GilaAWSA Work Plan FY2017 Executive Summary The Gila/AWSA FY2017 work plan includes the following work elements: 1) advance the design of the NM Unit to a level sufficient to support NEPA; 2) initiate NEPA for the New Mexico Unit and perform related studies needed to support the NEPA process, 3) continue to inform the public and interested parties, 4) respond to legal aspects of NEPA and/or any potential litigation, and 5) proceed with the Non-NM Unit projects. In order to ensure sufficient funding to accomplish all potential work tasks, staff requests a total FY2017 budget of $12,116,000. The largest portion of this request, $9,100,000, is the funding previously allocated by the Commission for non-diversion, non-NM Unit projects. All work described in this Work Plan will be funded from the NM Unit Fund. Background On November 24, 2014, the New Mexico Interstate Stream Commission (“ISC” or “Commission”) informed the US Secretary of the Interior (“SOI”) of New Mexico’s intent to pursue a New Mexico Unit of the Central Arizona Project (“NM Unit”) pursuant to the 2004 Arizona Water Settlements Act (“AWSA”). Prior to construction of a NM Unit, an Environmental Impact Statement (“EIS”) must be prepared, in accordance with the National Environmental Policy Act (“NEPA”). The SOI must issue a Record of Decision, based on the completed EIS, no later than December 31, 2019. If the NEPA process is delayed for reasons outside the control of New Mexico, the Secretary may extend the deadline to issue a Record of Decision for a reasonable period of time, not to extend beyond December 31, 2030. The AWSA has designated the US Bureau of Reclamation (“Reclamation”) as the federal lead agency for environmental compliance activities related to the NM Unit, while providing for New Mexico, through the ISC, to be designated as a joint lead upon request. On February 27, 2015, the Commission sent a formal letter, requesting that the SOI designate the ISC as a joint lead. The ISC and Reclamation are currently negotiating the terms of their work together as joint leads. Additionally, the New Mexico Central Arizona Project Entity (“CAP Entity”), which is the entity that will own and hold title to the NM Unit, was formed under a Joint Powers Agreement on July 22, 2015. It is composed of thirteen local governments from Southwest New Mexico, as well as the ISC as a non-voting member. The CAP Entity subsequently signed the NM Unit Agreement with the SOI on November 23, 2015, thus meeting the deadline imposed by the AWSA. The SOI is authorized to design, build, operate, and maintain the NM Unit. Upon request by the CAP Entity, the SOI shall transfer to the CAP Entity the responsibility to design, build, operate, GilaAWSA Work Plan FY2017 1 and maintain the NM Unit, or any combination thereof. On March 1, 2016, the CAP Entity voted to send a letter to the SOI, requesting the transfer of the design authority. The letter was sent on April 4, 2016. On May 2, 2016, the Department of Interior through Reclamation responded by formally transferring the design authority to the CAP Entity. For the purpose of preparing the EIS, the NM Unit needs to be designed to a level sufficient to allow the public and interested parties to make meaningful comment and to determine what physical, socio-economic, and environmental effects might result from implementation of the NM Unit. That design level could be up to 30-percent for some portions of the project. On November 24, 2015, the CAP Entity voted to allow the ISC to negotiate and award a contract pertaining to this engineering design effort. The contract was awarded on May 9, 2016. Description Staff’s FY2017 work plan includes the following work elements: 1) advance the design of the NM Unit to a level sufficient to support NEPA; 2) initiate NEPA for the NM Unit and perform related studies needed to support the NEPA process; 3) continue to inform the public and interested parties; 4) respond to legal aspects of NEPA and/or any potential litigation, and 5) proceed with the Non-NM Unit projects. In order to accomplish the above goals, staff intends to conduct the following tasks for each work element: 1. Engineering services for NM Unit project. In FY2017, the staff and the selected design engineer, AECOM, will work with the New Mexico CAP Entity to identify a Proposed Action for a NM Unit for NEPA. The contract with AECOM was executed and the Notice To Proceed was issued on May 9, 2016. Staff also anticipates that an ‘up to 30-percent’ design of some portions of the Proposed Action will be needed prior to completion of the NEPA process. All or part of the 30-percent design may occur in FY2017. The budget will include the costs of engineering and related efforts, including Value Engineering workshop(s) and geotechnical investigation. The requested budget for this item is $1,850,000. 2. NEPA and related services for NM Unit project. The ISC and Reclamation will 1) sign a Memorandum of Understanding (“MOU”), which outlines both agencies’ duties and responsibilities as NEPA joint leads with respect to environmental compliance and the drafting of the EIS for the NM Unit, and also 2) execute a Funding Agreement to fund Reclamation’s work on this EIS. After the CAP Entity decides on a proposed NM Unit, staff will work with Reclamation to develop a scope of work for a Request for Proposals (“RFP”) for a NEPA contractor. After the Funding Agreement and NEPA MOUs are signed between ISC and Reclamation, and ISC has transferred sufficient funding in advance to Reclamation, Reclamation will advertise the RFP and select a NEPA Contractor. Reclamation will hold the contract for the NEPA contractor. Reclamation will also publish a Notice of Intent in the Federal Register to prepare an EIS for the NM Unit, which will officially begin the NEPA GilaAWSA Work Plan FY2017 2 process. NEPA will initiate in FY2017. However, progress will depend on the time needed to procure NEPA services by Reclamation’s contracting office. The budget requested in this work plan will not cover the NEPA Contractor or Reclamation’s internal costs. Those costs will be presented for Commission approval after they have been received from and negotiated with Reclamation. Staff anticipates receiving those estimates within a month after the NM CAP Entity has decided on a NM Unit project. The CAP Entity’s decision is currently anticipated in mid-July 2016. The work plan will be amended to reflect the negotiated costs. Related services include, but are not limited to, expert support and studies in Surface Water Hydrology, Geohydrology, Biology and Ecology, Cultural (Archeological) Resources, and Socioeconomics. The results of these assessments would be beneficial during the NEPA process. The estimated budget for these specialized support services and studies is $810,000. 