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Open Meeting Violations Denied -- Talks Discussed Water Settlement
Posted by
Steve Cone
on 6:06 AM April 13, 2004.
The Albuquerque Journal
Open Meeting Violation Denied
Talks Discussed Water Settlement
By The Associated Press
Apr 13, 2004, 07:41 am
FARMINGTON (AP) ó The chairman of the Interstate Stream Commission said Monday a meeting to discuss a proposed water rights settlement in northwestern New Mexico did not violate the state Open Meetings Act.
ìWe didnít violate anybodyís public trust and we didnít violate any Open Meetings Act,î said Jim Dunlap of Farmington, who organized the April 1 meeting here along with commission member John Whipple.
Bob Johnson, executive director of the New Mexico Foundation for Open Government, contends the meeting went against the spirit of open government.
Organizers stayed within technical bounds of the state Open Meetings Act if none of the groups attending had enough members present for a quorum, Johnson said. But even so, the meeting violated reasonable public policy, he said.
The meeting was called to discuss a proposed Navajo Nation water rights settlement on the San Juan Basin and a forthcoming proposed draft, according to the confidentiality statement signed by those who attended the invitation-only meeting.
Participants included Farmington, Aztec and Bloomfield city officials and their attorneys, members of the San Juan Water Commission, San Juan Agricultural Water Users Association and the Bloomfield Irrigation District.
Johnson criticized organizers for requiring confidentiality oaths.
ìItís arrogant, itís secretive and shows absolute contempt for the public, especially the Navajo public,î he said.
Dunlap said the federal government wanted the discussions kept confidential.
No one was forced to sign the confidentiality statement, but were told the ìif they didnít sign we couldnít discuss it with them because thatís the agreement we had with the federal government,î he said.
Dunlap said the idea behind the meeting was to ìbring in people who had made valid comments on the settlement so we could discuss with them where weíre going and what weíre trying to do to answer those valid complaints.î
The settlement could resolve Navajo Nation claims for San Juan River water.
Since the draft of the settlement is being discussed, ìit wouldnít be fair to the Navajo tribe or anyone elseî to make public whatís in it now, Dunlap said.
San Juan association president Mike Sullivan said confidentiality remains in effect until the draft comes out in three weeks.
ìThere was discussion of the same old issues,î he said. ìThere wasnít anything new out of it.î
Whipple said last month that much of the work on the proposed draft was being done behind the scenes in small private meetings and conference calls.
Johnson last month complained that Interstate Stream Commissioners violated the Open Meetings Act during a closed meeting to solidify support for the proposal.
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