22, 2017 -
US EPA Water Infrastructure and Resiliency Finance Center National
Governors Association State Planning Retreat on Public Private
- 53rd Legislaton:
19, 2017 -
Had Me At H2O: A look at who owns your water supply ... Get
curious about how your water gets to you, before private companies
pull the plug. MuchRock
cant trust public water, so its turning to private
companies. - While most Americans dont have to think too
hard about whether their water is safe to drink or not, people
in Camden, New Jersey are used to not having clean water
Improving the Way We Plan Together
part of our continuing commitment to improve our management of
the nations public lands, the Bureau of Land Management
is reviewing the way we develop and update our Resource Management
initiative, known as Planning 2.0, aims to increase public involvement
and incorporate the most current data and technology into our
land use planning.
Plan 2.0 presentation
2.0 FAQ sheet
Cynic Comment: Under the current administration BLM efforts
could be negatively revised by using an esoteric Congressional
procedure to sabotage BLM efforts.
Republicans Are Using An Arcane Tool To Handcuff Federal Agencies...
And it could have long-term consequences. Huffington
An example just out today... GOP Wants NASA To Stop Worrying
About Earth And Focus On Space ... There are talks of rebalancing
the agencys mission as it continues to tweet about climate
Cynic is developing a new webpage that follows the Trump/GOP administration"disappearing"
federal data and negative revisions to existing legislation, rules,
and regulations. Click
17, 2017 -
We are still tracking HB 275, the Public/Private Partnership bill.
Sadly, the House Transportation, Public Works and Capital Improvements
Committee recommended a Do Pass, a big setback for us.
Next in line is a hearing at the House Labor and Economic Development
Committee. OUR REPRESENTATIVE, GAIL ARMSTRONG, IS ON THAT COMMITTEE.
You can do one quick thing: phone Representative
Armstrongs office and ask that she vote NO on HB 275. Her
phone number is 505-269-2364. I usually call very early
and leave a message. It is our numbers that matter, so the more
people who call the better. It will take about 30 seconds!
15, 2017 -
From Conservation Voter of New Mexico -
Public-Private Partnerships (HB 275) seeks to give private companies
control of New Mexico's critical public services - including our
dangerous bill that could put your critical public services, like
water, has again been introduced in the State House. ... Last
seen in 2015, Public-Private Partnerships (now HB 275, Larrañaga/Cisneros)
is a sweeping measure that would privatize projects that are most
appropriately developed and maintained by public entities. In
2015, you raised your voice and we were able to stop the bill.
Together, we can do it again.
HB 275 first, and it has powerful support in the legislature.
If you speak up now, we can stop this dangerous "blank check"
legislation in its tracks.
Public-private partnership, or P3, is a catch-all term for any
project that partners government with private business. Generally
speaking, the more heavily the private sector is involved, the
riskier the project is for the public - in financial, social and
environmental terms. Examples from across the country and right
here in New Mexico have proven the need to take a very cautious
approach to P3s.
companies are pushing hard to expand P3s in our state. HB 275
is one of the broadest, if not the broadest, pieces of P3 legislation
in the country.
this link to CVNM Action center and send your representative a
this action alert
15, 2017 -
This bulletin came in too late to be effective, but never-the-less...
Rep. Pearce is having a call-in Town Hall TODAY. If you can't
make the call, please email him ... he's in the process of giving
away public lands. .
website click here
Town Hall Bulletin .
February 12, 2017 -
of memo from From:
AFSCME, AFT, NM Building Trades Council (15 affiliated unions),
CVNM, CWA, Food & Water Watch, NEA-NM, NM Environmental Law
Center, NM Federation of Labor (AFL-CIO), Sierra Club, and Voices
To: NM Legislation
Re: Please OPPOSE House Bill 275 (Allowing Privatization
of all Public Services and Infrastructure) and SUPPORT Senate
Bill 143 (Narrower Public Private Partnership bill). 021317-AFSCME
11, 2017 -
tale from 2012:
How the Private Water Industry Is Teaming Up With ALEC ... ALEC
has worked with the energy industry to create loophole-filled
water protections and opposes federal oversight of fracking.
from Public Dollars: How ALEC and Its Members Promote Privatization
of Government Services and Assets. Public
-The Water/Wastewater Utility Public-Private Partnership Act.
(This is where your NM representatives get the text of P3 legislation)
11, 2017 -
California water venture tied to Trump sees prospects rise after
years of setbacks. ... Until Trump won the presidency, prospects
looked bleak for Cadiz, a California company that has struggled
for years to secure federal permits to transform Mojave Desert
groundwater into liquid gold. McClatchyDC
NB: the above article references the infamous "Emergency
Infrastructure" list of critical projects in the 2nd paragraph
(see January 27th commentary below). This is an example of very
bad reporting using a fake list to generate an "exclusive".Always
follow the money.
