Alamogordo NM
5-01-2026 7:34am

Timberon Water and Sanitation District Grapples with Chronic Violations, Soaring Rates, and Questions of Oversight and Accountability

TIMBERON, N.M. — Nestled in the Sacramento Mountains of Otero County, the Timberon Water and Sanitation District (TWSD) serves roughly 900 year-round residents with drinking water, wastewater treatment, roads, trash collection, and recreational facilities — including a district-owned 9-hole golf course. Yet public records reveal a pattern of regulatory lapses, massive water loss, pending state complaints, financial transparency gaps, and allegations of favoritism that have left residents paying premium rates for substandard service while county-level oversight appears largely absent.

As of early 2026, TWSD’s published rates show a base monthly water charge of $74.59 (for zero usage) plus a $16 trash fee, totaling approximately $91.39 after tax for a household with no water consumption. Usage is tiered starting at $4.61 per 1,000 gallons for the first 1,000, rising to $6.91 and higher for greater volumes. In stark contrast, the City of Alamogordo — Otero County’s largest municipality just down the mountain — implemented rate adjustments in 2024 that left a typical residential customer using 6,000 gallons paying roughly $70.98 combined for water and sewer service (with the water portion around $40). Even after subsequent modest increases, Alamogordo’s effective rates remain substantially lower than Timberon’s fixed base charges, despite the city operating a more robust system with far less reported water loss.

Residents here pay among the highest base water rates in the region for a system plagued by decades-old infrastructure, documented leaks, and repeated violations — raising pointed questions about value, governance, and whether public resources are being managed in the best interest of taxpayers.

Infrastructure Crisis and Regulatory Violations

TWSD’s own public notices confirm ongoing failures: the district has operated without a properly certified operator for its drinking water system and has acknowledged recent violations of drinking water requirements. A November 2025 boil-water advisory for parts of the system warned residents in bold capital letters: “DO NOT DRINK THE WATER WITHOUT BOILING IT FIRST” due to low pressure risks. Former board member Mark Harding, who filed a formal complaint with the New Mexico Public Regulation Commission (PRC) in January 2025, has stated the system loses approximately 3.5 million gallons monthly — equating to roughly 85 percent water loss — through leaks in 1970s-era pipes that have seen minimal upgrades.

The New Mexico Environment Department’s Drinking Water Bureau has issued multiple violation notices. Community sources allege a potential $62,000 fine for accumulated infractions, though this figure remains unconfirmed in publicly available state records. Current board leadership — Chairman Otis Price, Vice Chairman Caleb Flora, Treasurer Josh McCurdy, Director JJ Duckett, and Director Derenda Robb — has not publicly detailed the status of any fines, appeals, or corrective actions.

State Intervention Looming as PRC Considers Receivership

Harding’s PRC complaint (Case 25-00011-UT) and a related matter have highlighted alleged overbilling and inconsistent tax application. During a November 2025 PRC hearing, Commissioner Patrick O’Connell publicly floated receivership — a drastic step that would strip the elected board of control — asking, “How many more Timberon issues do we need to see before we put the pieces together and say, ‘We need a bigger solution than a fine?’” A prior board chair, David Cruey, countered that the district needs $45–50 million for a full overhaul, not state takeover. As of publication, the status of these cases under the PRC’s updated 2026 case management system remains unclear, with no recent public updates from TWSD.

Alleged Sweetheart Deals, Selective Enforcement, and Unpermitted Operations

One of the most contentious issues involves the district-owned 600-acre golf course and Pro Shop. Community members allege the facilities are leased to a private operator (Discover Timberon Inc./High Country Lounge) for just $1 per month — an arrangement that, if verified, could violate New Mexico’s Anti-Donation Clause (Article IX, Section 14 of the state constitution), which prohibits public entities from gifting or subsidizing private use of public assets without fair market value. TWSD has not released the lease agreement despite public records requests.

Debt collection practices have also drawn scrutiny for apparent inconsistency. At the October 2025 board meeting, directors reviewed the civil case Massey v. Hanson and TWSD (Otero County District Court Case No. D-1215-CV-202500808), where liens exist on properties tied to unpaid balances owed by Larry Hanson and Mike L. Massey. After closed session, the board voted unanimously to take no action on those debts — while simultaneously discussing new legal spending to pursue other delinquent accounts. Such selective enforcement has fueled local accusations of preferential treatment.

Trash operations add another layer: district bylaws require at least one permitted collection site, yet community reports — corroborated by direct communications with Otero County and New Mexico Environment Department officials — indicate the current site has operated without a required environmental permit since at least 1996. Chairman Price has been advised of the deficiency, but no public compliance timeline has been issued.

County Government’s Role and Apparent Inaction

Otero County bears direct responsibility in several facets of the saga. The two community parks in question — Deer Park and Mary Glover/Shallow Creek Park — are county-owned properties. TWSD installed water meters and fencing on these sites without prior authorization from the Otero County Commission, prompting county officials to inform the district it had violated procedures. Meeting records reference discussions of the unauthorized Mary Glover Park meter, yet no public remediation plan or accountability measures from the county have materialized.

The unpermitted trash site similarly implicates county permitting processes alongside state environmental oversight. Despite these documented interactions, the Otero County Commission as a body has offered no visible public leadership or intervention in the broader TWSD crisis — even as residents face high rates, boil advisories, and infrastructure collapse in their jurisdiction.

District 2 Commissioner Amy Barela, whose responsibilities cover significant portions of Otero County and who also serves as chair of the New Mexico Republican Party while seeking re-election in 2026, has issued no public statements or taken documented leadership actions on the Timberon water issues unfolding in the county’s backyard. Searches of county meeting agendas, public comments, and news reports yield no record of Barela addressing the regulatory violations, rate burdens, or governance failures affecting Timberon residents. Critics question why county commissioners — tasked with broader oversight of county property, permitting, and public welfare — have not stepped forward more assertively amid years of documented noncompliance.

Transparency Shortfalls and Missing Audits

As a governmental entity under the New Mexico Department of Finance and Administration, TWSD is legally required to submit annual audits and post approved budgets. While some historical financial documents appear in the district’s online archive, the most recent state audit is not prominently available on the NM State Auditor’s Office portal, and the current DFA-approved budget remains listed as “pending an updated copy.” The New Mexico Department of Justice has also faced allegations of Open Meetings Act violations by TWSD, though confirmation is pending.

Residents Demand Answers Amid Mounting Costs

Timberon property owners already shoulder a $30 annual Facilities & Services Fee per lot, plus property taxes and mill levies — all while enduring an unreliable system. The pattern of unaddressed violations, alleged sweetheart arrangements, selective enforcement, unauthorized use of county property, and decades of permitting lapses has led some residents to describe a culture of unaccountability bordering on cronyism.

Note: 2nd Life Media has and is submitting additional public records requests to TWSD, the PRC, the New Mexico Environment Department, Otero County, and the state auditor’s office. Written questions are being sent to the TWSD board and Otero County Commission. Responses will be reported as received.

Note: This is an ongoing investigation and series. The facts presented here are drawn from TWSD’s own website and public notices, PRC filings and hearing records, Otero County communications referenced in community records, court documents, and official state websites. Allegations of lease terms, fines, and preferential treatment originate from community sources and remain subject to official verification and IPRA responses. Timberon’s taxpayers deserve full transparency from both their water district board and the Otero County Commission that shares responsibility for the community’s infrastructure and public assets.

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