Letter to Clovis Mayor & Commissioners

September 24, 2024

Dear Mayor and Commissioners:

Pursuant to Commissioner Tarson’s request please accept this letter and accompanying documentation concerning the ENMWUA Pipeline.

Between 2005 and 2022 the ENMWUA Pipeline based its design and funding model on a 2005 water quality test of Ute Lake that showed the lake water could be treated by conventional methods. In June 2022 a cost analysis ENMWUA estimated that the water treatment plant would cost $203.4 million. (See page 3 of attached capital cost estimate)

In late 2022 Jacobs Engineering did a new series of water tests that showed that the water quality of the lake had deteriorated substantially. Total dissolved solids were measured at I, 120 mg/L which is over double what the EPA will allow, 500 mg/L. Alkalinity and chloride also increased substantially. In addition significant amounts of PFAS chemicals were detected. Jacobs did a treatment plant alternatives analysis and it was determined that instead of a conventional treatment approach the water would need to be treated with a microfiltration/reverse osmosis system. (See attached ENMWUA Treatment Plant Alternative Analysis)

The analysis estimated the cost of this system at $407.5 million. (See Analysis Alternative 2A) The analysis states that the cost estimate is a “Class 4” which means that its accuracy is within -30% to +50%. (See Analysis page 23) As a result the treatment plant could cost more than $600 million dollars. Mayor Morris admits that ENMWUA does not currently have a design for the treatment plant nor any funding. ENMWUA is not sure that the proposed design will work. It is in the process of designing a mini pilot treatment plant at Ute Lake to determine what it will take to make the water drinkable.

As I am sure you are aware EPCOR has a multi-decade franchise agreement to provide water to Clovis. Although ENMWUA is spending over a billion dollars on the pipeline it does not have an agreement with EPCOR to buy the water. The importance of such an agreement is demonstrated by the estimated wholesale water prices of finished pipeline water. On page 27 of the analysis Jacobs estimates that the wholesale cost of water to third parties like EPCOR under alternative 2A will be $4.78 per LOOO gallons. That assumes that the treatment plant only costs $407.5 million. EPCOR is currently paying the City of Clovis and local landowners approximately $1.05 wholesale for LOOO gallons of water. (See attached 2022 EPCOR lease) What makes anyone think that EPCOR would buy water for $4.78 from the pipeline when it has agreement in place to buy water from local farmers for quarter(¼) that price?

In addition the Ogallala Land & Water Conservancy, which Clovis is a member, has for the past three years been exploring the purchase of ground water northwest of Clovis. The Conservancy has determined that it can purchase groundwater within the 2.4 million acres of the Eastern New Mexico Sentinel Landscape for as little as 45 cents per 1000 gallons.Why would you as Clovis City Commissioner pursue a water project where the estimated water cost for Ute Lake water is over 400% higher than what you can purchase groundwater?

In addition to the exorbitant costs there are two aspects of this new treatment plant that we believe should be very concerning to Clovis. The new treatment plant calls for four (4), 6000 foot deep injection wells and is proposed to be powered by wind turbines.

Reverse osmosis treatment results in a substantial amount of waste water that must be disposed of. The analysis estimates as much as 7% of the water pumped from the lake will wasted. We believe that is a substantial under estimate of the amount of waste water but for current purposes we assume that is correct. 7% waste will result in the disposal of 1.5 million gallons of brine water a day, pumped into the injection wells. (See Analysis page 10) This is highly contaminated water that is going to be pumped into the ground below the Ogallala Aquifer. We believe that this approach poses an unnecessary risk of contamination of thousands of acres of ground water in northern Curry County.

Since my time as Curry County Attorney the single most important issue that the Air Force is concerned with is aerial encroachment along the Cannon flight path. The Alternative 2A adopted by ENMWUA call for the construction of windmills to power the treatment plant. (See Analysis page 34) Although the conclusion on page 34 states it will be powered by “renewable energy” the Alternative 2A cost estimates includes $ I 0.6 million for “Wind Turbine”.

I think we can all agree that the purpose of ENMWUA is to solve Curry County’s water problem thereby ensuring the continued presents of Cannon Air Force Base for decades to come. Yet the plan adopted by ENMWU A not only risks contamination of the water you do have, but risks the continued viability of Cannon by building wind turbines in Cannon’s flight path.

Yours Very Truly,

Warren Frost 

Attorney for Quay County

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