2016
- DECEMBER THROUGH AUGUST
December
30, 2016 - ALEC's Little Brother, ACCE, Has Big Plans for 2017 - Influencing
local government
TruthOut
December
23, 2016 - Indian
Power - New Mexico tribes catapult into politics and join the state's water tug-of-war.
(April 2003 - scroll down) High
Country News
December
19, 2016 -
Intent of the Office of the State Engineer -
What
is the intent of the Office of the State Engineer when it comes to dealing with
large water withdrawals from one basin to another (inter-basin transfers)? This
is a question that is on minds of the residents of the Plains of San Augustin.
The notion that the transferring of water from one location to another so that
that one group of people can live and prosper at the expense of another group
of people is flawed thinking, to many of the rural residents in New Mexico. The
Augustin Plains Ranch, LLC application for 54,000 acre feet of water annually
from the Plains of San Augustin is just such a plan. And if this application is
granted by the State Engineer; why wouldn't another application from this location,
not be granted? Is it the intent to drain the Plains of San Augustin so that the
current residents have to move somewhere else? This
brings up the question of impairment to existing wells and water rights. If rich
people with political connections and influence can sway the State Engineer and
his office to grant these transfers at the expense of people in rural areas and
cause financial difficulties as well as drain their aquifer is this not impairment?
This is something that is not supposed to happen under state statutes. When and
if the LLC gets their request and the project goes forward, it is not just a matter
of the local rancher and other current residents in the basin to deepen their
wells. This is matter of drilling new wells to a depth of 2,000 feet to compete
with the LLC's wells. This would place a financial hardship on these folks and
bankrupt many others, as they do not have the financial resources that the LLC
has. Is this type of activity really in the states best interest? Why would they
want to harm or alienate one group of people in favor of another?
The
Plains of San Augustin are already feeling the effects of a prolong draught and
the existing pumping of water under the state's permit system. There are wells
in the southwestern part of the plains that are showing signs of decline. With
the groundwater gradient flow for the whole basin toward the southwest and the
Continental Divide this does not bode well for the Gila and San Francisco Rivers
which have been adjudicated under the Arizona Water Settlement Act (AWSA). This
application has the potential to decrease the amount of available water to the
aforementioned rivers which opens the State up for yet another water law suit.
The basin is leaking groundwater at such a rate that annual rain and snow fall
is NOT recharging the basin sufficiently.
So
why is this application still going forward? Is there an agenda that we are unaware
of, or is it just incompetence on the State's part, that 10 years later we are
still dealing with this screwball application?
Dennis Inman - Geologist.
Download the commentary 
December
19, 2016 -
Intent of the Office of the State Engineer -
What
is the intent of the Office of the State Engineer when it comes to dealing with
large water withdrawals from one basin to another (inter-basin transfers)?
Commentary
by Dennis Inman - Geologist
Indian
Power - New Mexico tribes catapult into politics and join the state's water tug-of-war.
(April 2003)
High
Country News
December
7, 2016 -
Two books that may be of interest re: APR issue …
Land Grants
& Lawsuits in Northern New Mexico by Malcolm Ebright, 2008 edition
(Southwest books - Center
for land grant studies
Land,
Water & Culture: New Perspectives on Hispanic Land Grants, - Briggs, 1987
(Amazon link) Below
are several pertinent articles reference in the Ebright work, from the Journal
of the Southwest, Autumn, 1990. They go with this excerpt.... Generally,
ancient Hispanic practices as to the location and boundaries of land grants, water
rights, do not conform and have not conformed to Anglo-American standards for
legal descriptions...as a result...
Absolute title with the right to sell
water is an Anglo concept imposed on New Mexico water users fairly recently, and
like the imposition of a partition suit, it will inevitably lead to the loss of
water rights, just as the partition suit resulted in the loss of common lands.
Communal control of irrigation water by acequia associations has helped the communities
that use those resources to survive, but with privatization both water rights
and the communities themselves are in jeopardy...." - Frances Levine in "Dividing
the Water," Attached
are the full text of articles from the Autumn issue of Journal of the Southwest
that may be of use giving some legal and common law background behind some of
these water fights....
