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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