A Battle Won But Not the War
Cathie R. Eisen
Walking Water Consulting
PO Box 133
Nogal, New Mexico
April 8, 2012
Across the southern states a battle is raging for our most precious resource. The value of water has reached a premium, and it will only increase with time. As the cities and counties of the west continue to grow, so does the need for new water sources to support their ever increasing demands. While the quest for oil is on the forefront of everyone's mind, dollar for dollar, water is by far more valuable. We can live without oil if necessary, but we must have water to survive. During the past few years, several applications have been submitted to the State Engineers Office in New Mexico for the purpose of tapping into the deeper aquifers, waters which were previously deemed unusable and were until now unprotected from such requests. One by one, they have been protested and denied. This is not the end of the effort. Future legislation will support these requests as our cities continue to grow along with the residential demand for additional supplies; water for sanitary and domestic water use is and always will be a priority to developers and communities. The health and welfare of the masses could easily trump the livelihood of the rural ranchers. They are few, rural residents are many. More at Glenwood Gazette...
Showing posts with label environment. Show all posts
Showing posts with label environment. Show all posts
Monday, April 16, 2012
Wednesday, June 22, 2011
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!
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!
Monday, May 23, 2011
SAWC annual meeting 05/21/11
San Augustin Water Coalition Annual Meeting
05/21/11
Notes by Lif Strand [links have been added where they seemed useful]
Board Meeting:
Eileen Dodds (SAWC board member & treasurer): This is SAWC’s 3rd year annual meeting. Mission statement of SAWC: To protect the water resources of the San Augustin and adjacent water basins, and the public welfare, and conservation of water associated with those water resources, now and in the future. http://www.sanaugustinwatercoalition.org/
2010 was a year of concentrated activity on part of board members to spread word about water mining. Several articles have a ppeared in local, regional papers, including the Albuquerque Journal, and on websites, such as the New Mexico Water Dialogue, current issue. http://www.nmwaterdialogue.org/
Anita Hand and Eileen Dodds were guests of Don Tripp last November. They met with the Water and Natural Resources Committee to heighten their awareness of the water situation.
The May 20, 2011 OSE meeting cancelled due to the retirement of Victor Kovach (hearing officer). We will now have to start over with a new hearing officer. SAWC will keep all informed; please make sure SAWC has your email addresses.
Carol Pittman found a grant, applied and SAWC was awarded $5,000 to produce a brochure. The funds covered the layout and printing of 10,000 copies. The brochure will be distributed state-wide.
Goals for 2012 include possible drafting legislation requests to the Water & Natural Resource Committee. SAWC also wants to encourage Catron County Commission to continue its vigilance.
Current board: Ruth Guin (chair), Roy Farr, Nicole Sanders, Eileen Dodds, Anita Hand, Linn Kennedy & Carol Pittman.
Election of 4 to board: Two vacancies, plus Eileen & Anita’s positions. Responsibilities – manages business & affairs of SAWC.
- Anita Hand’s position: Reelected
- Eileen Dodd’s position (including treasurer job): Reelected
- Two new positions increased to three, since SAWC bylaws allow for twelve. Elected: Dennis Inman, Don Wiltshire and Charlene Wagner
Thursday, December 2, 2010
New Catron County water grab resource
Forwarded from San Augustin Water Coalition (SAWC):
There is a new website that you will find interesting. Our friends and supporters up north are helping to spread the word around the state about our water grab fight and about other serious water issues. newmexicowaterandpolitics.wordpress.com
There is a new website that you will find interesting. Our friends and supporters up north are helping to spread the word around the state about our water grab fight and about other serious water issues. newmexicowaterandpolitics.wordpress.com
Wednesday, September 29, 2010
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.
Tuesday, May 4, 2010
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.
Tuesday, October 28, 2008
Gov. Richardson & water grab
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
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
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
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
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/
Tuesday, December 18, 2007
Gila Conservation Coalition Files Protest of Augustin Ranch Water Proposal
Contacts:
Allyson Siwik, Executive Director
Gila Conservation Coalition
575.538.8078 office
575.590.7619 cell
Gila Conservation Coalition Files Protest of Augustin Ranch Water Proposal
Protest cites potential impacts to Upper Gila River Basin
December 17, 2007; Silver City, NM --- The Gila Conservation Coalition, Center for Biological Diversity and the Upper Gila Watershed Alliance filed today with the Office of the State Engineer a protest of the Augustin Ranch LLC proposal to withdraw 54,000 acre-feet per year from the San Augustine groundwater aquifer to meet compact delivery requirements to Texas. The protest states that the Augustin Ranch application is detrimental to the public welfare and contrary to the conservation of water of the state.
