Las Cruces Public Schools board asked to transfer 32.12 surface water acre-feet to City of Las Cruces

District staff asked the finance subcommittee Oct. 23 to approve transferring 32.12 surface water acre-feet to the City of Las Cruces as settlement of an earlier in-lieu payment tied to utility construction at the Field of Dreams sports complex.

Travis (last name not specified in the transcript) summarized the history: the district proposed the transfer in 2000 as payment for utility construction estimated then at $87,388.48; the city accepted the proposal by resolution in November 2000; multiple delays and administrative issues delayed final transfer. "On 03/21/2025, LCPS and City of Las Cruces reached an agreement to maintain the 32.12 surface water rights acres offer agreed upon back in 02/2012," he said. Staff confirmed the transfer has not yet been completed with Elephant Butte Irrigation District (EBID).

Staff outlined the next steps: subcommittee approval to place the transfer on the board consent agenda, filing the application with EBID for its board review and approval, and then the City of Las Cruces completing any remaining applications or actions required to effect the transfer. Legal counsel said the district drafted a settlement and transfer agreement that would memorialize the city's acceptance and release the district from further claim once the water-rights conveyance is complete. "The resolution permits superintendent Ruiz to complete that negotiation on behalf of the board without having to return it to the board again if the city council makes changes," counsel said.

Board members asked practical questions — where the parcels are located (near the Field of Dreams), whether the district currently uses EBID water rights (staff said the district is not using the surface water rights and usually sells excess rights back to local farmers) and how "acre-feet" varies year to year based on runoff. Counsel and staff explained that "acre-feet" equates to one foot of water spread over one acre and that actual water allocations can be less in low-runoff years (for example, a partial allocation such as several inches per acre).

Staff said the action would not transfer all district water rights; the district holds about 68 surface-water allotments and would be transferring 32.12 of them. The subcommittee recommended placing the transfer on the board consent agenda so EBID and the city can complete required approvals.