Magdalena
- The day the water dried: (Updated April 2014) A
hydrogeologic perspective. 
| ||||||
WATER
LINKS Note:
The spelling varies:
NM
Environmental Law Center USGS
Library Materials for Water Resources Information. FDLP
list
and link to NM Water Resource Projects over the last 15 years Contra
Santolina - coalition of organizations opposing the Santolina development
in Albuquerque September
26 - Court case on motion to Dismiss and Remand rescheduled for November 12th
- Notice
attached here Sept
3, 2015 - current court case information:
Augustin Plains Ranch, LLC v. Scott A. Verhines, P.E.
La
Jicarita - NM Enviro. news IDE
- A private consultancy firm - watch for conflicts of interest.
Click here
November
4, 2016 -
Videos
from the October 26 meeting of WNRC: -
Video 1 of 12 - Chris Lindeen, Deputy General Counsel, Office of the State
Engineer (OSE) and Brett Bruton - local rancher -
Video 2 of 12 - Henry Edwards - local rancher -
Video 3 of 12 - Anita Hand, Catron County Commissioner WNRC Comments and questions -
Video 4 of 12 Watch
the 2nd district debate between Steve Pearce and Merrie Lee Soules
here:
GEOLOGICAL AND WATER REPORTSFeb.
7, 2016 - New geological report on the APR water. Click
here The
Global Water Grab: A Primer NM
Conference report in 2010 at Corbett Center: Water needs for the next decade -
2010 Interbasin
transfer projects: Impacts on communities and ecosystems - Bruce Thomson- UNM
2010 1972
- HYDROGEOLOGY OF THE SAN AUGUSTIN
PLAINS, NEW MEXICO An Independent Study Submitted In Partial Fulfillment of the
Requirements for the Degree of |
LEGAL
AND TECHNICAL DOCUMENTS |
OUT
OF REGION CASE STUDIES |
OUT
OF REGION MEDIA STORIES |
GEOLOGICAL
AND WATER REPORTS |
Bruno Modena,
Vittorino Modena,
| 2016-2023
WATER NEWS 4/11/24 - Woods: Potential buyers are not admissible evidence. Cheiftain or .PDF 4/5/24 - Judge denies pumping of water from the San Agustin Basin. Chieftain or .PDF 4/4/24 - Meiklejohn: Italian millionaire seeks financial gain. Chieftain .PDF version 2/22/24 - UNM study finds Santolina developers ‘likely overstated’ goals ... Bernalillo county commissioners had further questions after a 10-minute presentation. Source NM 1/17/24 - NOTICE IS HEREBY GIVEN that a hearing in this case has been set before the Honorable Roscoe A. Woods, as follows: Date of Hearing: Friday, 5th day of April, 2024 at 10:30 AM. Place of Hearing: 101 Main St - Reserve, NM 87830 Matter
to be Heard: 12/30/23
- 1/10/24 UPDATE: MEETING CANCELED!! NO TIME FOR NEW MEETING SCHEDULED YET.
12/15/23
- New filings. (See opinion summary Here) - Helen Hand and The Hand Trust's Reply to Augustin Plains Ranch's Consolidated Response to Appellees' Motions for Summary Judgement on The issue of Speculation. Here - Community Protestants' Reply to Augustin Plains Ranch, LLC’s Consolidated Response to Appellees' Motions for Summary Judgement. Here - Applicant-Appellant Augustin Plains Ranch, LLC’s, Consolidated Reply in Support of Its Second Motion for Summary Judgment. Here 12/14/23
- Three new response filings: - The Carol Pittman Protestants' Reply to The State Engineer's Response to the Carol Pittman Protestants' Motion for Summary Judgment. Here - Catron County Board of County Commissioners' Reply to the Applicant-Appellant Augustin Plains Ranch, LLC's Consolidated Response to Appellee's Motion for Summary Judgment. Here 11/1/23
- 10 New documents on APR water court case 09/22/23 - 6:31pm Applicant-Appellant Augustine Plains Ranch, LLC's Consolidated Response to Appellee's Motions for Summary Judgment. PDF 9/21/23 - The Carol Pittman Protestants' Response in Opposition to the Augustin Plains Ranch's Second Motion for Summary Judgment.PDF 7/19/23 9:32am Catron County Board of County Commissioner's Notice of Errata. PDF 7/14/23 - 3:25pm State Engineer's Motion for Summary Judgment. PDF 7/14/23 - 3:20pm State Engineer's Memorandum in Support of Motion for Summary Judgment. PDF 7/14/23 - 2:37pm Community Protestants' Motion for Summary Judgment. PDF 7/14/23 2:37pm-2 Community Protestants' memorandum in Support of their Motion for Summary Judgment. PDF 7/14/23
1:43pm Catron County Board of County Commissioner's Motion for Summary Judgment
and Memorandum in Support. PDF
7/13/23 - 10:54am The Carol Pittman Protest Group's Motion for Summary Judgment and supporting Memorandum. PDF 8/18/23 - Report finds agriculture uses 80% of NM’s fresh water. ... The report analyzed water use in the state and criticized dairies, alfalfa farming and pecan farming as, “egregious examples of water misuse.” SourceNM 7/23/23
- The Privatization of Water Is a Scam. British water companies
have loaded up with debt while pumping sewage into waterways, raising bills and
delivering huge profits to shareholders. This can only end by the government taking
water back from these corporations. Jacobin
6/2/23 - NM environmental agency bracing for water law changes. ... After landmark SCOTUS ruling limits what waters federal agencies protect under Clean Water Act, advocates concerned that NM is vulnerable. ScourceNM 5/18/23 - Protecting New Mexico’s Centuries-Old Water Democracy. ... In dry New Mexico, the traditional shared water system known as acequias are central to the struggle over the future of the commons. Popular Resistance 4/27/23 - San Agustin water group holds fundraiser. .... San Augustin Water Coalition, is sponsoring a 5K Run/1 Mile Fun Run/Walk on Saturday, May 6, to raise money to help with legal fees to help prevent Augustin Plains Ranch LLC (APR) from mining water from the aquifer beneath the San Agustin Plains, west of Magdalena. Chieftain or .pdf version 3/24/23
- The Legislative session is over, and thanks to your efforts SB337 passed!
We need to be aware that local representation for regional planning is the responsibility
of the Interstate Stream Commission, so we will need to be vigilant. For now,
those who have a minute to do so might want to thank our representative, Gail
Armstrong, for her support of good water bills. 3/13/23 - SB337 Update: This bill would give some local control to water planning activities and, if passed into law, could prevent large water grabs as is being attempted by the Augustin Plains Ranch LLC in northern Catron County. 3/12/23
- On Tuesday, March 14 the House Agriculture, Acequias And Water Resources
Committee will consider 3/5/23
- Augustin Water Coalition meeting. SAWC will have
a regular board meeting on Tuesday, March 7th at 6:30 p.m. at the Datil Christian
Cowboy Church in Datil. ... Agenda items include planning a fundraiser (Spring
Fun Run/Walk) in partnership with the Datil Volunteer Fire Dept. The public is
welcome to attend. - Eileen Dodson San
Augustin Water Coalition 3/5/23 - Water Legislation Update: March 6, at 1:30 p.m., Room 322, Senate Finance will hear SB 337 Water Security Planning Act. This is the highest priority water bill this session. It would establish a long-term framework for state-funded regional water security planning – community driven, science-based, and focused on resilience, sustainability, and equity. You’ll find talking points in the bill title above (from Middle Rio Grande Water Advocates and NM Water Ambassadors). Please email committee members today and call in the morning to urge them to vote “YES” on SB 337. More information: SB 337 Water Security Planning Act.pdf 2/19/23
- There is a hearing coming up on Tuesday regarding SB337, a bill to protect
water resources. The bill is named WATER SECURITY PLANNING ACT and is deserving
of our support. The hearing is before the Senate Conservation Committee Tuesday,
February 21, 2023 - 9:00 am. 2/7/32 - Rio Grande settlement proposal is in federal judge’s hand. ... The judge will not require parties to return to the negotiation table, but recommended states, federal government and irrigation districts consider hammering out their differences. SourceNM 1/26/23 - Legislation update: As you know, the hope is that legislation will pass (in this session) that will prevent the movement of massive quantities of water out of our community to benefit an international corporation financially. Below is a template that you can use to reach the appropriate Senator, and/or the appropriate Representative. Please contact them with your request to consider this issue (by post or by email). - Carol Pittman. Template.pdf or .DOC 1/2/2023
- Attached is a flyer about water legislation that will come before the 2023
legislative session. We have been very hopeful that such legislation would finally
appear, and now that it has, we must support it (think Augustin Plains while you
read the flyer). Read the flyer carefully, and if you have questions let me know
(pittray@gilanet.com) and I’ll do my best to find answers. I’ll let
you know how to support the legislation as the legislative session progresses.
