WATER COALITION TESTIFIES, LLC HAS TO COME UP W/ ANSWERS

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SAN AUGUSTIN WATER COALITION REPORT
 on the PRESENTATION to the

 NEW MEXICO WATER and NATURAL
 RESOURCES COMMITTEE 

December 4, 2014

Members of the San Augustin Water Coalition addressed the N.M. Legislature’s

 Interim Committee on Water and Natural Resources on Tuesday in Santa Fe

 regarding our continuing concerns over the proposed removal of 54,000 acre-feet

 of water from the Plains of San Augustin annually by the Augustine Plains

 Ranch, LLC (LLC).

Newly-elected Catron County Commissioner, Anita Hand, raised several

 questions about confusing and vague information in the LLC’s new application

 to the State Engineer.  Some of these questions were later addressed to the LLC’s

 representative, Mr. Jichlinski, by members of the Committee.

Commissioner Hand asked why Catron County, which had been included as a

 “stakeholder” in the original application, had been removed altogether in the

 new one.  Mr. Jichlinski had no answer.

Commissioner Hand pointed out that the population of Datil was grossly

 misrepresented in the new application as “54 people”.   She informed the

 Committee that, according to the Datil Postmistress, the Datil post office serves

 about 600 HOUSEHOLDS.  (maybe 1200-1400 people)

Commissioner Hand asked why the data referenced in the new application had
 not been shared with either the Catron County Commission, or the protestants. 
  Mr. Jichlinski ignored the question.

When asked the same question by State Representative Candy Spence Ezzell of

 Roswell, he said that information “would best be presented in a hearing with the

 State Engineer, and not picked apart beforehand” by the protestants.

State Senator Joseph Cervantes of the Las Cruces area pointed out that this

 presentation by both sides has been made several times over the last 7 years,

 and wondered how much longer this was going to go on.

A representative from the Office of the State Engineer (OSE), Greg Ridgley,

  announced that this latest application had been returned to the LLC on 

November 25^th for lack of  specific information needed to process it. He further

 said that the LLC had about 30 days to comply with the request if they hoped to

 avoid having to file a whole new application.  It has been neither denied nor

 accepted by the State Engineer;  just returned for lack of key information.

Senator Cervantes then asked if this was a failure to understand the application

 process on the part of the LLC, or did the Legislature perhaps need to aid the

 OSE in some sort of clarification process.  He was assured by Mr. Ridgley that

 the process wasn’t the problem, as others get projects approved frequently

 through the offices of the OSE.  The problem, Mr. Ridgley said, was the SIZE of 

this project.

Commissioner Hand also pointed out that the new application offers changes to

 OSE procedures as to how to proceed with the approval process.  That wasn’t

 favorably received by the Committee.

The Committee had several questions regarding the hydro-geology
 of the basin that neither Mr. Ridgley nor Mr. Jichlinski could answer.

We had been given one hour to make our presentations and allow for questions by

 the committee.  We were there for an hour and a half, going beyond the time

 allotted.  That hasn’t happened in any of our earlier presentations to the Committee.

All in all, the SAWC presentation went well, and we continue to make our point
 of opposition to the project.

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And this from The Albuquerque Journal.

NM agency seeks more details on water proposal

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By Susan Montoya Bryan / The Associated Press
UPDATED: Tuesday, December 2, 2014 at 10:21 pm
PUBLISHED: Tuesday, December 2, 2014 at 11:26 am