February 10, 2017 -
Quick note on legislation that requires fast action
in the form of a call or email to Santa Fe to make sure all of
the following 5 Democrats are all present to vote against HB275
(See below for more information) The main talking point about
HB 275 is that it allows for privatization of virtually everything
in government, including schools, water utilities, solid waste,
waste water, watersheds, habitat restoration, and everything else
done by state and local government. It's by far the broadest bill
in America, and is terrible for any number of reasons (each activist
group here will have their own reasons for not wanting to privatize
government). The Legislature should appoint a commission to review
all P3 bills and that commission should report to the Legislature.
We need to emphasize that the lack of adequate oversight is enough
by itself to defeat the bill. In addition, all reference to water
projects should be removed.
These are the critical representatives: .
Bobby Gonzales (D-Taos)
Chair Moe Maestas (D-West side ABQ)
firstname.lastname@example.org 505-986-4433 (note: shared phone with Ruiloba)
is the source of this legislation. Through ALEC, global corporations
are scheming to rewrite your rights and boost their revenue. Alec
are several articles about P3's on this website. Note, Larry Larrañaga
was at one time on the ALEC
Federalism and International Relations Task force, but no
longer listed. A search for Larrañaga in the search field
above will link to stories that include him. NM representative
on ALEC is Rep. Yvette Herrell
February 9, 2017 -
The Problems With Water Supply and Demand:
A disconnect between water supply and demand will always exist.
The reason is that every time more water is made available to
a community or state it creates an instant invitation to increase
demand by way of development. Before long there is more demand
for water than what was being made available. Our economic system
demands that growth is essential if we are to prosper. Water is
becoming like fiat money we continue to think there is more available
and seem to think that if we use it up more will be found elsewhere.
We never admit that there is not enough water until the well or
spigot goes dry. In other words we do not live within our means.
the rest of the commentary here
7, 2017 - New found Resources:
Drinking Water Allocation Program (WRAP)
* Who owns water. Water rights in the SW States. Published 2003
by Brian H Hurd - NM State University.
owns water in the SW.
* 2009 Overview of NM Ground Water Code.
Water conference paper .
* 1962 - NM
water law since 1955 - Clark
* Office of State Eng. Glossary
of water terms
6, 2017 -
Reform of the (Interstate Stream Commission. This information
came too late to call your the rules committee members today,
but send your rep and e-mail or call will at least let them know
they are being watched. (Rules
it is important to tell Senate Rules Members to Vote YES on SB157!
Peter Wirth has introduced legislation (SB157) that would reform
membership of the Interstate Stream Commission (ISC), the state
agency charged with "developing New Mexico's waters including
both interstate and intrastate stream systems."
bill is scheduled to be heard in the Senate Rules Committee (Room
321) on Monday, February 6 at 8 am.
The bill is designed to bring objectivity and science, and less
political partisanship, into New Mexico's water management decisions.
The ISC has responsibility for state and regional water planning
and the technically infeasible and unaffordable Gila River diversion
project among many others.
ISC appointments would be shared equally between the Governor's
office and legislature. The bill requires an equal number of Democrats
and Republicans, two water-related technical experts from either
UNM or NMSU, and representation by the variety of interests that
have a stake in how water is managed, including a representative
from a non-governmental conservation advocacy organization.
Please contact members of the Senate Rules Committee and ask them
to vote YES on SB157.
Interstate Sream Commission (OSE) website
February 6, 2017 - news item
4, 2017 -
Below is a copy of form letter from the Office of The State Engineer.
Re: The Application by APR, OSE file RG89943. It includes
a copy of the "request to docket application". There
were 604 "timely" Protestants. A list of all Protestants
was included in the original, but not part of this file. Those
listed will recive the complete document.
File: RG-89943 and associated notices dated February 2, 2017
What all this means will be discussed soon.
SB 86 -
requires the State Engineer to put notices on-line. NM
3, 2017 -
Why is EPA chief Gina McCarthy speaking at a conference full of
private water company execs?
2016 article on Grist
1, 2017 -
UPDA TE ON THE P3 LEGISLATION...
impact Report - NM
HB 275, Section 2- H(1)(n) under definitions of a public project
(page 4 of the bill) seems to fit the APR plan. HB275
will also be important to see if some of the language in HB 275
ends up in the broadband bill in a back-door type of move as this
and Water Watch here in New Mexico is also an ally opposing
the P3 legislation. Below is an analysis by Food and Water Watch
of the Presidents proposal to privatize water and sewer
systems. We need to continue watching the Presidents short
list of infrastructure projects to be funded. (That may be a fake)
To that end we have some help from a friend in DC, and Ill
keep you posted.
