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Showing posts with label verhines. Show all posts
Showing posts with label verhines. Show all posts

Friday, September 26, 2014

LOCAL RANCH LOCKS HORNS WITH THE DEVIL

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From Cambridge Dictionaries online

English definition of "lock horns" - 

to begin to argue or fight 

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Ranch family takes water fight to

 NM Supreme Court

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September 23
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augustin

A ranching family is asking the state Supreme Court to weigh in on a fight over a $600 million proposal that calls for piping billions of gallons of water from rural western New Mexico to more populated areas of the drought-stricken state.
Attorneys for Ray and Carol Pittman filed a motion Monday asking the court to order the state’s top water official to reject the latest application by Augustin Plains Ranch to pump and pipe water to supplement dwindling supplies in the Rio Grande Valley.
The commercial venture’s previous application was rejected two years ago. It was one of the most contested filings in the history of the state engineer’s office, and critics also have raised concerns about the latest application.
The court filing argues the application seeks to appropriate about 17.6 billion gallons of water a year but fails to indicate how or where the water will be used.
“By keeping the intended use vague, the ranch hopes to speculate in future water markets and ultimately sell to whoever the highest bidders may be in seven counties,” said Bruce Frederick, an attorney with the New Mexico Environmental Law Center, which is representing the Pittmans.
Frederick said that under state law, the state engineer has a duty to dismiss applications that fail to state a purpose for the water or an end user.
The state engineer’s office is reviewing the latest application but has yet to make any decision.
Officials with Augustin Plains Ranch said the court filing is an attempt by opponents and special interests to block what would be a public process if the state engineer grants a hearing on the application.
“Their desire to use the court to circumvent the state engineer before that office has had a chance to do its job puts the cart before the horse and wastes time and money,” said Whitney Waite, a spokeswoman for the ranch.
She said the latest application is more specific than the last one and includes information about the feasibility of the project, technical details and demand for drinking water.
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And here's a more detailed account from the
New Mexico Environmental Law Center:
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Residents ask state Supreme Court to rule in Augustin Plains water grab case

Santa Fe, NM — Today, a retired couple from western New Mexico asked the state Supreme Court to order the State Engineer to dismiss a massive speculative water appropriation application from Augustin Plains Ranch, LLC (“APR”).
In their petition for a writ of mandamus, filed by attorney Bruce Frederick of the non-profit New Mexico Environmental Law Center, Ray and Carol Pittman state that a second application filed by APR this summer is “identical in all material respects” to the application that APR filed in 2007. The 2007 application was denied by State Engineer Scott Verhines and a District Court after five years of litigation. Just like the 2007 application, the 2014 application seeks to appropriate 54,000 acre-feet of water per year (afy), but fails to indicate exactly how or where the water will be used, as required by the state Constitution. “By keeping the intended use vague,” said Frederick, “the Ranch hopes to speculate in future water markets and ultimately sell to whoever the highest bidders may be in seven counties.”

Under state law, the State Engineer has a non-discretionary duty to dismiss applications that that fail to specify any particular purpose or place of use of water or end user. Courts use writs of mandamus to compel recalcitrant government agencies to perform clear duties required of them by law. In this case, the Pittmans petitioned the state Supreme Court to “order the State Engineer to promptly reject [APR’s] 2014 application.” “The State Engineer must reject the 2014 application for the same legal reasons that he denied the 2007 application,” said Frederick.

The Pittman’s efforts come in response to legal maneuvering undertaken by APR and the State Engineer this summer. The Pittmans along with 80 neighbors eventually persuaded the State Engineer and a District Court to deny APR’s 2007 application because it was ‘vague, over broad, lacked specificity, and the effects of granting it cannot reasonably be evaluated.’[1] APR then appealed to the Court of Appeals, where the case was fully briefed.
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INTERVIEWS, IMAGES and EXHIBITS ARE AVAILABLE UPON REQUEST
Contact:
Bruce Frederick
Staff Attorney
New Mexico Environmental Law Center
505-989-9022, ext. 21