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SANTA FE — A revamped application by a commercial venture to pipe billions of gallons of drinking water from rural western New Mexico to more populated areas of the drought-stricken state lacks key information, state officials said Tuesday.
The state engineer’s office has given Augustin Plains Ranch until the end of the year to provide more specifics on what type of water rights would be developed, how the water would be used and what municipalities or industries would benefit.
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Greg Ridgley, general counsel for the office, announced the latest development during an interim legislative meeting. He told state lawmakers applications to develop new water rights must be complete before the state engineer can accept them.
The agency, he said, needs to have enough information to determine if there’s sufficient water in the area that has yet to be appropriated and whether assigning new water rights would affect existing rights.
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The company’s plan calls for drilling more than three dozen wells capable of pumping more than 17 billion gallons of groundwater a year to supplement dwindling supplies in the Rio Grande Valley. The company would build a 140-mile pipeline to Bernalillo County as well as other infrastructure to capture runoff for recharging the aquifer beneath the San Augustin Plains west of Socorro.
Some lawmakers said a decision should not be taken lightly given the volume of water at stake. Others described the proposal as too speculative.
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Sen. Peter Wirth, D-Santa Fe, questioned whether capturing storm runoff and recharging the aquifer would be enough to avoid damaging existing rights and the local economy.
“It just seems like these are impossible goals to have on one side and make this work,” Wirth said.
Augustin Plains’ first application was rejected two years ago after the state engineer determined the proposal was vague and its effects could not be reasonably evaluated. It was one of the most contested filings in the history of the state engineer’s office.
The company submitted its latest application in July. After months of review, the office made the request for additional information in a Nov. 25 letter.
The company is reviewing the request.
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Project Manager Michael Jichlinski said the application is the first step, and the company envisions spending millions of dollars more on studies to better understand the region’s hydrology if the state engineer allows for a hearing.
The company is proposing to develop water, a job Jichlinski said has historically been done by government.
“Our belief is the public sector is tapped out when it comes to the money available for infrastructure development, for all the studies that need to be done. It’s simply not there,” he said.
While skeptical of the Augustin Plains proposal, Sen. Joe Cervantes, D-Las Cruces,
said the West was built on the ability to pipe water from one place to another, and government should be open to the private sector stepping in.

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STOP THE WATER GRAB!
"Those who stand for nothing fall for anything."
Alexander Hamilton

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UPDATE AND A TEE SHIRT FOR THE TIMES

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This terrific Tee is available at:

The Bear Mountain Coffee House & Gallery (Hwy 60),

 and CWB Gallery (Main St), 
both in Magdalena, NM,

along with Carol Pittman from Datil, NM.
 We're working on net/mail sales details.

Patience.

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More coming....an update on the state of the water grab

 (waiting for court....waiting....) and other notes

of interest to those fighting the foreigners:

the Modena Organization,

and their perky, smirky little Project Director,

Michel Jichlinski, the only guy that anyone

 from these parts ever dealt with who was a Con Man

of such grand proportions, involved in the theft

 of millions and millions of U.S. taxpayer dollars. 

He is, you might say, a "NEW MEXICO TRUE"

  Eurotrash "celebrity."
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Jichlinski made a pitch on behalf of
the "water grab" this past March 26 to the
Interstate Stream Commission.  We're told there were
 lots of questions from the commissioners, and
not many real answers from our foreign friend.
Snake oil salesman.
********************  
Someone from the area recently sent
Representative Don Tripp,
(Socorro, Catron, and Valencia Counties)
 a short letter, raising concerns about the
"water grab by foreign investors"
and asking to hear Don's position.
We got to see the correspondence.
Don's reply is below.
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We should note: Don has been active in the issue
for some time, and showed up for both our
Coalition Fundraiser held at The Golden Spur Saloon
in Magdalena, as well as our "Prayer Vigil for Rain
& Blessing of the Waters" held at Montosa Ranch
last June.  He doesn't seek the spotlight though,
and unless you go to meetings and events,
or subscribe to news feeds from legislators,
you're probably uncertain of what's what.
That's cool.  But Don is very cool.
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"....New Mexico has the Western characteristic
of too little water, which is one of the standard Western
gripes.  Another is that it is economically a colony,
a producer of raw materials, much of the profits from which,
including a considerable part of the profits of the cattle industry,
are siphoned off to the East and West Coasts.
The ultimate development of the state is to an alarming
degree dependent upon the decisions of people to whom
it is not home, is not essential, but merely an
investment to be held only so long
as it yields a good return."
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Oliver La Farge, 1952
Anthropologist, Pulitzer Prize-winning Author
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A LETTER TO THE LEGISLATURE

