Informed Cynic Home Page

APR WATER GRAB - SEC - LOCAL ENVIRO. & NEWS

May 17, 2019 - APR Update
Motions in Response to various motions for Summary Judgment have been filed in the Augustin Plains case – four of them. Admittedly, although I am reading the motions, I don’t know all the legal ins-and-outs, so I won’t attempt to summarize these new motions. What I will do is inform you that the New Mexico Environmental Law Center has spent many hours on our behalf to refute the claims of the Augustin Plains Ranch LLC (APR) that they deserve an “evidentiary hearing”. Others filing similar documents add to and complement the NMELC arguments against the APR’s claim.

Remember that the Motions for Summary Judgment request the Court deny the application because it lacks specificity, that it is speculative.

From the Catron County filing: “APR has failed to provide an actual, specific plan to use water in a specific amount, for a specific purpose, at a specific location.” ... “The Court also held that ‘not only does the underground water permitting statute require specificity, the constitutional mandate of beneficial use as the basis of a water right requires specificity of the actual place and use of water, along with all the other definite elements required to create a right’.” These two statements support the argument that the APR application should be denied, and that a request for an evidentiary hearing is also denied.

I am puzzled that the judge in this case has allowed this request to go forward. Why did he want to hear arguments about an evidentiary hearing when this is an obviously speculative application? What APR wants is a two-stage hearing, the first on the hydrology of the Plains basin, the second scheduled so as to allow them time to come up with contracts to sell water. They’ve already had 12 years to do that, and they have not succeeded!

A reminder: don’t forget the hearing on June 26 in Reserve at the Courthouse, 10:30am. Your presence is essential and much appreciated.

Let me know if you want any of the documents just filed. - Carol Pitman, Datil. Download the update

May 10, 2019 -
APR v Blaine court actions update Download

2018 NM Enviromental Law Center impact report Download

April 24, 2019 - APR Update
As you know Judge Reynolds set dates for legal filings in the APR water grab case. The deadline for filing "Joinders" was last Friday, and as our attorney explained "joinders" is the word used for a filing that supports our Motion for Summary Judgment.

Look at all those who have joined us!

1. Pecos Valley Artesian Conservancy District
2. Navajo Nation
3. Anita Hand, the Hand Trust
4. Wildearth Guardians
5. San Augustin Water Coalition (SWAC)
6. Three Pueblos: Pueblo of Isleta, Pueblo of Sandia,
and Pueblo of Santa Ana
7. Socorro County

Jaimie Park of the NM Environmental Law Center supplied this list and the documents. As always, if you want a copy of any or all of them I will be glad to send whatever you request. If you wonder why Catron County is not on the list it is because the county has filed its own motion for summary judgment.

Here's an interesting fact: the Augustin Plains Ranch proposes to put a pipeline for our water through the Isleta Pueblo. I don't think they are in favor of that! We are indeed fortunate to have so much support for our opposition to the application.

With thanks for your continuing support,
Carol Pittman, Datil Download the update

April 18, 2019 -
Hawkes, Bustamante elected new trustees - Chieftain

April 12, 2019 -
Blaine V APR case actions update Download

April 5, 2019 -
NM Environmental Law Center Green Fire Report
New Staff Case Updates - House Party Download

Independent committee will review electric proposals. ... The City of Socorro is moving closer to establishing its own municipal electric utility.
Chieftain

March 16 marked the end of the first session of the 54th New Mexico Legislature. (Water Bills HB 374, HB 576 and SB 435) Catron County Courier

March 9, 2019 -
NM Environmental Law Center Green Fire Report
Mt. Taylor Mind; LANL Consent Order; HB 220; HB 255 - Legislation update

March 2, 2019 -
Mexican Wolf Reintroduction Project - Initial Release and Translocation Plan for 2019

February 22, 2019 -
Next APR v Blaine court hearing in Reserve on June 26, 2019 at 10.30AM Latest court actions here

Friends of the Bosque Winter Newsletter

February 20, 2019 -
‘This has poisoned everything’ – pollution casts shadow over New Mexico’s booming dairy industry ... Pollution from Cannon Air Force Base has gone unreported for decades. Now it’s threatening the US food supply. Guardian
Related: State environment department accuses Air Force of violating Water Quality Act. Abq Journal.
Related: Toxic timeline: A brief history of PFAS
Search Light NM

February 15, 2019 -
Press Release: Four-Year Moratorium on Fracking Introduced in the Legislature. La Jicarita

February 15, 2019 -
Notes from the STATUS HEARING for the APR, LLC drilling application held on February 13th, 2019

PLEASE NOTE that I am NOT an attorney, and that these comments are as I understood the proceedings. Any errors are mine and should e considered in context...I tried to get it as error-free as possible. - Eileen Dodds

There were approximately 80 people (including the attorneys) in the small courtroom in Reserve for the hearing. Judge Reynolds opened the proceedings... He called on all attorneys to introduce themselves and state whom they represented.

