The thing that has me worried is that Governor Richardson is hell- bent on bringing in even more business; remember his trip to Europe this summer? [article]
In order to promote that kind of growth, he will have to have a plan for the water to support it. So even though sucking our plain dry by a foreigner seems like a no-brainer issue for the OSE ... perhaps it's not.
>> Kevin Ryan
Tuesday, October 28, 2008
Rio Grande Diversion comment
http://www.amigosbravos.org/rio_grande.php
I think that the effort to take groundwater in Catron Co is tied to Albuquerque water use upstream. There are others with whom I've spoken who share this belief.
The relationship is like this: The San Juan-Chama water has been flowing for a long time and has been providing a significant source of water flow to the Rio Grande, helping the state meet Rio Grande Compact delivery requirements. If Albuquerque starts using its San Juan-Chama water and the equivalent amount of native Rio Grande water it says it needs as "conveyance", then the river will lose as much as 45-48,000afy in flow.
Taking Catron County groundwater and transfering it to surface water discharge into the Rio Grande (selling it to the Albuquerque Bernalillo County Water Utility Authority) will allow Albuquerque to use more water upstream and not risk penalties from the State Engineer.
I thought that the issue was dormant; I didn't realize it was under some sort of process. Please let me know what is going on and I'll spread the word around here. If you need any advice or information, let me know and I'll see if I can find someone to help.
Regards,
Michael
-- Michael Jensen
Grants & Communication
Amigos Bravos
PO Box 238
Taos NM 87571
505.362.1063 (cell)
505.758.3874 (office)
skype: michaeljensen79
www.amigosbravos.org
Are you a member of Amigos Bravos? Would you like to support the preservation of the cultural and ecological richness of New Mexico's waters? Join our efforts today by becoming a member or making a contribution to Amigos Bravos at: http://shop.amigosbravos.org/index.html
I think that the effort to take groundwater in Catron Co is tied to Albuquerque water use upstream. There are others with whom I've spoken who share this belief.
The relationship is like this: The San Juan-Chama water has been flowing for a long time and has been providing a significant source of water flow to the Rio Grande, helping the state meet Rio Grande Compact delivery requirements. If Albuquerque starts using its San Juan-Chama water and the equivalent amount of native Rio Grande water it says it needs as "conveyance", then the river will lose as much as 45-48,000afy in flow.
Taking Catron County groundwater and transfering it to surface water discharge into the Rio Grande (selling it to the Albuquerque Bernalillo County Water Utility Authority) will allow Albuquerque to use more water upstream and not risk penalties from the State Engineer.
I thought that the issue was dormant; I didn't realize it was under some sort of process. Please let me know what is going on and I'll spread the word around here. If you need any advice or information, let me know and I'll see if I can find someone to help.
Regards,
Michael
-- Michael Jensen
Grants & Communication
Amigos Bravos
PO Box 238
Taos NM 87571
505.362.1063 (cell)
505.758.3874 (office)
skype: michaeljensen79
www.amigosbravos.org
Are you a member of Amigos Bravos? Would you like to support the preservation of the cultural and ecological richness of New Mexico's waters? Join our efforts today by becoming a member or making a contribution to Amigos Bravos at: http://shop.amigosbravos.org/index.html
Monday, October 20, 2008
Property owner speaks out
We are property owners at Abbe Springs Ranches development, lot 98, in western Socorro County. We have sent a letter of protest to the State Engineer against the Augustin Plains Ranch’s, LLC application for appropriation of ground water. We plan to drill a well on our NM property, and believe the proposed appropriation of ground water will affect the amount of water available to us. In addition, we are concerned about the long term effect of commercial drilling on wildlife and plant life on the property and in the area. We also believe commercial drilling will affect property values. We plan to pass our property to our children and grandchildren, and will do whatever we can to help it to remain a beautiful, peaceful, country site that can be enjoyed for generations.
Furthermore, we have concerns about the effect of commercial drilling on the nearby National Forest lands. Surely, dry forest lands will negatively impact tourism, and the enjoyment of all who would visit. Please let us know what we can do to help you in your endeavor to defeat the Augustin Plains Ranch’s application.