12/8/22 - NM water experts: Upcoming legislative session ‘existentially important’ ... A group of local experts says the upcoming legislative session represents a crucial pivot point for the state’s water future. Source NM 9/28/22 - Without settlement, Rio Grande Supreme Court case returns to trial. Source NM 9/22/22 - Colorado water officials oppose New Mexico lawmakers’ push for federal action on the Rio Grande. ... Legislation proposed by New Mexico politicians eyes federal workgroup for Rio Grande. The Colorado Sun 8/29/22 - Settlement deadline looms in Rio Grande Supreme Court case. Source New Mexico 8/19/22
- Bernalillo County approves new Santolina plans despite public objections,
water access issues. ... Opponents urged electeds to reject ‘massive, unneeded
new development’ Source
New Mexico Download
.pdf 8/18/22 - Water rights case gets bounced back to District Court. Chieftain or Download .pdf 8/18/22 - Community Responds to Bernalillo County Commission Approval of Santolina Tire Dump. Contra Santolina press releast. Download.pdf 8/12/23
- Controversial Augustin Plains Ranch water project legal battles continue.
... The legal battles in a controversial water project are continuing as the state’s
Court of Appeals remanded it back to district court. 8/11/22 - SAWC heard on Thursday that the Court of Appeals has remanded the District Court's decision back to the DC because of an error with the way the DC turned the LLC's appeal down. Download Decision.pdf 7/28/22 - Appellate judges assigned to water case. Chieftain or .pdf version 7/22/22 - Rio Grande runs dry in Albuquerque for the first time in 40 years. Washongton Post Journal 7/20/22 - Climate Change Collides With Western Water Law. CounterPunch 3/16/22 - APR COA Panel Assignment Case A-1-CA-38615. Appeals hearing case A-1-CA-38515 .PDF 6/10/22 - Water Shortages Threaten Development in More Western Cities Pew Research 5/1/22 - San Augustin Water Coalition (SAWC) will hole their annual meeting in Datil May 21, 1PM at the high school. San Augustin Water Coalition 4/20/22 - “It’s Not a Drought, It’s Looting”: Water Rights Activists Organize in Mexico. ... Mexico is heading into the worst months of its dry season. Fifteen of 32 states are experiencing extremely high stress on water resources, as use surpasses the amount available. TruthOut 4/14/22 - Expanding Drought Leaves Western U.S. Scrambling For Water. ... One of North America’s longest rivers, the Rio Grande is another example of a waterway in the western U.S. that’s tapped out. HuffPost 4/11/22 - The Privatization of Water Is a Threat to Global Health. Jacobin 3/21/22 - Khanna-Warren Bill Would Ban Wall Street Profiteering on Water Scarcity ... The Future of Water Act, said Sen. Elizabeth Warren, would "protect water from Wall Street speculation and ensure one of our most. CommonDreams 12/20/21 - Related More Than 130 Groups Call on CFTC to Shut Down 'Dystopian' Water Futures Market ... In this time of global-warming-induced drought in California, the last thing we need is to gamble on our precious water resources." CommonDreams 3/21/22 - The Horrific Scam that Water Billionaires are Running on Poor Countries. ... Mega corporations like Coca-Cola, Pepsi, and Danone are making around 494 times what they spend by bottling water in Mexico and selling it back to locals who have no choice but to buy it. CounterPunch 1/25/22 - ‘Corporate vultures’: how Americans fearing higher water bills are fighting takeovers. ... Corporations are trying to privatize dozens of public water utilities around the US, capitalizing on the financial troubles of cities The guardian 1/21/22 - From Gail Armstrong"I’m pushing to fund the water data act. There is lots of additional funding being put in the office" - Thank Gail for her efforts at : gail@gailfornewmexico.com 1/17/22
- Press
Release.PDF. 1/1/22- Indigenous feminism flows through the fight for water rights on the Rio Grande. ... An intergenerational group of Pueblo women lead the way on water policy along the Middle Rio Grande Valley. HCN 12/24/21 - There’s Only One Essential Role Humans Have on Earth: a Humbler Perspective Could Save the World. CounterPunch 9/1/21
- What’s Next for the Santolina Development? 3/5/18 - Federal government may fight alongside Texas in water dispute, U.S. Supreme Court rules ... The ruling is an apparent victory for Texas in a legal battle that has dragged on for more than five years. The states are bickering over the distribution of water from the Rio Grande. Those allocations are laid out in the 1938 Rio Grande Compact. The Texas Tribune or PDF version 9/20/21 - A New Water Source That Could Make Drought a Thing of the Past. ... Oceans of water are beneath our feet, and new technologies are extracting it economically without ecological damage. ScheerPost 4/28/21
- Supreme Court
Refuses to Review State Court of Appeals Ruling that Invalidated Zoning Change
for Proposed Santolina Development. Download.pdf
April 17, 2020 - US West Prepares For Possible First Water Shortage Declaration. AZ, NV could see their first mandatory water use caps as climate change leaves the Colorado River at a historic low. HuffPost. April 12, 2021 - Critics Warn $15 Billion Merger of Global Water Giants Would Create 'Dangerous Corporate Monopoly'... "Veolia's plan to dominate public water services all across the globe is becoming a terrifying reality." CommonDreams
March
16, 2021 - February
24, 2021 - February
19, 2021 - February11, 2021- State tells farmers, don’t plant if not necessary. Chieftain. Download PDF version . (Comment - this is a threat to those opposed to moving water from APR. It supports the idea APR can help directly or indirectly, keep the river flow up as it heads south to TX) February 11, 2021 - Protests in Los Lunas over proposed water usage increase at Niagara Bottling plant. KQRE Update: Niagara apparently withdrew its request today November
24, 2020 - August
12, 2020 - June
10, 2020 - May
21, 2020 - May
21, 2020 - February
25, 2020 - February
18, 2019 - January
26, 2020 - January
24, 2020 - January
16, 2019 - January
15, 2020 - January
10, 2020 - APR Update
- To
that end, we have started spending the money raised to hire a hydrologist. As
you may remember, Tom Myers has been here and looked at the situation on the ground.
We have now asked him to put together a model of the hydrology of the Plains aquifer
so that we can be prepared if the Appellate Court decides there should be a hearing
on the substance of the application. I don’t know anyone attempting to say
what the Court will do, so we must be prepared for every possibility.
December
30, 2019 - December
19, 2019 - December
19, 2019 - December
17, 2019 - December
5, 2019 - December
4, 2019 - November
26, 2019 - November
20, 2019 - November
13, 2019 - November
8, 2019 - -
The State Engineer's Notice of Completion of Briefing. -
State Engineer's Reply to Consolidated Reply to Responses to Motion to Reconsider.
Download
-
Updated list of all court filings as of Nov 8, 2019 October
29, 2019 - October
22, 2019 - October
12, 2019 - October
9, 2019 - -
The Community Protestants' Response to State
- Latest
court filing list in APR v Blaine Download
October
3, 2019 - September
26, 2019 - “The
Augustin Plains Ranch filed an appeal to the Court of Appeals. The Ranch is seeking
to have the Court of Appeals rule that Judge Reynolds made the wrong decision.
We do not know the specific grounds that the Ranch will argue, but the gist of
the appeal will be that Judge Reynolds made one or more mistakes and the Court
of Appeals should reverse his ruling. September
23, 2019 - State
Engineers Motion to Reconsider - Download
NOTICE
OF APPEAL - Pursuant to Rules 12-201 and 12-202 NMRA and NMSA 1978 Section 72-7-3
(1923),
August
28, 2019 - Plains of San Agustin aquifer safe .. for now. Chieftain August 23, 2019 - Final order granting summary judgment in favor of the Community Protestants and the Catron County Board of County Commissioners and dismissal with prejudice. (heart of the matter): "THE COURT FINDS THAT" ... 1 - The motions for summary judgment filed by the Community Protestants and Catron County are granted; 2 - All other motions for summary judgment are denied as moot; and 3
- APR's appeal from the State Engineer's August 1, 2018 Order denying the Augustin
Plains Ranch's 2014/2016 Application to appropriate groundwater is dismissed with
prejudice. Download
the 6 page document August
22, 2019 - Cibola forest plan meeting in Magdalena. ... An open house meeting
to discuss the Draft Plan and draft of the Environmental Impact Statement will
be held Tuesday, Sept. 17, 2109 at Magdalena Schools' Fine Arts Center, from 5-7
pm Chieftain
August
21 2019 Update: Clarification - In response to the request of Judge Reynolds
to write an order denying the Augustin Plains Ranch LLC’s application to
mine water in the San Augustin basin, the New Mexico Environmental Law Center
and the Catron County Board of County Commissioners submitted its order by the
August 20 deadline. See pages 7-8 in the submission - Download
Aug. 14, 2019 document August
14, 2019 - August
14, 2019 - Augustin Plains update 1
Judge Reynolds issued a Memorandum Decision on Motions for Summary Judgment on
July 24 The Judge can select an order or he can write his own. There is no deadline for the Judge Once
the Judge issues an order the APR will have 30 days to file an appeal to the Court
of Appeals, if they choose to do so Note:
A court order is an official proclamation by a judge that defines the legal relationships
between the parties to a hearing, a trial, an appeal or other court proceedings.
