2026 BDD Shared Pool Packet - signed

Extracted text

MEMO
Date: 7/13/2026
To: Public Works and Public Utilities Committee
Finance Committee
Governing Body
From: Jesse Roach, Interim Public Utilities Department Director
ITEM:
Amended and Restated BDD Shared Pool Agreement
BACKGROUND:
In 2021 the City of Santa Fe (City) and Santa Fe County (County) each agreed to a Buckman Direct
Diversion (BDD) Shared Pool Agreement (Shared Pool Agreement) to make more efficient use of
available water resources by making excess County native water rights in a given year available to
the City, in exchange for potential use of some amount of that water by the County in a future year.
Since 2021, the Shared Pool Agreement has resulted in an average of around 700 AF per year of
extra water available to the City, and a current balance of approximately 1000 AF of City water
available to the County in the event of supply disruption at BDD.
A version of the 2021 Shared Pool Agreement signed by both the City and County was not recorded
with either Clerk. As a result of this, and desiring to clarify the agreement, the City and County
approved an updated Shared Pool Agreement in 2024. Having now completed five years of Shared
Pool accounting, the City and County wish to amend the 2024 Shared Pool Agreement to clarify
certain provisions regarding accounting of credit balances and costs. For clarity, the 2026 Shared
Pool Agreement amends and restates in its entirety the 2024 Shared Pool Agreement. This packet
includes the proposed Amended and Restated BDD Shared Pool Agreement as well as a redline
showing changes from the 2024 Shared Pool Agreement.
REQUEST:
Governing Body review and approval of the Amended and Restated BDD Shared Pool Agreement.

1
AMENDED AND RESTATED BUCKMAN
DIRECT DIVERSION (“BDD”) SHARED
POOL AGREEMENT
This BDD Shared Pool Agreement (“Agreement”) is between Santa Fe County
(“County”), a political subdivision of the State of New Mexico, and the City of Santa Fe
(“City”), a New Mexico home-rule municipality (together the “Parties”).
Recitals
A. The County and the City are partners in the BDD pursuant to a Joint Powers Agreement
("JPA") executed on March 7, 2005.
B. The County and City also executed a Water Resources Agreement on January 11, 2005,
and an Amended and Restated Water Resources Agreement on December 14, 2016, (“WRA”) to
address utility-to-utility issues.
C. The City and County entered into a Buckman Shared Pool Agreement on March 12,
2024 (the “2024 Agreement”), to make more efficient use of the Parties’ respective available
resources by making currently excess County native water rights available to the City and by
making additional City system capacity and water sources available to the County through
creation of a BDD Shared Pool. By creation of the BDD Shared Pool, the City will gain access
to additional native supply, the County will gain additional back-up and sources of supply when
the BDD is not in operation, and both parties will achieve greater flexibility in BDD operations.
D. The City and County wish to amend the 2024 Agreement to clarify certain provisions
regarding accounting of credit balances and costs.
E. This 2026 agreement amends and restates in its entirety the 2024 Agreement.
Agreement
1. Establishment of the BDD Shared Pool. The BDD Shared Pool is hereby created as an
accounting pool of water within the BDD that will allow the City, through its Water Division
Director, to use additional County native water rights and allow the County, through its Utilities
Division Director, to deposit and bank water for later use at times when BDD production is
restricted or shut down either for unplanned or uncontrollable reasons, or because of
discretionary operational shutdowns of the BDD, as described in Paragraph 3 below. The
maximum quantity balance of water credited at any time in the BDD Shared Pool is limited to
1,100 acre-feet (AF), unless the Parties agree in writing to a larger amount. Operation of the
BDD Shared Pool is separate from and does not affect the Parties’ current practice of joint use of
native and San Juan-Chama Project water pursuant to Optimized Annual Water Rights
Accounting as described in the BDD Annual Operating Plan.
2. Deposits into the BDD Shared Pool. The City and County will continue to work
together to optimize water right utilization as part of annual water operations planning. Each
year the BDD will divert for delivery to the City a minimum of 167 AF of County native water,