Sincerely,
Sarah and Joshua Chong
Lansdale, PA 19446
Furthermore, we have concerns about the effect of commercial drilling on the nearby National Forest lands. Surely, dry forest lands will negatively impact tourism, and the enjoyment of all who would visit. Please let us know what we can do to help you in your endeavor to defeat the Augustin Plains Ranch’s application.
Sincerely,
Sarah and Joshua Chong
Lansdale, PA 19446
Sunday, October 5, 2008
Broe Water Grab Defeated
NEWS RELEASE
Thursday, September 25, 2008
NEW MEXICO ENVIRONMENTAL LAW CENTER AND CITIZENS DEFEAT WATER GRAB SANTA FE, N.M.
On September 17, 2008, Broe Land and Acquisitions, Inc. LLC (Broe) filed a notice to withdraw all of its applications for water rights that are currently pending before the New Mexico Office of the State Engineer. Broe, a Denver corporation specializing in real estate speculation, had filed a total of 16 water rights applications to appropriate thousands of acre-feet of groundwater per year from the Gallup underground water basin in Catron County.
Broe's decision to withdraw resulted from a motion filed by New Mexico Environmental Law Center staff attorney Bruce Frederick on behalf of its clients, including Thomas Davis, who owns water rights in the area. Frederick argued that the appropriation would violate state law requiring water rights and land to be owned by the same entity. Broe’s applications to the State Engineer attempted to purchase water rights to land owned by the State of New Mexico.
“Broe’s plans to pump thousands of acre-feet from the aquifer would have impaired our wells and threatened our community, which depends on that groundwater,” says Davis.
"This is a major victory for New Mexico communities working to protect their scarce water resources," said Frederick. "This appeared to be an effort to speculate in water rights by obtaining and developing water reserves in the same way that oil companies develop oil and gas reserves, a practice that could devastate communities that depend upon the water involved."
According to Frederick, out of state water speculators see profit-making opportunities in New Mexico and are intent on converting what’s left of New Mexico’s free unappropriated groundwater into their private reserves.
Frederick and the New Mexico Environmental Law Center are also representing individuals opposing the applications filed by the San Augustin Plains Ranch to appropriate 54,000 acre feet of water annually from the San Augustin plains area near Datil, NM.
The mission of the New Mexico Environmental Law Center is to protect New Mexico’s natural environment and communities through legal and policy advocacy, and public education. The New Mexico Environmental Law Center’s attorneys have handled over 100 critical cases in low-income and minority communities fighting pollution and environmental degradation. The Law Center charges few, if any, fees to its clients, most of whom are from Hispanic and Native American communities. The NMELC is celebrating its 20th anniversary in 2008. Membership and gifts help New Mexico communities protect their natural environment and their health from toxic pollution, the degrading effects of growth and liabilities created by irresponsible mining.
Bruce Frederick, Staff Attorney New Mexico Environmental Law Center 505-989-9022
Thursday, September 25, 2008
NEW MEXICO ENVIRONMENTAL LAW CENTER AND CITIZENS DEFEAT WATER GRAB SANTA FE, N.M.
On September 17, 2008, Broe Land and Acquisitions, Inc. LLC (Broe) filed a notice to withdraw all of its applications for water rights that are currently pending before the New Mexico Office of the State Engineer. Broe, a Denver corporation specializing in real estate speculation, had filed a total of 16 water rights applications to appropriate thousands of acre-feet of groundwater per year from the Gallup underground water basin in Catron County.
Broe's decision to withdraw resulted from a motion filed by New Mexico Environmental Law Center staff attorney Bruce Frederick on behalf of its clients, including Thomas Davis, who owns water rights in the area. Frederick argued that the appropriation would violate state law requiring water rights and land to be owned by the same entity. Broe’s applications to the State Engineer attempted to purchase water rights to land owned by the State of New Mexico.
“Broe’s plans to pump thousands of acre-feet from the aquifer would have impaired our wells and threatened our community, which depends on that groundwater,” says Davis.
"This is a major victory for New Mexico communities working to protect their scarce water resources," said Frederick. "This appeared to be an effort to speculate in water rights by obtaining and developing water reserves in the same way that oil companies develop oil and gas reserves, a practice that could devastate communities that depend upon the water involved."
According to Frederick, out of state water speculators see profit-making opportunities in New Mexico and are intent on converting what’s left of New Mexico’s free unappropriated groundwater into their private reserves.