A final order concludes the court actions. Download
news August
14, 2019 - August
13, 2019 - Augustin Plains update 1
Judge Reynolds issued a Memorandum Decision on Motions for Summary Judgment on
July 24 The Judge can select an order or he can write his own. There is no deadline for the Judge Once
the Judge issues an order the APR will have 30 days to file an appeal to the Court
of Appeals, if they choose to do so Note:
A court order is an official proclamation by a judge that defines the legal relationships
between the parties to a hearing, a trial, an appeal or other court proceedings.
A final order concludes the court actions. Related: Congratulations! Judge Reynolds ruled in our favor on the Augustin Plains Ranch application. From
pp 5-6 of the Judge's Memorandum, is the part you will find of greatest interest:
August
8, 2019 - August
3, 2019 - August
1, 2019 - August
1, 2019 - August
1, 2019 - July
30, 2019 - Note: Potential APR options going forward. The APR can file again an "arguably new" application. For example, they could file the same application but say that the water would go to T or C. Or they could file a real new application. July
31, 2019 - July
25, 2019 - Congratulations! Judge Reynolds ruled in our favor on the Augustin Plains Ranch application. From
pp 5-6 of the Judge's Memorandum, is the part you will find of greatest interest:
July
24, 2019 -
July
16, 2019 - July
15, 2019 - I
also want send out a big THANK YOU for two generous, anonymous contributions to
our effort to defeat this dreadful water mining application. The New Mexico Environmental
Law Center donates attorney time to us, but asks that we cover the expenses related
to our case (mailing, copying ,travel, lodging). Your donations make this possible.
So thank you to our anonymous donors, and to all of you who contribute. You’re
making it possible for us to keep fighting!
July
11, 2019 -
June
21, 2019 - Scheduling order for the court hearing on June 26th. The Judge
has limited the four parties: Protestants, Catron County, APR and OSE to a total
of 25 minutes to present protestants arguments. Protestants representative may
only reserve up to 5 minutes out of the 25 minutes for rebuttal. Order of argument:
APR, OSE, "Us", Catron County. OSE will not have the final word. June
18, 2019 - APR vs
Blaine Court Documents update Download June
19-2019 - War over old Water - Albuquerque
Jorunal June
13, 2019 - APR vs
Blaine Court Documents update. Download
June
1, 2019 - APR vs
Blane filings update Download
June
1, 2019 - There will be a regular meeting of the Board of the San Augustin
Water Coalition on Tuesday, June 11th, at 6:00 p.m. at the Datil Baptist Church.The
public is always welcome. - We
will discuss comments from the April annual meeting as well as the upcoming hearing
in Reserve on June 26th. Coalition
website May
17, 2019 - APR Update May
10, 2019 - APR v Blaine court actions update Download
2018
NM Enviromental Law Center impact report Download
April
24, 2019 - APR Update re: Joinders Download
April
12, 2019 - Blaine v. APR Court case details updated Download
April
5, 2019 - NM Environmental Law Center Green Fire Report 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 February
22, 2019 - Next APR v Blaine court hearing in Reserve on June 26, 2019 at
10.30AM Latest
court actions here 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. 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.
1 - By 3/15/19 - Amended
Motion for Summary
February
11, 2019 - TAKE ACTION TODAY!
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. 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
9, 2019 - Water Batttle - Summary judgment sought - Chieftain
January
31, 2019 - From the NM Enviromental Law Center: January
22, 2018 - Document dated January 17, 2018: January
16, 2019 - APR hearing in Reserve update - 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 January 7, 2019 - APR, LLC Update: (water grab) 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. Related
documents: December
6, 2018 - Southwest Climate Change Report December
3, 2018- We need to explore clean renewable energy. Ward McCartney letter
to the Chieftain
December
3, 2018 - Why water will be the next battleground in the fight against climate
change. ... In the third part of our series looking at the climate
report Trump tried to bury over Thanksgiving, we look at its alarming projections
for our water supplies. Guardian
Last
Ditch Standing: A tale of water inequality in the West. River
of Lost Souls November
1, 2018 - An Aquifer From the Ice Age Becomes a Battleground in New Mexico.
EcoWatch 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 - October
8, 2010 - The Race to Buy Up the World's Water. NewsWeek
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 -
October 9, 2018 - San Augustin Water Coalition Meeting Tuesday, October 9th 6 p.m. at the Datil Baptist Church. (2012)
Protecting Resources
for Land-Based People: The New Mexico Water-Transfer Conundrum. October
4, 2018 - While
Nestlé extracts millions of litres from their land, residents have no drinking
water.
September
25, 2018 - As New Mexico Reservoirs Hit Bottom, Worries Grow Over the Future.
... The state’s reservoirs have done their job to help water users survive
record drought in 2018. Now they are almost totally dry, and tensions are building
over the year ahead. ‘Climate change is really happening,’ one water
official says. News
Deeply September
20, 2018 - (August
31, 2018) Santolina development takes another step forward. ... Bernalillo County
Commission approved Santolina’s first Level B Master Plan on (Aug. 29, 2018)
... bringing the massive 21-square-mile development southwest of Interstate 40
and 118th Street one step closer to fruition. Albuquerque
Journal September
19, 2018 - Monsoon
Storms, Key to Recharging Groundwater, May Become Less Common. ... A new study
has revealed that monsoons in the Southwest have already become less common but
more extreme in nature, posing new challenges for water managers eager to capture
crucial runoff. News
Deeply September
17, 2018 - In New Mexico, Move to Reuse Fracking Water Stirs Cry for Transparency.
... The state formed a working group, with the blessing of the U.S. Environmental
Protection Agency, to find ways to reuse wastewater from natural gas fracking
wells. But concerned citizens say the process needs more daylight. September
17, 2018 - State
says no to APR hearing - Chieftain
August
14, 2018 - New Mexico Groundwater Diversion Plan Rejected as ‘Water Speculation’.
...Augustin Plains Ranch wanted to build 37 wells and a pipeline to deliver groundwater
from remote Catron County to the Albuquerque metro area. For the third time, the
state engineer found the plan would violate New Mexico law. News
Deeply (2012)
Protecting Resources for Land-Based People: The New Mexico Water-Transfer Conundrum.
Poverty
Law August
31, 2018 - Santolina development takes another step forward. ... Bernalillo
County Commission approved Santolina’s first Level B Master Plan on (Aug.
29, 2018) ... bringing the massive 21-square-mile development southwest of Interstate
40 and 118th Street one step closer to fruition. Abq
Journal . August
4, 2018 - NM water
boss dismisses Augustin Plains Ranch water application as ‘speculative’ August
1, 2018 - Giving Back to the Rio Grande, One Deal, One Drop at a Time. ...
With a dismal snowpack this year and parts of the Rio Grande running dry, a new
deal among an environmental group, municipalities and businesses in New Mexico
will help restore some flows for the river to benefit the ecosystem and endangered
species.
August
20, 2018 - Water Protectors Charged With Felonies Under Louisiana’s Anti-Protest
Law. TruthOut
August 5, 2018 -
Battle for Water Rights Heats Up in El Salvador.
July
27, 2018 - Navajo
Nation Substitution of Counsel notification July 16, 2018
- Oil Boom in Southern New Mexico Ignites Groundwater Feud With Texas. ...