2
subject to the following conditions and limitations:
a. To account for typical unaccounted water losses, 90% of the amount of water
diverted will be credited to the County and deposited in the BDD Shared Pool. For
example, diversion of 167 AF will result in a deposit of 150 AF.
b. The quantity diverted may not exceed the quantity made available by the County for
that year.
c. Once the BDD Shared Pool is at its limit of 1,100 AF, no additional deposits may be
credited without written approval by the Parties through their respective Division
Directors.
d. When hydrological conditions reasonably preclude diversion of the minimum of 167
AF during a given year, the quantity diverted and the corresponding amount
deposited will be based on the actual amount diverted that year.
3. Withdrawals and Deliveries from the BDD Shared Pool. The County may withdraw
water credits from the BDD Shared Pool and the City shall deliver water from the City’s
Independent Water System, as defined in the WRA, to the County’s requested Points of
Delivery, as described in Paragraph 9 of the WRA, under the following terms and conditions:
a. Discretionary Shutdowns. When the City as BDD operator chooses to temporarily
shut down the BDD for a discretionary reason, such as for operational efficiency or
for system-wide cost savings, the rate of exchange of BDD Shared Pool water credits
withdrawn to the quantity of water delivered from the City to the County shall be 1.0
to 1.0, meaning that for every AF delivered by the City to the County, the County’s
credit balance will be reduced by one AF. Discretionary shutdowns are characterized
by a fully functional BDD that could be diverting and treating water throughout. The
City may implement a discretionary shutdown of the BDD with a minimum of 3 days
written notice to the County. Discretionary shutdowns shall not result in a debit to
the BDD Shared Pool in excess of 150 AF per year, shall not result in a negative
balance to the BDD Shared Pool, and must be timed and made at a sufficient flow
rate so that all County demand otherwise supplied by the BDD will be met by the
City from other City sources. A shutdown will be deemed discretionary at any river
turbidity if the BDD is functional, and the County has sufficient water credits in the
BDD Shared Pool at the end of the prior year to cover deliveries from the City.
b. Non-Discretionary Shutdowns. When BDD production is restricted or shut down
completely for any other reason, the rate of exchange of BDD Shared Pool water
credits withdrawn to the quantity of water delivered by the City to the County shall
be 1.1 to 1.0. In other words, for every AF of water that the City delivers to the
County, the County’s credit balance will be reduced by 1.1 AF. The Parties
acknowledge that this exchange rate appropriately reflects that the City’s water
stored in Abiquiu Reservoir pursuant to an agreement with the Albuquerque
Bernalillo Water Utility Authority is a component of City back-up supply and is
subject to a reduction of 10% of the amount stored for rights to such storage. In any
calendar year, the City may limit withdrawal from the BDD Shared Pool to 550 AF
and the associated delivery of City water to the County to 500 AF if delivery greater
than that would result in more than 6,000 AF of groundwater use by the City. The
City will exercise reasonable due diligence to make deliveries to the County at the
greatest rate practicable, but the rate may be limited to no more than 1 million

