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WATER RIGHTS
Catron County Water Coalition
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Important reference documents
(posted soon as we get them)
Amended Augustin Plains Ranch LLC application
Public
notice by Augustin Plains Ranch LLC (first application)
1973 San Augustine
Plains hydrology report [PDF download 4.5 MB]
Motion to Intervene in
order to Protect Water Rights with Priority (in
mattter of applications of Broe Land Acquisitions
III, LLC
Notes from Public meetings (Datil Dec 4, 2007; Catron County Commission meeting, Dec 5, 2007. Notes taken by Lif Strand
Maps:
OSE surface basins
OSE underground basins
OSE declared basins
Published public notice by Augustin Plains Ranch LLC
County: Catron, Socorro
Name: Augustin Plains Ranch
File No.: RG-89943
NOTICE is hereby given that on October 12, 2007, Augustin Plains Ranch, LLC, c/o Law & Resource Planning Associates, P.C., 201 Third Street NW, Suite 1750, Albuquerque, NM 87102, filed Application No. RG-89943 with the STATE ENGINEER for Permit to Appropriate Underground Water in the Rio Grande Underground Water Basin.
The applicant proposes to drill 37 wells, all with 20-inch casing, and all approximately 2000 feet deep, to be located at coordinates described below in Catron County on land owned by the applicant. The applicant further proposes to divert and consumptively use 54,000 acre-feet of ground water per annum for domestic, livestock, irrigation, municipal, industrial, and commercial purposes of use, to include "providing water to the State of New Mexico to augment its capacity to meet [Rio Grande Compact] deliveries to the State of Texas…at Elephant Butte dam," and "[offsetting] effects of ground water pumping on the Rio Grande in lieu of retirement of agriculture" via a pipeline to the Rio Grande.
The proposed well locations follow:
Well RG-89943-POD1 (applicant's Well
No. 1): 34 degrees, 13 minutes, 29.779
seconds North Latitude, 107 degrees,
43 minutes, 13.037 seconds West Longitude;
Well RG-89943-POD2 (applicant's Well
No. 2): 34 degrees, 12 minutes, 58.958
seconds North Latitude, 107 degrees, 43
minutes, 12.778 seconds West Longitude;
Well RG-89943-POD3 (applicant's Well
No. 3): 34 degrees, 12 minutes, 58.177
seconds North Latitude, 107 degrees, 43
minutes, 47.907 seconds West Longitude;
Well RG-89943-POD4 (applicant's Well
No. 4): 34 degrees, 12 minutes, 35.848
seconds North Latitude, 107 degrees, 43
minutes, 13.644 seconds West Longitude;
Well RG-89943-POD5 (applicant's Well
No. 5): 34 degrees, 12 minutes, 36.275
seconds North Latitude, 107 degrees, 43
minutes, 47.142 seconds West Longitude;
Well RG-89943-POD6 (applicant's Well
No. 6): 34 degrees, 12 minutes, 6.665 seconds
North Latitude, 107 degrees, 43 minutes,
48.654 seconds West Longitude;
Well RG-89943-POD7 (applicant's Well
No. 7): 34 degrees, 12 minutes, 5.993 seconds
North Latitude, 107 degrees, 43 minutes,
13.036 seconds West Longitude;
Well RG-89943-POD8 (applicant's Well
No. 8): 34 degrees, 10 minutes, 1.772 seconds
North Latitude, 107 degrees, 44 minutes,
16.442 seconds West Longitude;
Well RG-89943-POD9 (applicant's Well
No. 9): 34 degrees, 10 minutes, 0.982 seconds
North Latitude, 107 degrees, 44 minutes,
51.761 seconds West Longitude;
Well RG-89943-POD10 (applicant's
Well No. 10): 34 degrees, 9 minutes, 31.664
seconds North Latitude, 107 degrees, 44
minutes, 48.998 seconds West Longitude;
Well RG-89943-POD11 (applicant's
Well No. 11): 34 degrees, 9 minutes, 32.342
seconds North Latitude, 107 degrees, 44
minutes, 18.662 seconds West Longitude;
Well RG-89943-POD12 (applicant's
Well No. 12): 34 degrees, 9 minutes, 7.181
seconds North Latitude, 107 degrees, 45
minutes, 18.499 seconds West Longitude;
Well RG-89943-POD13 (applicant's
Well No. 13): 34 degrees, 9 minutes, 7.200
seconds North Latitude, 107 degrees, 45
minutes, 51.100 seconds West Longitude;
Well RG-89943-POD14 (applicant's
Well No. 14): 34 degrees, 8 minutes, 40.493
seconds North Latitude, 107 degrees, 45
minutes, 50.229 seconds West Longitude;
Well RG-89943-POD15 (applicant's