Mr. Wexler for the APR,LLC spoke first, asking for 5-6 months of "discovery", both written and oral. His timeline asked for an August briefing, September responses from protestants, then another status conference by late this year or early next year.

Mr. Lindeen, representing the Office of the State Engineer, was in favor of the discovery request, but also wanted a fully-developed record and all issues (including anti-speculation) argued.

Jamie Park, representing some 80 clients of the NM Environmental Law Center, cited Article 16, Section 5 of a code, which limits the court to decisions based on OSE statutes. She said the facts in the application itself were enough for the court to decide on the Motion for Summary Judgment which the NMELC filed 60 days ago. She requested a hearing on that motion by March 15th.

Mr. Dominici, representing Catron County, opposed the discovery request, saying the court has already reviewed everything, and that the OSE was comfortable with their decision. He supported the decision on summary judgment to be made sooner than later.

Ms. Davidson, representing the Hand Family Trust, asked for a full argument on anti-speculation.

Then Judge Reynolds addressed the proceedings. He did not limit what anyone could file on summary judgment if it was brought up in the OSE's denial and issues in the ORIGINAL application. He said he thought this new application was different enough from the original to allow it. BUT he expressed aggravation about the length of time this has been going on (12 years), and by the LLC's request for discovery at this time. He said they have had 12 years to discover everything, and they should have raised the issue before. (Rule 56 ?) He said he needs to resolve Rule 56 to be able to consider "dismissing with prejudice", as it is a drastic issue, and the APR is entitled to the benefit of doubt. He cautioned care on everyone's responses. He told the LLC that just because the OSE may not have followed their own statutes with other drilling applications, it was no reason to disregard the statutes, and he would be looking at the LETTER of the law. He wants to see the argument on the question of commercial sale of water proving "beneficial use" in New Mexico. He said the LLC does NOT need an evidentiary delay. He cautioned all attorneys against asking for continuances, and he set the calendar for coming proceedings.
o By 3/15/19-Amended Motion for Summary Judgment-NO MORE after this date

Your Voice is Needed to Defend Clean Water!
2 ACTIONS NEEDED!

ACTION 1. TAKE ACTION
NOW BY CALLING YOUR STATE
REPRESENTATIVE AND ASKING THEM TO
VOTE YES ON HB 255.

HB 255 will strengthen NM Mining Act financial assurance requirements and eliminate a loophole that puts the State and Taxpayers in environmental and financial risk for cleanup at mines!

To find your Representative and their contact information CLICK HERE

THIS MAY GO TO THE FLOOR FOR A VOTE TODAY

ACTION 2. TAKE ACTION NOW BY CONTACTING THE
MEMBERS OF THE HOUSE JUDICIARY COMMITTEE
AND ASKING THEM TO VOTE YES ON HB 220.

HB 220 will amend the Water Quality Act to clarify where compliance with water quality standards is determined. It would reverse the negative impacts of the Copper Mine Rule.

February 12, 2019 -
From NM Wilderness Alliance:

Senators Tom Udall and Martin Heinrich helped push a public lands package through the Senate today that would create thirteen new wilderness areas in New Mexico! Ten of the proposed wilderness areas fall within the Organ Mountains-Desert Peaks National Monument, two fall within the Rio Grande del Norte National Monument, and one is located near the Four Corners region. The legislation also includes an expansion of the existing Bisti/De-Na-Zin Wilderness Area near the Four Corners region. Overall, the thirteen new designations would account for roughly 270,000 acres of new wilderness in New Mexico - the most wilderness designated in the state in a single year since 1980!
Download press release here

Thank Udall and Heinrich here

February 11, 2019 - TAKE ACTION TODAY!
Defend Our Water Quality & Speak Up for HB255 & HB220 - Contact Legislators Today! HB255 will be heard in House Judiciary TODAY at 1:30pm

Tell our legislators that you support HB220 and HB255 that will protect our community, our water supplies and environment from the impacts of copper mining! See the full press release for list of representatives.