Drilling new water wells is strictly regulated in New Mexico, causing hardship
for an oil industry that needs water for fracking. So groundwater is being piped
across the state line from Texas, prompting worry over the shared aquifer. News
Deeply July
2018 - Bosque Del
Apache news
letter. DANCE
FOR WATER!! Also, another Pendleton blanket has been donated for a raffle. This one is a limited edition "Weaver's Series #1" designed by Navajo weaver, Roselyn Begay. Tickets are $5.00 each, or 5 for $20.00. It will be displayed at the dance, and at subsequent events. Drawing will be held the Saturday after Thanksgiving. May
30, 2018 - APR watr grab update from Carol Pittman: The proposed project by the Augustin Plains Ranch LLC (APR LLC) is one which we, the community, must fight on three fronts. 1) The legal front. We have twice won on this front because we have had top-notch representation by the New Mexico Environmental Law Center. NMELC continues to represent us and should you have a couple of bucks to spare, a donation would help us meet our expenses (travel, court filings, copying, mailing). Here is a link to their website: http://www.nmelc.org/ You can also send a check to NMELC, 1405 Luisa St., Suite #5, Santa Fe NM 87505. In either case be sure to indicate that your donation if for the “Augustin Plains account.” 2) The second front we must fight on is the technical front. As you may know, the APR LLC has engaged Occam Engineering to conduct a hydrological study of the Plains. Occam Engineering is corporate president Scott Verhines, the former State Engineer who denied the APR LLC’s application, and Estevan Lopez, former head of the Interstate Stream Commission, a protestant of the application. These two men have changed sides. We, therefore, must do our own hydrological study. If you’d like to contribute to our hydrology fund, there are two ways to do that. Make a donation to the San Augustin Water Coalition, PO Box 613, Datil NM 87821. Designate your donation for the “Hydrology Fund.” OR, go on line to the Southwest Research and Information Center http://www.sric.org/ and contribute to the Augustin Plains account. SRIC administers our grant funds, but also takes individual donations. The investment you make to save our community will also protect the investment you’ve made in your home and/or business. 3)
The third front in our water battle is political. While I'm not suggesting that
anyone be a one-issue voter, I do suggest that you consider voting for those who
stand with our community on this issue. If this project is approved it will set
a precedent that can harm all of New Mexico's rural communities. April
26, 2018 - Augustin Plains Ranch OpEd makes astounding claims -
Download.pdf
April
26, 2018 - 'We'll survive': Officials: Farmers have water despite early drying
Rio Grande - Download
April
18, 2018 - APRIL 17, 2018 -
April
6, 2018 - April
5, 2018 - Despite Overwhelming Opposition From Residents, Michigan Permits
Nestlé to Draw More Groundwater for Bottling. ... Out of 81,862 comments
filed, only 75 were reportedly in favor of granting the permit. AlterNet
April
5, 2018 - Navajo water ruling will be appealed to NM Supreme Court. An attorney
for non-Indian water users in northwest New Mexico says he will appeal a decision
by the New Mexico Court of Appeals upholding an agreement between the Navajo Nation
and state government settling Navajo water rights claims in the San Juan River
basin. April
4, 2018 - Letter from Rep Gail Armstrong to Zinke, head of the Deptartment
of the Inetrior regarding the removal of their "objection" to the APR
project. Armstrong
Letter April
2, 2018 - Water grab on the plains of San Agustin. Letter to the editor by
Sen. Martin Heinrich. Chieftain
March
24, 2018 -
The
Panelists left to right: VIDEOS March
27, 2017 - Letter from Senator Heinrich to US IN terrior re: Interrior removing
APR form their "protest" to the project. Download
here |
December
13, 2017 |
APR Protestants' Motion for Summary Judgment and Related Documents (In date order)September
27, 2017 - October
4, 2017- From the
office of the State Engineer: October
6, 2017 - New OSE
Documents. October
10, 2017 - Update on: October
11, 2017 - October
13, 2017 - Joinder
- Pecos Valley Artesian Conservancy Districts and NM Farm & Livestock Bureau
and Catron County Farm and Livestock Bureau's.... October
13, 2017 - Joinder by the Pueblos of San Felipe, Santa Ana, Sandia, and Isleta
in the Community Protestants' Motion
for Partial Summary Judgment October
16, 2017 - WildEarth
Guardians Joinder. October
16, 2017 - Entry of Appearance of Co-counsel for the Navajo Nation and Navajo
Nation's Joinder in the Community Protestants' October
18, 2017 - Catron County Commission. Three documents - : October
20, 2017 - October
26, 2017 - October
26, 2017- October
30, 2017 - Document
from APR attorneys Montgomery& Andrews and Draper and Draper. In the matter
of the Corrected Application filed by APR LLC for Permit to Appropriate Groundwater
in the Rio Grande Underground Water Basin in the State of New Mexico - Document
title: Applicant's Consolidated Response in Opposition
to the Environmental Law Center Protestants' Motion for Summary Judgement (62
pages) November
1, 2017 -
November 2, 2017 - October 30, 2017 Document from APR attorneys Montgomery&
Andrews and Draper and Draper. In the matter of the Corrected Application filed
by APR LLC for Permit to Appropriate Groundwater in the Rio Grande Underground
Water Basin in the State of New Mexico - Document title: Applicant's Consolidated
Response in Opposition
to the Environmental Law Center Protestants' Motion for Summary Judgement November
6, 2017 - November
8 2017 - from OSE: Response
to Catron County Motion for Summary Judgment. November
18, 2017 - November
24, 2017 - Catron County Board of County Commissioners' Reply in Support of
Motion for Summary Judgment - From
Domenici Law Firm. November
29, 2017 - New motions: December
4, 2017 - From Wild Earth -
Protestant WildEarth Guardians' Reply to Applicant's and Water Right Division's
Responses to the Community Protestants' Motion for Summary Judgment. December
6, 2017 - from OSE - Entry
of Appearance for Christopher Lindeen, OSE Litigation Unit. December
7, 2017 -
OSE Unopposed Motion for Telephone Appearance at Dec 13th hearing on behalf of
NM and Catron County Farm and Livestock Bureaus. December
12, 2017 - December
13, 201 7 - (3 Documents) - Entry
of Appearance - Christopher
D Shaw of NM Interstate Stream Commission and related: Withdrawal
of Counsel - Kim Bannerman Interstate Stream December
14, 2017 - December
15, 2017 - |
December 7, 2017
- Catron
County files motion for oral argument. Chieftain
November
29, 2017 - New motions:
1
- from
office of Montgomery, Draper, et al - APR reply to response to the New Mexico
Environmental Law center motion for Summary Judgment
November
24, 2017 -
Catron
County Board of County Commissioners' Reply in Support of Motion for Summary Judgment
- From
Domenici Law Firm.
November
23, 2017 -
Water
fight continues with oral arguments scheduled
Chieftain
November
18, 2017 -
NOTICE
OF HEARING - Please addend to show support - Oral Argument for both Motions for
Summary Judgment matter is scheduled to commence at 1pm on Wed, December 13, 2017,
in Reserve, NM.
OSE
Notice of Oral Argument
November
17, 2017 -
Mining
fossil water will leave community 'high and dry - by Carol Pittman
November
8 2017 - from OSE:
Response
to Catron County Motion for Summary Judgment.
November
6, 2017 -
Water
Rights Division rejects protestants’ arguments . ... Another round of legal
wrangling took place at the Office of the State Engineer. Chieftain
November
6, 2017 -
From
OSE: Water
Rights Division Response to Catron County's Board of County Commissioners' Motion
for summary Judgement.
November
6, 2017-
Bureau of Geology & Mineral Resources -
Hydrogologeologic Projects in New Mexico
NMBGMR Magdalena
information
San Agustin
Plains & Alamosa Creek Study
November
2, 2017 -
October
30, 2017 Document from APR attorneys Montgomery& Andrews and Draper and Draper.
In the matter of the Corrected Application filed by APR LLC for Permit to Appropriate
Groundwater in the Rio Grande Underground Water Basin in the State of New Mexico
- Document title: Applicant's Consolidated Response in Opposition
to the Environmental Law Center Protestants' Motion for Summary Judgement (62
pages)
Errata
(4 pages)
Exhibits
A Thru H in ZIP format
Exhibits
H-1 Thru O zip format
Or, exhibits can be downloaded from the
Montgomery
& Andrews website
Click here)
(recommend only download 4
at a time)
November
1, 2017 -
Water
Rights Division's Response to the NMELC Protestants' Motion for Summary Judgment
October
27, 2017 -
Sen. Pearce signs this legislation:
Congressmen push Jeff
Sessions to call environmentalists terrorists. ... Four Democrats join 80 Republicans
on letter asking the Attorney General to treat pipeline sabotage as domestic terrorism.
ThinkProgress
.
October
26, 2017-
Order
(from Office of the State Engineer) Granting Extension of Time.
October
20, 2017 -
A
list of Parties Entitled to Notice from OSE
Bureau
of Geology & Mineral Resources -
Hydrogologeologic
Projects in New Mexico
NMBGMR Magdalena
information
San Agustin
Plains & Alamosa Creek Study
October
18, 2017 -
Water Politics comment clipped from from NM Blogspot.
(Original
article here dated October 18) Related:
August 31, 2017 - Santolina takes Another Step Forward. Abq
Journal
New
Mexico Governor Martinez Accused of "Wholesale Disregard of the Law"
... "Martinez is an environmental demon with this huge industrial agenda."
... Members of her administration routinely - and quite aggressively - opposed
measures designed to protect our water supply. TruthOut
New
Mexico Project Would Pipe Rural Groundwater 150 Miles to Big City. ... An absentee
property owner aims to tap ancient groundwater for delivery to Albuquerque, but
ranchers in the arid valley worry it will dry up their livelihood and the water
will never return. Daily
Kos
or Website
Wall
Street Cash Flows Into New Mexico, Despite Pay-To-Play Rule. MapLight
New
Mexico Project Would Pipe Rural Groundwater 150 Miles to Big City. ... An absentee
property owner aims to tap ancient groundwater for delivery to Albuquerque, but
ranchers in the arid valley worry it will dry up their livelihood and the water
will never return. Daily
Kos
or Website
Example
of proposed law changes in Nevada worth reviewing:
Statutory
Changes Proposed to Legislative Commission Subcommittee to Study Water
October
19, 2017 -
Water
Politics comment clipped from from
NM Blogspot.