Well No. 15): 34 degrees, 8 minutes, 40.850
seconds North Latitude, 107 degrees, 45
minutes, 17.644 seconds West Longitude;
Well RG-89943-POD16 (applicant's
Well No. 16): 34 degrees, 8 minutes, 17.728
seconds North Latitude, 107 degrees, 44
minutes, 15.850 seconds West Longitude;
Well RG-89943-POD17 (applicant's
Well No. 17): 34 degrees, 8 minutes, 17.186
seconds North Latitude, 107 degrees, 44
minutes, 49.916 seconds West Longitude;
Well RG-89943-POD18 (applicant's
Well No. 18): 34 degrees, 7 minutes, 43.544
seconds North Latitude, 107 degrees, 44
minutes, 51.204 seconds West Longitude;
Well RG-89943-POD19 (applicant's
Well No. 19): 34 degrees, 7 minutes, 43.653
seconds North Latitude, 107 degrees, 44
minutes, 16.864 seconds West Longitude;
Well RG-89943-POD20 (applicant's
Well No. 20): 34 degrees, 8 minutes, 15.697
seconds North Latitude, 107 degrees, 45
minutes, 17.752 seconds West Longitude;
Well RG-89943-POD21 (applicant's
Well No. 21): 34 degrees, 8 minutes, 15.832
seconds North Latitude, 107 degrees, 45
minutes, 50.787 seconds West Longitude;
Well RG-89943-POD22 (applicant's
Well No. 22): 34 degrees, 7 minutes, 44.814
seconds North Latitude, 107 degrees, 45
minutes, 52.419 seconds West Longitude;
Well RG-89943-POD23 (applicant's
Well No. 23): 34 degrees, 7 minutes, 44.043
seconds North Latitude, 107 degrees, 45
minutes, 18.309 seconds West Longitude;
Well RG-89943-POD24 (applicant's
Well No. 24): 34 degrees, 7 minutes, 21.076
seconds North Latitude, 107 degrees, 45
minutes, 18.892 seconds West Longitude;
Well RG-89943-POD25 (applicant's
Well No. 25): 34 degrees, 7 minutes, 20.532
seconds North Latitude, 107 degrees, 45
minutes, 53.118 seconds West Longitude;
Well RG-89943-POD26 (applicant's
Well No. 26): 34 degrees, 7 minutes, 21.630
seconds North Latitude, 107 degrees, 46
minutes, 19.041 seconds West Longitude;
Well RG-89943-POD27 (applicant's
Well No. 27): 34 degrees, 6 minutes, 52.325
seconds North Latitude, 107 degrees, 45
minutes, 20.948 seconds West Longitude;
Well RG-89943-POD28 (applicant's
Well No. 28): 34 degrees, 7 minutes, 22.957
seconds North Latitude, 107 degrees, 44
minutes, 15.086 seconds West Longitude;
Well RG-89943-POD29 (applicant's
Well No. 29): 34 degrees, 7 minutes, 21.062
seconds North Latitude, 107 degrees, 44
minutes, 49.269 seconds West Longitude;
Well RG-89943-POD30 (applicant's
Well No. 30): 34 degrees, 6 minutes, 53.305
seconds North Latitude, 107 degrees, 44
minutes, 47.283 seconds West Longitude;
Well RG-89943-POD31 (applicant's
Well No. 31): 34 degrees, 6 minutes, 53.777
seconds North Latitude, 107 degrees, 44
minutes, 16.047 seconds West Longitude;
Well RG-89943-POD32 (applicant's
Well No. 32): 34 degrees, 6 minutes, 32.564
seconds North Latitude, 107 degrees, 44
minutes, 14.548 seconds West Longitude;
Well RG-89943-POD33 (applicant's
Well No. 33): 34 degrees, 6 minutes, 32.477
seconds North Latitude, 107 degrees, 44
minutes, 48.784 seconds West Longitude;
Well RG-89943-POD34 (applicant's
Well No. 34): 34 degrees, 7 minutes, 45.577
seconds North Latitude, 107 degrees, 46
minutes, 20.103 seconds West Longitude;
Well RG-89943-POD35 (applicant's
Well No. 35): 34 degrees, 8 minutes, 14.721
seconds North Latitude, 107 degrees, 46
minutes, 17.697 seconds West Longitude;
Well RG-89943-POD36 (applicant's
Well No. 36): 34 degrees, 10 minutes, 1.553
seconds North Latitude, 107 degrees, 45
minutes, 15.118 seconds West Longitude;
and
Well RG-89943-POD37 (applicant's
Well No. 37): 34 degrees, 9 minutes, 30.586
seconds North Latitude, 107 degrees, 45
minutes, 15.791 seconds West Longitude.
The proposed place of use "is within the exterior boundaries of Catron County, Socorro County, and Augustin Plains Ranch." The location of Augustin Plains Ranch is described as follows:
Township 1 South, Range 9 West, NMPM:
S1/2 Section 1; Section 12; Section
13; Section 14; Section 15; Section 16;
W1/2, NE1/4, and SE1/4 Section 20; W1/2,
SE1/4, and NE1/4 Section 21; Section
22; Section 23; Section 24; Section 27;
Section 28; Section 29; Section 32; Section
33; and Section 34; all in Catron County.
