La Voz Newsletter, Issue I

www.svraa.org LA VOZ DE LAS ACEQUIAS DEL VALLE DEL SUR Issue I, Feb. 2011 southvalleyacequias@gmail.com First Quarter Activities Save the date! Feb. 14, 2011 Feb. 25, 2011 March 2011 May 14, 2011 SVRAA Workshop: Web information and development Development Workshop: NRCS/USDA Programs and Opportunities Clean acequias and water is released! San Ysidro Celebration The Origins of Acequias “The parciantes irrigators own the acequia watercourses, regulate them, police them, and maintain them from generation to generation, all the while perpetuating a sense of place and a system of direct, participatory democracy. As before, the acequia associations most often are the only form of local government below the county level and for this reason, they perform social and political functions outside of their main purposes as irrigation institutions. For example, the annual cleaning of the acequia not only marks the beginning of the agricultural season in early spring; it is also an occasion for the vecinos to address other local issues, reconfirming the sense of traditions that undergird the social and political life of the community.” The Iberian Origins of New Mexico Community Acequias (For complete article go to http://bit.ly/eypvdr) Jose A. Rivera, University of New Mexico & Thomas F. Glick, Boston University “In New M exico’s traditional land rich and cash poor communities, acequia associations are the only viable institution for the distribution of knowledge about water rights issues and for protecting people’s water rights.” Excerpt from Amicus Brief presented by Chris Melendrez on behalf of SVRAA to NM Supreme Court Page. 1 lorem ipsum dolor issue, date 2011 Legislative Session: The faith of House Bill 117 We would like to inform you that House Bill 117 was tabled during the hearing on Friday February 4th. Is this a sign of defeat? Of course not. The intent of this bill was to reaffirm our right to get water from the acequias managed by the Conservancy District. In that sense, we are only reaffirming a right we already have as part of the historical acequias of the South Valley. The effort to get this bill passed brought us understanding about perceptions and lack of information that currently exist with regards to the water rights and acequias in the South Valley. For example, some of the questions that came up during the hearing had to do with 1) How are the acequias organized with respect to MRGCD, 2) the notion that acequias create another layer of government, and 3) that acequias will duplicate the duties of the MRGCD and will create an extra cost to people in the valley. These are important questions and our goal should be to clarify them so people that it is for the benefit of the valley that we are helping protect and claim water rights. So how are acequias organized with respect to the MRGCD? The answer to that question is not that we are neither competing nor duplicating what the MRGDC does; we are supporting the work of the MRGCD so it can fulfill its charter to deliver water to those who own pre-1907 water rights. The issue that many people are having is that since the MRGCD claims that it does not have jurisdiction over the private acequias, then a great deal of residents are getting marginalized in the process of getting water. To accomplish this SVRAA is helping water right owners to exercise their right under the Water Users Association Act of 1909, which “allowed individual ditches and landowners to form association for pooling resources.” In this regard, the claim that landowners in the South Valley are creating another layer of government has no merit because it is a constitutional right, just as much as it is to create neighborhood associations. In fact Janet Jarret, Chairman of the Board of MRGCD, does not oppose our intent and our right; she is also afraid that local acequias are creating another layer of government, but reorganizing the acequias only means that landowners are taking the burden of maintaining private laterals for which the MRGCD is not responsible. Ms. Jarret has invited us to present our situation directly to the MRGCD board and thus we are looking forward to start an era of collaboration so we can get our bottom line, which is to get water from our ditches. See final draft of the resolution, See: http://bit.ly/eqQzoY Comisionado Gladler, from Los Padillas Acequia Association, along with other residents and irrigators from Los Padillas (some of which have sold their water rights, but are still getting water from the MRGCD) testified against the bill. It seems that this group is confused about the right that residents who have been disenfranchised from the process of getting water have with respect to re-organizing local acequias so they too can get water. The myth is that acequias, as a political subdivision of the state, are going to create another financial burden on the South Valley residents. They also explained that in their particular case they are already receiving water from the ditch and as such they don’t have any problems and therefore see no need to create another layer of complexity for them. The truth of the matter is that historical acequias have as much of a constitutional right as neighborhood association to exist, and so our intent will continue to make sure that all acequias and laterals in the South Valley get water, and that all landowners understand their right to get water and to put it to beneficial use. That this will continue to be a