(Original
article here dated October 18) Related:
August 31, 2017 - Santolina takes Another Step Forward. Abq
Journal
New
Mexico Governor Martinez Accused of "Wholesale Disregard of the Law"
... "Martinez is an environmental demon with this huge industrial agenda."
... Members of her administration routinely - and quite aggressively - opposed
measures designed to protect our water supply. TruthOut
Wall
Street Cash Flows Into New Mexico, Despite Pay-To-Play Rule. MapLight
New
Mexico Project Would Pipe Rural Groundwater 150 Miles to Big City. ... An absentee
property owner aims to tap ancient groundwater for delivery to Albuquerque, but
ranchers in the arid valley worry it will dry up their livelihood and the water
will never return. News
Deeply
or Website
October
18, 2017 -
Catron
County Commission. Three documents - :
- Notice
of Joinder.(9 pages)
- Unopposed
Motion for Deadline Extension
- Catron
County Board of County Commissioners Motion for Summary Judgment and Memorandum
in Support
(32 pages)
October
16, 2017 - WildEarth
Guardians Joinder.
Entry
of Appearance of Co-counsel for the Navajo Nation and Navajo Nation's Joinder
in the Community Protestants' Motion
for Summary Judgment.
October
13, 2017 - Joinder
- Pecos Valley Artesian Conservancy Districts and NM Farm & Livestock Bureau
and Catron County Farm and Livestock Bureau's....
Seeking Summary Judgment
Joinder
by the Pueblos of San Felipe, Santa Ana, Sandia, and Isleta in the Community Protestants'
Motion
for Partial Summary Judgment
October
12, 2017 - 3 members
of Interstate Stream Commission resign in 24 hours. ... The resignations of three
members of the Interstate Stream Commission, including allies of Republican Gov.
Susana Martinez, follow the departure of several senior water policy staff members
from state government in the past year. Santa
Fe New Mexican
October
11, 2017 - Joinder
in Community Protestants' Motion for Summary Judgment (Advocates for Community
& Environment
Example
of proposed law changes in Nevada worth reviewing:
Statutory
Changes Proposed to Legislative Commission Sub-Committee to Study Water
October
10, 2017 - Update on:
Community
Protestants' Response in Opposition to the APR Expedited Motion to Extend Briefing
Deadlines on the ELC Protestants' Motion
for Summary Judgment
And - The Community Protestants' Supplemental
certificate of Service
Connecting
the Santolina dots - who gets paid off - who does the paying. Eye
on Albuquerque
October
6, 2017 - New OSE
Documents.
Order Adopting Briefing Schedule and Order dismissing certain protestants.
View
both
Connecting
the Santolina dots -
Eye
on Albuquerque comments on Santolina
FYI:
1877
Desert Land Act
Related:
São Paulo
- anatomy of a failing megacity: residents struggle as water taps run dry …
In the first in a series looking at Brazil's largest city, Claire Rigby reports
that many paulistanos are hoarding water in their apartments - and some are even
drilling homemade wells - as they prepare for possible rationing.
Guardian
Basic
issues on Santolina still unresolved Abq
Jrnl
The
scent of Santolina has now entered the mayor’s race… Contradictory politics,
flip flopping, and two faced politics that have reached new depths.. We connect
the dots on the political attacks on Tim Keller. Eye
on Albuquerque
October
4, 2017 - Why does Barclays want to build a city in the middle of the New
Mexico desert? ... Santolina, a planned 38,000-home mega-development on the outskirts
of Albuquerque, has got local residents deeply concerned that it will suck up
desperately needed water amid warnings of a future megadrought. Full
story from The Guardian
October
4, 2017 - From the
office of the State Engineer:
Partially
Unopposed Motion Requesting An Extension of the Time to Fill Response (see
below)
The Community Protestants Motion for Summary Judgment (On APR application
Part
1 of 2
Part
2 of 2
Related
links:
http://mesadelsolnm.com/
- a new development
August
16, 2018 -
Controversy
Swirls Around Santolina Wat er Plan Delay (KUNM)
Santolina
Master Plan (Bernalillo County website)
Related:
São Paulo - anatomy of a failing megacity: residents struggle as water
taps run dry … In the first in a series looking at Brazil's largest city,
Claire Rigby reports that many paulistanos are hoarding water in their apartments
- and some are even drilling homemade wells - as they prepare for possible rationing.
Guardian
October
2, 2017 -
Comments
on the September 29, 2017, public meeting with the State Engineer.
Handouts at the meeting:
-- Instructions
for Parties in State Engineer
Administrative Hearings
-- Scheduling
Order
September
29, 2017 -
Partially
Unopposed Motion Requesting An Extension of the Time to Fill Response (To
9/27/17 "the community pro test ants Motion for Summary Judgment" below)
September
28, 2017 - San Augustin Plains water, aquifer focus of meeting. Chieftain
September
27, 2017 - The Community Protestants Motion for Summary Judgment (On APR application
Part
1 of 2
Part
2 of 2
September
22, 2017 -
San
Augustin Plains water, aquifer focus of meeting
Chieftain
September
21, 2017 -
REMINDER:
THERE IS A HEARING ON THE WATER GRAB (APR) PROJECT AT MACEY CENTER, AT NEW MEXICO
TECH, THURSDAY, SEPTEMBER 28, 6PM.
PLEASE COME!!! WE NEED TO SHOW UP AND MAKE IT CLEAR THAT OUR INTERESTS ARE IMPORTANT.
The purpose of this hearing, according to the State Engineer’s Scheduling
Order is “to provide information on the administrative hearing process, alternate
dispute resolution, and to provide APR an opportunity, if amenable, to a description
and summary of its application, and for protestants to succinctly state their
positions other than those stated in the respective protest letters.”
It appears that APR will have the opportunity to make a presentation while
we may be limited in who can speak and what we can say. Very, very important that
we show up in large numbers!!!
View
of (SEC) contract harmful? The City of Socorro’s offer to buy out Socorro
Electric Cooperative is the reason behind the Co-op’s decision not to let
City Administrator Donald Monette review its contract with Tri-State Energy last
month.
Chieftain
Related: July
2016- Tri-State presentation to SEC
September
7, 2017 - New Mexico
Project Would Pipe Rural Groundwater 150 Miles to Big City. ... An absentee property
owner aims to tap ancient groundwater for delivery to Albuquerque, but ranchers
in the arid valley worry it will dry up their livelihood and the water will never
return.
News
Deeply
.pdf
version
August
28, 2017 - Rio Grande Aquifer System. Composite Hydrograph Well Location Map.
USGS
August
25, 2017 - Hydrogeology of the San Agustin Plains
by Alex Rinehart, Daniel
Koning and Stacy Timmons. New Mexico Bureau of Geology. 62nd New Mexico Water
Conference August 16, 2017. Download
Augusst
25, 2017 Sen. Udall speaks at water conference. Chieftain
August
17, 2017 - Pence's
Indiana 'Cautionary Tale' for Privatizing Infrastructure Projects. White House
plan touts partnerships with private sector while Indiana residents navigate aftermath
of roadway privatization approved by Pence, their former governor. CommonDreams
August
11, 2017 - New
Mexico State Engineer Scheduling Order. issued August 10, 2017
August
4, 2017 - Rural residents continue decade-long battle against San Augustin
Ranch water project.
NM
Political Report
.pdf
version
Related: 1994 USGS Report: Geohydrology of the San Agustin Basin, Alamosa
Creek Basin upstream from Monticello Box, and upper Gila Basin in parts of Catron,
Socorro, and Sierra Counties, NM. Download
Next stop
for Texas-NM water dispute: Supreme Court. NM
Political Report
.pdf
version
City
(Jal, NM) gave ranch million-dollar water discount, documents show. NM
Political Report
.pdf
version
(See related articles at the bottom of the NM Political Report website)
Maps
of declared groundwater basins home page - home page
Map
of NM Basins
(takes a few seconds to load.
When done there is an outline of basins in NM)
Over
view of basins in NM.
Albuquerque
Journal - Boarder Aquifers |
July
6, 2017 - Court
Throws Out Feds’ Misguided Policy Limiting Prosecution of Killers of Endangered
Wildlife. ... Late yesterday, a federal judge threw out the Department of Justice’s
flawed ‘McKittrick Policy’ under which the government only prosecuted
killers of animals on the Endangered Species Act’s (ESA) list of imperiled
species when it could prove the killer knew the exact biological identity of the
species s/he was harming. The decision came as a result of a challenge brought
by WildEarth Guardians and the
New
Mexico Wilderness Alliance in 2013.
July
4, 2017 - Water
and National Security - Council on Foreign Relations Discussion Paper.
Note: CFR
is a neo-liberal "think tank" (sic). These are not supporters of honorable
values.
June
29, 2017 - City
releases electric utility feasibility study -
Chieftain
In
light of the Socorro City Council's recent release of its long awaited electric
feasibility study, Mayor Ravi Bhasker issued a formal letter to the Socorro Electric
Cooperative at its regular bi-monthly meeting. Chieftain
Download
the full report
or visit the Socorro city website. City
website.