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(This letter is being sent, personalized, via email,
 to each member of the New Mexico Legislature, with a link.
The last batch of these went out Saturday 2/23.
I'm a slow typist.)
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An Open Letter to the Members of
THE NEW MEXICO LEGISLATURE - 2013
.
 Honorable Ladies and Gentlemen of the Legislature,
 I ask for just a moment here.
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The small deluge of water-related bills before you now,
such as SB 440, HB 19, HB 181, and apparently more,
need to be looked at carefully.  All of them pose grave
risks for New Mexico's water future - all of them are
shortsighted - all of them have implications that no one
seems aware of.  Some of this seems like an effort to
win some political points on a hot-button issue during
a draught, some of it seems far more devious.
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This water legislation poses serious problems for an issue
 that calls for wisdom and insight - not quick decisions
made in the middle of a draught. 
 PLEASE don't let water be comidified -
 turned into money - at this point.
  (Well, it already is to some degree,
 but don't let it get any worse.)
Let there be a close look at what's possible,
with some realistic objectives. 
Let there be some common sense, as well as a
 recognition that water belongs, by law, to New Mexicans. 
Foreign-owned corporations cannot be allowed to get their
 hands on the water,
and SELL IT BACK TO US!
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  Here in  west-central New Mexico, we are facing the nightmare
 of having foreign investors propose to take 54,000
acre feet of water per year from beneath the
San Augustin Plains, for up to 300 years they say,
and sell it back to New Mexicans, for God only knows
what kind of prices.  They refuse to show a business plan;
they refuse, actually, to be seen.
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  The most recent Project Director
 for the Augustin Plains Ranch LLC,
the current mouthpiece for these foreigners,
 is Michel Jichlinsky, the target of a federal investigation
 for what went on when he was President and CEO
 at the Louis Berger Group, a big-time federal contractor,
when they allegedly stole millions and millions of
 taxpayers' dollars, by overbilling and fraud
of every type imaginable, for years and years.
(See the post on my site listed on the right column
up above titled "WHO'S MICHEL JICHLINSKY?
  A THIEF?")
He's not American.  His loyalties aren't here.
He writes letters to the editors of papers in the area,
but hasn't shown his face at any meeting.
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Someone needs to come forward, and become a
hero, a saint.  Someone needs to introduce legislation
that would make it totally impossible for foreign-owned
corporations to get their hands on our water.
This has to be done - if not, this craziness will
be popping up from under every aquifer in the state.
It's UN-AMERICAN.  Period.
It's also unethical, immoral, and just plain wrong.
It's OUR water, not theirs!  By LAW!
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If someone would come forth on this issue, I can assure
you they will get overwhelming support from across
the state - and one heck of a lot of media attention.
It's a possibility, an opening, for someone to
get the spotlight, legitimately, on something
that really, really matters.
It's a chance to stand up for New Mexican and
genuine AMERICAN interests, if someone
 is up for it.
.
And it actually IS
 a real chance to be a hero, a saint (don't laugh -
that's pretty much the way some people would see it).
I think....no, I KNOW, the vast majority of
 New Mexicans could agree on this one point:
 we simply can't let foreign interests get our WATER!
And I'm not overplaying the issue - in the slightest -
 water is life!
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Thank you for your time.
God Bless you all.
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Matt Middleton
Magdalena, New Mexico
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SENATE BILL 440 - A BAD IDEA

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FROM THE NEW MEXICO WATCHDOG

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SENATE BILL 440

(New Mexico Watchdog is a project of The Rio Grande Foundation. The Rio Grande Foundation is a research institute dedicated to increasing liberty and prosperity for all of New Mexico’s citizens. We do this by informing New Mexicans of the importance of individual freedom, limited government, and economic opportunity. Through New Mexico Watchdog we hope to better inform the citizens of New Mexico how their state and local governments work and how their money is being spent. We welcome tips about government waste, fraud, abuse and corruption, regardless of the political affiliation of the politician or official involved.)

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Suffering through the state’s worst drought in 60 years, New Mexico farmers and ranchers may get help from the Roundhouse ­– but at a hefty price for taxpayers.
Senate Bill 440, sponsored by Sen. Joseph Cervantes, D-Las Cruces, calls for $120 million for the Interstate Stream Commission to “acquire, retire, protect and conserve” water in the lower Rio Grande basin, which has degenerated in some spots from a mighty river to a slow-moving stream due to the lack of rain and snow.

