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.