Township 2 South, Range 9 West, NMPM:
NW1/4 SW1/4 Section 1; Lots 1, 2,
3, 4, S1/2 N1/2, and S1/2 Section 2;
Section 3; Section 4; S1/2 SE1/4 Section
7; E1/2, S1/2 SW1/4 Section 8; Section
10; Section 14; Section 15; Section 16;
Section 17; Lot 1, NE1/4 NW1/4, N1/2
NE1/4, SE1/4 NE1/4, S1/2 S1/2, and NE1/4
SE1/4 Section 18; NE1/4, N1/2 NW1/4 Section
21; N1/2, N1/2 SW1/4, N1/2 SE1/4, and
SE1/4 SE1/4 Section 22; Section 23; and
all that portion of Section 26 which
lies north of U.S. Highway 60; all in
Catron County.
The proposed wells are generally located north and south of U.S. Highway 60 between the Catron-Socorro County Line and Datil, New Mexico. The proposed place of use includes all of Catron and Socorro Counties.
Any person or other entity shall have standing to file an objection or protest if they object that the granting of the application will: (1) Be detrimental to the objector's water right; or (2) Be contrary to the conservation of water within the state or detrimental to the public welfare of the state, provided that the objector shows how they will be substantially and specifically affected by the granting of the application.
A valid objection or protest shall set
forth the grounds for asserting standing
and shall be legible, signed, and include
the complete mailing address of the objector.
An objection or protest must be filed with
the state engineer not later than 10 calendar
days after the date of the last publication
of this notice. An objection or protest
may be mailed to the Office of the State
Engineer, 121 Tijeras NE, Suite 2000, Albuquerque,
NM 87102-3465, or faxed to 505/764-3892
provided the original is hand-delivered
or postmarked within 24 hours after transmission
of the fax. The State Engineer will take
the application up for consideration in
the most appropriate and timely manner
practical.
STATE OF NEW MEXICO
OFFICE OF THE STATE ENGINEER
IN THE MATTER OF THE APPLICATIONS OF
BROE LAND ACQUISITIONS III, LLC, Applicant
File Numbers: G-2608, G-2609, G-294, G-826, G-2641, G-2642, G-2643, G-2644, G-2645, G-2646, G-2647, G-2648, G-2649, G-2650, G-2651, G-2560 and G-294-POD 2
HU Number: 07-048
Motion to Intervene
in order to Protect
Water Rights with
Priority
COMES NOW Kevin Sweazea, Trustee of Rito Creek Ranch Trust, and respectfully requests that the Hearing Examiner permit him to intervene in the applications for water rights referenced in the caption in order for Movant to protest those applications for water rights, and in support, states:
1. Movant Rito Creek Ranch Trust is the owner of approximately 8,660 acres of fee lands, and holds grazing leases to approximately 8,480 acres of State and Federal lands, situate in Catron County, New Mexico. The aforementioned lands are referred to as “Rito Creek Ranch” in this pleading. Rito Creek Ranch is located in Township 1 North, Range 14 West, Township 1 North Range 15 West, Township 2 North, Range 14 West, and Township 2 North, Range 15 West. Rito Creek Ranch is within ten miles of some of Applicant’s proposed wells.
2. Rito Creek Ranch is benefited by 10 water wells, known as Headquarters well, Old Headquarters well, West well, Wadley well, Palmer well, Crawford well, East Crawford well, Southwest Cat Hill well, East well, and Cat Hill well. The aforementioned wells have priority dates as far back in time as the 1920’s, and provide water for Rito Creek Ranch for commercial livestock grazing and for domestic and household use.
3. Rito Creek Ranch is benefited by water rights for the irrigation of approximately 850 acres of lands situate within Rito Creek Ranch, with the sources of the waters being Rito Springs and precipitation, and with such irrigation rights having a priority date prior to 1907.
4. Rito Creek Ranch is benefited by water rights for the impoundment and storage of water in Sweazea Lake, situate on Rito Creek Ranch, with the historical uses of the water being for irrigation, livestock water, domestic water, recreation, and wildlife water. The storage capacity of Sweazea Lake is approximately 150 acre-feet, and the priority date for the water rights associated with Sweazea Lake is prior to 1907. The source of the water for impoundment in Sweazea Lake is Rito Springs and precipitation.
5. Rito Creek Ranch is benefited by water rights for the impoundment, storage, and use of water along the course of Rito Creek and the Rito irrigation system, below Sweazea Lake. The water rights referred to herein are used for the storage of water for livestock and irrigation purposes and for use by wildlife. There are 6 separate impoundments along the course of the irrigation system below Sweazea Lake, with each impoundment having a capacity of less than 10 acre feet, as shown by previous inspections by the Office of the State Engineer. The source of the water for the impoundments is Rito Springs and precipitation. The water rights associated with the aforementioned impoundments have a priority date prior to 1907.
6. A Declaration of Water Rights for Sweazea Lake and for the irrigated lands and related water impoundments was filed in the office of the State Engineer on April 4, 1977 as file number 02515.
7. The appropriation of water proposed by the Applicant may impair the prior existing water rights held by Movant.
8. The appropriation of water proposed by Applicant is contrary to the conservation of water in the State of New Mexico, and would be detrimental to the public welfare of the citizens of the State of New Mexico, based upon the excessive volume of water requested in the several application, considering the terrain of the property where the wells are to be located, the altitude of the property and relatively short growing season for the proposed project, and will constitute a waste of the precious limited water resources of the State of New Mexico.
