Welcome to the online newsletter of the New Mexico Acequia Association, Las Noticias de las Acequias! Acequias are a vital part of our cultural heritage in New Mexico. Our historic system of community-based water governance, agriculture, and food traditions is under threat by development pressures, industrialization of the food system, and the commodification of water. To read the full text of a recent article that provides an overview of acequia and current issues, check out Acequias: Cultural Legacy and Grassroot Movement, which was recently published in Sustainable Santa Fe.
Join us in the struggle to sustain our way of life by protecting water as a community resource and strengthing our farming and ranching traditions. If you are on our mailing list, bienvenidos!!! If you would like to receive this online newsletter, please click below: "Join Our Mailing List." Thank you for your support! Que Vivan las Acequias!!
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Acequias to Convene for 8th Annual Congreso de las Acequias
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On Saturday, December 1st, acequias will convene for the 8th Annual Congreso de las Acequias, the only statewide gathering of acequias. The gathering will take place at El Museo Cultural (1615 Paseo de Peralta) in Santa Fe from 9:30am - 3:30pm. Click here to register online!!
The Congreso de las Acequias in the governing body of the New Mexico Acequia Association comprised of regional delegations from 22 different regions throughout New Mexico. Altogther, over 500 acequias are represented through their respective regional delegations.
The annual Congreso is an opportunity to get critical updates on water and agriculture in New Mexico and to network with acequia leaders from around the state. This year, the meeting agenda will include two panel presentations: Water Rights and Agriculture and Youth.
The Water Rights panel will include presentations from acequia parciantes on the recent effort of the State Engineer to bring water rights under greater management control of the state through Active Water Resource Management, which includes the appoint of water masters and imposition of water metering. Many questions remain about how this will affect the historic customs and practices of local acequia self-governance. The other topic on the water rights panel will be an update on litigation regarding water transfers. Acequias who exercise their power to regulate water transfers are facing legal challenge. Attendees will hear first hand of the experience of acequias who are on the forefront of test cases of acequia authority over water transfers.
The Agriculture and Youth panel will begin with an update on the Northern New Mexico Food System Assessment, a grassroots, participatory study about the condition of our food systems (agricultural production, food security for families, native food traditions) in an area of northern New Mexico. Findings include the need to retain land and water rights as family inheritance, the need for greater support for farmers and ranchers, and the need for investment in agricultural and food processing infrastructure.
The second topic on the panel will be an update on the Sembrando Semillas project where youth will present videos of their work in the past year learning about acequias, growing food, and having fun while working the land.
The Congreso regional delegates will vote on resolutions and to elect the eleven member Concilio. Some of the resolutions under consideration are posted on our website.
For more information, contact the NM
Acequia Association at 995-9644 or go to our website at www.lasacequias.org.
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Farm Bill Update
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At press time, the 2007 Farm Bill awaits action in the US Senate. The NMAA along with several partners held a Farm Bill Forum and developed policy recommendations to the Congressional delegation. Other partners were Rio Arriba County, the Northern New Mexico Stockmans Association, Traditional Native American Farmers Association, NMSU Cooperative Extension, Northern New Mexico College and American Friends Service Committee. We also participated in a national effort entitled the Diversity Initiative that was instrumental in getting the following provisions in the current version of the Farm Bill:
- Conservation Programs: Set aside of 10% for Beginning and Socially Disadvantaged Farmers and Ranchers (SDFRs) with 90% cost share.
- Beginning Farmer Program: Discretionary funding for program with 25% set aside for SDFRs.
- Farm and Ranchland Protection Program: 10% set aside for SDFRs.
Provisions we requested which were not included:
- SDFR Initiative: Would have created a payment structure to provide financial incentives and technical assistance to increase number of SDFRs.
- Forestry Amendments: Would have recognized historic rights to traditional uses on forest land by indigenous and land-based communities.
Note: The term Socially Disadvantaged Farmers and Ranchers is used by the USDA to describe racial or ethnic groups who have been historically underrepresented in USDA programs. There are calls to change this term to more accurately describe our communities but for now this is the term used in the Farm Bill.
