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...
Tuesday, September 23, 2008
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!
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