  bfrederick@nmelc.or
  nmelc.org
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And here's Channel 13's piece from September 24 -
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September 29
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The battle between the forces of light and those of darkness
is a subject/theme that's been explored by artists of all types -
 painters, musicians, writers, and now even television and film creators -
 for as long as man's mortal mind has been aware of
spiritual realties that exist here on earth.
The battle is ancient, real, and ever-changing.
And of course, the most well known soldier
in the war against the forces of darkness,
at least as far as Judeo/Christian mortals are concerned,
is Saint Michael the Archangel.
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How fitting that today (9/29) we celebrate the feast day
of Saint Michael the Archangel, the protector
and patron of the people of Socorro
and the local region -
(San Miguel, Spanish for St. Michael).
The Socorro County Commission has
come out AGAINST the WATER GRAB.
"The fearlessness and fidelity of this mighty champion roused
 the faithful Angels, who rallied to his standard, repeating with
 one accord: "Who is like unto God?" Then followed that 
tremendous battle between the good and the bad Angels which
 St. John describes in Revelation: "And there was a battle in
 Heaven: Michael and his Angels battled with the dragon, and
 the dragon fought and his Angels. And they did not prevail,
 neither was their place found any more in Heaven. And that
 great dragon was cast down, the ancient serpent, he who is
 called the devil and Satan, who led astray the whole world"
Revelations 12: 7-9
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 San Miguel Mission in Socorro.
  Below, a whimsical wood carving of the saint
 from northern New Mexico.
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St. Michael the Archangel, illustrious leader of the heavenly army,
 defend us in the battle against principalities and powers, against the rulers
 of the world of darkness and the spirit of wickedness in high places.
 Come to the rescue of mankind, whom God has made in His own image
 and likeness, and purchased from Satan's tyranny at so great a price.
 Holy Church venerates you as her patron and guardian.
 The Lord has entrusted to you the task of leading the souls 
of the redeemed to heavenly blessedness. Entreat the Lord of peace to cast
 Satan down under our feet, so as to keep him from further holding man
 captive and doing harm to the Church. Carry our prayers up to God's throne,
 that the mercy of the Lord may quickly come and lay hold of the beast,
 the serpent of old, Satan and his demons, casting him in chains into
 the abyss, so that he can no longer seduce the nations.
From the English version of Roman Ritual
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Sunday, August 17, 2014

ORAL ARGUMENTS ON THURSDAY, MINUS ONE


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Here's an e-mail being circulated by Bruce Frederick,
attorney for the good guys in the water grab.
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A couple of significant things have happened to which I’ve had to quickly respond. As you know, the Court asked the parties to file supplemental briefs on the issue of whether the “new” application filed by the Ranch  makes the 2007 application and the Ranch’s appeal “moot.” An appeal or law suit becomes “moot” when there is no longer any controversy among the parties. 
 In our supplemental brief, we argued that the “new” application did not remove the controversy, because the “new” application is in all material respects the same as the old application. The OSE took the position that the appeal is moot; the Ranch argued that the appeal would become moot if the OSE accepted its “new” application.
 The Court responded that it did not find the supplemental briefs altogether helpful, and it ordered oral argument on August 21 on seven topics (see attached order).
 The Court inexplicably excluded us from participating in the oral argument*, although it allowed us to attend (it’s open court after all). I filed an objection and request for  reconsideration (attached), asking the Court to allow us to participate, especially because the seven topics went right to the merits of the appeal.
 The Court has not yet responded, but the Ranch filed another supplemental brief informing the Court that the Ranch has abandoned its “old”  application. This strongly implies that the Ranch and the State Engineer have a private deal of some kind. Call if you have questions about this.  We’re still waiting for the Court to respond. If it dismisses the appeal, we can apply to the NM Supreme Court for review. The Supreme Court does not have to review our case, but we can make a good showing that they should.
 There are other possibilities that we can discuss.  So, as of now: Oral argument is still scheduled for August 21, and people should come if they can to show support. However, as it stands, the Court has excluded me from presenting any argument on your behalf. I will be there regardless. I will let you know as soon as I hear anything else.  
R. Bruce Frederick,
 Staff Attorney New Mexico Environmental Law Center 
 1405 Luisa Street, Suite 5
 Santa Fe, NM 87501
 505-989-9022
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 Editor's note: I didn't get any of the attachments Bruce
refers to....if I can find them somewhere (when time allows)
 I'll put them up.
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Michel Jichlinski, Project Director for the
Augustin Plains Ranch, LLC.
No experience in ranching, but lots of experience in
engineering the theft of millions of U.S. taxdollars
on contracts in war zones in Iraq and Afghanistan.
Read this post for more - this guy's a pro thief.
http://stopthewatergrab.blogspot.com/2013/02/update-on-our-llc-project-director.html 
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Here's something from that post:
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You have to wonder what the hell possibly
possessed Verhines, that he would even think
of hanging out with this guy, publicly,
 in the state capitol.  Is he stupid, or did he
  figure no one would know just who
 his sidekick really was, or is it that
 he doesn't give a rat's ass,
one way or the other? 
 It had been less than 90 days since the feds
 had levied their record-setting fine.
Jichlinski was then technically out of
The Louis Berger Group,
but was the major player when all these
 crimes happend,
and now he had come to New Mexico -
to ply his trade.
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  He knows a lot about "cooking the books" -
(fraudulent accounting practices), and bribery.
Oh, perfect!  It's a buyer's market in this place!
True, but it's not just that they're cheap,
they're also a public embarrassment.
What, do they think people can't figure it out?
They're as bad as the Whore of Babylon.
 There's no shame here. Has there ever been?
Verhines could just as easily have been
 hanging out with the devil himself.
  Well, maybe he was,
come to think of it.
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 Ah, New Mexico.
La Tierra de Encantada -
 The Land of Enchantment.
La Tierra de Los Ladrones -
The Land of The Thieves.
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Ladron Peak, northeast of Magdalena
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