By a tight vote Tuesday morning, the Senate Conservation Committee passed a water bill—one that represents the latest attempt to control spending on a controversial diversion on the Gila River. Introduced by Sen. Howie Morales, D-Silver City, Senate Bill 72, would channel federal money earmarked for the diversion toward other water projects in southwestern New Mexico. It would appropriate $50 million toward fully implementing a regional water project in Grant County, other shovel-ready water projects in the area, a groundwater study of the Mimbres Basin aquifer and water planning for the City of Deming. Morales told NM Political Report that he sees passage of the bill as a way to move tens of millions of dollars in federal money in a “responsible way.”
The New Mexico Interstate Stream Commission (ISC) voted in 2014 to build the diversion, ten years after Congress authorized the state to trade 14,000 acre feet of water with a downstream user in Arizona. Already, New Mexico has spent more than $13 million of its federal subsidy on studies, engineering plans, and attorneys fees, although the state and the New Mexico Central Arizona Project (CAP) Entity still lack a firm plan or location for the diversion.
At the end of last year, a state judge chipped away at a company’s plans to reopen a long-abandoned copper mine near Hillsboro. On Dec. 28, New Mexico Third Judicial District Court Judge James J. Wechsler found that most of the water rights claimed by the company are not valid. New Mexico Copper Corporation (NMCC) planned to use groundwater rights that two men purchased after operations were abandoned at Copper Flat Mine in 1982. William Frost and Harris Gray, along with NMCC and its attorneys, tried to show that those rights were still valid, even though the water hadn’t been put to use over the past four decades—or even when the mine operated.
The big news in New Mexico this week involved the state’s proposed science standards. At a hearing on Monday not one of the hundreds of people who showed up spoke in support of the state’s plans to implement statewide science standards with inadequate information climate change and evolution. Afterwards, the secretary of the Public Education Department announced they would back off some of those changes. It remains to be seen what the state will actually propose now, and how that process will go. But it was heartening to see that newspapers, radio stations, and even TV reporters all showed up to cover science and education this week.
This week, three members of the New Mexico Interstate Stream Commission (ISC) resigned, including Chairman Caleb Chandler, Jim Wilcox and longtime board member, Jim Dunlap. Earlier this year, ISC Director Deborah Dixon also left. Her departure came shortly after a public disagreement with State Engineer Tom Blaine at an ISC meeting. Update: One of the ex-ISC members told NM Political Report why he quit. The ISC consists of nine commissioners appointed by the governor, including the director of the ISC and the State Engineer.
With a big deadline bearing down in 2019, the New Mexico Central Arizona Project Entity, or CAP Entity, has yet to choose a plan or exact location for the Gila Diversion. That’s despite already spending more than $12 million of the state’s federal subsidy for the project. At the end of September, AECOM—the engineering firm hired to come up with designs for the CAP Entity to choose from—presented board members with possible design ideas based on the group’s cost and needs. The CAP Entity was then supposed to decide at its October 3 meeting on a plan. Instead, the group punted.
Corruption has long been endemic to New Mexico government. And today, even when people ferret out potential problems or ethical lapses, there’s still a significant gap between the laws meant to protect people and the ability or willingness of state agencies to enforce them. In January, for example, conservation groups wrote to the state purchasing agent and director, asking him to look into a political donation from a company with a lucrative state contract. The company had contributed $1,000 to Gov. Susana Martinez’s political action committee during a time when the state’s Procurement Code prohibits political contributions, when proposals are being evaluated for the awarding of contracts. Months passed, and the activists didn’t hear back from the state purchasing agent or from the agency that had issued the contract, the New Mexico Interstate Stream Commission (ISC).
On Monday, the New Mexico Interstate Stream Commission (ISC) voted to amend an engineering contract for the proposed Gila River diversion. The change was necessary because the company’s earlier work, done at the direction of the state and the entity planning the diversion, didn’t take into account crucial information. The ISC and the New Mexico Central Arizona (CAP) Entity has been moving diversions plans forward, even though the proposed infrastructure would cross lands owned by The Nature Conservancy and the state of New Mexico. Last week, the CAP Entity’s board of directors confirmed their latest plans weren’t going to work, and voted on a new scope of work for the engineering company, AECOM. According to a presentation by ISC Gila Basin Manager Ali Effati, the cost of the revised tasks and deletion of former tasks will offset each other.
If you haven’t gone out to look at the Rio Grande, no matter where along its banks you live, now’s the time. The snowmelt is pouring down the channel, causing the river to overbank in lots of places throughout the Middle Rio Grande Valley. In southern New Mexico, the normally dry channel is also running as water managers are moving water from reservoirs to southern New Mexico fields and orchards and to Texas. Speaking of snowmelt, March was an exceptionally warm month in New Mexico. According to the National Weather Service, 143 record-high temperatures were broken across 34 weather stations on 15 days.
Gov. Susana Martinez vetoed two bills and signed two more Friday afternoon. One bill Martinez vetoed dealt with the release of public databases through the state Inspection of Public Records Act (IPRA). Rep. Matthew McQueen introduced the bill after reading about problems one citizen had when requesting information from the New Mexico Interstate Stream Commision. That issue was reported by NM Political Report and co-published in the Santa Fe Reporter. Currently, IPRA allows agencies to release databases but also authorizes agency officials to make the requester agree “not to use the database for any political or commercial purpose unless the purposes and use is approved in writing by the state agency that created the database.” McQueen’s bill would have struck “political” from the law.
The Society of Professional Journalists gave the New Mexico Interstate Stream Commission the dubious honor of its sixth annual Black Hole Award, which goes to “government institutions or agencies for outright contempt of the public’s right to know.”
The nomination came from NM Political Report reporter Laura Paskus, who has reported on the agency for years. “Making these sorts of heavy decisions and citing data to back those decisions but refusing to produce this data is ridiculous. Agencies should be transparent in their effects on publicly owned bodies, land or water” Gideon Grudo, chair of SPJ’s Freedom of Information Committee, said. “They certainly shouldn’t be this aggressive to the press, either. Hats off to Laura Paskus for being persistent.”
Related: Effort to make college research secret stalls over fears it goes too far
From the SPJ announcement: “The agency has been sued for Open Meetings Act violations, gives me plenty of hassles about releasing public documents, and for years now, has refused to answer my questions.