3
gallons per day during a Non-Discretionary shutdown.
c. BDD Standard Operations Procedure (SOP) during high turbidity. While this
agreement covers BDD Shared Pool accounting specifically, a related issue is how
BDD operates as a function of river turbidity and availability of backup water
sources to the County. An SOP defining BDD operations as a function of these
parameters will be developed by BDD staff with City and County input. This SOP
will be formalized by inclusion in the BDD Annual Operating Plan as approved by
the BDD Board.
4. Accounting of Credit Balance. The Parties shall calculate and maintain an annual running
balance (“Annual Water Rights Balance”) of the quantity of County water credits available for deposit
to or withdrawal from the BDD Shared Pool. The County’s Annual Water Rights Balance shall start at zero
each calendar year and be increased by the quantity of County water rights diverted for the City
and reduced by the amount of City water rights diverted for the County during the calendar year.
At the end of each calendar year, the Annual Water Rights Balance, if positive, shall be the amount
available for deposit to the BDD Shared Pool (subject to conditions in Section 2); if the Annual
Water Rights Balance is negative at the end of the calendar year, that amount shall be withdrawn
from the BDD Shared Pool. Water deliveries from the City’s Independent Water System are
accounted separately from the Annual Water Rights Balance deposit or withdrawal process. See
Appendix A. After all deposits and withdrawals are calculated at the end of each calendar year and
added to the prior year’s carryover balance, the County’s BDD Shared Pool balance will be reduced
by 10% to reflect evaporative losses of City water in the Abiquiu Reservoir. Upon request by the
County, the City at its sole discretion may approve a temporary negative balance. BDD Shared
Pool balances shall be carried over to the next year. The Parties will direct BDD staff to administer
the BDD Shared Pool based on monthly diversion and use accounting of BDD water. The initial
amount of water deposited into the BDD Shared Pool and credited to the County may include, with
written approval of both Parties through their respective Division Directors, any prior remaining
balance of the County native water diverted by the BDD pursuant to Optimized Annual Water
Rights Accounting.
5. Cost Accounting and Billing.
a. City Costs. The City will pay all costs associated with diversion, pumping and
treatment of County native water delivered by the BDD to the City under this
Agreement.
b. County Costs. For water the County receives from the City under this Agreement, the
County will pay the City at a rate equal to the variable cost of BDD water paid by the
County during the same fiscal year in which the BDD Shared Pool water is delivered.
For example, during fiscal year 2018-2019, the County paid $402,354 in variable
operating costs (electricity, chemicals, and solids) at BDD for 1,393 AF of treated
water, representing a variable cost of $288.89 per AF. This rate would have been
charged for any BDD Shared Pool water delivered that year. Because that rate will
not be available until after final BDD invoicing for the fiscal year, the City can bill
during the fiscal year using the variable cost of BDD water to the County during the
previous fiscal year, with final reconciliation occurring after final BDD invoicing. In
addition, for BDD Shared Pool water delivered by the City to the County during BDD

4
shutdowns, the County will pay the City for wheeling the water through the City
system based on the charges specified in the 2024 Wheeling Agreement, or the most
current wheeling agreement between the City and County. If during a Non-
Discretionary BDD shutdown the County expends all water credits and reaches a zero
balance in the BDD Shared Pool and the City does not approve a temporary negative
balance as described in Paragraph 4, any additional County use of City water will be
billed at the then-current agreed upon wholesale and wheeling charges.
6. WRA Unaffected. This Agreement does not amend or affect the terms and conditions of
the WRA. In particular, delivery by the City of water to the County from the BDD Shared Pool is
separate from and does not affect the County’s right to Wholesale Water Delivery from the City
under Paragraph 3 of the WRA.
7. Term.
a. This Agreement shall be effective on the date of the latest signature below and
shall continue thereafter unless terminated pursuant to Paragraph 7(b) below.
b. Either Party may terminate this Agreement for any reason by giving 60 day’s
written notice of termination to the other Party. If terminated, the BDD Shared Pool balance if
any, will be continue to be available for use by the County during BDD shutdowns, consistent
with the terms and conditions of this Agreement, until the balance has been fully utilized.
8. Amendment. This Agreement may be modified only by a written amendment signed by
the Parties.
9. Dispute Resolution. The City and County agree to mediate disputes consistent with the
Mediation Procedures Act, NMSA 1978, Section 44-7B-1 through 44-7B-6, prior to initiating
any litigation, to resolve any conflicts arising under this Agreement, the expenses of which shall
be shared equally by the City and County. Disputes shall be first discussed by representatives of
each party. Such representatives shall use their best efforts to amicably and promptly resolve the
dispute. If the parties are unable to resolve the dispute through informal mechanisms or
mediation within 90 days of the occurrence of the event or circumstances giving rise to the
dispute, either party may give notice to the other party that the aggrieved party intends to litigate
the dispute. Any dispute requiring notice shall be reported to the next meeting of the respective
City and County governing bodies.
10. Entire Agreement. This Agreement contains the entire agreement between the City and
County with regard to the matters set forth herein.
11. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the
Parties and their respective representatives, successors, and assigns.
12. Law. The laws of the State of New Mexico shall govern this Agreement
13. Notices. Any notice, demand, request, or information authorized or related to this
Agreement shall be deemed to have been given if mailed (return receipt requested), hand
delivered or faxed as follows:

5
To the City:
Water Division Director
City of Santa Fe
PO Box 909
Santa Fe, NM 87501
Phone: 955-4309
Fax: 955-4352
With a copy to:
City Manager City of Santa Fe
PO Box 909
Santa Fe, NM 87501
Phone: (505) 955-6509
Fax: (505) 955-6683
City Attorney City of Santa Fe
PO Box 909
Santa Fe, NM 87501
Phone: (505) 955-6511
Fax: (505) 955-6748

6
To the County:
Utilities Division Director
Santa Fe County
PO Box 276
Santa Fe, N.M. 87504-0276
Phone: (505) 992-9870
Fax: (505) 992-3028
With a copy to:
County Manager
Santa Fe County
PO Box 276
Santa Fe, N.M. 87504-0276
Phone: (505) 986-6200
Fax: (505) 986-2740
County Attorney
Santa Fe County
PO Box 276
Santa Fe, NM 87504-0276
Phone: (505) 986-6279
Fax: (505) 986-6362
a. Notice shall be deemed to have been given based upon the method of delivery, as
follows: notices sent by facsimile or hand delivered shall be deemed given on the date of
delivery, as evidenced, with respect to facsimile delivery, by a printout showing successful
transmission of all pages included in the notice; notices sent by mail shall be deemed given three
business days after the notice is mailed with postage prepaid.
b. A Party may change the persons to whom or addresses or fax numbers at which
notice shall be given by giving all other Parties and the Authority notice of the change in
accordance with this Article.

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IN WITNESS WHEREOF, each of the City of Santa Fe, New Mexico, and the County of
Santa Fe, New Mexico, has caused this Agreement to be executed and delivered by its duly
authorized representatives as of the date specified below.
CITY OF SANTA FE
Michael Garcia, Mayor Date
Attestation:
Geralyn Cardenas, City Clerk Date
Approved as to form:
Marcos D. Martinez, City Attorney Date
Approved as to Finance:
Monica Maestas, Finance Director DateJul 14, 2026

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SANTA FE COUNTY
Gregory S. Shaffer Date
Santa Fe County Manager
Approved as to form:
Walker Boyd Date
Santa Fe County Attorney

9
BUCKMAN DIRECT DIVERSION BOARD
Agreement Acknowledged by the
Buckman Direct Diversion Board
By:___________________________________ ___________________
Date

APPENDIX A
TO AMENDED AND RESTATED BDD SHARED POOL AGREEMENT
Shared Pool Accounting for 2025
2025 Shared Pool Accounting AF
1. "Annual Water Rights" Ending Balance (see figure below) 436.1
2. Section 2.a Deposit to Shared Pool (#1 minus 10% UAW) 392.5
3. Section 3.a Withdrawals, discretionary shutdown 0.0
4. 'Section 3.b Withdrawals, non-discretionary shutdown* -22.5
5. Net Available for deposit (+) or withdrawal (-) (#2 + #3 + #4) 370.0
6. Carryover from 2024 1,100.0
7. County water credit balance, Dec. 31 (#5 + #6)) 1,470.0
8. Section 4 evaporative losses (#7 * -10%) -147.0
9. Potential carryover (#7 + #8) 1,323.0
10. Carryover to 2026 (lesser of 1,100 and #9) 1,100.0
*4 days of non-discretionary shutdown in August. Volume of use 20.1 AF * 1.1 withdrawal ratio for non-discretionary shutdowns
436.1
-400
-200
0
200
400
600
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
acre-feet
2025 BDD Annual Water Rights Accounting
Credits (City diversion of County rights)
Debits (County diversion of City SJC water rights)
Annual Water Rights Balance (end of month)
County
owes City
City owes
County