Trump Attacks the Safety of Our Drinking Water - Trumps
war on the EPA endangers our drinking water. His plans to gut
the agency would sacrifice key programs that support and protect
our public water supplies.
Plan for Infrastructure
(Mentions APR. Not White House approved, probably a fake)
Public services union is also watching P3 legislation in New Mexico.
the February 1, 2017 News
30, 2017 -
Here it comes - NM will attempt to turn over government agencies
and projects to private for-profit companies... like charter schools,
for example. More on these bills later: They will aid ARP in getting
approval for the project with government support. Read the article
below on National Security Projects.
to public projects; enacting the public-private - partnerships
P3 legislation was attempted in 2013 ...
under House Taxation & Revenue Committee.and HB560
and in 2015 HB299
January 27, 2017 -
There is a report floating around called the "Emergency &
National Security Projects", (link below) in which APR is
listed as one of 50 top national security projects.
projects in the report are massive and the patronage of the government.
the document here
it sound reasonable the Federal Government would be interested
in a relatively small and very isolated private project? Probably
not, but it would be good to know how the APR ended up on the
we know so far
story, originated with McClatchy DC, which is part of wider network
of journalists who work in 14 states and 29 communities. Read
the original story here Trump
team compiles infrastructure priority list
The Albuquerque Journal picked up the story and on investigation
pulled it, saying .. "The original post on abqjournal.com
was removed late Tuesday night after a Politico Pro report questioned
the document's authenticity." ... The Journal called the
White House: "It is not a White House policy document",
White House spokeswoman Lindsay Walters said in an email ... responding
to a Journal request for comment.
Journal story is an important read to understand the sequence
of events and latest information:
disavows infrastructure priorities document
followed up on the story with:
of 50 infrastructure projects used by Trump transition team came
from consulting firm
mentioned above, may have originated the story and document, then
backed off. As to PoliticoPro's reliability as a source of real
news note that US Dept of Education wanted to buy a subscription
to Politco Pro but did not....price tag too high and seemed to
be based on "whatever the traffic would bear."
complete story above for download
18, 2017 -
just like air is critical to our existence; we cant live
without it. Good potable groundwater is a quality of life essential.
As a commodity its value varies with its
scarceness. Water laws governing water varies from state to state
and country to country. People fight over water, states fight
over water, and countries fight over water. Generally the rule
for groundwater is that it is a defacto property right, if located
under your land. In New Mexico the state controls groundwater
through a permitting system by regulating the amount of withdrawal.
However, if there are too many landowners vying for a limited
amount of water the water is apportioned by need or a water master.
So by its scarcity it has become more valuable. ...
17, 2017 -
Mexico's Land Grant and Severance Tax Permanent Funds: Renewable
Wealth from Non-Renewable Resources. ... New Mexico's Land Grant
and Severance Tax Permanent Funds were constitutionally created
to allow the state to save and invest the revenues it derives
from the extraction of natural resources statewide. Those funds,
responsibly invested, meet the dual goals of growing New Mexico's
wealth and serving current and future generations of New Mexicans
by funding public education. This type of system has been instituted
in other states, provinces, and countries in the western United
States, Canada, and abroad. Permanent funds elsewhere have achieved
varying degrees of success. This article explores New Mexico's
Land Grant and
Severance Tax Permanent Funds, evaluates such funds in other states,
and presents lessons to be learned from those funds. Finally,
this article proposes changes to New Mexico's funds based on these
lessons, which would allow New Mexico to continue to meet and
exceed the dual goals of the Land Grant and Severance Tax Permanent
areticle in the Summer 2008 Natural Resources Journal
17, 2017 -
- This is not royalties that go to the State to compensate for
using the States oil and gas resources.
does it go to?
is it going to help the people who no longer have water?
is okay to takes ones livelihood away so others can benefit
at their expense?
the collapse of a community justifiable so that others can profit
from a taking of a water resource?
would the State Engineer consider this course of action a way
forward in granting this application?
is not equivalent to oil and gas as it is already is being put
to a beneficial use and has senior rights
to its use over the junior rights of the LLC.
18, 2017 above, What is Water Worth?)