For more information about the Farm Bill, visit the Farm and Food Policy Project.
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Sembrando Semillas Youth Make Posole
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On Saturday, October 20, 2007, the Sembrando Semillas team gathered in
Chamisal to learn how to make posole from blue corn. This workshop was led by our mentor Maximiliano Garcia with great support from his family.
The workshop was attended by Taos' RJ Chavez, Karen Mirabal, as well as Questa's Andrew, Samantha, Jordan, and Lauren Mascareņas. Penasco Semillas included Toribio Garcia, Michael Fresquez, Juan Felipe Roybal, Adam & Eric Casados, and Donne, Augustine, & Ignacio Gonzales.
We learned about the entire process of making posole, starting with the planting and harvesting of blue corn last year. The workshop consisted of desgranando el maiz, aigriando, lavando, and boiling the corn with cal (lime) until it turned orange and the seed shell started coming off.
It then had to be rinsed several times to remove the cal. At that point it can be frozen or dried for later use. Posole, like chicos, is a fundamental food in northern New Mexico culture so having this knowledge is important. To see more photos and to listen to our radio show about our posole-making experience, click here.
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| NMAA Announces Acequia Workshops
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In the next few months, NMAA will host several Acequia Workshops for Mayordomos, Commissioners, and Parciantes. The purpose of the workshops is to strengthen acequia governance by creating a forum for knowledgeable community members to share their experience and to provide information on a variety of topics of interest to acequia parciantes and officers. Some of these topics include acequia bylaws, water rights, water management/water sharing, easements, water transfers, water banking, and infrastructure planning. NMAA presents the various sections of the Acequia Governance Handbook, which is available under the Acequia Governance section of the NMAA website.
The first of the workshop series was held on November 8th in conjunction with the East Mountain Soil and Water Conservation District Annual Meeting in Estancia. Other workshops tenatively planned include one on Saturday, January 12th from 9:30am-12:00pm (Location TBA) and another on Saturday, February 23rd from 9:30am - 12:00pm at the El Rito Rural Event Center in Rio Arriba County. Workshops will also be scheduled for March, May, and June.
For more information, please contact us at 995-9644. Check our website www.lasacequias.org for frequent updates to our workshop schedule. If you need more information about acequia governance, water rights, or infrastructure planning, contact Janice Varela at organizer@lasacequias.org or Kenny Salazar at kenny@lasacequias.org.
The Acequia Governance Project is supported by a contract between the NMAA and the State of New Mexico through an appropriation from the New Mexico State Legislature.
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Update on Hernandez/Gavilan Water Transfer
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Members of the New Mexico Acequia Association mobilized to pass a new law in 2003 that authorizes acequias to approve or deny water transfers. In 2007, acequias who have used this new power, including Acequia de Gavilan and Hernandez Community Ditch, are facing legal challenge of their decisions. In both cases, the acequias had adopted the bylaw provision giving them decision-making authority over proposed transfers, under the 2003 state law. Both acequias had determined that the transfer would be detrimental to the Acequia and its members after holding a meeting to consider the transfer. In both cases, the acequias' decisions were appealed to state district court.
In September, Judge Sanchez heard arguments in Santa Fe and later ruled that the applicants for the transfers were entitled to a new hearing in state district court, regardless of what the acequias had already determined. NM Legal Aid and the other lawyers involved in the case disagreed with Judge Sanchez and asked the Court of Appeals to consider an appeal.
In November, the Court of Appeals agreed to grant the appeal. In doing so, the court will be the first to consider certain challenges to the new acequia law. The acequias' attorneys will be asking the Court of Appeals to uphold the law as giving deference to the local acequias' decision rather than to require a trial each time an applicant appeals to court.