Agreement No. 2024-0198-PW
1
AMENDED AND RESTATED BUCKMAN
DIRECT DIVERSION (“BDD”) SHARED
POOL AGREEMENT
This BDD Shared Pool Agreement (“Agreement”) is between Santa Fe County
(“County”), a political subdivision of the State of New Mexico, and the City of Santa Fe
(“City”), a New Mexico home-rule municipality (together the “Parties”).
Recitals
A. The County and the City are partners in the BDD pursuant to a Joint Powers Agreement
("JPA") executed on March 7, 2005.
B. The County and City also executed a Water Resources Agreement on January 11, 2005,
and an Amended and Restated Water Resources Agreement on December 14, 2016, (“WRA”) to
address utility-to-utility issues.
C. The City and County entered into a Buckman Shared Pool Agreement on March 12,
2024 (the “2024 Agreement”), The purpose of this Agreement is to make more efficient use of
the Parties’ respective available resources by making currently excess County native water
rights available to the City and by making additional City system capacity and water sources
available to the County through creation of a BDD Shared Pool. By creation of the BDD Shared
Pool, the City will gain access to additional native supply, the County will gain additional back-
up and sources of supply when the BDD is not in operation, and both parties will achieve greater
flexibility in BDD operations.
D. The City and County wish to amend the 2024 Agreement to clarify certain provisions
regarding accounting of credit balances and costs.
E. This 2026 agreement amends and restates replaces in its entirety a previous Shared Pool
Agreement executed by the County and City in March of 2024the 2024 Agreement.
Agreement
1. Establishment of the BDD Shared Pool. The BDD Shared Pool is hereby created as an
accounting pool of water within the BDD that will allow the City, through its Water Division
Director, to use additional County native water rights and allow the County, through its Utilities
Division Director, to deposit and bank water for later use at times when BDD production is
restricted or shut down either for unplanned or uncontrollable reasons, or because of
discretionary operational shutdowns of the BDD, as described in Paragraph 3 below. The
maximum quantity balance of water credited at any time in the BDD Shared Pool is limited to
1,100 acre-feet (AF), unless the Parties agree in writing to a larger amount. Operation of the
BDD Shared Pool is separate from and does not affect the Parties’ current practice of joint use of
native and San Juan-Chama Project water pursuant to Optimized Annual Water Rights
Accounting as described in the BDD Annual Operating Plan.

Agreement No. 2024-0198-PW
2
a. Deposits into the BDD Shared Pool. The City and County will continue to work
together to optimize water right utilization as part of annual water operations
planning . Each year the BDD will divert for delivery to the City a minimum of
167 AF of County native water, subject to the following conditions and limitations:
2.