HB255 would phase out corporate guarantees from an affiliated corporation in Mining Act permits, closing a loophole in the law that lets mining companies shift up to 75% of the financial burden and environmental risk for cleanup and reclamation onto the taxpayer and local communities. Download HB 255

HB220 would nullify those provisions of the Copper Mine Rule that allow copper mines to pollute groundwater above NM water quality standards. Donwload HB 220

February 11, 2019 -
NM Rural Libraries Initiative update

Bill SB 264 passed our first committee hearing on a 5-1 vote. Thanks especially to everyone who stayed at the committee meeting until the end last night at 7 pm after a really long day. Thanks to everyone who came and lobbied at the legislature for library legislature day. Senator Ortiz y Pino again stressed to me last night how important it is for you, your boards and patrons to continue to contact your legislators in support of the bills, SB 264 and SJR 11 and to ask for full funding at $50 million.

The hearing was live-streamed. If you want to see it it is HERE

Scroll down to 6:18 pm

APR hearing in the Reserve courthouse Wed. 13TH AT 11:30
Below is a copy of the order issued by Judge Reynolds on January 9th in which he granted the motion filed by the Augustin Plains Ranch asking that briefing on our motion for summary judgment be postponed until the hearing on February 13th. As you can see, he indicated that one of the subjects to be addressed at that hearing will be the schedule for that briefing. 010919-Postpone Sumary Judgement.pdf

February 1, 2019 -
2019 Legislative updat e from New Mexico Wilderness Alliance. Download

February 1, 2019 -
Library Legislation day press release: -
Friday February 8 is Library Legislative day. We will meet at 8:30 am in room 326.
Our representative: Gabriel Ramos D, 28, Rm 416A, Cap: 986-4863 Off: (575) 388-1969 H:(575) 534-9535 gabriel.ramos@nmlegis.gov Libraries: Bayard, Gila, Glenwood, Magdalena, Reserve, Rio Abajo. Download press release and agenda here

January 31, 2019 -
From the NM Enviromental Law Center:
Albuquerque District Court Judge Shannon Bacon denied the ground water pumping application of Aquifer Science, a Nevada-based water speculator, to appropriate 350 acre feet of ground water in the East Mountain area of Albuquerque. .
Full Press release here

Court Document

February 1, 2019 -
Amending the requirements to protest a proposed Generation and Transmission rate change - NM Senate Bill 357 seeks to amend the current statute concerning regulation of Generation and Transmission (G&T) Cooperatives in NM.

Currently, as you know, G&T cooperatives such as Tri-Sate have no oversight from the NMPRC unless 3 of their member distribution cooperatives protest a proposed rate increase. In addition, transmission-only customers of G&T's have no standing at the NMPRC or other venue to protest the transmission rates charged by G&T Cooperatives. As an example, Tri-States transmission rates have increased 23.4% since just 2016 or 7.8% per year and there has been little to no Tri-State transmission investment in New Mexico.

This legislation seeks 3 changes:
1) Reduce the required number of customer protests to one customer or member in order to require the Commission to review the rates and make a determination regarding whether the filed/proposed rates are Just and Reasonable. (Reduce customer protests from 3 to 1)

2) Adds the definition of a "Transmission Customer"

3) Includes "Transmission Customers" as an eligible party (member or customer) who can file a protest of proposed rates by a G&T.

As a Tri-State Transmission Customer, SEC members should be interested in this legislation and willing to call/email/write your senators and representatives to express your support for these changes. There are other municipal and cooperative utilities in New Mexico who are particularly interested in this moving forward. Support and votes needed to get it done. This is particularly important to rural and small town New Mexico communities.
Download 2019 NM Legislation SB357

Download the 2019 NM SC357 Notice

January 22, 2018 -
Document dated January 17, 2018:
Notice of filing of administrative record ... COMES NOW, Irma E. Corral, Hearing Unit Administrator for the Office of the State Engineer ("State Engineer"), and hereby gives notice to all parties herein that, pursuant to NMSA l97B SectionT2-7-2, the record of the adrninistrative proceeding of the above captioned matter has been filed with the clerk of the Seventh Judicial District Court. Download 011719-Notice-Filing-Admid Record (18 pages) -

January 16, 2019 -
APR hearing in Reserve update -
Below is a copy of the order issued by Judge Reynolds on January 9th in which he granted the motion filed by the Augustin Plains Ranch asking that briefing on our motion for summary judgment be postponed until the hearing on February 13th. As you can see, he indicated that one of the subjects to be addressed at that hearing will be the schedule for that briefing. 010919-Postpone Sumary Judgement.pdf

January 15, 2019 -
As Corporate Power Threatens Americans' Right to Water, Groups Offer UN Body List of Issues to Raise With US. ... "Civil and political rights must encompass the human right to water, which is increasingly under threat by corporations that seek to use and abuse our water supplies for profit." CommonDreams

January 14, 2019 -
Greenfire Report from the NM Eniromental Law Center.
January 2019

APR LLC filed an appeal to the State Engineer’s decision to deny their application to mine water in the Plains of San Augustin. That appeal was made to the 7th Judicial District Court. Judge Reynolds is the water Judge.