9. The water resource of Rito Springs, Sweazea Lake, and Rito Creek have significant cultural value. Those water resources were first used by Native Americans living in the area of the water, as is evidenced by the many ruins and other indications of ancient occupation of the lands situated along Rito Creek and comprising Rito Creek Ranch. Subsequently, during the homesteading era of Western New Mexico, the waters from Rito Springs served as the source of water for most of the homesteaders in the area surrounding the springs, lake and creek, until water wells became common in the area. The appropriation by Applicant of the huge amount of water proposed in the applications referenced in the caption of this pleading could adversely impact those important cultural resources.
10. Notice of the applications for water rights referenced in this cause were published in the Magdalena Mountain Mail. Movant is not a surbsciber to the Magdalena Mountain Mail, and did not see the notices when published. Kevin Sweazea, as Trustee of Movant, resides in Torrance County, New Mexico. Magdalena Mountain Mail does not have any locations within Torrance County, New Mexico, at which the newspaper is offered for sale to the public. Further, Magdalena Mountain Mail is not a newspaper of general circulation for Catron County, New Mexico, and the publication of notices of water rights applications in the Magdalena Mountain Mail is not reasonably calculated to give interested parties reasonable notice of pertinent water rights applications.
11. Movant first learned of the water rights applications by Applicant on November 6, 2007, when the attorney for another protestant filed a motion in a pending court case asking for a continuance in order to attend the hearing in this matter scheduled for November 19, 2007.
12. Upon learning of the pending applications, Movant arranged to travel to Albuquerque, New Mexico to the Office of the State Engineer to inspect the several application files.
13. Upon inspecting the application files in the Office of the State Engineer and determining that the applications, if granted, could impair Movant’s prior existing water rights, Movant has exercised due diligence by attending the November 19, 2007 scheduling conference and in seeking to intervene in these matters.
14. No delay or undue prejudice will result to Applicant or to any other party due to the grant of Movant’s request to intervene and participate in this proceeding.
15. Movant’s ability to protect its prior existing water rights, and Movant’s ability to protect the important cultural resources associated with Rito Springs, Sweazea Lake, and Rito Creek, will be seriously impaired should Movant’s motion to intervene be denied.
16. It is in the public interest to permit Movant to intervene and participate in this proceeding so that the allocation of water from the Gallup Basin takes into account the prior existing water rights held by Movant, in order to protect those existing water rights and to prevent the over-appropriation of the waters of the State of New Mexico.
17. It is in the public interest to permit Movant to intervene and participate in this proceeding so that the important cultural resources represented by Rito Springs, Sweazea Lake, and Rito Creek are considered and protected.
18. Movant has discussed this intervention with the attorney for the Applicant, and the attorney informed Movant he could not then indicate whether Applicant would oppose the intervention by Movant. Protestants attending the November 19, 2007 scheduling conference indicated that they did not oppose Movant’s intervention in this case.
WHEREFORE, MOVANT Rito Creek Ranch Trust respectfully requests that this Hearing Examiner enter an order permitting Movant to intervene in this cause and setting a deadline for Movant to file his protest of the applications referenced in the captioned proceedings, or in the alternative, recognizing the grounds of protest set forth in this pleading as the grounds of Movant’s protest, and for such other and further relief as is just and proper.
Respectfully Submitted
/signature/
Kevin Sweazea, Trustee, pro se
Rito Creek Ranch Trust
Address
Phone
# # #
Notes from Meetings on Augustin Plains
Ranch (APR) Permit Application
by Lif Strand
(please contact Lif at water@catroncounty.net
if there are corrections or additions you
have for these notes)
Datil Public Meeting Notes
Dec 4, 2007
Ricky Chavez, moderator
400 people in attendance
Value of the water: Estimated $320B (billion)
Suzanne Smith, Socorro. Has worked on
water rights in NM for years.
OSE is determined to comply with
Rio Grande Compact. In her opinion, delivery
is more important than the rights of people
of NM. Application was filed by Law & Resource
Planning Institute on behalf of Augustine
Plains Ranch LLC (Bruno Medina, Milano
Italy). They are mining water. They deal
with the three issues right away in their
application. They have a high-powered hydrologist.
They will try and prove that the two thousand
foot depth will not affect shallower waters.
>> Letters should mention that the San
Augustine hydrology report is a "leaky" basin.
It is a big lake which dried up partly because
of climate changes but partly because it
leaks into the Rio Grande Basin. However,
the 1973 hydrology report #57 says that the
San Augustin basin may recharge the headwaters
of the Gila. The AZ/CA decision predates
the Rio Grande Compact.
>> Look at NM Statute 72.212.25
>> Make sure the letter is dated (put
on website)
>> Make 4 copies - 3 to send, 1 to
keep
>> Send the letters certified mail
>> Must be in the OSE by Dec 17 (Dec
16 is a Sunday)
>> Make sure you have your water rights!
Check with the OSE to be sure because water
rights don't automatically transfer with
property rights
Randy Greenwood of Aragon: working with
Smith, mapping
Suzanne Barteau of Aragon: working
with Smith, filing info
All permitted wells, including domestic, all recorded water rights give you standing
>> Hydrologist report
should show where recharge comes
from (if anyone has a digital copy
of this, please send to water@catroncounty.net)
>> Mass pumping would alter the basin
profoundly.
