9, 2017 -
Magdalena school board amends water grab protest... At the regularly
scheduled Feb. 13 meeting the board had discussed in executive
session withdrawing a letter filed with the Office of the State
Engineer protesting the Augustin Plains Ranch LLC planned project
to pump water from the San Augustin aquifer. Chieftain
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
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 the comment
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