Dividing
the water.pdf
Dancing
for Water.pdf
Acequia
Rights Law and Tradition.pdf
The
entire Autumn, 1990 issue of Journal of the Southwest was devoted to Water Rights
in New Mexico. (Three examples below) Of course, there are many other studies,
some more recent, but the back-grounding in the issues were adjudicated in the
courts of the last 60-70 years....
Land,
Water, and Pueblo-Hispanic Relations in Northern New Mexico - Autumn 1990 -Quantana
Applied
Research on Land and Water in New Mexico: A Critique - Autumn 1900 - Rodriguez
"A
Never-ending source of Water: Agriculture, Society, and Aquifer Deletion on the
Coast of Hermosillo, Snorooa - Winter 2012 - Moreno
In
researching the subject documents it's important to make a distinction between
water law, water rights, surface water and groundwater.
The term acquifer[s]
is not useful because most of the hydrological studies that refer to acquifers
do so in terms of groundwater vs. surface water. There is an additional problem
because while everyone knows that surface waters are related to rivers and groundwater
basins, the knowledge of groundwater.
Sources are often highly technical
in its exact relationship. Claims about recharging groundwater resources periodically,
or about depleting such resources … torture the definitions of water rights
on the surface and their relationship to groundwater basins and the connection
of those groundwater resources to flowing rivers. The geologic fact of the course
of the Rio Grande through New Mexico has also made arguments about urban growth
and water resource management highly political....and stretched the concepts around
common lands and resources....
2 articles below are representative about the
issues and case law
Of course the APR issue is "privatization" of
something underground that can be attached or sold off like a separate mineral
resource and detached from or attached to the concept of private property. That
may mean that they can put the resource into a deed of conveyance, but the issue
of adjudicating the true ownership of the same resource in a court of law is often
technical and highly flawed when it comes to politicians, judges, and state agencies
such as the New Mexico State Engineer....having been captured by corporate interests....
The
issues about whether the community, smaller or larger, has rights to manage the
use of groundwater resources have not recently been accorded priority when stood
up against private property concepts. From
the Chicago-Kent College of Law Scholarly Commons @ IIT Chicago-Kent College of
Law ...
Water
Supply and Urban Growth in NM - Same old same old, or a new era - March 1, 2003
Transboundary
Aquifers: Conceptual Models for Development of International Law - Ground Water
43 No.5 – Eckstein
The
commentary above can be downloaded here References:
Journal of the Southwest (wiki)
Journal of the Southwest website
Focusing
on P3 in the context of the Plains water project is like complaining that the
mugger who slugged me and stole my wallet had dirty fingernails. It is not the
subject of primary concern. . Reviewing
SB0077 (1) … (the legislation) includes both surface and underground water.
I see that it adds a few requirements to those already required to be addressed
by the OSE. However, I don't see that it presents special hurdles to the APR,
and it also lacks detail in some areas: (9)
whether the entity in the receiving basin has prepared and implemented a drought
contingency plan and an approved water conservation plan; Approved
by whom? (3)
benefits presently and prospectively derived from the return flow of water used
within the basin of
origin that will be eliminated by the proposed out-of-basin
use; What
is return flow? Return from where? (11)
whether the source of supply can reliably sustain the diversion's anticipated
firm yield considering the
predicted effects of climate change on precipitation
patterns and temperature in the basin of origin. The
APR, despite its greenwashing about capturing surface water for recharging the
aquifer, admits that there is negligible natural recharge and has presented no
evidence that it can achieve artificial recharge. It claims that irrespective
of such activity (and thus of climate-associated changes to precipitation patterns)
the water reservoir underlying the Plains contains 300 years' worth of pumping
at the stated rate. So all it has to do to meet condition 11) is abandon the flimsy
pretense that it will do any recharging.
Finally, if I were the APR, I'd
guarantee Plains residents an ample supply of water at a nominal rate. My money's
being made from the Valley communities, especially once they're dependent on "my"
water to sustain the overdevelopment that its consumption permits. I see no problem
doling out a few hundred acre-feet to keep the locals happy. So
what are you prepared to do when the APR makes this guarantee: never mind about
your wells; we'll meet your water needs! First,
do you object to this situation? If not, where's the problem? Second:
if you do object to it, what in any existing or proposed water law gives you any
legal ground to prevent it? I really think you ought to answer both of these questions.