>> It is not necessarily recharged by
rainwater
>> You can request an independent hydrology
study other than the applicants
Jim [Locke?]: APR's registering agent = CT Systems. Organizer = Barry W. Silverstein - high powered NY lawyer at 200 Park Av, NY NY
Involve Socorro, Quemado Conservation Districts. Can they file an EIS? Not in time.
Each well will cost APR $100,000 to drill & line with steel x 37 wells = $37,000,000 initial investment..
Pipeline an additional cost.
Don Tripp: Was asked if OSE has anything
going with State. The State Water Commission
(Don is on it) has not seen anything.
>> Timelines are ludicrous
>> This is a shot across the bow. Beneficial
use has a time requirement, estimated 25
years to do = would not satisfy the beneficial
use requirement
>> Must guard against this and future
applications - they'll come back with a revised
application, they'll keep negotiating till
they get what they really wanted in the beginning.
Tripp was asked if the state could
pass a resolution associated with this
kind of water mining. He said there is
already a process to deal with this. John
Shoemaker is APR hydrologist. The State
is already buying water rights (Pecos)
and that costs millions. There has been
no talk of spending millions more to buy
water from APR.
Everyone must protest every application.
All existing water rights have a
priority, but all 1939 rights are pre-compact
and have more weight.
Everett Shaw is the contact on the application. Tripp talked to him and Shaw was very vague about using the land itself (subdividing, agriculture, whatever)
Preliminary info on water reserves from OSE is that there is only 10-14 acre feet available in the San Augustin basin.
Texas is litigating (what?) Look at Rio Nuevo
1976 Augustine Basin identified (or 1982?)
Will draining that amount of water cause water at shallower levels to drain to the lower level?
If the 1973 hydrology report is accurate that San Augustin recharges the Gila, then owners of water rights to west and southwest need to protest.
Wildlife: An EIS takes years - can't use that now. But we need to put the brakes on by following procedure. Oufitting/guiding is a public welfare issue: economic impairment.
Procedure:
$25 is for the hearing, if you want
to speak
You can only represent yourself or
have a licensed NM attorney represent you
Bill Green of Quemado School has submitted a letter and will likely file to speak at the hearing.
Anyone can protest an application - not only those with water rights, however you have to demonstrate why you are affected.
Groups notified so far:
>> NM Wilderness Alliance
>> Amigos Bravos - has attorneys who
can do pro bono work
>> Rene Romo - Abq. Journal
>> Center for Biological Diversity
>> SW Environmental
>> Forest Guardians
>> Bosque del Apache
>> NM Bureau of Geology
Who else do we need to contact?
Mountain Mail website has the article about Quemado's meeting on Broe water application
OSE has said they'll have an administrative hearing on APR application, not a public hearing. OSE says they will only go by the letters of protest for the public input part.
Broe is on h old till February. OSE wants more hydrology. Mike Bennett knows about this.
How could one application be legal for 37 wells? Can anyone else apply for multiple wells with one application? How could an application not be specific as to use?
What is Governor Richardson's position on this?
NM Environmental Dept and Federal Clean Water Act - water quality. Any jurisdiction here? Is there water contamination potential if you remove water faster than recharging capability?
S Smith: OSE is also the Interstate Stream Commissioner. Let your state legislators know how you feel about too much power and conflict of interest.
Catron County Commission needs to write a letter. Will there be any water available for county economic development? Private domestic use?
USFS & BLM - Mavis has contacted them re: their potential federal reserve water rights
Ricky Chavez: Contact everyone potentially affected, anyone with a vested interest. Include Navajo, Red Lakes Ranch (Acoma)
Get map from Bill Aymar
Get photo of meeting from Zina Massey
* Note in letters that future generations water use is threatened
Rick Sharp: Hydrology report is 30 years old. Need a newer one.
About the Hearing: Talking is not for
opinion but to present info, documents
and evidence
The $25 fee is for administration
fees for speaking at the hearing, not to
be submitted with letters of protest. The
letters are of record.
Hearing will likely be 60-120 days.
Comment by ?: Mid 1960s there was an article on underground streams. Why not drill for the 1 mile deep stream under Rio Grande?
~~~~
12/05 Catron County Commission
meeting notes
APR = Augustin Plains Ranch LLC
Application was filed in ABQ office. Tink Jackson talked to a staff member and asked for a copy. He looked at it and tried to get it rejected before it was published.
Look online at OSE website library for 1973 hydrology report
Tink Jackson says:
Application is speculative in nature
Problems include
>> Requesting to appropriate to meet
Compact requirements; OSE is not responsible
for that
>> Suggesting that Elephant Butte is
delivery, but Texas line is the delivery
>> Suggested water could be used municipal
in Datil, Magdalena, etc. but none of them
have applied, so APR can't do it
For period of 300 years - their aquifer
can supply, they say. Shoemaker is leading
hydrologist in state. Question = is it
a confined aquifer? Proximity to Gila Basin.
AZ/CA addressed, but Jackson says hard
to believe it won't affect.