Navajo
power plant likely to close despite Trump’s promises to save coal. Raw
Story
Climate
change is shrinking the West’s water supply ... Three new studies show dry
times ahead.
High
Country News
Can
private money solve public water problems?
As facilities age and public funding
declines, private companies may step in.
High Country News
June
28, 2017 -
Climate
change is shrinking the West's water supply. High
Country News
June
26, 2017 - Hundreds
file protests against water application. Chieftain
I
would like to post a reminder of a meeting of the San Augustin Water Coalition
(SAWC) in Datil on June 27th at 6:00pm at the Datil Baptist Church. Everyone is
welcome.
Thank you, Linn Kennedy Chair
-----------------
As you are
aware from the recent meeting of the San Augustin Water Coalition, well monitoring
is a good idea for all of us. Monitoring will give us data that we will need to
show "impairment" if the APR get their project approved (heaven forbid!).
Below is a message from the folks in the East Mountains who are also fighting
a water grab attempt. I thought you might like to know their take on monitoring.
Note that the Office of the State Engineer is reluctant to use the data.
By joining the well-monitoring effort we become added pressure to force the OSE
to pay attention.
Carol Pittman P.S. If you need another copy of the Well
Monitoring flyer from NM Tech, let me know and I will send it. pittray@gilanet.com
NMT
- Aquifer Mapping Program
Well
monitoring brochure
North
14 Deep Well Protest (E. Mountains)
June 26, 2017 -
Hundreds
file protests against water application.
Chieftain
I
would like to post a reminder of a meeting of the San Augustin Water Coalition
(SAWC) in Datil on June 27th at 6:00pm at the Datil Baptist Church. Everyone is
welcome.
Thank you, Linn Kennedy Chair
-----------------
As you are
aware from the recent meeting of the San Augustin Water Coalition, well monitoring
is a good idea for all of us. Monitoring will give us data that we will need to
show "impairment" if the APR get their project approved (heaven forbid!).
Below is a message from the folks in the East Mountains who are also fighting
a water grab attempt. I thought you might like to know their take on monitoring.
Note that the Office of the State Engineer is reluctant to use the data. By joining
the well-monitoring effort we become added pressure to force the OSE to pay attention.
Carol Pittman P.S. If you need another copy of the Well Monitoring flyer
from NM Tech, let me know and I will send it. pittray@gilanet.com
From
the Deep Well Project: -
Sara Chudnoff was with Bernalillo County, hired
by Dan McGregor to expand the well monitoring program here - and expand it she
did. She is great to work with and I'm really glad she will be putting together
a well monitoring program around the state. Here, she expanded the program to
200 wells, which are monitored at least twice a year using proper methods. And
that program has documented a reduction in water levels all over the area of about
2 feet per year - a number which should qualify us for being a Critical Management
area, according to the Morrison Criteria.
In any case, I hope many people
in your area will get their wells monitored - it's really good data to have (although
we find that the OSE is still reluctant to use the data. They would rather use
well drilling data, which may be very old and is certainly from a wide variety
of dates. Janet Winchester Silbaugh. Download
this announcement
NMT
- Aquifer Mapping Program
Well
monitoring brochure
North
14 Deep Well Protest (E. Mountains)
The schedule hearing on July 19, 2017 at the Office of State Engineer re: APR, has been postponed.
Border
Water at Risk - Report on aquifers along the US/Mexico Border. Albuquerque
Journal
or Download
the report
Building
on Regional Trend, Reading, Pa. Passes Anti-Privatization Measure. Food
& Water Watch.
June
25, 2017 -
Border
Water at Risk - Albuquerque
Journal
June
21, 2017 -
How privatization could spell the end of democracy. ... Between
Trump and tech, never before have so many powerful people been so intent on transforming
government into a business. Guardian
Neoliberalism turned our world into a business. And there are two big winners.
... Fearmongering Donald Trump and optimistic Silicon Valley seem to epitomize
opposing ideologies. But the two have far more in common than you think. Guardian
June
9, 2017 - Congressional Progressive Caucus white paper on "21 Century
New Deal for Jobs" including concerns regarding infrastructure. Download
Proposed
House Bill by Juan Lujan: "To rebuild and modernize the Nation’s infrastructure
to expand access to broadband internet, rehabilitate drinking water infrastructure,
modernize the electric grid and energy supply infrastructure, redevelop brownfields,
strengthen health care infrastructure, create jobs, protect public health and
the environment, and for other purposes"
Download
June
14, 2017 - Important:
Update on the 500 Infrastructure Project
list (initially 50), one of which was the APR (See below for details) ...
Rob MacGregor, Legislative Director, office of Steve Pearce (NM-02) contacted
the white house and the list is “not something from the White House and
not something we support.”.
Download
the story and NM projects list
May 11,
2017 -
Herrera: Local politics tarnishing (electric) cooperative's efforts.
... The proposed breakup of Socorro Electric Cooperative seemed to be gaining
steam, as evidenced by remarks made at a public meeting Tuesday, May 2 at Socorro
City Hall. Chieftain
Socorro
effort (offer utility service) feasible in small steps. ... A piecemeal plan for
the City of Socorro to offer electric utility service is feasible, the attorney
helping the city explore the option said last week. ... “It’s feasible
if the city starts small and builds up equity over time,” attorney Nann Winter
said. Chieftain
March
21, 2017
'This is our land': New Mexico's tribal groups gear up to fight
for their home. ... President Trump’s decision to review the designations
of 27 national monuments has raised fears of a corporate giveaway – and the
pueblos of the Rio Grande valley are worried. ... New Mexico’s Republican
congressional representative Steve Pearce has proposed reducing the 490,000-acre
Organ Mountains-Desert Peaks national monument to 54,800 acres, and described
Obama’s expansion of the national monuments as an abuse of power. Guardian
March
21, 2017
Note: Recollect the issue of local military intrusion on our
lands ...
The
City and the War Machine: Crosshairs on People and Public Lands. ... In the
1990s, a battle raged over military use of the Owyhee Canyonlands of Idaho, Oregon
and Nevada. The aggressor was the state of Idaho under Gov. Cecil Andrus, fronting
for the Air Force. Cece, who had been Interior Secretary under Jimmy Carter, was
hell bent on a new Bombing Range amid some of the most remote country in the lower
48 states. Counter
Punch
San Augustin Water Coalition Annual Meeting Videos:
Presentation
by Stacy Timmons, Aquifer Mapping Program
Manager:
Video
1 of 3.mp4
Video
2 of 3.mp4
Video
3 of 3.mp4
Our
State Rep. Gail Armstrong Speaking:
Video
1 of 2.mp4
Video
2 of 2.mp4
March
21, 2017
Water group briefed on Augustin Plains Ranch. ... The application
for a permit to pump 17 billion gallons of water per year from the San Agustin
Plains aquifer under Socorro and Catron counties was the topic of discussion last
Saturday at a meeting of the San Augustin Water Coalition. Chieftain
State
Engineer Docketing Order - Hearing No.17-005.pdf
Note: Pre-hearing scheduling
conference tentatively scheduled for July 19, 2017. Details later. POSTPONED as
of late June, 2017
Related:The
New Mexico Environmental Law Center Hereby Enters its Appearance in this Proceeding
on Behalf of Protestants Identified Below...
Entry
of Appearance list May 3, 2017.pdf
May
3, 2017-
OSE
Docketing Order Hearing 17-005
May
1, 2017 -
The Aquifer Mapping Program at New Mexico Bureau of Geology
and Mineral Resources (NMBGMR) is working with New Mexico Rural Water Association
(NMRWA) to establish a rural groundwater level monitoring network.
Collaborative
Groundwater Monitoring Network
May
1, 2017 - NOTICE:
Socorro and Catron county folks might be interested in an upcoming Community Input
Meeting Socorro City will be hosting on Tuesday, May 2, 2017 at 5:30 pm in the
City Hall Council Chambers located at 111 School of Mines Road. Click
here for the website. -City
Meeting Agenda
April
29, 2017 Water Coalition Commentary.
San Augustin Water Coalition Annual Meeting Videos:
Presentation
by Stacy Timmons, Aquifer Mapping Program Manager:
Video
1 of 3.mp4
Video
2 of 3.mp4
Video
3 of 3.mp4
Our
State Rep. Gail Armstrong Speaking:
Video
1 of 2.mp4
Video
2 of 2.mp4
April
27, 2017 - Why Water Privatization Is a Bad Idea for People and the Planet.
... As climate change drives water scarcity, there may be more efforts to privatize
water systems. AlterNet
"Superman
Is Not Coming": Erin Brockovich on the Future of Water. Truth
Out
Water Coalition Annual Meeting April 29th :- Datil Elementary at 1PM. Representative Gail Armstrong will be a speaker at the meeting
Latest
legislative update at San
Augustin Water Report Website
April
12, 2017 -
Global
Groundwater Use Is Exhausting Supplies So Fast, It Could Soon Drive Up Food Prices
... China, the world’s most populous country, doubled within just 10 years
its use of irreplaceable groundwater from underground reservoirs that are replenished
more slowly than they are drained.