“We’re not getting water down to the southern part of the state, and we’ve got to find ways to addresss that,” Cervantes told New Mexico Watchdog. “One of the ways to address that is to import some water from outside the district. Another way to do that is acquire senior water rights.”

“Water is a sleeper issue here inNew Mexico,” Senate Majority Leader Michael Sanchez, D-Belen, said on the opening day of the session. “It is going to be — and already is — a major concern.”
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PARCHED: This section of the Rio Grande in New Mexico reflects the low water levels across the state. Courtesy: US Geological Survey
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Nearly every chart, graph and measurement reflects the dire picture across New Mexico.

• Virtually the entire state as in severe, extreme or exceptional drought, according to the U.S. Drought Monitor.
• The drought has hit New Mexico’s eastern plains the hardest, and according to the Palmer Drought Index, a measure that combines temperature and precipitation, the area has suffered through its driest two-year stretch since the drought of the 1950s.
• Of the state’s 15 reservoirs, 14 are below 50 percent capacity, the University of Arizona’s Climate Assessment for the Southwest (CLIMAS) shows.

“It’s a devastating world out there,” said Sen. Stuart Ingle, R-Portales,who is a farmer in the hardest-hit area of the state. “When we do get rain, we’re getting two-tenths, three-tenths of a inch of rains. It’s like putting water on hot grease.”
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WATER: New Mexico state Sen. Joseph Cervantes, D-Las Cruces, has introduced a bill calling for $120 million to try to address the state’s drought crisis.

The dry conditions have prompted the Office of the State Engineer and the Interstate Stream Commission to conclude that “as more time passes, and water problems increase in magnitude statewide, existing regional water plans are outdated and useless in addressing emerging water crises.”

SB440′s hefty price tag – it’s about $25 million more than the annual budget for the state Department of Public Safety – may prove to be a big hurdle in tough financial times. But Cervantes, with no pun intended, said that it’s a “drop in the bucket.”

“We have to have a comprehensive approach from the top of the state down,” Cervantes said.

While the bill directly affects the southern part of the state, one of the most influential legislators from the north, Sen. Phil Griego, D-San Jose, says he’ll support it.

“It can’t be a north against the south (situation),” said Griego, a farmer and rancher. “We have to work together as a state because the farmers in the south are suffering the same thing as the farmers in the north.”

Griego plans to introduce his own bill, calling on the state to spend $400,000 from the general fund to construct water storage plants.

Unless the state receives moisture of practically Biblical proportions, expect to see more debate.

“The drought right now is simply bringing to our attention what is inevitably in the future of the state of New Mexico, which is growth and development,” Cervantes said. “We’re trying make that happen. … All those things are tied to water. Nobody’s going to come here, (companies aren’t) going to stay here, we can’t achieve any of those goals if we can’t assure people of the water they need.”

Contact Rob Nikolewski at rob@nmwatchdog.org

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A FEW THOUGHTS
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Senate Bill 440 - just introduced last week by
 Senator Joseph Cervantes D-Las Cruces -
  opens up the possibility for the state to
 "acquire" water to solve the farmers'

problems in part of the state, and fuel more
growth, which Cervantes insists is a pressing
 need, which leads to a greater need
for more water, and more water, and....
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This could lead to the
 San Augustin Plains Ranch LLC
 filing a new application that could have
 the "blessing" of the legislature,
for all practical purposes.
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The entire Court of Appeals reality would
become a dead issue.  The foreign "investors"
could simply drop the case, and throw out
a new application - and THIS TIME they
could say something which would satisfy the intent of the bill -
 get a lot of water from somewhere -
and get the State of New Mexico citizens
to buy it - to the tune of initial millions.
This is just a one-year appropriation,
a ONE-HUNDRED AND TWENTY MILLION
dollar appropriation.
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Once you got this started, and got people
dependent on that water -
 farmers, subdivisions, more golf courses - 
could you ever stop it then?  Doubtful.
It could rain for 40 days and nights
across The Land of Enchantment,
but if the contracts with the foreigners
were signed up, locked up, it wouldn't matter.
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This bill has been sitting around since the
2011 Legislative Session in Santa Fe.
It never went anywhere - almost no one's
even heard of it, until last week.
What, do they have all their ducks
lined up in a row now?
Are all the "right people" on board, like Ben?
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The whole process is devious, and strange.  
The bill is listed under a
"Hazardous Materials" category when you
search for the bill online.
"HAZARDOUS MATERIALS?"
  What's hazardous here is Cervantes
and whoever's paying him. 
Where else would they

