Timberon Water District Responds to Public Records Request on Water Testing, Insurance Data

Timberon, N.M. — The Timberon Water & Sanitation District (TWSD) is continuing to release water testing documentation and related records in response to a formal request filed under the state’s Inspection of Public Records Act (IPRA), with the district’s records custodian outlining an ongoing, multi-part production schedule as additional records arrive from labs and third parties.

The Request

The records request at the center of the exchange, filed July 14 by Chris Edwards on behalf of Alamogordo Town News/2nd Life Media, sought a broad set of water-testing records for the period of July 1–14, 2026. The request covered raw and treated water sample collection logs, laboratory analytical results for bacteriological and disinfectant-residual testing, chain-of-custody documentation, correspondence with the New Mexico Environment Department and contracted labs, and any internal memos or boil-water advisory notices tied to the test results.

The request cited the statutory three-business-day response window under NMSA 1978, § 14-2-8, and the fifteen-calendar-day deadline for any written denial under § 14-2-11. It also asked the district to itemize any fees for search, retrieval, or reproduction rather than apply a flat charge, and to specify explicitly whether any requested records simply do not exist rather than offering a general statement that the request had been fulfilled.

Why These Records Are Being Released

Under IPRA, TWSD is required to make water-testing records available because they are generated and maintained in the ordinary course of operating a public water system — a function that falls squarely within the Act’s presumption of public access. The July 14 request specifically asked for sample collection logs, lab analytical results, chain-of-custody paperwork, and any related correspondence or internal notices tied to those results. McAtee’s production reflects an attempt to match the district’s files to those categories, then sort what exists digitally from what would need to be printed or gathered from paper records or outside parties, such as the contracted lab or NMED.

Because the district had already gathered a substantial batch of records for an earlier, related IPRA request, McAtee’s July 16 release includes files spanning several months — not only the July 1–14 window — which the requester’s original letter also covers indirectly by asking for any board communications or notices tied to results, regardless of when the underlying testing occurred.

Lab Results Reviewed for This Story

Over 70 results were received and still being reviewed. Twenty individual lab report forms from Diagnostic & Technology Center, Inc (#NM0301) TWSD contracts with for bacteriological testing — were reviewed for this story, covering samples collected between June 22 and July 9, 2026, plus a March and May batch reviewed separately as a random sampling. All use the same presence/absence test method (SM 9223B) for Total Coliform (TC) and E. coli (EC).

Nineteen of the twenty samples came back clean — both TC and EC marked “Absent.” Free chlorine residuals across the batch ranged from 0.10 to 1.41 mg/l, generally within a normal range for a small distribution system, though several of the July 9 special samples showed low residuals (0.10–0.27 mg/l).

One sample flagged positive for total coliform:

This is the sample that corresponds to the file labeled “false positive” in the district’s records production. Total coliform bacteria are naturally widespread in soil and surface water and, on their own, are not considered a direct health threat — they function as an indicator organism. E. coli, the parameter specifically associated with fecal contamination and acute health risk, tested absent in this same sample.
The lab form shows this result was formally confirmed and reported: the “Confirmed by” and “Notification By” fields are initialed, and the form logs that the TWSD office was contacted on July 10, 2026 at 10:45 a.m. — the day after the sample was collected. Under standard state drinking-water protocol, a total-coliform-positive result typically triggers a required repeat sample at and near the affected site to confirm whether the initial result holds up; that follow-up testing is consistent with the “false positive” label ultimately attached to this result in the district’s files.

No other sample in either batch — including two other special samples taken at different Timberon locations that same July 9 morning, and three routine samples collected three days earlier on July 6 — showed a positive result for either parameter.
Still pending, per McAtee’s July 16 update: He said the district was still waiting on two additional documents from the lab as of that date and would forward them as soon as they arrived; he did not specify which sampling dates or parameters those documents cover.
Earlier records included in this release (predating the July 1–14 request window, carried over from the district’s response to a prior, related IPRA request):

• January 2026: field records dated Jan. 5, Jan. 12, and Jan. 21
• February 2026: field records dated Feb. 4, Feb. 10, Feb. 17, and Feb. 23
• March 2026: field records dated March 2, March 4, March 10, March 17, and March 23, plus formal lab reports dated March 25 — all clean (TC/EC absent)
• April 2026: field records dated April 1, April 6, April 20, April 23, and April 27
• May 2026: formal lab reports dated May 7, May 19, and May 26 — all clean (TC/EC absent)
• June 2026: formal lab reports dated June 22 — clean (TC/EC absent)
Also included were the district’s formal written reply to the request (IPRAR2026071601) and an itemized fee/time schedule (iTWSD_IPRA_FEES_TIMES.pdf) addressing the requester’s ask for a breakdown of any search, retrieval, or reproduction costs rather than a flat charge.

The District’s Response

Records custodian Leo McAtee replied July 16, saying his office had attached a formal reply, the requested data, and a cost schedule for any future output. McAtee said his practice is to provide records digitally at no cost rather than in paper form whenever possible, and that everything responsive to this and prior requests exists only in digital form as far as he’s aware — though he noted the district is still coordinating with third-party labs that could complicate that picture.

McAtee said the district is still waiting on two outstanding documents from the lab and will forward them as soon as they arrive. He also flagged that a large insurance-related file tied to the “High Country Lounge” was still pending from the insurer and would be substantial once received; he said he would confirm with the requester before considering printing it.
On a separate, earlier IPRA request, McAtee said the district’s response — including large video files — would be sent no later than July 23, with video content hosted via links on the TWSD website rather than as email attachments, to avoid overloading the requester’s inbox. He offered a USB drive as an alternative delivery method if preferred.

Requester’s Follow-Up

Responding early July 17, Edwards confirmed the video links were acceptable. He pressed further on the insurance documentation, noting that insurance contracts and riders are typically available as standard PDF downloads directly from insurers’ websites, and asked that those materials — like other requested files — be provided electronically.
Status

As of this report, the district has indicated it is continuing to gather and produce records on a rolling basis, with two lab documents and a large insurance file still pending arrival from third parties. Of the 20 lab results reviewed for this story, only one — a July 9 total-coliform-positive sample near Corcho/Stallion, later addressed through standard confirmation testing — showed any deviation from a clean result, with E. coli absent throughout. The district has committed to a July 23 completion date for the separate, earlier records request that includes the video files.

Editor’s Note

A link to the full set of test records will be added to this article this afternoon so readers can access the underlying data directly. As a matter of policy, most IPRA records this outlet receives are made available to the public via links in our coverage within 24 hours of receipt as source documents for our news articles. For this request, that link is expected to be posted by 2 p.m. Friday, following a more formal review of the records. Check back here for the update.
This article is based on email correspondence related to IPRA request IPRA2026070901, filed with the Timberon Water & Sanitation District.

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