Curry County concerned with city water trust agreement

If the city of Clovis and Curry County contract for participation in a land and water trust on different terms, disagreements could render the agreement null and void, County Attorney Stephen Doerr told the county commission on Tuesday.

The land and water trust, created by a contract between the Curry County Soil and Water Conservation District and the city, the county and Cannon Air Force Base is designed to assure that water purchased or reserved for the city, county and Cannon is kept available to the purchasers.

County commissioners expressed displeasure Tuesday that the Clovis city commission last Thursday had agreed to the contract on terms different from those the county agreed to earlier.

District 4 County Commissioner Seth Martin said he was disappointed that the Clovis commission had agreed to be able to leave the agreement without providing a reason, but with 30 days notice. The county, he said, had agreed that it must provide a reason for leaving.

Martin was also concerned that the city did not commit firmly to three years of paying $150,000 per year to remain in the land and water trust, but had decided on agreeing to a year-by-year assessment for up to three years.

If the city decides it will not pay the $150,000 in one year, Doerr said, it could threaten the contract for all parties.

On Tuesday, the county commission agreed to go with the contract it had signed, but with minor changes suggested by Max Best, the attorney for the soil conservation district, leaving the differences with the city for later action as the land trust develops.

The county commission also on Tuesday made no decision on whether to enact its own regulations on the sale and consumption of marijuana. If the county does not act, it would be subject to control of the cannabis business by state regulations, Doerr said.

He alerted the commission that the county has until Sept. 1 to develop its own regulations.

Commissioner Chet Spear asked whether the county could impose its own excise tax on marijuana products. Doerr said it is unclear.

Doerr noted that neighboring Quay, De Baca and Guadalupe counties had decided they would adopt state regulations.

In other matters, the commission:

• Adjusted budgets to account for more than $4.7 million in federal Rescue Act funds received in June, representing half of $9 million the county is expecting in rescue act funding this year, County Manager Lance Pyle said. The funds are designed to compensate for losses and extra costs due to the COVID-19 pandemic.

• Decided to dedicate to the county Roads Department interest payments received from banking Rescue Act funds for road maintenance and repairs.