TruthDig
April
6, 2017 -
Legislative update from N.M. Wilderness Alliance:
Senate
Bill 340, which would
require legislature approval and a showing of feasibility before money is spent
on large diversion projects like the one proposed for the Gila river, was passed
by the Senate Conservation Committee but was tabled (and dead for the Session)
by the Senate Finance Committee. We expect this bill to be reintroduced in future
Sessions. More
updates, download
Or go to NM Wilderness Alliance
website
March
27, 2017 - Letter from Senator Heinrich to US IN terrior re: Interrior removing
APR form their "protest" to the project. Download
here
Related: The Plains of San Agustin have been designated a “Most Endangered
Place” by the New Mexico Heritage, Preservation Alliance, a statewide, private,
nonprofit historic preservation organization. Download
here
This
orginaztion supports the fight against the water grab: Southwest
Research and Information Center
- MISSION:
Southwest Research and Information Center is a multi-cultural organization working
to promote the health of people and communities, protect natural resources, ensure
citizen participation, and secure environmental and social justice now and for
future generations
March
26, 2017 - You Decide...Interbasin
water transfers are they needed? If a land owner who has a large ranch decides
that he can make more money by selling the water under his land than he can by
raising cattle on
that land should he have the right to do so?
Download
Commentary from Dennis Inman, Geologist.
March 22, 2017 -
The 2017 Legislative session is over, and you might
like to know about what directly affected us. As you are all probably aware by
now, Don Tripp was re-elected in November, 2016 but abruptly resigned in January
of 2017. The Governor appointed Gail Armstrong in his place. Gail immediately
went to bat for us, and here's how.
1) Sponsored HB 418, Inter-Basin
Water Right Transfer Requirements. This bill, which passed several committees
and made it to the floor of the House of Representatives, would have regulated
massive water transfers had it become law. Howard Hutchinson worked with Rep.
Armstrong as did Douglas Meiklejohn, our attorney, and they will continue working
on a bill to be brought before a new session of the Legislature.
2) Opposed
HB 275 Public-Private Partnerships Act. Although a brand new legislator, Rep.
Armstrong voted against this act because her constituents opposed it. If you remember,
this P3 Act would have greatly benefited the Augustin Plains Ranch, LLC which
has been pushing their public-private partnership idea from day one. (See their
website http://sanaugustinwater.com/partnership.html
) It took a great deal of courage for Rep. Armstrong to oppose this bill,
and we owe her a debt of gratitude.
A note of interest:
Representative
Gail Armstrong will be a speaker at the April annual meeting of the San Augustin
Water Coalition. Mark April 29 on your calendar and plan to be at that meeting.
Other matters before the Legislature included a bill sponsored by our Senator
Howie Morales. SB 340 would have, had it become law, provided oversight of the
federal funds the Interstate Stream Commission (ISC) has been spending on a diversion
of the Gila River. Below is an analysis of what the law would do.
"SB340
would require legislatively approved budgets for use of the NM Unit Fund and force
the ISC to report the details of its actual and planned uses of the fund. To date,
the ISC has spent $11 million fruitlessly in the absence of real legislative budget
oversight. The ISC needs to provide basic information on technical feasibility,
water yield and associated water users, project cost and financing before spending
more money on a NM Unit project."
Sadly this measure failed, but
we can hope that the ISC got the message: squandering millions of dollars is not
acceptable. Carol Pittman. Download
March 22 update
March 21, 2017 - New Mexico Lobbyists report spending nearly $292K during
session. New
Mexico In Depth
March
19, 2017 -
Report From Santa Fe - KNEW - Laura Paskus and Peggy Johnson
on WATER in NM Video
March 15, 2017 - Congressman Steve Pearce is hosting a Town Hall for constituents of New Mexico's 2nd Congressional District.
When:
Saturday March 18, 2017 at 12:00 PM MST
Where: New Mexico Farm & Ranch
Heritage Museum
Download
information and questions to ask Pearce
March
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
Bill HB 418, (Water Transfers) was not heard in Committee yesterday as scheduled - update on this later.
March 3, 2017 - New Documents related to Agustain Plains area and Magdalena water:
Magdalena
hydrology reports:
-
Magdalena Hydro report - August 2013
- Magdalena
Bishop Report 1972
- Magdalena
Hydro. Test Drilling Report 1975
San
Agustin & Alamosa Creek Study -
Related Reports:
- 2014 - Preliminary Interpretation of Water Chemistry and
Groundwater
Levels in the Eastern San Agustin Plains and Upper Alamosa Creek, New Mexico
- 2014
- Preliminary
Analysis of the Geologic Structure of the Eastern San Agustin Plains
NMT
- Aquifer Maping Program
Mapping
program brochure
The
Collaborative Groundwater Monitoring
Network website
Click here to view larger map or Download
it
March
2, 2017 -
How
much water does New Mexico actually have? ... When it comes to revising water
laws in New Mexico, nothing realistic can be done until we know how much —
and where — the groundwater is.. Chieftain
March
1, 2017 -
Update to the House Bills below:
Webcast
of hearings click
here
Status of HB418 .. Substitute
Bill HB 418:
Added sections....para 3 (e)...and Para F
(3) temporary transfers of no longer
than two
years.
F. For the purposes of this section:
(1) "area
of origin" means the physical
location of a ground water aquifer, the
boundaries of which are reasonably ascertainable and which may or may not coincide
with the administrative boundaries of ground water basins established by the state
engineer; and
(2) "transfer" means the transport of water
for use in a location more than thirty-five miles from the area
Report:
Inter-basin Water
Transfers: "Upon initial consideration, interbasin transfer of water
has enormous appeal. Indeed, many of the regional water plans offer vague references
to receiving water from adjacent basins. However, a more thorough examination
reveals that there are often few details to support these transfers..” ...
Report by Professor Bruce Thomson, Department of Civil Engineering, University
of New Mexico. 2010-Inter-basin
Water Transfers
HB 418, a bill that
will be heard TOMORROW (Thursday, March 2, 1:30pm) March 3 - UPDATE: Bill as not
heard in committee March 2nd. in the House Energy, Environment and Natural Resources
Committee. This bill will put into place regulations regarding WATER TRANSFERS,
regulations that are long overdue.
Let
the Chairman and/or Committee member Candy Ezzell know your thoughts on this bill.
Chairman Matthew McQueen
matthew.mcqueen@nmlegis.gov
505-986-4421
Member
Candy Ezzell
csecows@aol.com
575-625-0550
Full list of Committee Members
More
information on HB-418:
Introduced by Gail Armstrong:
Relating to water;
requiring additional requirements for approval of permits for the diversion and
use of ground water from the basin of origin for use outside the basin of origin.
See
bill here or download
March
1, 2017 -
HB-472- SIGNIFICANT ISSUES:
Legislative Staff Assessment:
According to OSE analysis, prohibiting federal land management agencies from owning
surface water rights for livestock watering could have significant negative unintended
consequences ...
HB-472-Staff
Assessment - full report
February
27, 2017 -
The bill for public/private partnerships – HB 275 –
was just defeated in committee. Gail Armstrong, our representative, voted against
the bill. She explained that while she liked the bill, her constituents had serious
concerns about it and she voted for their concerns – against the bill. Please
take the time to thank her. gail@gailfornewmexico.com or call 505-986-4467. You
might also mention your support or opposition to the bills below at the same time.
Other legislation of concern for this area:
HB-380
- Introduced by our Rep. Gail Armstrong:
Relating to Rural Electric cooperatives;
Allowing mail-in or proxy ballots to count toward establishing a quorum.
Download
the bill or
visit NM government website here
for more details.
Readers may remember this was a critical issue at the recent co-op annual meetings
as the board tried to disqualify voters.
HB-472: Relating to water rights administration: providing definitions; limiting
livestock water rights holders; prohibiting the state engineer from enforcing
or administering conditions placed on permitted land to require transfer of private
water rights to a government land management agency excepting sales of water rights;
exempting livestock water rights from forfeiture where the right is appurtenant
to land under a current lease or permit.
Download
the bill or
visit NM government website here
for more details:
We will have more on this legislation after it is reviewed.
A
good source of on-going information on what is happening in SF is at The
Candle
February
24, 2017 -
The Bait and Switch of Public-Private Partnerships ...
This being the age of public relations, the genteel term “public-private
partnership” is used instead of corporate plunder. A “partnership”
such deals may be, but it isn’t the public who gets the benefits. ... Public-private
partnerships are nothing more than a variation on straightforward schemes to sell
off public assets below cost, with working people having to pay more for reduced
quality of service. CounterPunch
Or Download
References:
- May 10, 2013 -
Financialising Household Water (UK Report)
- November 23, 2016 -
Economic Policy Inst. on Trump
Infrastructure Plan.