If you can't, this legislation business just invites pettifoggery on both sides
by evading the real issue. Happily,
I don't see how the APR can expect to overcome the objection that wrecked their
previous proposal: they have no end user and are merely speculating.
(1)
Links to SB 77 -
NM SB 77 link to NM.gov or
Inter
Basin Water Transfer Senate bill 2014
Jim Nelson - Magdalena
Download
the above commentary
December
6, 2016 -
Focusing on P3 in the context of the Plains water project is
like complaining that the mugger who slugged me and stole my wallet had dirty
fingernails. It is not the subject of primary concern. Reviewing
SB0077 (1) … (the legislation) includes both surface and underground water.
I see that it adds a few requirements to those already required to be addressed
by the OSE. However, I don't see that it presents special hurdles to the APR,
and it also lacks detail in some areas: (9)
whether the entity in the receiving basin has prepared and implemented a drought
contingency plan and an approved water conservation plan; Approved
by whom? (3)
benefits presently and prospectively derived from the return flow of water used
within the basin of
origin that will be eliminated by the proposed out-of-basin
use; What
is return flow? Return from where? (11)
whether the source of supply can reliably sustain the diversion's anticipated
firm yield considering the
predicted effects of climate change on precipitation
patterns and temperature in the basin of origin. The
APR, despite its greenwashing about capturing surface water for recharging the
aquifer, admits that there is negligible natural recharge and has presented no
evidence that it can achieve artificial recharge. It claims that irrespective
of such activity (and thus of climate-associated changes to precipitation patterns)
the water reservoir underlying the Plains contains 300 years' worth of pumping
at the stated rate. So all it has to do to meet condition 11) is abandon the flimsy
pretense that it will do any recharging. Finally,
if I were the APR, I'd guarantee Plains residents an ample supply of water at
a nominal rate. My money's being made from the Valley communities, especially
once they're dependent on "my" water to sustain the overdevelopment
that its consumption permits. I see no problem doling out a few hundred acre-feet
to keep the locals happy. So
what are you prepared to do when the APR makes this guarantee: never mind about
your wells; we'll meet your water needs! First,
do you object to this situation? If not, where's the problem? Second:
if you do object to it, what in any existing or proposed water law gives you any
legal ground to prevent it? I really think you ought to answer both of these questions.
If you can't, this legislation business just invites pettifoggery on both sides
by evading the real issue. Happily,
I don't see how the APR can expect to overcome the objection that wrecked their
previous proposal: they have no end user and are merely speculating.
(1)
Links to SB 77 -
NM SB 77 link to NM.gov or
Inter
Basin Water Transfer Senate bill 2014
Jim Nelson - Magdalena
Download
the above commentary
November
27, 2016 -
ALEC, is deeply imbeded in NM politics .... "Corporations
and the Richest Americans Viscerally Oppose Common Good. The Masters of Mankind
want us to become the "stupid nation," in the interests of their short-term
gain -- damn the consequences." Alternet
Part 1 Part
2 November
22, 2016 - P3 in Canada - Guardian
November 20, 2016 -
As you know, the Augustin Plains Ranch LLC (APR LLC) has published its amended
application to mine water in the Plains of San Augustin basin. Despite the fact
that we already beat this proposal, State Engineer Blaine has apparently given
the Ranch's illegal proposal another shot. Unfortunately, this proceeding probably
won't be like the last one - the Ranch has asked for a technical hearing .
You may remember that when we began this fight, we were told that we might
have to hire a hydrologist. That day has come.
Here
is why it is so important that our side has its own scientific expert: APR has
commissioned a study that shows that pumping 54000 acre-feet/year will not affect
our wells. You and I know that this is patent nonsense. However, as you may guess,
the State Engineer and the courts will place little value on our gut reactions.