challenge, we know that but as long as there are people in the Valley that are not getting the water they deserve, SVRAA should not stop its mission help in the quest to keep the valley green. The formation of SVRAA and the issues with Los Padillas Neighborhood Association and the Interstate Stream Commission lorem ipsum dolor issue, date By James Mestas and Jorge Garcia All the inhabitants of the state of New Mexico shall have the right to construct, either private or common acequias, and to take water for said acequias from wherever they can… Acequias Commission Law. NMSA 1978 § 73-2-1 On December 20, 2004 the New Mexico Acequia Association (NMAA) invited a group of 25 acequia parciantes to strengthen local acequias. By May 21, 2005 the parciantes or owners of Pre-1907 surface water rights that take water from a head gate of the Pajarito Acequia Madre through a lateral called the Don Gabino Andrade Community Acequia, called for an acequia special election under the Acequias Commission Laws Section 73-2-15, and elected three commissioners and a mayordomo. Because of historical circumstances, these parciantes had been cut off from the MRGCD. Despite the parciantes payment of water service fees and property tax assessments to the MRGCD, the district claimed it had not jurisdiction. It was suggested by other parciantes also taking water from the Pajarito Acequia Madre, that the whole acequia should be organized rather than one lateral at a time. By 2006, more owners of pre-1907 water rights from other acequias in the South Valley of Bernalillo County also called for special elections of local acequia1 officials. On November 21, 2006 the newly elected commissioners of the South Valley Regional Acequia associations held a joint special meeting to adopt acequia by-laws for the acequias of Pajarito, Armijo, Arenal and Los Padillas. Under the Acequia Commission Laws, these newly reformed local acequias have sought to make improvements to those laterals that are not part of the official plan of the MRGCD. And, in 2007 local legislators introduced capital outlay bills for the acequias in the South Valley. Both Senate Bills 710 and 827 were passed and signed by the Governor to “plan, design and construct improvements to acequias in the South Valley of Bernalillo County.” $220,000 was appropriated to the Interstate Stream Commission (ISC) so it could disburse the funds to acequias in the South Valley so they might carry out their necessary improvements. The Don Gabino Andrade Community Acequia was the first to demonstrate a need to apply some of those funds, and, on March 4, 2008 the ISC Acequia Program responded by sending a Capital Project Agreement. After receiving complaints from disgruntled members of the Los Padillas Homeowners Association (LPHA), Esteban Lopez, ISC Director, stopped the ISC Acequia Program from processing the Don Gabino Acequia agreement upon the recommendation of the ISC Agency Attorney. Since then the LPHA has filed Open Meeting Act and Inspection of Public Records Act complaints with the Attorney General Civil Division that were resolved by corrective action taken by the Commissioners of the Los Padillas Community Acequia association. These members of LPHA have also contested the 2009 election of Commissioner Robert Kyzer, Commissioner of the Los Padillas. Judge Valerie Huling, from the Second Judicial District Court, overturned his election based on her interpretation of the Los Padillas Community Acequia By-laws. Appeal of this ruling was taken, and the New Mexico Court of Appeals, who transferred the matter to the New Mexico Supreme Court. The Supreme Court’s decision is pending. Continued on page 4 lorem ipsum dolor issue, date Continued from page 3 In 2007 the South Valley acequias incorporated the South Valley Regional Association of Acequias, hereinafter referred to as “SVRAA” that serves as the vehicle to maintain the local agricultural based culture of the Valle de Atrisco,1 to irrigate fields, integrate small agricultural farming to promote food security, alleviate health issues, and to promote greater involvement in community based activities that protect and preserve the tangible and intangible assets of the community. On August 25, 2009 Steven R. Farris, Director of the AG Water, Utilities and Environment Division responded to Mr. Lopez and wrote that in Middle Rio Grande Conservancy District v. Chavez, 44 N.M. 240 (1940), the New Mexico Supreme Court found that the formation of the MRGCD created a “superior authority” for the control of the distribution system compared to the existing Los Chavez acequia located within the MRGCD. But the Supreme Court also stated that “there is present no question touching upon the right to manage or control any of the side or lateral ditches, not a part of the official plan of the district, the ownership and control of which is admittedly in the land owners.” Therefore what is pending is that the Interstate Stream Commission meet the requirements of New Mexico statutory law governing acequias, and that it follows the directive by the Legislature to put appropriated funds for water infrastructure projects. The landowners of the South Valley of Bernalillo County have reorganized their historical acequias under the laws of the State of New Mexico to manage these lateral community ditches. These acequia associations are validly formed political subdivisions of this state, and under this designation acequia and community ditch associations are authorized to receive loans and