60-D0078-25-CP478_2025 Sole Source Request and Determination - Central Curry SWCD - Signed Sep 16, 2025.pdf.PDF

2021 Sole Source Form initially on November 25, 2020. Additional emails were exchanged on November 27, 2020, with a phone conversation also taking place on this date to further discuss the possibility of the TL T being the initial trust to hold conservation easements while mentoring a prospective new trust. An explanation was provided regarding the acquisition of conservation easements to conserve groundwater and thereby create a supplemental water supply for Clovis and Curry County. Ms.

Ortez shared that the TL T had no knowledge of groundwater conservation easements, as their mission was to protect the land through the acquisition of traditional conservation easements specific to property surface rights in northern New Mexico. Ms. Ortez was willing to consider mentoring a beginning trust in conservation easements but preferred to wait to make any commitment until the RCPP grant we were applying for had been awarded. We reached out to Ms. Ortez again on July 27 and August 5, 2021, to notify her that both a REPI and RCPP award had been granted, and we would welcome the opportunity to speak with her about working with the CCSWCD to implement the grants. We never received a response, although several attempts were made by more than one individual by email and/or telephone.

New Mexico Land Conservancy (NMLC)- The NMLC was also contacted to discuss their interest in being the land trust for this project. On February 9, 2021, Scott Wilber and Ron Troy of the NMLC presented a 2.5 hour virtual training session, Land Trust 101, to an audience of 38 participants, including representatives from the City of Clovis; Curry County; ENMWUA;

CCSWCD; NMACD; Cannon AFB; and Berg, Hill, Greenleaf, and Ruscitti (BHGR).

(https:/ /www.facebook.com/currycountynm/videos/223252522792210).

The NMLC, a statewide land trust, discussed what conservation easements were along with the NMLC' s qualifications, experience, and accomplishments to place land in conservation easements.

Discussion regarding what the NMLC could bring to the table as a service provider for the pending CCSWCD contract ensued, and questions were posed specifically focusing on the NMLC's familiarity and experience with groundwater conservation easements. The NMLC had no expertise in this area, especially as it regards securing groundwater for municipal use. The NMLC provided an overview of all their past and existing projects, and they explicitly discussed what it would merit the CCSWCD to contract with the NMLC or another existing land trust versus creating a new land trust. Yet, none of the projects they had engaged in sought to protect or preserve groundwater to provide a water supply to a community. The NMLC's focus to conserve the land and its natural resources in perpetuity only addressed water rights as riparian, and they were inexperienced in the unique aspects of our REPI proposal. Prior to the training meeting in February 2021, several contacts and conversations were held with the NMLC to discuss the future vision of this project, and this history was acknowledged by the NMLC. On February 24, 26, �nd 27, and March 2, additional email communications occurred between the DoD, the REPI ProJect Manager, and Ron Troy, with a Zoom meeting being held with all parties on February 27_, 2021. On �pril �8, 2021, the REPI Project Manager followed up again with the NMLC to engage m further discuss10n.

Although the CCSWCD, the project manager for the DoD REPI project, and Pete: Nichol�, t�e attorney who was hired by Curry County to establish a new local land trust due to_ his expe1tise _m water rights and water conservation easements, attended the NMLC presentat10n, along with researching other land trusts, they still determined that a new land trust �ould need �o �e forme? to meet the specific and unique needs of this contract. On May 4,_2021, _durmg a commiss10n meetmg, one Curry County commissioner moved to continue convers�t10ns_w1th_the NMLC as the land trust to lead the REPI and RCPP projects for Cannon AFB, but his motion died for the lack of a second.

Later, a report to the Curry County Commissio? �n May_ 18, 2021, noted that a Ian� and water development committee appointed by the Commission, which the CCSWCD was a votmg member

2021 Sole Source Form of, would likewise determine if they would consider the NMLC as the conservancy needed to complete the REPI and RCPP projects. On June 12, 2021, the chairman for the land and water development committee notified the Curry County Commission that they had determined to forego the NMLC and decided to seek services elsewhere.

The Conservation Fund - The project manager for the Cannon AFB REPI project reached out to Mike Ford of The Conservation Fund via email to determine if any land trusts existed that negotiated groundwater conservation easements, and, if not, if they were aware of any entities of this nature that existed. Mike Ford shared that The Conservation Fund had never engaged in an effort like our REPI project or the project that CCSWCD was proposing and had no knowledge of any land and water trusts that dealt directly with groundwater conservation easements focused on securing a water supply. On May 14, 2021, a series of threaded email communications were also shared with Mike Ford, dating back from February 27 through May 14, 2021, to ensure that he had a good grasp of ongoing conversations and could provide even more feedback regarding next steps to consider.

Texas Agricultural Land Trust (T ALT) - Multiple contacts were made with Chad Ellis, CEO of TALT on August 16, 23, 24, and 26 of 2021. On August 26, 2021, Chad Ellis also introduced the OL WC Board of Directors via email to Billy Van Pelt of American Farmland Trust who is partnering with TALT. Chad Ellis, CEO of TAL T was invited to present at a Zoom meeting with the OLWC Board members on August 25, 2021, to discuss the possibility of being a mentoring land trust to the newly organized OL WC given that all newly formed land trusts must have a partnering land trust until they have successfully completed 10 acquisitions. T ALT is currently providing mentoring services to the OL WC, and these two trusts are in ongoing conversations regarding the executing of the conservation easements.

Palmer Land Conservancy (PLC) - The CCSWCD and the OL WC also reached out to Rebecca Jewett, President and Chief Executive Officer of the Palmer Land Conservancy, on August 17, 19, and 24 via email; a Zoom meeting was held on August 25, 2021, to discuss the possibility of the PLC becoming the partnering land trust for the OL WC. Palmer Land Conservancy voiced their willingness to assist the OL WC if another partnering trust could not be located.

Internet Search & Review: Our Internet search and review of available land trusts in New Mexico included the following:

The Land Trust Alliance provided the beginning point for our Internet research and review, as it provides links and an overview to 23 land trusts/conservancies operating locally, s�atewide, or nationally to serve New Mexico. In addition to the Taos Land Trust and the NMLC, which we m�de direct contact with, we conducted an online review of at least four additional trusts/conservancies and conducted a basic review of the remaining 17 trusts/conservancies. The sole focus of the Santa Fe Conservation Land Trust resides in northern New Mexico to preserve open land in and around their communities through land conservation easement transactions focused on protecting cultur�lly and environmentally significant landscapes. This trust does not engage in gro�ndwater conserv�t10n easements to secure water for a water supply. The Forest Trust solely exists to prote�t p_nvate forests and range lands through conservation easements, land acquisitions, and !he apphcati�n of environmentally sound management; protecting working forests and lands adJacent to national forests are the program priorities. The Rio Grande Agricultural �and Trust. (RGAL T) works directly with five counties in New Mexico: Sandoval, Bernalillo, Valencia, �ocorro,. and Sierra. They seek to complete easement transactions of riparian habitat and farmland m the Mid?le Rio Grande. Their focus is not conserving groundwater to create a water supply for a commumty •