Agreement No. 2024-0198-PW
3
To account for typical unaccounted water losses, 90% of the amount of water diverted will be credited to
the County and deposited in the BDD Shared Pool. For example, diversion of 167 AF will result in a
deposit of 150 AF.
a. To account for typical unaccounted water losses, 90% of the amount of water
diverted will be credited to the County and deposited in the BDD Shared Pool. For
example, diversion of 167 AF will result in a deposit of 150 AF.
b. The quantity diverted may not exceed the quantity made available by the County for
that year.
c. Once the BDD Shared Pool is at its limit of 1,100 AF, no additional deposits may be
credited without written approval by the Parties through their respective Division
Directors.
d. When hydrological conditions reasonably preclude diversion of the minimum of 167
AF during a given year, the quantity diverted and the corresponding amount
deposited will be based on the actual amount diverted that year.
2.3. Withdrawals and Deliveries from the BDD Shared Pool. The County may withdraw
water credits from the BDD Shared Pool and the City shall deliver water from the City’s
Independent Water System, as defined in the WRA, to the County’s requested Points of
Delivery, as described in Paragraph 9 of the WRA, under the following terms and conditions:
a. Discretionary Shutdowns. When the City as BDD operator chooses to temporarily
shut down the BDD for a discretionary reason, such as for operational efficiency or
for system-wide cost savings, the rate of exchange of BDD Shared Pool water credits
withdrawn to the quantity of water delivered from the City to the County shall be 1.0
to 1.0, meaning that for every AF delivered by the City to the County, the County’s
credit balance will be reduced by one AF. Discretionary shutdowns are characterized
by a fully functional BDD that could be diverting and treating water throughout. The
City may implement a discretionary shutdown of the BDD with a minimum of 3
day’s written notice to the County. Discretionary shutdowns shall not result in a
debit to the BDD Shared Pool in excess of 150 AF per year, shall not result in a
negative balance to the BDD Shared Pool, and must be timed and made at a
sufficient flow rate so that all County demand otherwise supplied by the BDD will be
met by the City from other City sources. A shutdown will be deemed discretionary
at any river turbidity if the BDD is functional, and the County has sufficient water
credits in the BDD Shared Pool at the end of the prior year to cover deliveries from
the City.
b. Non-Discretionary Shutdowns. When BDD production is restricted or shut down
completely for any other reason, the rate of exchange of BDD Shared Pool water
credits withdrawn to the quantity of water delivered by the City to the County shall
be 1.1 to 1.0. In other words, for every AF of water that the City delivers to the
County, the County’s credit balance will be reduced by 1.1 AF. The Parties
acknowledge that this exchange rate appropriately reflects that the City’s water
stored in Abiquiu Reservoir pursuant to an agreement with the Albuquerque
Bernalillo Water Utility Authority is a component of City back-up supply and is
subject to a one-time reduction of 10% of the amount stored for rights to such
storage. In any calendar year, the City may limit withdrawal from the BDD Shared
Pool to 550 AF and the associated delivery of City water to the County to 500 AF if

Agreement No. 2024-0198-PW
4
delivery greater than that would result in more than 6,000 AF of groundwater use by
the City. The City will exercise reasonable due diligence to make deliveries to the
County at the greatest rate practicable, but the rate may be limited to no more than 1
million gallons per day during a Non-Discretionary shutdown.
c. BDD Standard Operations Procedure (SOP) during high turbidity. While this
agreement covers BDD Shared Pool accounting specifically, a related issue is how
BDD operates as a function of river turbidity and availability of backup water
sources to the County. An SOP defining BDD operations as a function of these
parameters will be developed by BDD staff with City and County input. This SOP
will be formalized by inclusion in the BDD Annual Operating Plan as approved by
the BDD Board.
3.4. Accounting of Credit Balance. The Parties shall calculate and maintain an annual running
balance (“Annual Water Rights Balance”) of the quantity of County water credits available for deposit
to or withdrawal from the BDD Shared Pool. The County’s Annual Water Rights Balance shall start at zero
each calendar year, and be increased by the quantity of County water delivered torights diverted
for the City under Paragraph 2 and reduced by the amount of City water rights diverted forwater
delivered by the City to the County under Paragraph 3 during the calendar year. At the end of each
calendar year, the Annual Water Rights Balance, if positive, shall be the amount available for
deposit to the BDD Shared Pool (subject to conditions in Section 2); if the Annual Water Rights
Balance is negative at the end of the calendar year, that amount shall be withdrawn from the BDD
Shared Pool. Water deliveries from the City’s Independent Water System Withdrawals in
accordance with Section 3 are performedaccounted separately from the Annual Water Rights
Balance deposit or withdrawal process. See Appendix A. After all deposits and withdrawals (as per
Section 3) are calculated at the end of each calendar year and added to the prior year’s carryover
balance, the County’s BDD Shared Pool balance will be reduced by 10% to reflect evaporative
losses of City water in the Abiquiu Reservoir. Upon request by the County, the City at its sole
discretion may approve a temporary negative balance. BDD Shared Pool balances shall be carried
over to the next year. The Parties will direct BDD staff to administer the BDD Shared Pool based
on monthly diversion and use accounting of BDD water. The initial amount of water deposited into
the BDD Shared Pool and credited to the County may include, with written approval of both Parties
through their respective Division Directors, any prior remaining balance of the County native water
diverted by the BDD pursuant to Optimized Annual Water Rights Accounting.
4.5. Cost Accounting and Billing.
a. City Costs. The City will pay all costs associated with diversion, pumping and
treatment of County native water delivered by the BDD to the City under this
Agreement.
b. County Costs. For water the County receives from the City under this Agreement, the
County will pay the City at a rate equal to the variable cost of BDD water paid by the
County during the same fiscal year in which the BDD Shared Pool water is delivered.
For example, during fiscal year 2018-2019, the County paid $402,354 in variable
operating costs (electricity, chemicals, and solids) at BDD for 1,393 AF of treated
water, representing a variable cost of $288.89 per AF. This rate would have been
charged for any BDD Shared Pool water delivered that year. Because that rate will