Their action required a reaction and that has indeed occurred. Doug Meiklejohn of the New Mexico Environmental Law Center has filed a Motion for Summary Judgment. That kind of Motion requests the Judge to throw out the appeal and deny the application as did the State Engineer. Download the motion below.

Judge Reynolds has responded by setting a date for a hearing. The hearing announcement is also attached. PLEASE NOTE THE DATE: February 13, time 11:30, place Courthouse in Reserve. Your attendance is urgently requested, so please put this date on your calendar. The Judge needs to know we care as a community about this dreadful proposal to take 54000 acre feet of water every year from our aquifer.

December 3, 2018-
We need to explore clean renewable energy. Ward McCartney letter to the Chieftain

PRC complaints website

November 1, 2018 -
An Aquifer From the Ice Age Becomes a Battleground in New Mexico. EcoWatch

November 1, 2018 -
Bosque Watch Newsletter

October 23, 2018 -
Challenge to Policy on Prosecuting Endangered-Species Hunters Tossed. Courthouse News

October 22, 2018 - PROTEST COPPER FLAY MINE -
The New Mexico Mining and Minerals Division (MMD) is holding a public hearing October 23 -24 on the Permit Application Package and Draft Environmental Evaluation in consideration of issuing a new mine operation permit for the Copper Flat Mine, 5 miles northeast of Hillsboro and 30 miles southwest of Truth or Consequences. More information: Action Network
Download flyer

October 18, 2018 -
SEC rate increases may begin in January.
Chieftain Rate table

Public meetings on rate increases:
Oct. 19: Socorro Annex Building, 198 Neal Ave, 6 pm
Oct. 22: Magdalena Senior Citizens Center, 6:30 pm
Oct. 23: Alamo Wellness Center, 2 p.m.
Oct. 25: Datil Elementary School Gym, 3 pm

October 17, 2018 -
Proposed SEC rate increase for 2019. Rate Table

October 16, 2018 -
No peep from councilors on proposed takeover. Chieftain letter

October 12, 2018 -
Case Updates from NM Enviromental Law Center

Santolina - This is a very complex set of cases and filings. For the Level A Master Plan (which covers the entire proposed development), we appealed the County Commission approval of the Plan to the Court of Appeals and the paperwork on that by all the parties may be complete. Also in the Court of Appeals is an appeal by Bernalillo County of the 2nd Judicial District Court's decision voiding the Zone Map change for the Santolina development. The developer, Western Albuquerque Land Holdings (WALH), also filed an appeal of that decision and our Answer brief to their appeal is due October 30th. For the Level B Master Plan approval (Level B is for a sub-section of the whole Level A Master Plan), we have filed in District Court our Statement of Appellate Reasons and are waiting for the

Agustin Plains Water Grab -
Augustin (sic) Plains Ranch (APR) has filed a Notice of Appeal of the State Engineer's decision to deny - for the third time - APR's application to mine more than 17 billion gallons of aquifer water annually. We will soon file our Notice of Entry and a Motion for Summary Judgement (a request that the court issue a decision based on the merits of our case without having to go to trial).

New Mexico Legal Notices website

September 4, 2018 -
Senator Heinrich: Gila not appropriate for flyovers.
NM Wild

August 1, 2018 -
Average Retail Price of Electricity to Residential Sector, August 2018 (cents/kWh)

June 26, 2018 -
Attend a rally in opposition to the Gila River diversion and then join us to make public comment at the NEPA scoping meetings scheduled for 4pm to 7 pm.
More info

New Analysis Demonstrates Importance of Gila National Forest-Northern Arizona Wildlife Corridor for Mexican Wolf Recovery. NM Wild

Or PDF file

June 4, 2018-
Importance of Gila National Forest For Mexican Wolf Recovery. Wildlands Network

New Analysis Demonstrates Importance of Gila National Forest-Northern Arizona Wildlife Corridor for Mexican Wolf Recovery. New Mexico Wild

WATER GRAB & SUPPORTING WEBSITES

From the NASA Solar Observatory

RECOMMENDED NM ORGANIZATIONS