State's top water official resigns amid concerns over staffing shortages, unfunded mandates

Nov. 12—New Mexico's top water official is calling it quits, saying he lacks the staffing and funding necessary to perform the work of the Office of the State Engineer.

John D'Antonio, who has served as the state engineer for nearly three years, is retiring from state government, effective Dec. 31.

D'Antonio wrote in an email Friday he was unavailable for an interview. But he provided a list of reasons for his departure that centered on staffing shortages and unfunded mandates at a time when the agency is dealing with several lawsuits, including a high-stakes water case before the U.S. Supreme Court, as well as scarce water supplies exacerbated by warming temperatures.

"We've taken the agency as far as we can, given the current agency staffing levels and funding resources," he wrote.

"For nearly three years we've been asking for additional staff and funding to protect the state's water resources," D'Antonio added. "We have been directed to submit a flat budget for [fiscal year 2023] despite strong financial revenue projections."

The state is projecting nearly $1.4 billion in "new money" for spending growth in the next fiscal year.

Nora Meyers Sackett, the governor's press secretary, wrote in an email the administration "has worked and continues to work to remedy the previous administration's underfunding and understaffing of state agencies and departments." She noted funding for the Office of the State Engineer has increased about 17 percent under Lujan Grisham's administration.

In his list of reasons for his departure, D'Antonio said there has been a "glaring non-response" from the Legislature for the last three years on funding a 50-year water plan "with expectations it be completed regardless of funding limitations."

D'Antonio told the Legislature's interim Water and Natural Resources Committee last month the plan is in Phase 3. The agency is leveraging funds in a partnership with the U.S. Army Corps of Engineers to get the work done, he said.

"There's always a concern on how we can get adequate resources and staffing folks to be able to do the state's business," he told lawmakers.

State Sen. Liz Stefanics, D-Cerrillos, who chairs the committee, said she's concerned about the future of the 50-year water plan.

"I think [Rolf Schmidt-Petersen, director of the Interstate Stream Commission], is doing a great job running it, but you know, he's going to come up with recommendations in March and then the question is, 'Are we going to have the resources to really implement the recommendations?' " she said.

Stefanics said the committee endorsed a bill for the upcoming legislative session that starts in January for $12 million to help the Office of the State Engineer build up its staff. She also said she plans to introduce a bill to replenish the Water Trust Fund with $50 million.

"I understand there are some people who are working on trying to add $100 million to the Water Trust Fund," she said.

D'Antonio told lawmakers last month the agency has had 72 "recruitment hires" in the last 13 months, which he called a "really a big number." Only 19 of those 72 hires were external, he said.

"One of the big problems we have is the most qualified people are typically our own employees, and all of them are under midpoint with respect to pay," he said. "So, in order for retention opportunities, we need to be able to promote from within, which creates a requirement to do a double hire, essentially, because you get to fill a position that's vacant and then you've got to backfill those vacant positions."

The non-competitive pay structure has made it challenging to retain "highly experienced professional staff," he wrote in his list of reasons for leaving.

"There are several senior retirement-eligible staff members with other professional opportunities who will be making their announcements soon," he wrote.

D'Antonio, who previously served as state engineer from 2003 to 2011 under former Gov. Bill Richardson, said the agency is woefully understaffed. The agency has 69 vacancies, 40 of which are unfunded, he told lawmakers.

"We have 245 filled full-time positions," he said. "About 10, 12 years ago, when I was the state engineer under under a different administration, we had 312 filled positions. We have 67 less positions in my agency, which translates to 140,000 staff hours per year that we're not getting the state's work done, and it's really, really difficult to protect our water, to protect senior water rights, to protect private property rights, if we're not staffed to do that work."

The staffing shortage is affecting the agency's ability to address the effects of drought and climate change in New Mexico; litigation, including a fight with Texas over water from the Rio Grande; and "increased threats from supply shortages on the Colorado River and its effects on the San Juan Chama water supply," among other matters, he wrote.

Sackett, the governor's press secretary, wrote the administration is "very grateful for [D'Antonio's] many years of service to the state and his work to protect and preserve New Mexico's resources and waterways — we wish him all the best in his retirement."

When Lujan Grisham named D'Antonio the state engineer in February 2019, she said he was "uniquely qualified to direct the critical protection and management of our water resources" with his decades of experience.

"I have no illusions about the challenges we face, from climate change to infrastructure needs, from lawsuits to staffing levels," the governor said in a statement at the time. "I know John will meet these challenges head on. He has met them before, and his experience demonstrates his firm grasp on the heart of the matter: There is no resource in New Mexico as precious as our water."

Just a few days into the job, D'Antonio told The New Mexican his workload was already daunting. But the more pressing issue, he said at the time, was the need to fill vacancies and secure a better long-term funding structure for the agency.

When he took over the Office of the State Engineer, it had a 26 percent vacancy rate. D'Antonio said the office's capacity was decimated during the administration of former Republican Gov. Susana Martinez, who served two four-year terms.

"In just about every area, we need additional people to get up to speed and put plans in place so we can get some meaningful action [moving] forward," he said back then. "We are really only as good as the people we have within our jobs."

Stefanics said she's "very sorry" D'Antonio is leaving and that she agreed he didn't have enough staff and budget to do everything he is expected to do.

"I would say that the job is large, and without the appropriate staff support and without the appropriate financial resources, I could see that it would get to be — what's the word I'm looking for? — frustrating," she said.

Follow Daniel J. Chacón on Twitter @danieljchacon.

Follow Daniel J. Chacón on Twitter @danieljchacon.