Agreement No. 2024-0198-PW
5
not be available until after final BDD invoicing for the fiscal year, the City can bill
during the fiscal year using the variable cost of BDD water to the County during the
previous fiscal year, with final reconciliation occurring after final BDD invoicing. In
addition, for BDD Shared Pool water delivered by the City to the County during Non-
Discretionary BDD shutdowns, the County will pay the City for wheeling the water
through the City system based on the rate charges specified in the WRA2024
Wheeling Agreement, or the most current wheeling agreement between the City and
County. The County will not pay a wheeling fee for water delivered by the City
during Discretionary shutdowns. If during a Non- Discretionary BDD shutdown the
County expends all water credits and reaches a zero balance in the BDD Shared Pool
and the City does not approve a temporary negative balance as described in Paragraph
4, any additional County use of City water will be billed at the then-current agreed
upon wholesale and wheeling ratescharges.
5.6. WRA Unaffected. This Agreement does not amend or affect the terms and conditions of
the WRA. In particular, delivery by the City of water to the County from the BDD Shared Pool is
separate from and does not affect the County’s right to Wholesale Water Delivery from the City
under Paragraph 3 of the WRA.
6.7. Term.
a. This Agreement shall be effective on the date of the latest signature below and
shall continue thereafter unless terminated pursuant to Paragraph 7(b) below.
b. Either Party may terminate this Agreement for any reason by giving 60 day’s
written notice of termination to the other Party. If terminated, the BDD Shared Pool balance if
any, will be continue to be available for use by the County during BDD shutdowns, consistent
with the terms and conditions of this Agreement, until the balance has been fully utilized.
7.8. Amendment. This Agreement may be modified only by a written amendment signed by
the Parties.
8.9. Dispute Resolution. The City and County agree to mediate disputes consistent with the
Mediation Procedures Act, NMSA 1978, Section 44-7B-1 through 44-7B-6, prior to initiating
any litigation, to resolve any conflicts arising under this Agreement, the expenses of which shall
be shared equally by the City and County. Disputes shall be first discussed by representatives of
each party. Such representatives shall use their best efforts to amicably and promptly resolve the
dispute. If the parties are unable to resolve the dispute through informal mechanisms or
mediation within 90 days of the occurrence of the event or circumstances giving rise to the
dispute, either party may give notice to the other party that the aggrieved party intends to litigate
the dispute. Any dispute requiring notice shall be reported to the next meeting of the respective
City and County governing bodies.
9.10. Entire Agreement. This Agreement contains the entire agreement between the City and
County with regard to the matters set forth herein.
10.11. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the
Parties and their respective representatives, successors, and assigns.