SENATE BILL 86 ... 2017 -
AN ACT Relating to water Rights Notifications, Requiring the Office
of the State engineer to Post Notices On-line. Download
17, 2017 -
NM Legislation 2017 -
HOUSE MEMORIAL 1 - A
Requesting the Interstate Stream Commission to Convene a Task
Force to Make recommendations to Correct Deficiencies in State
and Regional Water Planning Programs and Processes. Full
Legislation original weblink.
August 15, 2015 - Analysis: Weaknesses mar NMs capital outlay
13, 2017 -
NM State Engineer: You know, do we need to be looking at
something like a severance tax on that water?
an elaborate proposal to pump thousands of acre feet of water
150 miles to Albuquerque .... from the Augustin Plains Ranch (APR)
in Catron and Socorro counties about to trigger a new policy for
large scale water sales in New Mexico, treating water like oil
and gas including severance compensation as a political
sweetener for such a deal?
No Right to Free Water, Except for Nestlé. ... former Nestle
CEO Peter Brabeck is famous for denying that access to drinking
water is a human right. But based on the companys actions,
its management seems to believe that Nestlé Corporation
has a human right to free water. CounterPunch
9, 2017 - Whose water is it?
you apply for a water right or a permit for a well from the State
of New Mexico, it is assumed that there is water available for
diversion. If there are no other wells or surface diversions in
your vicinity then there will not be a likelihood of a protest.
However, if there are other diversions close to your proposed
diversion, those diversions would have prior existing rights over
would have to state how you are going to put this water to a beneficial
use. The State Engineer would then evaluate your application to
see if it meets the required standards for a permit to drill.
you knew that the existing wells in your area were shallow and
you wanted to put in a deeper well to ensure that you got all
the water that was granted under your application, the neighboring
well owners could challenge your application stating that you
would be impairing their water right of prior appropriation and
the fact that you could be over drafting the common aquifer and
cause their well or wells to go dry. The State Engineer could
respond, that their wells are not going to be impaired and
that those wells could always be drilled deeper. This concept
is a result of the Tom Morrison paper Guidelines for the
Assessment of Drawdown Estimates Feb. 2006. Of course this
could be a remedy; if it did not create a financial burden on
the owners of the prior existing water rights. What if the existing
wells were only about 200 feet deep and your well is 2,000 feet
deep? Would a 1,500 foot difference in depths be considered
impairment? This is a major difference and could cost the original
water right holders many hundreds of thousands of dollars to just
compete with your well. Isnt this also considered a type
of impairment financial in nature?
problem is that water generally flows down gradient, so that the
water you are pumping that lies under your property; when pumped
long enough and at much lower depth will cause the adjacent landowners
water to flow toward your well over time. This gradient flow is
the result of the cone of depression created at your well point.
The bottom line is that you are mining your neighbors water.
If this occurred in the oil patch , a law suit would follow
claiming a taking and you would have to pay for the oil you should
not have pumped along with damages. It is too bad that this does
not apply to water, a taking is a taking. So the question arises
as to whose water is it?
New Mexico the water belongs to the state and you have permission
under the permit system to only pump what you have been allocated
under that permit. If you do not use the water that has been allocated
the state can reduce your allocation to reflect what you are actually
using. This practice is very common when a watershed or an area
under goes adjudication. Adjudication is where all the water users
in an area undergoing adjudication have their water use history
researched and if the people cannot verify their water use they
may wind up having their amount of water use reduced. This may
seem harsh but once the water has been adjudicated the amount
of water granted is yours in perpetuity.
if the water in the state is the states water do whatever
they wish with it; except where there are water compacts with
other states that they otherwise obligated to comply with.
Can the state just give it away to the highest bidder or to people
that know how to play the political game of saying that the water
is to be used for the greater good of the states residents.
This is the case where there are winners and there are losers.
In most cases the losers are residents in the rural areas of the
state. This is the case where a major development in the Albuquerque
area (Santolina Project) that is proposed but not yet approved,
is trying to get water from the San Augustin Plains at the expense
of the residents that live there.
again I come back to whose water is it? If you remember that,
water is life, if you control the one you control the other.
So water is a political pawn that is played with by the rich and
influential to their financial gain and the end user is non-consequential.
Dennis Inman - Geologist - Download
for the Assessment of Drawdown
Groundwater Hydrology and Evaluation Porcedures - Training Manual
6, 2017 -
Business group lists priorities for legislative session...
Of particular interest is privatization of wate, and the support
... creation of public-private partnerships to develop water infrastructure
that will provide public benefits, such as economical infrastructure
project delivery and water conservation. NM
the Mirage The Future of Water in the West -
Video on YouTube
5, 2017 - The Great Public Land Heist Has Begun