Just back from Augustin Plains water grab hearing in front of the Office of the State Engineer(OSE). Augustin Plains Ranch (owned by an Italian billionaire) wants to appropriate more than 17 billion gallons annually near Datil, NM. NMELC represents 80+ Datil-area residents (many of whom were at the Socorro courthouse today) in their protest against the Ranch's application.
Last year, we asked the State Engineer to dismiss the application. Today, the OSE Hearing Officer heard oral arguments about whether or not the Ranch's application is legally acceptable under New Mexico's water law (we assert it is not.)
Some of today's arguments:
"A water rights application requires a specific use in a specific place. You can't check a box that says "Gosh, I'd like a lot of water so I can sell it some day."" - NMELC Attorney Bruce Frederick
"This application should never have been allowed to be filed. It has put people through a lot of heartburn and trouble. The State should have done its job and rejected it in the first place. The application should now be dismissed immediately." --Atty Sherry Tippett, for several ditch associations
"[The protestants'] concerns about place of use and not enough specificity in our application...are a little bit fanatical." -- John Draper, counsel for the Ranch
The Hearing Officer stated that he would write a recommendation on the case as soon as possible, and then send it to the State Engineer for a decision. If OSE does not dismiss the application, we will represent our clients in a hearing on the hydrological aspects of the case in the future.
www.KOB.comThe Legislature and a group of Democrats and minority voters are asking the state Supreme Court to overturn a plan for new House districts that was ordered by a district judge.
Fireworks Ban Fizzles. Suggest some alternate headlines for our latest blog post!
www.newmexicoinfocus.org
One of the governor’s top priorities was tabled in committee today – “dead” in the words of one senator – without a single Republican vote supporting the measure.
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