Jackson required that be published
up there and down there. Phelps Dodge & USFS
has already protested. Will be a substantial
amount of protest. When goes to hearing/court,
anything can happen. Must be political
involvement for anyone to come up with
that kind of application - largest single
app ever in the state in last 100 years.
We've seen water grabs in other basins
- try to tie up as much as can, maybe this
is same. But state is not responsible for
reviewing those types of app.
Seeing their studies in the app would
be good for everyone to see. But if is
going to cost the people in the n county
from developing water resource, is bad.
There was an app from ISC for Salt
Basin for compact requirements - was 750
protests. 3-5 years ago, still in process.
This won't be quick.
On Rio Grand - San Juan, Chama, Pecos,
we have a requirement to deliver so much
water to downstream states. Just like rivers
here in Gila. Most of the compacts are
negotiated compacts - problem if you look
at climate at the time, we had more rain
than now. Now we have problems meeting
because don't have the inflow we used to
have. When we get to state line, there's
less water there.
Last compact delivery problem was
on Pecos to Texas, cost NM $14M. Court
made clear if any more problems, they'd
put someone else in charge.
Gila doesn't have set amount of water
to be delivered to state line. Rio Grand
does. Two points where measured - El Paso
(2) and one elsewhere? There's an injunction
because of non-delivery. Numbers aren't
public yet. If we not storing enough, that
changes the numbers, etc.
4-5 years ago TX gave their attorney
general $6M to fight NM
APR listed three counties as places of
use.
In perspective, double what Gila
whole basin has to use, and is for next
300 years.
This Fri is next AZ water rights workshop. Main purpose to get consensus on studies for request for funding.
Surface water users of SF River - irrigators on Gila when AZ water rights thing took last twist, formed Gila Basin Irrigation Commission. One rep from each community ditch. Commission is therefore quasi-governmental. JPA three months ago. To make sure covering majority of views, requested membership from 15 groups, including irrigation pumpers, livestock growers, subdivisions, municipalities, universities, SWCD, Nature Conservancy, NRCS, Phelps Dodge, etc, started meeting, trying to come up with plan to use water on river. Part of AZ water rights settlement umbrella. ISC was horrible about getting actual water users involved, particularly irrigators. Eventually they'll have a regional group that will come up with a plan. Gov has said if no consensus he won't support, but he has no say-so on federal money.
Suggest getting every ditch and everyone involved as ex-officio member as a group. Get everyone to sign off. One enviro group is participating for real. May get enough consensus so that the rogue enviros won't matter. Jackson goes to all meetings, DFA has approved the JPA, wouldn't be much to get irrigation people up here.
Alex Thal: County could form a SF irrigation commission, or have the irrigation ditches form a group. The oldest form of government in NM = acequias. It's a numbers game - to get agricultural rights to look at this. Separate from SF SWCD, a separate purpose. Would be the first ones to come up with cost effective projects to be considered by OSE. Go to each ditch assoc to submit their names to be on the Gila-SF Water Commission. If got everyone together, send one representative.
Bill Aymar (Catron County Manager): Leaky basin issue?
Jackson: Possibility that San Augustin basin recharges. But boundary has not been developed, not enough wells/people to justify studying.
Aymar: Another reason to look negatively at this app?
Jackson: Possibility that if what Shoemaker is saying is based on 250' wells, then it is useless info.
Ron Shortes (Catron County Attorney): Haven't seen but VLA has several studies - concerned about weight of ditches, stability of formations. Trying to find the studies. Can see the tracks keep sinking into the ground. Don't know how deep the VLA studies went, but the underlying formations are unstable.
Jackson: If not directly related to groundwater, we wouldn't have seen them
Thal: If CCC wants formal comment response, what's important advice to local government?
Jackson: Anyone can protest:
Must be filed w/in 10 days of last
day of publication. On 10th day can fax
but must be a mailing win 10 days.
How your rights would be impaired
Conservation of water within state
Not in public welfare
Commission can do this as the governing body can say on behalf of health & welfare of cits.
Thal: Economics - if 54K ac/ft, is worth commenting on opportunity costs lost to county by removing
Jackson: Any new diversions is a cost to county. Standby costs - whether run wells or not. Increased electrical cost. Economics of ground water in NM changing drastically all over state - every year it costs more because not recharging.
Jess Carey: Springs that will dry up.
Jackson: When reduce ground water you will be reducing springs. There may be periodic springs, they'll never recharge. If they say it's 300 y ear life, they know it's not going to be recharged as fast as is taking out.
Aymar: Availability of water for firefighting.
Jackson: Groundwater measurement program - each basin measured every 5 years. Estimate of how much water is available. Must be that they are claiming Shoemaker knows more than OSE does.
Ed Wehrheim (Chairman of County Commission): Environmental groups won't let us cut trees, which use water - and restored forests are beautiful. If we could cut a few big trees, that would pay for the restoration. Time after time USFS has been in here admitting they don't supervise the forest any more, the environmental groups do.
Jackson: When I talk to USFS,
people don't realize in 1973 there
was a lawsuit, US vs NM, over uses
of forest. Supreme court held that
USFS didn't have reserve water rights.