Frederick and the New Mexico Environmental Law Center are also representing individuals opposing the applications filed by the San Augustin Plains Ranch to appropriate 54,000 acre feet of water annually from the San Augustin plains area near Datil, NM.
The mission of the New Mexico Environmental Law Center is to protect New Mexico’s natural environment and communities through legal and policy advocacy, and public education. The New Mexico Environmental Law Center’s attorneys have handled over 100 critical cases in low-income and minority communities fighting pollution and environmental degradation. The Law Center charges few, if any, fees to its clients, most of whom are from Hispanic and Native American communities. The NMELC is celebrating its 20th anniversary in 2008. Membership and gifts help New Mexico communities protect their natural environment and their health from toxic pollution, the degrading effects of growth and liabilities created by irresponsible mining.
Bruce Frederick, Staff Attorney New Mexico Environmental Law Center 505-989-9022
Tuesday, September 23, 2008
Important win in Broe water grab
09/18/09 Bruce Frederick, Staff Attorney with New Mexico Environmental Law Center represents a number of protesters opposed to the Broe Land and Acquisitions III, LLC applications. Broe filed multiple applications to appropriate 1000s of acre-feet of water, which are being considered by the State Engineer in two separate cases.
Frederick filed a motion for summary judgment and sent a long list of Interrogatories and Requests for Production to Broe requesting that it fully document and justify the amounts of water they were attempting to appropriate, among other things, and to prove that they would be able to put the water to beneficial use within a reasonably period of time (which is a requirement under our law).
Broe’s attorney sent Frederick an email stating that Broe has determined that it no longer wishes to pursue the applications, and that Broe’s attorney would be submitting a withdrawal to the OSE Hearings Unit. While it is still not known whether Broe’s withdrawal of applications will apply to both cases, it is nevertheless a victory in either case.
Bruce Frederick also represents San Augustin Water Coalition in their similar fight against the immense water grab in the San Augustin Plains of Catron County, NM.
More info...
Frederick filed a motion for summary judgment and sent a long list of Interrogatories and Requests for Production to Broe requesting that it fully document and justify the amounts of water they were attempting to appropriate, among other things, and to prove that they would be able to put the water to beneficial use within a reasonably period of time (which is a requirement under our law).
Broe’s attorney sent Frederick an email stating that Broe has determined that it no longer wishes to pursue the applications, and that Broe’s attorney would be submitting a withdrawal to the OSE Hearings Unit. While it is still not known whether Broe’s withdrawal of applications will apply to both cases, it is nevertheless a victory in either case.
Bruce Frederick also represents San Augustin Water Coalition in their similar fight against the immense water grab in the San Augustin Plains of Catron County, NM.
More info...
Test Drilling Begins in Catron County
By John Larson
Mountain Mail Article Sept. 18, 2008
DATIL – Drilling has begun for a planned test well on the San Agustin Plains in Catron County.
According to neighboring property owner Marie Lee of Datil, the drilling company, Henkle Drilling and Supply of Gordon City, Kan., the drilling equipment was moved in last week, and drilling started Friday night.
More...
Mountain Mail Article Sept. 18, 2008
DATIL – Drilling has begun for a planned test well on the San Agustin Plains in Catron County.
According to neighboring property owner Marie Lee of Datil, the drilling company, Henkle Drilling and Supply of Gordon City, Kan., the drilling equipment was moved in last week, and drilling started Friday night.
More...
Sunday, September 21, 2008
Catron County Water Coalition website
The Catron County Water Coalition website has been updated. Hopefully this will make it easier and more enjoyable to get info about the water issues in Catron County.
www.catroncounty.net/water
www.catroncounty.net/water
Broe water update
Bruce Frederick, Staff Attorney with New Mexico Environmental Law Center represents a number of protesters opposed to the Broe Land and Acquisitions III, LLC applications. Broe filed multiple applications to appropriate 1000s of acre-feet of water, which are being considered by the State Engineer in two separate cases. In the first case, Broe is seeking to appropriate about 2500 acre-feet per year, mostly to allegedly irrigate State Trust Lands that it has under lease with State Land Commissioner Lyons.