Instead, they will be swayed by the testimony of hydrologists … which means
that we need a hydrologist. And while we do not agree that this is right or fair,
it is the reality we must deal with. More
detail click here: November
4, 2016 -
Officials listen to water concerns.
More than 80
ranchers and concerned citizens ... (attended) a meeting by the Interim Legislative
Committee for Water and Natural Resources to discuss the Augustin Plains Ranch
LLC (APR) plan...More
here October
27, 2016 -
Report
on October 26, 2016 Water and Natural Resources commission, APR testimony.
By Carol Pittman Related:
SB0077 - Inter Basin Water Transfer Senate bill 2014 SB-248
- Requiring the Interstate Stream Commission to Fully Fund the Grant County Regional
Water Supply from the New Mexico Unit Fund. October
27, 2016 -
People
need to oppose water grab - Chieftain
Web
sites of interest:
The 2001 Legislature enacted the Water
Project Finance Act which created the Water Project Fund in the NMFA and
charged the NMFA with the administration of the Fund and the Water Trust Board.
Click
here USGS
Water Resources in NM click
here
USGS water-resource projects in NM click
here
Current
Water P3 Market and US EPA Activities - Seattle,
April 21-22, 2016 - Report Aquifer
Compaction, Recovery in Albuquerque Basin - 1 page report Ground
water level data for Albuquerque and surrounding areas. - 1 page report
There's
a Global Crisis Looming:
By 2030, Four Out of 10 People Won’t Have Access to Water. October
18, 2016 -
Next week (26th) Water
and Natural Resources Committee Agenda and Map
WNR
Committee website October
13, 2016 -
APR Q&A published in the Chieftain
October
13, 2061 -
Protesting
Ranche's Water Application - letter to the editor by Emily Johnson
October
12, 2016 - The Water and Natural Resources Meeting on Wed. Oct. 26th The
San Augustin Plains presentation is scheduled for 2:30 p.m. on Wednesday in Socorro.
So
it’s still undecided whether public comment will be received at the meeting.
We should know on Friday when the final agenda is posted on the committee website.
A message from Eileen Dodds stated:
SAWC
is on the agenda for W&NR in Socorro.
October
7, 2016 - KNME on APR project. New Mexico in Focus program:
YouTube
website
Or
download the video MP4 format UPDATE:
Related information referred in the video -
Wild
Earth Guardians
Sept
30, 2016 - Environmental
group ask state to deny firm’s request for water permit (SF New Mexican)
August
17, 2016 - New
Mexico official clears way for hearing on water proposal (SF New Mexican)
Former
politicians in the video::
Dan
Foley in the panel discussion
Joe Stell
Named in the discussion October
6, 2016 - Looming megadroughts in western US would make current drought look
minor:
Warming temperatures and uncertain rainfall mean if more isn’t
done to slow climate change, droughts lasting 35 years could blight western states,
study says... Full
article here
or download
here
Related: Above article based on this full report:
Relative impacts of mitigation,
temperature, and
precipitation on 21st-century megadrought
risk in
the American Southwest.pdf Octobber
6, 2016 -
The meeting of the Interim Legislative Committee on Water and
Natural Resources will be held in Socorro on October 26
at New Mexico Tech. I don’t have a time yet, but probably it will
be afternoon. I’ll let you know about that as soon as I know. The Augustin
Plains will be on the agenda and we will be allowed to speak at the meeting, so
think about what you might like to tell the committee.
This is very good
news. If you want to call and thank Don Tripp, that would be very nice (or email
him):
phone 575-835-2461 or 1-800-256-1569
email: trippsdon@netscape.net Energy-Water
Nexus - Water
and energy are inextricably linked and mutually dependent, with each affecting
the other’s availability. Water is needed for energy development and generation,
and energy is required to supply, use, and treat drinking water and wastewater.
Water and energy are also essential to our health, quality of life, and economic
growth, and demand for both these resources continues to rise. GAO
Report
The FULL APR application is available below which
contains all the exhibits, etc.., It is extremely important to review it. Basically
they are going to take our water, destroy the ecosystem and leave us with sinking
land and a desert. Meanwhile, sell the water, what is left, back to us. April
28, 2016 APR Full 168 page application
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