Said specifically that there
was 2 purposes for forest: Favorable
downstream flow and production of
timber. The two primary purposes
(see Gila NF charter) are not wildlife,
recreation - those are secondary
purposes.
Multiple uses sustained yield has
been added in but they aren't as important
as primary job of GNF.
Amended Augustin Plains Ranch LLC application
County: Catron, Socorro, Sierra, Grant, Santa Fe, Sandoval, Bernalillo, Valencia
Name: Augustin Plains Ranch, LLC
File No.: RG-89943-Amended
NOTICE is hereby given that on October 12, 2007, and on May 5, 2008, Augustin Plains Ranch, LLC, c/o Montgomery & Andrews, P.A., P. O. Box 2307, Santa Fe, New Mexico 87504, filed Application No. RG-89943 with the STATE ENGINEER for Permit to Appropriate Underground Water in the Rio Grande Basin.
The applicant proposes to drill 37 wells, all with 20-inch casing, and all to a depth not to exceed 3,000 feet in order to divert and consumptively use 54,000 acre-feet of ground water per annum for domestic, livestock, irrigation, municipal, industrial, commercial, environmental, recreational, subdivision and related, replacement and augmentation purposes of use. The applicant further proposes to “provide water by pipeline to supplement or offset the effects of existing uses and for new uses” at the proposed places of use described below “in order to reduce the current stress on the water supply of the Rio Grande Basin.” The applicant 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.”
The applicant proposes to irrigate 120 acres of land within a 1,290-foot radius of each of the 37 proposed wells listed below for a total of 4,440 acres of irrigated land within the boundaries of Augustin Plains Ranch, also described below.
The proposed well locations are on land owned by the applicant in Catron County:
RG-89943-POD1: 34 deg., 13 min, 29.779 sec. N lat., 107 deg., 43 min, 13.037 sec. W long.;
RG-89943-POD2: 34 deg., 12 min, 58.958 sec. N lat., 107 deg., 43 min, 12.778 sec. W long.;
RG-89943-POD3: 34 deg., 12 min, 58.177 sec. N lat., 107 deg., 43 min, 47.907 sec. W long.;
RG-8994- POD4: 34 deg., 12 min, 35.848 sec. N lat., 107 deg., 43 min, 13.644 sec. W long.;
RG-89943-POD5: 34 deg., 12 min, 36.275 sec. N lat., 107 deg., 43 min, 47.142 sec. W long.;
RG-89943-POD6: 34 deg., 12 min, 6.665 sec. N lat., 107 deg., 43 min, 48.654 sec. W long.;
RG-89943-POD7: 34 deg., 12 min, 5.993 sec. N lat., 107 deg., 43 min, 13.036 sec. W long.;
RG-89943-POD8: 34 deg., 10 min, 1.772 sec. N lat., 107 deg., 44 min, 16.442 sec. W long.;
RG-89943-POD9: 34 deg., 10 min, 0.982 sec. N lat., 107 deg., 44 min, 51.761 sec. W long.;
RG-89943-POD10: 34 deg., 9 min, 31.664 sec. N lat., 107 deg., 44 min, 48.998 sec. W long.;
RG-89943-POD11: 34 deg., 9 min, 32.342 sec. N lat., 107 deg., 44 min, 18.662 sec. W long.;
RG-89943-POD12: 34 deg., 9 min, 7.181 sec. N lat., 107 deg., 45 min, 18.499 sec. W long.;
RG-89943-POD13: 34 deg., 9 min, 7.200 sec. N lat., 107 deg., 45 min, 51.100 sec. W long.;
RG-89943-POD14: 34 deg., 8 min, 40.493 sec. N lat., 107 deg., 45 min, 50.229 sec. W long.;
RG-89943-POD15: 34 deg., 8 min, 40.850 sec. N lat., 107 deg., 45 min, 17.644 sec. W long.;
RG-89943-POD16: 34 deg., 8 min, 17.728 sec. N lat., 107 deg., 44 min, 15.850 sec. W long.;
RG-89943-POD17: 34 deg., 8 min, 17.186 sec. N lat., 107 deg., 44 min, 49.916 sec. W long.;
RG-89943-POD18: 34 deg., 7 min, 43.544 sec. N lat., 107 deg., 44 min, 51.204 sec. W long.;
RG-89943-POD19: 34 deg., 7 min, 43.653 sec. N lat., 107 deg., 44 min, 16.864 sec. W long.;
RG-89943-POD20: 34 deg., 8 min, 15.697 sec. N lat., 107 deg., 45 min, 17.752 sec. W long.;
RG-89943-POD21: 34 deg., 8 min, 15.832 sec. N lat., 107 deg., 45 min, 50.787 sec. W long.;
RG-89943-POD22: 34 deg., 7 min, 44.814 sec. N lat., 107 deg., 45 min, 52.419 sec. W long.;
RG-89943-POD23: 34 deg., 7 min, 44.043 sec. N lat., 107 deg., 45 min, 18.309 sec. W long.;
RG-89943-POD24: 34 deg., 7 min, 21.076 sec. N lat., 107 deg., 45 min, 18.892 sec. W long.;
RG-89943-POD25: 34 deg., 7 min, 20.532 sec. N lat., 107 deg., 45 min, 53.118 sec. W long.;
RG-89943-POD26: 34 deg., 7min, 21.630 sec. N lat., 107 deg., 46 min, 19.041 sec. W long.;
RG-89943-POD27: 34 deg., 6 min, 52.325 sec. N lat., 107 deg., 45 min, 20.948 sec. W long.;
RG-89943-POD28: 34 deg., 7 min, 22.957 sec. N lat., 107 deg., 44 min, 15.086 sec. W long.;