Agreement No. 2024-0198-PW
6
11.12. Law. The laws of the State of New Mexico shall govern this Agreement
12.13. Notices. Any notice, demand, request, or information authorized or related to this
Agreement shall be deemed to have been given if mailed (return receipt requested), hand
delivered or faxed as follows:
To the City:
Water Division Director
City of Santa Fe
PO Box 909
Santa Fe, NM 87501
Phone: 955-4309
Fax: 955-4352
With a copy to:
City Manager City of Santa Fe
PO Box 909
Santa Fe, NM 87501
Phone: (505) 955-6509
Fax: (505) 955-6683
City Attorney City of Santa Fe
PO Box 909
Santa Fe, NM 87501
Phone: (505) 955-6511
Fax: (505) 955-6748

Agreement No. 2024-0198-PW
7
To the County:
Utilities Division Director
Santa Fe County
PO Box 276
Santa Fe, N.M. 87504-0276
Phone: (505) 992-9870
Fax: (505) 992-3028
With a copy to:
County Manager
Santa Fe County
PO Box 276
Santa Fe, N.M. 87504-0276
Phone: (505) 986-6200
Fax: (505) 986-2740
County Attorney
Santa Fe County
PO Box 276
Santa Fe, NM 87504-0276
Phone: (505) 986-6279
Fax: (505) 986-6362
a. Notice shall be deemed to have been given based upon the method of delivery, as
follows: notices sent by facsimile or hand delivered shall be deemed given on the date of
delivery, as evidenced, with respect to facsimile delivery, by a printout showing successful
transmission of all pages included in the notice; notices sent by mail shall be deemed given three
business days after the notice is mailed with postage prepaid.
b. A Party may change the persons to whom or addresses or fax numbers at which
notice shall be given by giving all other Parties and the Authority notice of the change in
accordance with this Article.

Agreement No. 2024-0198-PW
8
IN WITNESS WHEREOF, each of the City of Santa Fe, New Mexico, and the County of
Santa Fe, New Mexico, has caused this Agreement to be executed and delivered by its duly
authorized representatives as of the date specified below.
CITY OF SANTA FE
Alan M. WebberMichael Garcia, Mayor Date
Attestation:
Date
Printed Name: __________________Geralyn Cardenas,
City of Santa Fe Clerk
Approved as to form:
Erin K. McSherryMarcos D. Martinez, City Attorney Date
Approved as to Finance:
Emily OsterMonica Maestas, Finance Director Date

Agreement No. 2024-0198-PW
9
SANTA FE COUNTY
Gregory S. Shaffer Date
Santa Fe County Manager
Approved as to form:
Jeff YoungWalker Boyd Date
Santa Fe County Attorney
Finance Division:
Yvonne S. Herrera Date
Finance Director

Agreement No. 2024-0198-PW
10
BUCKMAN DIRECT DIVERSION BOARD
Agreement Acknowledged by the
Buckman Direct Diversion Board
By:___________________________________ ___________________
Date

2026 BDD Shared Pool Packet
Final Audit Report 2026-07-14
Created: 2026-07-14
By: Jesse Roach (jdroach@santafenm.gov)
Status: Signed
Transaction ID: CBJCHBCAABAAXu84SQ1ElvUBWq97v5djoHAu-V6Bk76A
Documents: 2026 BDD Shared Pool Packet.pdf (21 pages)
Number of Documents: 1
Document page count: 21
Number of supporting files: 0
Supporting files page count: 0
"2026 BDD Shared Pool Packet" History
Document created by Jesse Roach (jdroach@santafenm.gov)
2026-07-14 - 5:27:10 PM GMT- IP address: 63.232.20.2
Document emailed to Monica Maestas (mfmaestas@santafenm.gov) for signature
2026-07-14 - 5:28:05 PM GMT
Email viewed by Monica Maestas (mfmaestas@santafenm.gov)
2026-07-14 - 5:51:51 PM GMT- IP address: 104.47.65.254
Document e-signed by Monica Maestas (mfmaestas@santafenm.gov)
Signature Date: 2026-07-14 - 5:52:25 PM GMT - Time Source: server- IP address: 172.59.2.193 - Signature Appearance Selected: IMAGE
Agreement completed.
2026-07-14 - 5:52:25 PM GMT