buy enough water to make a difference?
The northern part of the state seems worried
that Cervantes is looking in that direction
for more water.  How is that possible? 
 Those folks have been arguing in court about
 "who gets what" among themselves for years.
Northern New Mexico has their own problems,
like not enough water. 

When Cervantes talks about how a solution
 for the southern district is to "acquire" water from

elsewhere, outside the district, you can bet

 he's probably eyeballing the Plains.
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He's obviously been talking to that lobbyist
for these foreigners, who's been knocking
at legislators' doors, and probably spending
wads of cash down at The Bull Ring,
or La Fonda Hotel, those famous
  City Different politico hang outs,
where the boys make deals,
and let the lobbyists pick up the tab.
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There needs to be some work on moving water
 around the state, but it has to be done carefully,
 and cautiously. The water's our future. 
This is a desert, in a drought.
But we can't simply rape the water on a
 grand scale from one area, so that
another is "blessed" with crops, stripmalls, subdivisions,
and CASH for every "developer" looking
for quick profits.
  This doesn't show any insight, any wisdom,
 and those are the qualities the issue cries for.
Where's King Solomon when we need him?
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Let your state legislator know NOW that

you think Senate Bill 440 is a bad idea,

for a lot of reasons.  Here's the State
Attorney General's finding on the bill:
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"The Attorney General’s Office (AGO) reports the following: 
SB440 purports to make legislative findings of
 fact which the AGO reports are false and appear  intended to contradict the State of New Mexico’s legal position and support New Mexico’s opponents,
   including the State of Texas, in two important lawsuits, State of
   New Mexico v. United States of America Bureau of Reclamation, in New Mexico federal district court and the petition of agencies of   the State of Texas to the United States Supreme Court requesting  permission to sue the State of New Mexico in an
 original action before that court."
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So we have here, good Senator,
"Findings of Fact" that are
"FALSE" and "INTENDED TO SUPPORT
NEW MEXICO'S OPPONENTS,
INCLUDING THE STATE OF TEXAS..."
is what it says. 
Hmmmmm.....
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 Well....Senator Dinero,
"False" means LYING where I come from,
and supporting Texans, against your
own people, ought to be a hanging offense.
What does Robert Duvall say in that film -
"Must be Texans, lowest form of
white man there is."
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So, it's you, and surely these good foreign folks,
and their accountants, and lawyers/shills,
 and associates, and bagmen -
Mafia?....Foreign Mafia?
Foreign "Investors?"
What's the term here?
How do they introduce themselves?
"Hi Joe, I've got the cash.
Got time for a brewski?"
 And then we have the Texans.
God Help Us!
These people have been a problem for
New Mexico and its people since Day One.
And then there's all that damned money,
 just waiting to be split up. 
I hope you get what's coming to you.
I pray that you do.
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Here's the complete report by the AG's office:
http://www.nmlegis.gov/Sessions/13%20Regular/firs/SB0440.PDF
                  .

Cervantes is a used car salesman,
disguised as an attorney.
Slick, pretty, sly.

I wonder how much he got paid to be
 the shill for this scheme? 

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“The drought right now is simply bringing to our attention
what is inevitably in the future of the state of New Mexico,
which is growth and development.  We’re trying make that
happen. … All those things are tied to water. Nobody’s going
to come here, (companies aren’t) going to stay here, we can’t
achieve any of those goals if we can’t assure
people of the water they need.”

  

$enator Joseph Cervante$ 
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STOP THE WATER GRAB!

"A fool and his money are soon elected."

Will Rogers

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