesilla to the New Mexico State Engineer for review and approval for the formation of the association. At the same time, the association shall submit the certificate of organization accompanied by the resolution to the district board of directors for their review and approval. This certificate of organization shall set forth the information required in Section 73-10-49 NMSA 1978.
(Ord. 2006-11 § 1)
Upon adoption of the ordinance codified in this chapter and upon the approval of the formation of the association by the Office of the State Engineer and the Elephant Butte Irrigation District board of directors, the association, in cooperation with the district, shall adopt a set of rules implementing the operation of the association within the district under Section 73-10-48 A NMSA as authorized by Section 73-10-48 E NMSA.
(Ord. 2006-11 § 1)