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!
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/
Friday, February 8, 2008
New info on Water Coalition website
New info has been posted about the Broe and the Augustin Plains water drilling permit applications.
http://www.catroncounty.net/water
Broe Land & Acquisitions III second conference Monday, June 9, 2008
Augustin Plains Ranch LLC status as of 02/08/08
http://www.catroncounty.net/water
Broe Land & Acquisitions III second conference Monday, June 9, 2008
Augustin Plains Ranch LLC status as of 02/08/08
Sunday, December 30, 2007
Water application draws protest
By Staci Matlock | The New Mexican 12/18/2007
A board member from the Middle Rio Grande Conservancy District, the U.S. Forest Service and three conservation groups were among those filing more than 200 protests against a New York company's application to pump groundwater from the San Augustin Plains. [more]
A board member from the Middle Rio Grande Conservancy District, the U.S. Forest Service and three conservation groups were among those filing more than 200 protests against a New York company's application to pump groundwater from the San Augustin Plains. [more]
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.
###
Sunday, December 16, 2007
Great editorial with lots of food for thought at the Santa Fe New Mexican website: 'Ingeniero,' be wary of water-drilling deal
http://www.santafenewmexican.com/Story/Our_view_Ingeniero__be_wary_of_water_drilling_deal
Bonanza! Our water worries are over! All our desert state has to do is give a New York water company carte blanche to drill a bunch of wells west of Socorro, out on the San Agustín Plains past the radiotelescope array. Then we'll find ourselves with 54,000 acre-feet of water we didn't even know we had ...
Gee, that'd go a long way toward paying our interstate-stream debt to Texas. In turn, it would allow the alfalfa farmers of the Río Grande Valley to cash in their water rights with developers dying to sprawl Albuquerque from horizon to horizon. The Phoenix-Las Vegas-Los Angeles triangle of subdivisions would have nothing on us. And is anybody interested in buying beachfront lots at Jornada del Muerto Estates?
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)
Thursday, December 6, 2007
Purpose of this blog
Welcome to this blog, the purpose for which is to pool our resources to work to save our water rights in Catron County.
Please review the information at www.catroncounty.net and follow the directions for your protest letter. If you have more information to add or wish for help, please comment here. If you can help us in any way - volunteer your time, your resources, your legal or hydrological expertise - please email us directly at water@catroncounty.net.
Thank you.
Please review the information at www.catroncounty.net and follow the directions for your protest letter. If you have more information to add or wish for help, please comment here. If you can help us in any way - volunteer your time, your resources, your legal or hydrological expertise - please email us directly at water@catroncounty.net.
Thank you.
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