Frederick filed a motion for summary judgment based on a statute in the 1907 Water Code that requires irrigation water rights to be owned by the same person who owns the irrigated land, i.e., the title to the land and the irrigation water right cannot be split, subject to a narrow exception that does not apply to Broe. Broe’s applications violate this law because Broe would end up owning an irrigation water right that was appurtenant to State Trust Land—land that Broe does not own. The Land Office also has policies and laws that require irrigation water rights to be in the Commissioner’s name. OSE weakly opposed the motion, although it did not dispute the basic contention of law.
Frederick also sent a long list of Interrogatories and Requests for Production to Broe requesting that it fully document and justify the amounts of water they were attempting to appropriate, among other things, and to prove that they would be able to put the water to beneficial use within a reasonably period of time (which is a requirement under our law).
Broe’s attorney requested a week extension to respond to the motion and then still did not file the response. After a couple days of not responding to phone calls, Broe’s attorney sent Frederick an email stating that Broehas determined that it no longer wishes to pursue the applications, and that Broe’s attorney would be submitting a withdrawal to the OSE Hearings Unit today.
While it is still not known whether Broe’s withdrawal of applications will apply to both cases, it is nevertheless a victory in either case.
The first scheduling conference for the second case will be on 9/29. Mr. Frederick should know the scope of Broe’s withdrawal by then.
Broe is a major international corporation, like those backing Augustin Plains Ranch, LLC, so please spread the news about this victory.
Bruce Frederick, Staff Attorney
New Mexico Environmental Law Center
1405 Luisa Street, Suite 5
Santa Fe, New Mexico 87505
505-989-9022, ext. 26
www.catroncounty.net/water/broe/
Frederick filed a motion for summary judgment based on a statute in the 1907 Water Code that requires irrigation water rights to be owned by the same person who owns the irrigated land, i.e., the title to the land and the irrigation water right cannot be split, subject to a narrow exception that does not apply to Broe. Broe’s applications violate this law because Broe would end up owning an irrigation water right that was appurtenant to State Trust Land—land that Broe does not own. The Land Office also has policies and laws that require irrigation water rights to be in the Commissioner’s name. OSE weakly opposed the motion, although it did not dispute the basic contention of law.
Frederick also sent a long list of Interrogatories and Requests for Production to Broe requesting that it fully document and justify the amounts of water they were attempting to appropriate, among other things, and to prove that they would be able to put the water to beneficial use within a reasonably period of time (which is a requirement under our law).
Broe’s attorney requested a week extension to respond to the motion and then still did not file the response. After a couple days of not responding to phone calls, Broe’s attorney sent Frederick an email stating that Broehas determined that it no longer wishes to pursue the applications, and that Broe’s attorney would be submitting a withdrawal to the OSE Hearings Unit today.
While it is still not known whether Broe’s withdrawal of applications will apply to both cases, it is nevertheless a victory in either case.
The first scheduling conference for the second case will be on 9/29. Mr. Frederick should know the scope of Broe’s withdrawal by then.
Broe is a major international corporation, like those backing Augustin Plains Ranch, LLC, so please spread the news about this victory.
Bruce Frederick, Staff Attorney
New Mexico Environmental Law Center
1405 Luisa Street, Suite 5
Santa Fe, New Mexico 87505
505-989-9022, ext. 26
www.catroncounty.net/water/broe/
Monday, September 1, 2008
URGENT - San Augustin Ranch LLC amended water app
San Augustin Ranch LLC has submitted an amended original application, the final legal notice for which is coming soon. The amended application expands the "affected counties" to essentially all in the Rio Grande Basin and each well would be drilled 3000' deep (over half a mile!) (original application was for wells 2000' deep).
It is recommended that you file a protest letter for this amended application even if you filed one last December. Your letter needs to be in the OSE office no later than September 15. For more info go to www.catroncounty.net/water/
Please forward this email to anyone you know who has in interest in water rights, water conservation, and public welfare as regards our precious water resources in New Mexico, and PLEASE send a protest letter to OSE for this amended application. Thank you!
It is recommended that you file a protest letter for this amended application even if you filed one last December. Your letter needs to be in the OSE office no later than September 15. For more info go to www.catroncounty.net/water/
Please forward this email to anyone you know who has in interest in water rights, water conservation, and public welfare as regards our precious water resources in New Mexico, and PLEASE send a protest letter to OSE for this amended application. Thank you!
