San Augustin Water Grab: A Battle Won But Not the War

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... 

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!

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  3^rd 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

Speakers:  Please download full PDF file by clicking here

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]

SAWC annual meeting May 21

The annual meeting of the San Augustin Water Coalition is being held on Saturday, May 21 this year. Food will be offered from 4:00-5:15. The meeting starts at 5:30 PM at the Datil Elementary School gymnasium.

AGENDA

ANNUAL MEETING OF THE SAN AUGUSTIN WATER COALITION

MAY 21, 2011

Mission Statement:  The purpose for which SAWC is organized is 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.

Registration

Registration is for the purpose of communication after the meeting.  The Board will attempt to keep everyone informed of the progress of the Augustin Plains Ranch LLC application.  Personal information, including email address, is kept confidential.

1. Business Meeting.  Election to the Board.  Nominations for three three-year positions will be taken from the floor.
2. Keynote Speakers
   1. Steve Harris, Rio Grande Restoration
   2. Caren Cowan, Executive Director, NMCGA
   3. Don Tripp, State Representative, District 49
   4. Richard McGuire, Catron County Commissioner
3. Questions from the audience:  Please write your questions on your card to be collected by a volunteer.

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

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. 

Water Coalition Meeting April 14

San Augustin Water Coalition
Meeting of the Board
April 14, 2009
Datil Fire Department
6PM

Agenda



I. Call to order
II. Additions or changes to Agenda by Board Members
III. Reading and acceptance of minutes of previous meeting
IV. Treasurer’s report
V. Old Business
a. IRS tax exempt status
b. Water Dialogue
c. Reports from Board Members

VI. New Business
a. Catron County Fair
b. Annual Meeting
c. Socorro County Land Use Commission meeting
d. Film Maker

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

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

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

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...

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...

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/

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!

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.

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/

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.

###

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.