2014-2015 -- Water Grab News

2014 SB007 - RELATING TO WATER; Requiring additional procedures in the application process for the diversion and use of water from the basin of origin for use outside that basin: providing for exceptions. Click Here
Related: Inter-basin Water Transfers
Related website: UNM "Water Matters"

January 13 - From the Green Fire Times:
“Return of New Mexico’s most highly contested water grab. The Office of the State Engineer is considering a third application from Italian billionaire Bruno Modena to speculatively appropriate more than 17 billion gallons of water every year – more than half of what Albuquerque used in 2013. The billionaire has already pulled his first two applications, but we’ll have to see if the third time’s the charm under State Engineer Tom Blaine. The NMELC

will continue to represent nearly 100 residents of west-central New Mexico in their bid to keep water in the public trust in this hugely important water case.”

If you feel inclined to do so, please let NMELC know how much we appreciate their efforts to stop the water grab, efforts that so far have been successful.

November 12 - we "won" the court case. The original 2008 application rejected by the state engineer stands. Albuquerque Channel 7, KOAT, was there with video and interviews.Click here for article and video

Channel 7, KOAT article

The issue from the NM Environmental Law Center: :
The New York-based company seeks to pump 54,000 acre-feet of water annually through thirty-seven 20” wells. The Law Center represents approx. 80 individuals and organizations in this case; our clients are concerned about the impacts of pumping on their water, on wildlife, springs, and on the Rio Grande and Gila Rivers, which are hydrologically connected to the San Augustin Plains—and which is the last undammed river in the Southwest.

SEPT 21 - NOTICE: 22nd MEETING POSTPONED
From Doug Meiklejohn of the New Mexico Environmental Law Center comes the following message:

an order has come from the District Court postponing the hearing on the motion to dismiss and remand. The reason for the order is that Peter White, who represents the Cuchillo Community Ditch Association, asked that the hearing be postponed because he will be out of the county this week. One good thing to know is if there is a business tie, formal or informal, between the "water grab" and the Santolina project in Albuquerque.

Sept 3 -
A hearing on the Augustin Plains Ranch's motion to dismiss and remand. As you can see, the hearing is set for 2:30 p.m. on
September 23rd at the courthouse in
Reserve. Motion To Dismiss

August 25 - News Flash: Note the legal section of the Chieftian. Owners of Cat Mountain Ranch want to drill three wells and take over 195,510,000 gallons of water per year out of there. This project is much closer to Magdalena than the APR.

On July 30, 2015 the Augustin Plains Ranch filed a Motion to “Remand and Dismiss with the State Engineer” at the 7th Judicial Court. The motion states “Appeal from a decision of the New Mexico State Engineer in OSE hearing No. 09-096”. You will remember that this decision, rendered by Judge Matthew Reynolds, upheld the State Engineer’s denial of APR’s application to mine water in the Augustin Plains.

Doug Meiklejohn, Director of the New Mexico Environmental Law Center, stated:

”We believe that it is important to oppose the motion because we think that the motion is really an effort to persuade the District Court Judge to vacate his ruling that upheld the State Engineer's denial of the Augustin Plains Ranch's application.”

Subsequently, on August 12, 2015 the New Mexico Environmental Law Center, on behalf of its clients filed “A Response in Opposition to Augustin Plains Ranch LLC’s Motion to Dismiss and Remand to State Engineer”. Mr. Meiklejohn has explained:

"The Augustin Plains Ranch, LLC now has 18 days from the date that each of the responses* to its motion was filed in which to file a reply to each response. ... It is possible that the Judge will set a hearing to have oral arguments on the motion, but I do not know whether that will happen or when the hearing will be if one is scheduled.”

This is the latest legal maneuvering on the part of APR. Download this announcement.pdf

July 19, 2015 -
water grab update:
People ask “What can we do?” Right now just become informed. The time will come when we will need to fight the Augustin Plains Ranch LLC application again. Information is important in that battle, and these articles are key to understanding the water situation in the west.

One thing everyone can do right now is watch for the announcement of that APR LLC application. The State Engineer will publish the application in the legal section of newspapers, but we don’t know where or when. So, everybody, watch your local papers wherever you are in New Mexico to be sure we don’t miss the appeal period!

June 30, 2015 -
Many of you already know that the Bernalillo County Commission has approved the Santolina Master Plan, Level A (Level B and Level C will refine the general provisions in the plan). Subsequently the Commission also approved the Development Agreement....
Full press releast here

May 7, 2015-
KUNM talk show on the Santolina Project

January 17, 2014 - Population growth in New Mexico is approaching zero—and other bad signs (Washington Post)

April 24 "Santolina" project update -

There is a project called Santolina in Bernalillo
County. We are convinced that the water will
have to come from outside the area for this
project should it be approved, and where
better than from the Augustin Plains. At the hearing in Albuquerque last March 25, we learned that Santolina will have an effect beyond the local area. The next hearing is
May 11 and our voices need to be added to those of the local people opposing this project.

An example of what you might say: "Water is
scarce in New Mexico. Why is there an
application to mine water in Catron County and
pipe it north to Albuquerque if there's plenty of
water there already to serve 99,000 new
people? Something doesn't add up here.
Please DO NOT approve Santolina."

Here is a summary of the project:
Summary.pdf or Summary.doc
Download a Map.jpg

Sign the Petition

March 23, 2015-

March Santolina Announcement

Download this announcement

March 18 -

March 18, 2015 Water grab update

February 26, 2014 -

Vote no on the Public-Private Partnership Act (HB 299), or any legislative attempts toward privatization.

Feb 5, 2015 - Update on SB 276: With regard to Senate Bill 276, the bill received a "do pass" recommendation from the Committee, and the vote was unanimous.

There is a bill pending in the State Legislature (Senate Bill 276) that would require the State Engineer to hold hearings on contested water rights applications in the county in which the water right at issue is located unless the parties to the proceeding agreed to have the
hearing elsewhere. The assumption is that the bill would make it easier for people protesting applications to deal with those applications.

ASAP, please let Doug Meiklejohn, the head of the NM Environmental Law Center, of your support for the bill SB 276 as soon as possible. His email is: dmeiklejohn@nmelc.org

January 21, 2015
The battle goes on ... and on ....
Why? Well, the Augustin Plains Ranch thinks we will quit and go away. If we do, they win.

Bruce Frederick, attorney defending us in battle, has won the first two rounds for us: two applications submitted to the Office of the State Engineer have been rejected.

Now there’s a third application.

The State Engineer has the application, but is not publishing it as he must do before it can be acted upon. He can sit on it indefinitely (and maybe hope we’ll go away?) and until it is noticed in local papers we cannot take any action. So here’s what we have to do: 1) watch the local papers for an announcement of the new application and 2) protest at that time.

Meanwhile, don’t give up. We can win if we hang in and work together. So far that’s what has happened; you have all been great through seven years of protests, court cases and games playing by the APR LLC.
012115-commentary

NM Environmental Law Center is supplying an attorney, Doug Meiklejohn, to fight the water grab. Click here

GEOLOGICAL AND WATER REPORTS

LEGAL AND TECHNICAL DOCUMENTS

OUT OF REGION CASE STUDIES

OUT OF REGION MEDIA STORIES

GEOLOGICAL AND WATER REPORTS

February 26, 2014 -

Vote no on the Public-Private Partnership Act (HB 299), or any legislative attempts toward privatization.

2014 WATER GRAB NEWS