“Given that there is some technical evidence that the San Augustine Basin recharges the headwaters of the Gila, we are very concerned about impacts to surface flows of the Gila River,” stated Allyson Siwik, Executive Director of the Gila Conservation Coalition. “Water withdrawals of this magnitude threaten the productivity of existing wells and the future water supply for the communities within the San Augustine Basin, as well as threaten the existence of springs and surface water flows, including the Gila River. The Gila River is New Mexico’s last free-flowing mainstem river and a number of threatened and endangered species rely on its natural cycle of flows for their survival.”
The protest explains that the proposal is contrary to the conservation of water of the state given that extracting such a large quantity of groundwater from the San Augustine Basin aquifer and piping it to the Rio Grande is a waste of New Mexico’s precious groundwater resources especially considering the significant evaporative losses that would result from storage in Elephant Butte Lake. Siwik stated that “Albuquerque, Rio Rancho and Santa Fe should be required to live within their water budgets rather than allowed to grow uncontrollably. Granting of this application would set a precedent for state water law that could impact rural areas such as ours throughout the state.”
Bruce Frederick, attorney with the New Mexico Environmental Law Center, filed the protest today on behalf of the conservation groups.
###
Allyson Siwik, Executive Director
Gila Conservation Coalition
575.538.8078 office
575.590.7619 cell
Gila Conservation Coalition Files Protest of Augustin Ranch Water Proposal
Protest cites potential impacts to Upper Gila River Basin
December 17, 2007; Silver City, NM --- The Gila Conservation Coalition, Center for Biological Diversity and the Upper Gila Watershed Alliance filed today with the Office of the State Engineer a protest of the Augustin Ranch LLC proposal to withdraw 54,000 acre-feet per year from the San Augustine groundwater aquifer to meet compact delivery requirements to Texas. The protest states that the Augustin Ranch application is detrimental to the public welfare and contrary to the conservation of water of the state.
“Given that there is some technical evidence that the San Augustine Basin recharges the headwaters of the Gila, we are very concerned about impacts to surface flows of the Gila River,” stated Allyson Siwik, Executive Director of the Gila Conservation Coalition. “Water withdrawals of this magnitude threaten the productivity of existing wells and the future water supply for the communities within the San Augustine Basin, as well as threaten the existence of springs and surface water flows, including the Gila River. The Gila River is New Mexico’s last free-flowing mainstem river and a number of threatened and endangered species rely on its natural cycle of flows for their survival.”
The protest explains that the proposal is contrary to the conservation of water of the state given that extracting such a large quantity of groundwater from the San Augustine Basin aquifer and piping it to the Rio Grande is a waste of New Mexico’s precious groundwater resources especially considering the significant evaporative losses that would result from storage in Elephant Butte Lake. Siwik stated that “Albuquerque, Rio Rancho and Santa Fe should be required to live within their water budgets rather than allowed to grow uncontrollably. Granting of this application would set a precedent for state water law that could impact rural areas such as ours throughout the state.”
Bruce Frederick, attorney with the New Mexico Environmental Law Center, filed the protest today on behalf of the conservation groups.
###
Monday, December 10, 2007
1973 San Augustine Plains Hydrology Report
The 1973 San Augustine Plains Hydrology Report has been posted to the web at www.catroncounty.net/water/docs.htm. It is a PDF file for download, 4.5 MB.
ISC protest letter
Date: Mon, 10 Dec 2007 17:54:08 -0500
From: Bill Hume via Don Tripp
Greetings Rep. Tripp,
I heard you had some concerns about the San Augustin pumping application and the state's involvement. I can assure you that no agency of the state has a dog in this fight beyond the statutory duties of the state engineer to ultimately rule on the application. John D'Antonio has been quoted as saying due diligence on this will take at least two years. Also, in the attached letter, is the protest to the application filed late last week by ISC. [note: this letter is available as a PDF download at www.catroncounty.net/water/sample.htm]
These sort of major water developments can't be dismissed out of hand as never being worthwhile, but this particular application is not on the state's radar screen as something to nurture or encourage. I will try to keep you posted on developments as I learn of them, and if you hear of something, please query me.
Regards, Bill Hume (office of the Governor of New Mexico)
From: Bill Hume via Don Tripp
Greetings Rep. Tripp,
I heard you had some concerns about the San Augustin pumping application and the state's involvement. I can assure you that no agency of the state has a dog in this fight beyond the statutory duties of the state engineer to ultimately rule on the application. John D'Antonio has been quoted as saying due diligence on this will take at least two years. Also, in the attached letter, is the protest to the application filed late last week by ISC. [note: this letter is available as a PDF download at www.catroncounty.net/water/sample.htm]
These sort of major water developments can't be dismissed out of hand as never being worthwhile, but this particular application is not on the state's radar screen as something to nurture or encourage. I will try to keep you posted on developments as I learn of them, and if you hear of something, please query me.
Regards, Bill Hume (office of the Governor of New Mexico)
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