3. Public outreach services. Staff posts AWSA-related documents on the AWSA website, nmawsa.org, in order to provide easy public access to information. Costs associated with the website include server fees and a web designer who makes changes to the site as necessary. The estimated budget for this item is $16,000. 4. Legal services. Specialized legal advice will be needed to assist the ISC through the NEPA process. The requested legal services budget also includes legal support for any possible litigation associated with the NM Unit. The estimated budget for this item is $340,000. 5. Non-NM Unit projects: The Commission has allocated $9.1 million from the NM Unit Fund for Non-NM Unit projects. The staff has been working with the grant recipients on the funding agreements. The requested budget for this item is $9,100,000. The details are as follows: 1. Deming Effluent Reuse: $1,750,000 for design and construction.  Status: The Notice to Proceed has been received by the City of Deming. 2. Gila Basin Irrigation Commission Diversion Structure: $1,250,000 for design and engineering and/or construction.  Status: The funding agreement for design and engineering has been signed by the ISC, GBIC, and Grant Soil and Water Conservation District as its fiscal agent. 3. 1892 Luna Irrigation Ditch Diversion Structure: $100,000 for design, engineering, and/or construction.  Status: A funding agreement for design and engineering services has been sent to the grant recipient. GilaAWSA Work Plan FY2017 3 4. Pleasanton East Side Ditch Improvement: $200,000 for design, engineering, and/or construction  Status: A funding agreement for design and engineering services has been sent to the grant recipient. 5. Sunset Ditch Improvement: $130,000 for design, engineering, and/or construction  Status: A funding agreement for design and engineering services has been sent to the grant recipient. 6. New Model Ditch Improvement: $70,000 for construction  Status: A funding agreement for construction services has been sent to the grant recipient. 7. Catron County Ditches Diversion Structures: $500,000 for design, engineering, and/or construction  Status: A funding agreement for design and engineering services has been sent to the grant recipient. 8. Grant County Water Commission Wellfield and Pipeline: $2,100,000 for construction  Status: The staff is awaiting GCWC’s business plan, including provision of additional funding. The deadline is December 31, 2016. 9. Municipal Water Conservation ($3 million total has been awarded to the following recipients; all funding must be expended by 2020.) 1) Bayard Effluent Reuse: $1,171,048 for design and construction 2) Bayard Effluent Reuse, Schools: $176,295 for design and construction 3) Deming Effluent Reuse: $596,000 for design and construction 4) Lordsburg Meter Replacement: $242,950 for implementation 5) Rodeo Meter Replacement: $14,000 for implementation 6) Hurley Meter Replacement: $181,550 for implementation 7) Santa Clara Effluent Reuse: $100,000 for design and engineering 8) Silver City Park Irrigation Upgrade: $18,157 for implementation 9) Silver City Meter Replacement: $500,000 for implementation Type of Contractual Services Needed  Element No.1 (Engineering services for NM Unit project): For this element, AECOM will provide the services, per RFP#2015-07-ISC that was approved by the Commission on March 17, 2016. Also, see the list of the Office of the State Engineer Professional Service contractors for On-Call Engineering Services, page 8, for the contractors that may be used for Value Engineering workshop(s) and geotechnical investigation.  Element No. 2 (NEPA and related services for NM Unit project): See the list of Professional Water Resources Services (SWEP 5) contractors, page 1, for the contractors that may be used for Surface Water Hydrology [Column A], Geohydrology [Column C], and Biology and Ecology [Column D], and/or the U.S. Fish and Wildlife Service, which GilaAWSA Work Plan FY2017 4 may be used for services related to Category D. Also, for Socioeconomics, cultural resources, and other studies, staff anticipates small professional service agreements which may be issued at the discretion of the ISC Director based on the authority given to her by the Commission at its April 21, 2016 meeting.  Element No. 3 (Public outreach services): Staff anticipates that contractual services for this element will be contracted via a small professional services agreement issued at the direction of the ISC director based on the authority given to her by the Commission at its April 21, 2016 meeting.  Element No. 4 (Legal services): See the list of Professional Legal Service contractors, page 3 for the contractors that may be used for legal services. The staff requests Commission’s approval to raise the contract cost ceiling for the Brownstein law firm contract from $350,000 to $500,000 to continue with the legal work.  Element No. 5 (Non-NM Unit projects): No contractual services are foreseen for this element. The funds will be disbursed to the local proponents or their fiscal agents. Work Plan Budget, Funding Source and Time Frame The total budget requested for this work plan is $12,116,000 from the NM Unit Fund for work in FY2017. $9,100,000 of the requested budget is the funding previously allocated by the Commission for non-diversion, non-NM Unit projects. Staff anticipates that these Non-NM Unit projects will all need part, or all, of the allocated funding during FY2017. Work Plan Impact and Risks The budget for engineering services is necessary to implement the Commission’s decision to pursue a NM Unit. The risk of not performing needed engineering evaluations would be the inability to properly complete the NEPA process in a timely manner. NEPA and related scientific and legal services are also necessary to implement the Commission’s decision to pursue a NM Unit. Work Plan Managers The work plan managers are Craig Roepke (Bureau Chief), Ali Effati, and Helen Sobien. Amy Haas and Dominique Work are the work plan managers for the legal services requested in this work plan. GilaAWSA Work Plan FY2017 5