In the meantime, we encourage all acequias to adopt the transfer bylaw, which gives acequias the authority to deny a proposed transfer if they find the transfer would harm the acequia or its members. When considering a transfer application under the Acequia's bylaws, it is very important to proceed carefully and follow all relevant state laws. If you hear of a proposed transfer off your acequia, or if the acequia receives an application to transfer water rights, please contact NMAA or New Mexico Legal Aid (David Benavides or Ryan Golten, at 1-800-373-9881) right away!!!
For a copy of the NMAA bylaws template, go to the NMAA website under Acequia Governance.
The New Mexican published an op-ed by Paula Garcia on September 23, 2007. Click on these links for more coverage by the New Mexican: Water Right Cases Test Acequia Powers Water Right Cases Could Determine Acequia Future Acequia Water Rights Challenge Not Long Term Solution Lawsuit Threatens Spirit of Laws Letters to the Editor
Sanchez Ruling Confounds Both Sides
La Jicarita News did their cover story for their October issue on the article "Richard Cook Challenges State Statute that Protects Acequias."
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Acequia Parciantes Defend Cabresto Dam
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Nearly 100 acequia parciantes and local officials packed a meeting in Questa where representatives of the Office of the State Engineer presented a plan to breach Cabresto Dam. Esther Garcia, a commissioner on one of two community acequias that depends on water from Cabresto Dam is determined that the dam be repaired or rebuilt. "Water means everything to us. If the dam is breached, it will dry up our community."
Community leaders including Garcia have been pushing for funding to rehabilitate the aging dam and were successful in securing a 2006 legislative appropriation of $2.3 million. "The State Engineer hasn't moved on this project...and now, they are telling us of plans to breach the dam without any assurances that the dam will be rebuilt," says Garcia.
Efforts to secure additional funding in the 2007 legislative session were not successful because of concerns by the State Engineer over whether it was technically or economically feasible to rebuild. The acequias have argued that the dam is essential to continue irrigated agriculture in the area and that it supports the income of many families in the area. Other local officials, including the Mayor of Questa and County Commissioners have expressed support also citing that the lake is an economic necessity and a recreational treasure for the community.
Questa leaders are mobilizing and meeting with state officials to get stronger committment to rebuild the dam if it is breached. In a recent meeting, Garcia and others sought to apply pressure to the State Engineer to ensure the engineering firm under contract should do a plan and design that includes the breach and rebuilding so that the cost estimate can be used for pending legislative requests.
Garcia commented, "We need everyone's help on this. If this happens to our dam, it could happen to others."
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| Legislators Question State Engineer on Water Regulations
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Members of the Water and Natural Resources Legislative Interim Committee interrogated State Engineer John D'Antonio with hours of questioning at a recent meeting. The monthly meeting of the committee, held in Taos on August 28th and 29th, had a strong focus on acequias. An estimated 80 acequia and mutual domestic leaders attended the meeting to hear three of New Mexico's top acequia attorneys present a scathing critique of the new Active Water Regulations Management (AWRM) regulations promulgated by the State Engineer and a presentation by the New Mexico Acequia Association on the impacts of water markets to acequias, traditional agriculture, and rural water security.
The AWRM regulations set forth a management framework that brings the state's water under more direct management control of the State Engineer through water masters and metering. This has raised many questions about the historic role of acequias as local governments that manage water. The regulations purportedly intend to protect senior water rights but in effect actually undermine senior water rights through expedited water markets and top-down, unilateral approval of water sharing arrangements.
"These regulations are very problematic. To distribute water this way, the state has to know who has what water. The courts should determine that, not the State Engineer," said Fred Waltz, attorney for over a hundred acequias in the upper Rio Grande. "In most areas, metering is just not practical. These regulations should be called Active Water Resource Meddling."
The panel of attorneys also called attention to problems with expedited markets. "Expedited markets are a violation of state law. The State Engineer is attempting to circumvent basic constitutional due process and notice requirements and the statutory requirements for water transfers in state law," said David Benavides, attorney for New Mexico Legal Aid. The statutory water transfer process includes consideration if impairment of existing water rights, water conservation and public welfare and it provides for opportunity to protest. Benavides also discussed the significance of local decision-making regarding water sharing. "The State's role is to enforce priority and protect senior water rights. It is up to the communities to decide among themselves how to share water in a matter that is equitable and serves the common good."