RG-89943-POD29: 34 deg., 7 min, 21.062 sec. N lat., 107 deg., 44 min, 49.269 sec. W long.;
RG-89943-POD30: 34 deg., 6 min, 53.305 sec. N lat., 107 deg., 44 min, 47.283 sec. W long.;
RG-89943-POD31: 34 deg., 6 min, 53.777 sec. N lat., 107 deg., 44 min, 16.047 sec. W long.;
RG-89943-POD32: 34 deg., 6 min, 32.564 sec. N lat., 107 deg., 44 min, 14.548 sec. W long.;
RG-89943-POD33: 34 deg., 6 min, 32.477 sec. N lat., 107 deg., 44 min, 48.784 sec. W long.;
RG-89943-POD34: 34 deg., 7 min, 45.577 sec. N lat., 107 deg., 46 min, 20.103 sec. W long.;
RG-89943-POD35: 34 deg., 8 min, 14.721 sec. N lat., 107 deg., 46 min, 17.697 sec. W long.;
RG-89943-POD36: 34 deg., 10 min, 1.553 sec. N lat., 107 deg., 45 min, 15.118 sec. W long.; and
RG-89943-POD37: 34 deg., 9 min, 30.586 sec. N lat., 107 deg., 45 min, 15.791 sec. W long.
The proposed wells are generally located north and south of U.S. Highway 60 between the Catron-Socorro County Line and Datil, New Mexico. All of the wells are located within the exterior boundaries of the Augustin Plains Ranch, described below.
The proposed places of use are: (1) Within the exterior boundaries of Augustin Plains Ranch (“Ranch”), which is located in Catron County, New Mexico; and (2) any areas within Catron, Sierra, Socorro, Valencia, Bernalillo, Sandoval, and Santa Fe Counties that are situated within the geographic boundaries of the Rio Grande Basin in New Mexico. The location of the Ranch is described as follows:
Township 1 South, Range 9 West, NMPM:
S1/2 Section 1; Section 12; Section 13; Section 14; Section 15; Section 16; Section 20; Section 21; Section 22; Section 23; Section 24; Section 27; Section 28; Section 29; Section 32; Section 33; and Section 34; all in Catron County.
Township 2 South, Range 9 West, NMPM:
NW1/4 SW1/4 Section 1; Lots 1, 2, 3, 4, S1/2 N1/2, and S1/2 Section 2; Section 3; Section 4; S1/2 SE1/4 Section 7; E1/2, S1/2 SW1/4 Section 8; Section 10; Section 14; Section 15; Section 16; Section 17; Lot 1, NE1/4 NW1/4, N1/2 NE1/4, SE1/4 NE1/4, S1/2 S1/2, and NE1/4 SE1/4 Section 18; all that portion of Section 21 which lies north of old U.S. Highway 60 except the NE1/4 NE1/4 NE1/4 and the N1/2 NW1/4; N1/2, N1/2 S1/2, and SE1/4 SE1/4 Section 22; Section 23; and NE1/4 NE1/4 Section 26; all in Catron County.
Any person or other entity shall have standing to file an objection or protest if the person or entity objects that the granting of the application will: (1) Impair the objector’s water right; or (2) Be contrary to the conservation of water within the state or detrimental to the public welfare of the state, provided that the objector shows how he will be substantially and specifically affected by the granting of the application.
A valid objection or protest shall set forth the grounds for asserting standing and shall be legible, signed, and include the complete mailing address of the objector. An objection or protest must be filed with the State Engineer not later than 10 calendar days after the date of the last publication of this notice. An objection or protest may be mailed to the Office of the State Engineer, 121 Tijeras NE, Suite 2000, Albuquerque, NM 87102, or faxed to 505-764-3892 provided the original is hand-delivered or postmarked within 24 hours after transmission of the fax.
In the event that a party filed a timely written protest or objection to the original Application to Appropriate RG-89943-POD1 through RG-89943-POD37, filed with the State Engineer on October 12, 2007, it is not necessary to file an additional written protest. A party’s timely protest to the original application constitutes a valid protest to the amended application set forth in this notice. To confirm that a written protest was received by the Office of the State Engineer within the required time limits, visit <http://www.ose.state.nm.us> to view the list of timely protestants to the original application. If duplicate protests are received from any group or individual, the second protest will not be acknowledged by letter from the Office of the State Engineer.
The State Engineer will take the application up for consideration in the most appropriate and timely manner practical.
# # #
Links to articles of interest
Mining Water in the Desert by Arthur Versluis. Versluis teaches American Studies at Michigan State University
Socorro County to discuss water protest Socorro El Defensor Chieftain
contact: water@catroncounty.net (575) 773-4835