Friday, June 13, 2008
Amended Augustin Plains Ranch drilling application
Augustin Plains Ranch LLC has filed an amendment to their original application. The NM Office of the State Engineer expects the amendment to be approved and ready for publication in local newspapers around Monday, June 16.
Protests to the original application will be automatically carried over to the amended application, however the new publication will allow people to register additional protests with the State Engineer's office.
"The purpose of this amended application is to provide water by pipeline to supplement or offset the effects of existing uses and for new uses in the areas designated in attachment B, in order to reduce the current stress on the water supply of the Rio Grande Basin in New Mexico," the amended application states. "Any impairment of existing rights, in the Gila-San Francisco Basin, the Rio Grande Basin or any other basin that would be caused by the pumping applied for will be offset or replaced." (quote credit: Socorro El Defensor Chieftain, Saturday, June 14, 2008 http://www.dchieftain.com/news/80899-06-14-08.html)
Attachment B says the proposed places of use are any areas within Catron, Sierra, Socorro, Valencia, Bernalillo, Sandoval and Santa Fe counties situated within the geographic boundaries of the Rio Grande Basin.
Protests to the original application will be automatically carried over to the amended application, however the new publication will allow people to register additional protests with the State Engineer's office.
"The purpose of this amended application is to provide water by pipeline to supplement or offset the effects of existing uses and for new uses in the areas designated in attachment B, in order to reduce the current stress on the water supply of the Rio Grande Basin in New Mexico," the amended application states. "Any impairment of existing rights, in the Gila-San Francisco Basin, the Rio Grande Basin or any other basin that would be caused by the pumping applied for will be offset or replaced." (quote credit: Socorro El Defensor Chieftain, Saturday, June 14, 2008 http://www.dchieftain.com/news/80899-06-14-08.html)
Attachment B says the proposed places of use are any areas within Catron, Sierra, Socorro, Valencia, Bernalillo, Sandoval and Santa Fe counties situated within the geographic boundaries of the Rio Grande Basin.
Monday, May 12, 2008
AUGUSTIN PLAINS WATER MEETING, MAY 17
AUGUSTIN PLAINS WATER MEETING, MAY 17 6PM AT THE DATIL ELEMENTARY SCHOOL GYMNASIUM
Meet with Bruce Frederick, attorney with the New Mexico Environmental Law Center, to discuss the Augustin Plains Ranch proposal to pump 54,000 acre feet of water each year and pipe it to the Rio Grande. The purpose of the meeting is to explain New Mexico's complex water laws and to present options for residents of the area.
The water permit process is a legal process. It is not a political process. Anyone with a water right is invited to attend. If your protest letter was accepted by the NM Office of State Engineer, you can decide if you want this law firm to represent you. NMELC will not charge those it represents any attorney fees although they will ask for reimbursement for direct expenses. The possible extent of those expenses will be explained at the meeting.
Contact persons: Carol and Ray Pittman- pittray@gilanet.com
For more info on this crucial local community issue, an issue that first went out to the Community List in December of last year, go to http://www.catroncounty.net/water/
Meet with Bruce Frederick, attorney with the New Mexico Environmental Law Center, to discuss the Augustin Plains Ranch proposal to pump 54,000 acre feet of water each year and pipe it to the Rio Grande. The purpose of the meeting is to explain New Mexico's complex water laws and to present options for residents of the area.
The water permit process is a legal process. It is not a political process. Anyone with a water right is invited to attend. If your protest letter was accepted by the NM Office of State Engineer, you can decide if you want this law firm to represent you. NMELC will not charge those it represents any attorney fees although they will ask for reimbursement for direct expenses. The possible extent of those expenses will be explained at the meeting.
Contact persons: Carol and Ray Pittman- pittray@gilanet.com
For more info on this crucial local community issue, an issue that first went out to the Community List in December of last year, go to http://www.catroncounty.net/water/
Friday, February 8, 2008
New info on Water Coalition website
New info has been posted about the Broe and the Augustin Plains water drilling permit applications.
http://www.catroncounty.net/water
Broe Land & Acquisitions III second conference Monday, June 9, 2008
Augustin Plains Ranch LLC status as of 02/08/08
http://www.catroncounty.net/water
Broe Land & Acquisitions III second conference Monday, June 9, 2008
Augustin Plains Ranch LLC status as of 02/08/08
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