The response by the State Engineer and his general counsel, D.L. Sanders, was not clear. D'Antonio explained that expedited markets were needed to provide water to junior users, typically cities, in times of water shortage and priority calls. "If we call priority on a city, we need to make sure they have water. The regular water transfer process takes several months." When asked by Senator Griego whether acequia water rights could be part of expedited markets, D'Antonio responded that they could. When asked whether expedited markets violated due process, D'Antonio avoided a direct answer saying only that markets are "voluntary."
In the following presentation by the New Mexico Acequia Association, Paula Garcia explained the impact of water markets on acequias. "Unprecedented demands for water are threatening the future viability of acequias and small-scale agriculture in New Mexico. State policy that expedites water markets is the wrong direction for New Mexico." In response to earlier statements by the State Engineer and expedited markets, Garcia urged the committee to have more oversight over rulemaking by the State Engineer and to repeal language from a 2003 law the OSE uses as a justification for expedited markets.
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Monticello Protests Water Transfer to Belen
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Monticello Community Ditch Association, in Sierra County,
attempted to deny a proposed transfer of a huge amount of water rights off the
Acequia to the Town of Belen
last year. The applicant and his attorney, Tim de Young, got the court to say
that the Acequia hadn't adopted an effective transfer bylaw in time. So the
transfer application went to the State Engineer and the Acequia protested the
application. There are now 42 protestants to the application, including the
Interstate Stream Commission (ISC), Sierra Club and many others. The ISC's
position is that since the water in the tributary never reaches the Rio Grande, this transfer
would not replace the additional water that Belen would take, so Belen will
impair downstream users and interstate deliveries. (This is also one of the main arguments the Acequia has made!) George Chandler is the
attorney for the Acequia, with assistance from New Mexico Legal Aid. Looks like
Mr. De Young will have his hands full!
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| USDA Announces Disaster Assistance
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Agriculture producers who
suffered losses caused by natural disasters in 2005-2007 are reminded to sign
up for three new ad hoc disaster programs, announced Rick Lopez, State
Executive Director for the New Mexico Farm Service Agency (FSA). Currently, applications are being accepted
for the Livestock Compensation Program (LCP), Livestock Indemnity Program (LIP)
and Crop Disaster Program (CDP). "Although
ending dates for sign-up periods have not yet been announced, it is important
for producers to apply for benefits as soon as possible."
Fr more information on
applying for FSA disaster assistance and to schedule an appointment, please
call your local County FSA Office.
Detailed program information is available on a fact sheet entitled
Agricultural Assistance Act of 2007 on New
Mexico's FSA website, www.fsa.usda.gov/nm. Look under Spotlights section.
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| Announcement: Workshop on Alternative Crops
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NMSU and Western SARE (Sustainable Agriculture Research and Education) will host a workshop on Alternative Crops for New Mexico on December 11, 2007 from 8am-5pm.
Santa Fe County Extension Office Santa Fe County Fairgrounds 3229 Rodeo Road Santa Fe, NM 8:00 am ~ 5:00 pm
For more information, contact Jeanine Castillo, Workshop Coordinator at (575) 202-8728 or rjeanine@nmsu.edu.
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Que Vivan las Acequias Radio Show
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This is a monthly half-hour radio show that explores the richness the
acequia culture and the challenges facing acequias. The show also
chronicles the work of the New Mexico Acequia Association and the
activities of the Sembrando Semillas team. |
Thank You!!!
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The New Mexico Acequia Association gratefully acknowledges the support of the many acequia parciantes and supporters who are members.
We also wish to thank our foundation supporters including (in alphabetical order) the Catholic Campaign for Human Development, the Christensen Fund, the Jesse Smith Noyes Foundation, the Just Woke Up Fund, the McCune Charitable Foundation, the Marguerite Casey Foundation, the Panta Rhea Foundation, the Santa Fe Community Foundation, the W. K. Kellogg Foundation.
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