Food
and Water Watch Reports:
-
July 2011- Water=Life: How Privatization undermines the Human
right to Water.
- Water Privatization: Facts
and Figures
- 2016 Report on State
of Public Water in the U.S.
- 2010 Report - Brief
on Water P3 Issues & Difficulties
February
22, 2017 -
US EPA Water Infrastructure and Resiliency Finance Center
National Governors Association State Planning Retreat on Public Private Partnerships.
April 2016 Report
February
19, 2017 -
You
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
America
can’t trust public water, so it’s turning to private companies. - While
most Americans don’t 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
Quartz
From
the BLM:
Improving the Way We Plan Together
As part of our continuing
commitment to improve our management of the nation’s public lands, the Bureau
of Land Management is reviewing the way we develop and update our Resource Management
Plans (RMPs).
This
initiative, known as Planning 2.0, aims to increase public involvement and incorporate
the most current data and technology into our land use planning.
BLM
Plan 2.0 presentation
Plan 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.
February
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 Armstrong’s
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!
February
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 water.
A 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.
Private 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.
Follow this link to CVNM Action center and send your representative a message
February
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. .
Signup
website click here
Pearce
Town Hall Bulletin .
February
12, 2017 -
Draft 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 for Children.
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
Memo
February
11, 2017 -
A cautionary 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. AlterNet
Profiting
from Public Dollars: How ALEC and Its Members Promote Privatization of Government
Services and Assets. Public
Interest
ALEC
-The Water/Wastewater Utility Public-Private Partnership Act. (This is where your
NM representatives get the text of P3 legislation)
ALEC-Sample Legislation
February
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: .
Chairman
Bobby Gonzales (D-Taos)
roberto.gonzales@nmlegis.gov 505-986-4333
Vice
Chair Moe Maestas (D-West side ABQ)
antonio.maestas@nmlegis.gov 505-986-4438
Patty
Lundstrom (D-Gallup)
patricia.lundstrom@nmlegis.gov 505-986-4316
Harry
Garcia (D-Grants)
hgarciad69@gmail.com 505-986-4433 (note: shared phone with
Ruiloba)
Pat
Ruiloba (D-Albuquerque)
patricio.ruiloba@nmlegis.gov 505-986-4433
ALEC
is the source of this legislation. Through ALEC, global corporations are scheming
to rewrite your rights and boost their revenue. Alec
Exposed
There 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. Read
the rest of the commentary here
February
7, 2017 - New found Resources:
* NM Drinking Water
Allocation Program (WRAP)
OSE
web page
* Who owns water. Water rights in the SW States. Published 2003 by Brian H Hurd
- NM State University.
Who
owns water in the SW.
* 2009 Overview of NM Ground Water Code.
Brockman Ground
Water conference paper .
* 1962 - NM
water law since 1955 - Clark
* Office of State Eng. Glossary
of water terms
February
6, 2017 -
Support 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
Committee list)
Today
it is important to tell Senate Rules Members to Vote YES on SB157! SB157
Analysis:
SB157 Bill
Senator 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."
The
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.
NM
Interstate Sream Commission (OSE) website
The
February 6, 2017 - news item
February
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.
OSE
File: RG-89943 and associated notices dated February 2, 2017
What all this means will be discussed soon.
The
SB 86 - requires the
State Engineer to put notices on-line. NM
Gov website
or Download
February
3, 2017 -
Why is EPA chief Gina McCarthy speaking at a conference full
of private water company execs?
December 2016 article
on Grist
February
1, 2017 -
Update on The P3 Legislation
Fiscal
impact Report - NM
Infrastructure
Investment Act.
In
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
It
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 process progresses.
Food 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 President’s proposal to privatize water and sewer systems. We need to continue watching the President’s 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 I’ll keep you posted.
Trump Attacks the Safety of Our Drinking Water - Trump’s 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.
Democrat
Plan for Infrastructure
Trump's
infrastructure plan
(Mentions APR. Not White House approved, probably a fake)
AFSCME
Public services union is also watching P3 legislation in New Mexico.
January
28, 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.
Other projects in the report are massive and the patronage of the government.
Does
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 report.
What
we know so far…
The
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.
The
Journal story is an important read to understand the sequence of events and latest
information:
WH
disavows infrastructure priorities document
McClatched
followed up on the story with:
List
of 50 infrastructure projects used by Trump transition team came from consulting
firm
PolitocoPro,
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."
The
complete story above for download
January 18, 2017 -
Water just like air
is critical to our existence; we can’t 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.
...
Continue
reading
or Download
the article
January
17, 2017 -
Severance compensation
-
This is not royalties that go to the State to compensate for using the
States oil and gas resources.
Who does it go to?
How is it going to help the people who no longer have water?
Why
is okay to takes one’s livelihood away so others can benefit at their expense?
Is
the collapse of a community justifiable so that others can profit from a taking
of a water resource?
Why
would the State Engineer consider this course of action a way forward in granting
this application?
Water
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.
(More on this later - See January
18, 2017 above, What is Water Worth?) Download
the above
January
17, 2017-
SENATE
BILL 86 ... 2017 -
AN ACT Relating to water Rights Notifications, Requiring
the Office of the State engineer to Post Notices On-line. Download
SB86 Bill
NM
Legislature Link
January
17, 2017 -
NM Legislation 2017 - - HOUSE MEMORIAL 1 -
A MEMORIAL
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
Bill Here
NM
Legislation original weblink.
January
2017 -
OP-ED: Douglas Meiklejohn / The New Mexico Environmental Law Center’s
Top Ten Environmental Issues to Watch in 2017. ... Trump and Martínez:
A Double Whammy for New
Mexico’s Environment and Communities.
Related:
August 15, 2015 - Analysis: Weaknesses mar NM’s capital outlay
system. Click
here
January
13, 2017 -
NM State Engineer: “You know, do we need to be looking at something like
a severance tax on that water?”
Is
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? The
Candle Publishing
January
12, 2016 -
Dean:
Not enough water for permit (Chieftain)
November
6, 2014.
Supreme
Court Side-Steps Water Grab Issue.
October 24, 2014 - NM
Supreme court won't stop massive water project.
August
17, 2016 - Public
notice ordered for APR
water plan.
January
13, 2017 -
NM State Engineer: “You know, do we need to be looking
at something like a severance tax on that water?”
Is
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? The
Candle Publishing
January
10, 2017 -
No
Right to Free Water, Except for Nestlé. ... ormer Nestle CEO Peter Brabeck
is famous for denying that access to drinking water is a human right. But based
on the company’s actions, its management seems to believe that Nestlé
Corporation has a human right to free water.
CounterPunch
January 9, 2017 - Whose water is it?
When 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 your application. You 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.
If
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. Isn't this also considered a type of
impairment "financial in nature"?
The
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 neighbor's 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?
In 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.
So if the water in the state is the state's water do whatever they wish with it; except where there are water compacts with other state's 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 state's 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.
Well
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
REF:
- Guidelines
for the Assessment of Drawdown
Estimates
- Basic
Groundwater Hydrology and Evaluation Porcedures - Training Manual
January
5, 2017 -
Trump's infrastructure plans will hamper access to clean water.
... Since Donald Trump unveiled his infrastructure plan, many have written that
it should be called a privatization plan, and rightly so. The
Hill
Indian
Power - New Mexico tribes catapult into politics and join the state's water tug-of-war.
(April 2003)
High
Country News
------------------------------ END ----------------------
Bruno
Modena,
Vittorino Modena,
| 2015
WATER NEWS 2015
- Inter-basin
Water Transfers - Utton Transboundary Resources Center 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 January
13, 2015 - From
the Green Fire Times: New
Mexico Environmental Law Center Current
issue of Green Fire Times
January
2015 - Speech
by APR CEO Michel Jichlinksi in 2013 to the Drought Sub-committee in Las Cruces
- Click
here for Channel 7 article and video November
12, 2015- 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 The
issue from the NM Environmental Law Center: : Chieftain:
Sept
21, 2015 - NOTICE: 22nd MEETING POSTPONED ... From Doug Meiklejohn of the
New Mexico Environmental Law Center comes the following message: News
story collection related to APR project: September
3, 2015 - August
25, 2015 - August
24, 2015 - July
19, 2015 - July
19, 2015 - How
the West Over counts its Water Supplies (NYTimes arfticle) July
8, 2015 - County
commission should listen to objections to Santolina project July
1, 2015 - Official:
New Mexico water debate to be shaped by transfers June
30, 2015 - Related
stories: June
5, 2015 - Transparency
Needed Related
documents:
May
7, 2015 - 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 Here
is a summary of the project: Sign
the Petition Related: :
March
23, 2015 -
March
18, 2015 - March
23, 2015 April
11, 2015 - annual meeting of coalition March
18, 2015 - Update, Mike Loyla February,
2015 - |
