$2M for a ditch doesn’t hold water

Developer wants Navajos to fork over CARES cash for a $30K strip of land needed for clean water

Heck it’s just $2 million. And it came from the feds. That’s one, albeit cynical, way to explain the rationale behind a proposal put forth by Sen. Daniel Ivey-Soto, D-Albuquerque, in his role to help resolve a dispute over an easement through Western Albuquerque Land Holdings property that would allow a line to deliver reliably clean water to the Navajo community of To’Hajiilee.

Ivey-Soto, who describes himself as a “mediator” on the task force convened by County Commissioner Steven Michael Quezada — even though he acknowledges he didn’t talk directly with To’Hajiilee officials — calls this offer an “opening salvo”: The Navajo Nation forks over $2 million of its federal coronavirus relief money to upgrade water infrastructure on WALH land (which WALH paid to build and the Albuquerque Bernalillo County Water Authority owns). In return, WALH grants a 7.2-mile narrow easement through its land for the water line.

The counteroffer from Bernalillo County Manager Julie Morgas Baca to that “opening salvo”: $30,200 for the strip of WALH land. It’s important to note this isn’t a 7.2-acre parcel you can develop. It’s a ditch that runs adjacent to power lines. And that an appraisal puts the value of the land at $4,200.28 an acre. And that WALH owns around 53,000 acres west of Albuquerque, is based out of Delaware and is managed by Barclays Capital Real Estate, a subsidiary of Barclays Bank out of London.

Meanwhile, the 2,000-plus residents of To’Hajiilee have faced a critical shortage of potable water for years. Now, in the throes of the COVID pandemic, people outside their community finally care that there are weeks when they have to travel 30 miles from the western edge of Bernalillo County into Albuquerque to buy fresh water to drink or wash their hands.

There is a lot of daylight between the two positions, so some context is in order.

First, the water authority says the $2 million upgrade to a pumping station on WALH land isn’t necessary to provide the water that would be piped to To’Hajiilee through the 8-inch line. But it is reasonable to assume the upgrade would enhance the ultimate value of WALH’s land holdings.

Second, this is a no-net-cost project for the water authority. The Navajo Nation says it will ensure the necessary water rights and will pay the roughly $6 million cost of constructing the line.

Third, the other two land holders whose property would be traversed by the line have a different view than WALH, Ivey-Soto and the task force when it comes to the easements.

One already has reached an agreement. A second, Sunset Ranch Partners, had this response to the same $4,200-per-acre presented to WALH: “Sunset Ranch Partners understand the importance of a potable reliable water source” for To’Hajiilee. “The price for the easement seems to be reasonable.” It went on to say other details including alignment and drainage issues needed to be worked out. Importantly, that would happen in the context that, “the pandemic has accelerated the need for clean water to those To’Hajiilee residents, and we want to work as quickly and efficiently as possible.”

That would appear to leave the WALH easement as the final obstacle.

And unfortunately, it appears it’s a big one. WALH on Oct. 23 sent a three-page letter with no offer/counteroffer that was long on WALH’s property rights and desire to cooperate and short on any urgency related to the pandemic connection. Things could come to a head Monday, when Quezada has scheduled a task force meeting in the morning with a commission meeting to follow later in the day. That could make for fireworks, considering that Quezada appointed fellow Commissioner Charlene Pyskoty, whose district includes the East Mountains, to the task force but excluded Commissioner Debbie O’Malley, who actually represents the West Side district where the line would go. She has been critical of what she calls WALH’s intransigence and appears to favor the county moving ahead with condemnation — which the commission earlier authorized if a deal couldn’t be reached. “They have waited long enough,” she said of the people who call To’Hajiilee home. “If WALH would have shown some compassion when first asked to meet with To’hajiilee, this community would have water today.”

Unfortunately, condemnations/eminent domain court battles can drag on. And on. And on.

WALH’s attorney, former N.M. Supreme Court Justice Paul Kennedy of Albuquerque, said in the Oct. 23 letter it was interested in coming to an “equitable agreement” and that the delay was the fault of government entities involved. He adds, “members of your County Commission and the To’Hajiilee have spent their time berating and bullying my client with name calling in some misguided attempt to acquire an easement and access to water infrastructure built by my client ... without just compensation.”

If Kennedy and WALH seek a sympathy vote, they’re going to come up empty as a To’Hajiilee well.

The Navajo Tribal Council in August said five of the six wells at To’Hajiilee had failed already. The sixth has failed multiple times and could go down for the count permanently at any time. The aquifer there has high levels of corrosive solids. These residents need clean water. U.S. Sen. Martin Heinrich, D-N.M., is not exaggerating when he calls it “truly a humanitarian crisis.”

But that doesn’t mean the Navajo Nation should have to hand over $2 million of its much-needed federal relief money for a $30,000 strip of land.

The County Commission needs to make that clear. It needs to follow O’Malley’s and Morgas Baca’s lead and emphasize it will play hardball to finally get clean water to To’Hajiilee.