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New Mexico Acequias:

New Mexico Acequias:. Tradition & adaptation. Statewide Acequia Workshop. Wednesday, June 26, 2013 Santa Fe Community College. Hosted by the New Mexico Acequia Association and the Ben Lujan Leadership and Public Policy Institute.

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New Mexico Acequias:

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  1. New Mexico Acequias: Tradition & adaptation Statewide Acequia Workshop Wednesday, June 26, 2013 Santa Fe Community College Hosted by the New Mexico Acequia Association and the Ben Lujan Leadership and Public Policy Institute

  2. Overview of Training Topicsfor Commissioners and Mayordomos

  3. Open GovernmentOpen Meetings Act Purpose • Ensure an open democracy • Meetings of public bodies are open to the public • Acequias are public bodies and must comply with the OMA Highlights • 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

  4. Open GovernmentInspection of Public Records Act Purpose • Access to public records is a fundamental right • Acequia records are public • Acequia must comply with IPRA Highlights • Acequias may receive public records requests • Deadlines and rules apply • Call NMAA for more information on how to respond

  5. Open GovernmentRules of Order

  6. Communication with Parciantes • Communication is important • Parciantes should have bylaws • Lists are a necessity • Maintain ownership and water right information • Keep updated accounts

  7. Financial Management Bookkeeping is very important Example: Parciante Record Spreadsheet

  8. Financial Management Cont’d Income and Expense Records

  9. Financial Management Cont’d Sample 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

  10. Audit 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

  11. Bylaws: Defining Membership, Voting 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 Banking Above: Sample Bylaws

  12. Infrastructure Planning • Planning Process • Determine priorities and needs as community • Technical Assistance • NRCS • ICIP • Capital Outlay, 90/10, EQIP • Accountability and Reporting

  13. Water Management Allocation, Banking, Transfers • Fair water allocation • Legal Issues • Relevant statutes • Banking/Transfer Bylaws • Water transfer applications • Officer Roles/Responsibility • Parciante Roles/Responsibility

  14. Acequia 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

  15. Acequia Easements Cont’d • Violations: • 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

  16. Avoiding 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

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