1. 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, 2013 Santa Fe Community College

2. Overview of Training Topics Overview of Training Topics for Commissioners and Mayordomos

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

5. Rules of Order Open Government Rules 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