Milan reluctant to export its water

Tom Purdom
Staff Writer

MILAN — Board of trustees members here tabled a developer's request to run a six-inch water line to two subdivisions outside the village limits.

Nailman LTD., Co., an Albuquerque builder, asked the board to extend a six-inch water line to Valle Verde Estates and Elizabeth Marie Estates so homes can be built and sold. Richard Biery, manager of Nailman, made the request. Biery said the lots are one acre in size, but when asked how many lots are available, he did not know.

Former Planning and Zoning Commission board member Larry Carver told Village Manager Carlos Montoya the area in question is about a half of a section in size, so there could be about 300 homes the village would have to supply water to outside the village limits. He said the village planning and zoning approved the subdivision back in the 1970s when people could drill water wells and put in septic tanks. The situation changed drastically when major water table contamination was discovered more than 10 years ago from the Homestake Mine in the same area. The Environmental Protection Agency has since recommended that no one drill a water well in the area. Carver said homeowners have few options. They can either get on the village water system or they can drill a costly, deep well.

"As you know this is outside the village limits," Montoya told the board of trustees. "They are asking to tap into our water system and as you know, water is a precious commodity here in the Southwest."

Montoya said an ordinance which requires the village to supply water to homes outside the village limits does not exist.

"The decision is yours," Montoya told the board.

Trustee Vivian Brumbelow said she was concerned about providing the water.

"Does Nailman own the lots?" Mayor Tom Ortega asked Biery.

"No," Biery responded.

Trustee Dominic Vigil asked if a plan for the subdivision existed. Biery said the lots are in an existing subdivision which was approved several years ago. "We are in negotiations with Toby Michaels on it," Biery said.

Village Attorney Steven Chavez said several questions come to mind. "By agreeing today, what are you agreeing to?" Chavez said. "Are you agreeing to provide water to each phase, or are you agreeing to provide water to the first phase?"

Apparently, the subdivision was approved, but never actually built. Biery said the subdivision would be built in phases, the first of which would be Valle Verde Estates.

"There is certain liability you are opening yourselves up to," Chavez said.

Chavez said he would like time to review the situation before making further comment on it.

Mayor Ortega asked County Manager David Ulibarri, who was at the meeting, if he had any thoughts on the matter. Ulibarri said as far as he knows, the matter has not come before the county planning and zoning commission. "I'd be curious to know when the subdivision was approved, and is it being carried out as it was approved?" Ulibarri said.

Biery said the village water is already in the area and all he is asking for is to extend the water line another 800 feet.

Vigil questioned what the subdivision would do to village water supplies. "Are we allowing county residents to have more water than village residents and what would we do if we came into a catastrophe down the line?" Vigil asked. "Our first and foremost action would be to the village citizens and not any outlying area."

Vigil suggested that Biery talk to his people to see if they might want to be annexed into the village limits, which might me another avenue to consider. Vigil motioned to table the matter until Chavez has ample time to review the case. Brumbelow seconded the motion. The board voted 4-0 to table the request.

In other matters the board:

• Appointed Ethel Eagan to be the village's representative on the Cibola County Illegal Dumping Prevention and Cleanup Task Force.
• Approved a $148,170 cash transfer from the Debt Service Fund into the General Fund.
• Approved trimming the village planning and zoning commission board from seven members to five members. The old board used to have two members on it who did not live inside the village limits. The new board will have five members, all of them village of Milan residents.