San Augustin court hearing cancelled

We have received word that the the hearing tomorrow (August 21) for the San Augustin Water grab is cancelled. Details are as yet not known, but R. Bruce Frederick, Staff Attorney with the New Mexico Environmental Law Center has just let SAWC know.

Stay tuned for more info as we find out more!

Sept 19 San Augustin Water Grab Hearing Change

The location for the Sept. 19 San Augustin water grab motion hearing has been changed to the Socorro County Courthouse, Courtroom 1, 200 Church Street in Socorro.  CLICK HERE to read the notice [PDF]

San Augustin Water Grab Court Date Set

A hearing on the Motion for Summary Judgement for the Augustin Plains Ranch LLC water grab has been set for Wednesday September 19, 2012 at 11 a.m. at the Catron County Courthouse in Reserve (subject to date/time change).

Read the Memorandum in Support of Protestants' Motion for Summary Judgment [PDF] filed by Bruce Frederick, Staff Attorney at New Mexico Environmental Law Center.

Annual Meeting San Augustin Water Coalition May 19, 2012

The annual meeting of the San Augustin Water Coalition will be held 1 PM May 19, 2012 at the Datil Elementary School gymnasium.  

It's not over!  

Augustin Plains Ranch LLC has appealed the State Engineer decision.  WE NEED YOU!

Agenda:

1 PM  Business meeting
2 PM  Candidate Forum

NM State Senator Howie Morales (D), and NM Representative Don Tripp (R) will be at the meeting as will Clint Wellborn, District Attorney for our district.  All are running unopposed in the NM primary, but will be available to be asked where they stand on water issues.

Also attending:  Evelyn Madrid Erhard (D), running for the US House of Representatives; and a member of the Steve Pearce's campaign, our present Representative.

Local candidates (Catron County) include Bucky Allred (R), candidate for County Commission from District 3, running unopposed; Cathy Sohrenssen (D) candidate for County Treasurer; unable to come is Connie Sue Shipley (R) also running for County Treasurer; Eva Stover (D), Keith Riddle (R) and Zeno Kiehne (R) all running for County Clerk; Ed Wehrheim (R) running for Probate Judge; unable to attend is Cynthia Wasserburger (D) also running for Probate Judge.

San Augustin Water Grab Decision Appealed

A legal notice of appeal of the NM Office of State Engineer decision to deny the San Augustin Ranch LLC's water grab application was published in today's Albuquerque Journal. http://legals.abqjournal.com/legals/show/279214

"NOTICE OF APPEAL DE NOVO FROM ORDER OF THE STATE ENGINEER Applicant/Appellant Augustin Plains Ranch, LLC, pursuant to NMSA 1978, Section 72-7-1, hereby appeals de novo from the State Engineer's Order Denying Application dated March 30, 2012, in the above-referenced New Mexico State Engineer ("OSE") proceeding. Dated April 5, 2012. Respectfully submitted, /s/ John B. Draper John B. Draper Jeffrey J. Wechsler Montgomery & Andrews"

Open letter to NM Gov. Susana Martinez on AWSA projects and protection of true stakeholders

Dear Governor Martinez:

The Interstate Stream Commission (ISC) has been authorized by the state of New Mexico to assume responsibility for the design, construction, operation, maintenance, and replacement of projects for waters designated available by the Arizona Water Settlements Act (AWSA).  To that end, people of the four counties of southwestern New Mexico for which the AWSA waters are available have been working since 2004 to develop projects to submit to ISC.

It is the ISC’s mandate to apply the best available science to consideration of these projects, taking into account the ecological impacts of the proposed water uses while also considering the historic uses of and future demands for water in the Gila Basin, and the traditions, cultures and customs affecting those uses.

Unfortunately, what is and should be a relatively straightforward legal process has been distorted beyond functionality.... [read the rest]

Please write your own letter to Gov. Martinez and the ISC!

AWSA New Mexico water for New Mexicans

This is a call for help. Please pass it on if you agree!  Please act if you are willing!

The Arizona Water Settlements Act of 2004 allows for an additional average of 14,000 acre feet of water to be developed in New Mexico from the Gila and San Francisco Rivers as well as $66M up to $128M for project development. People have been working since 2004  to develop plans for use of the water and money in the four county region of Catron, Grant, Luna and Hidalgo counties.  The Interstate Stream Commission has developed a two tier application procedure for projects (actually Tier II is still under development).

It is important to understand that by law this additional water use cannot impact the downstream water rights.  Since the water cannot cut into the downstream flow so as to reduce what people downstream are entitled to, it is obvious that the only way to get the water is to trap it during times of extreme flow, such as during flood or snow melt.

The problem is that the environmental community objects to dams and diversions on the Gila or San Francisco River.  The result would be that there is no way to keep water in New Mexico and the water continues on to Arizona.  This is not water that would be taken from wildlife habitat or farmers downstream - it is water that is flooding away to either just evaporate or end up in the ocean.  Environmental groups are urging their members to send letters to the State Engineer, the Interstate Stream Commission and others to promote their cause.  I probably don’t need to tell you the importance of keeping the water here, but suffice it to say that water = life. 

If we are to live here in Southwest NM, we must have water, too. Why should only people downstream of us have it to fill swimming pools, wash cars and water lawns while many of us are not even allowed to have faucets outside our houses to fill a dog's dish?  If we let this opportunity go now, it will probably never recur. 

Without going into the Act any deeper at this time, I am simply asking to you to send an email letter to Mr. Estevan Lopez, Director of the Interstate Stream Commission, Mr. Jim Dunlap, Chairman of the Interstate Stream Commission, to Mr. John D’Antonio, State Engineer, and/or to Governor Susana Martinez.  I am pasting an example letter you can work from or develop your own.  Note: this letter was supplied by Vance Lee, Chairman of the Gila/San Francisco Water Commission.  More info can be obtained at http://www.awsaplanning.com/AWSA_Home.html

Mr. Lopez: estevan.lopez@state.nm.us

Mr. Dunlap:  Waterjim1@live.com (email address corrected 05/20/11)

Mr. D’Antonio:  john.dantonio@state.nm.us

Governor Martinez:  Susana.martinez2@state.nm.us

-------------------- sample email letter ---------------

May 19, 2011

Mr. Estevan Lopez, Director

New Mexico Interstate Stream Commission

Dear Mr. Lopez:

In regards to the Arizona Water Settlements Act and the effort of the Interstate Stream Commission to determine use of the additional water and money, please consider this as a request for the Commission to make every effort to base its decisions on keeping the additional water in Southwest New Mexico.  It is unacceptable to continue to allow water that can be made available for use in New Mexico to continue to flow downstream into Arizona.  I am confident that there will be acceptable proposals via the application procedure in place to develop the additional water and to put it to beneficial use.

Thank you for your consideration of this request.

Sincerely,

[Name]

[address]

San Augustin Scheduling Conference

San Augustin Plains Ranch LLC scheduling conference is set for November 9, 1:30 PM at the Macey Conference Center, NM Tech. The purpose is to describe the OSE hearing process, to clarify issues in dispute and establish a schedule for the hearing.

SAWC Annual meeting May 22

The annual meeting of the San Augustin Water Coalition will be May 22 and we expect to discuss the OSE Docketing Letter. Location: Datil Elementary School gym, 6PM. There will be a brief business meeting followed by a candidates forum. 

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...

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!