capital improvement funds from the ISC. The duties of commissioners and mayordomos outlined in Section 73-2-21(A)(2) state that commissioners and mayordomos “have power to contract and be contracted with”. Therefore, despite the allegations from members of LPHA, the ISC should have done due diligence and contracted with the NCRS to allow the required improvements to proceed. In his August 29, 2008 letter to the ISC Director, Steve Farris of the AG’s office asked the ISC to provide all documents regarding the formation of the concerned acequias and an explanation why no duties remain for the acequias as they relate to the proposed capital projects including a legal analysis from the ISC attorney. However, ISC has ignored, and continues to ignore the AG’s questions while refusing to certify disbursement of capital improvement funds. The 2010 Legislature passed Senate bill SB 182 to revert unused capital projects. The bill was amended to reauthorize capital outlay appropriations to community Continued on page 5 LEGAL STATUS OF ACEQUIAS IN THE STATE OF NEW MEXICO The purpose of the acequia, as a political subdivision of the State of New Mexico and existing within the geographic boundaries of the Middle Rio Grande Conservancy District, (“MRGCD”), is “to provide surface water to fulfill the needs of member/ parciantes, to promote conservation and beneficial use of acequia water rights, and to govern the acequia in order to protect this benefit to member parciantes in perpetuity. (reference) lorem ipsum dolor NMAA CORE 1. We honor the connection between water, land, life, and communities. We believe that our acequias express the values of our culture and identity as a land-based people. Just as our herencia came from generations before us, we now have the responsibility of passing on our traditions to youth and future generations. 2. For generations, the well being of our communities has been sustained by sharing for the benefit of the common good, a tradition known as the repartimiento. Through our acequias we have shared scarce water, between our families we have shared food and seed, and through our labor we have helped one another. The acequia cleaning, sacando la acequia, is an example of the shared work inherent to our way of life. 3. We view water as a don divino or divine gift from God and as a common resource that sustains all life. EL 4. Water rights should remain connected to the acequia to nurture agricultural traditions, to replenish aquifers, and to support the green ribbons of life along our rivers. 5. We respect the traditional knowledge of our elders which guides the day-to-day operation of acequias, the cultivation of ancestral crops, and the care of our animals. 6. The worldview that treats land, water and food as commodities threatens the continued life of our communities. 7. We believe that we have the power to grow our own food locally rather than importing most of our food through the industrial food system and that this local food should be available and affordable to all our families not only the wealthy. 8. We believe that our ability to grow our own food with the water from our acequias, the lands of our families, and the seeds of our ancestors make us a free people. 9. We believe that our acequias will remain resilient by remaining rooted in centuries of traditions while also involving new community members who embrace the culture and customs intertwined with our acequias. 10. We seek to strengthen and revitalize our acequias so that we can build vibrant and healthy communities in which we grow more of our own food and we govern and manage our waters for the benefit of our communities issue, date Continued from page 4 acequias throughout the state including those in the South Valley. The appropriation was in the amount of $75,000 reauthorized in SB182, Chapter 105, Laws 2010 [Section 18 A (10 (1)] to the South Valley acequias in Bernalillo County. Thus, the clear intention of the Legislature is to authorize and assist with the necessary and critical improvements of South Valley acequias “to plan, design and construct improvements to community acequias in the South Valley of Bernalillo County.” Despite the specific directive of the legislature and the review of the Board of Finance, acequias in the South Valley were the only acequias not certified by the ISC because it “need[ed an] AG opinion.” The AG has responded to the ISC’s request for an opinion by essentially stating that the ISC has failed to substantiate any of its concerns. The present issue is that the ISC has failed to respond to the AG’s request for evidence to support its decision to stall the expenditure of these funds. The South Valley’s community acequias proposed projects for the 2010 irrigation season are stuck in a legal limbo in which the ISC condemns the acequias without substantiating its assertions about the legality of the acequias as political subdivisions of the state, while at the same time depriving the acequias of their ability to benefit from the powers entrusted to the ISC. Moreover, the AG’s office has failed to respond to the outstanding request for an opinion, including SVRAA’s subsequent requests on May 3 2010 thus leaving the matter deeper in limbo. In order to carry on the improvements needed for parciantes to get water through their historical ditches and laterals, we kindly request that the AG provide an answer to the unanswered question regarding the status of the acequias in the Middle Rio Grande. The SVRAA has provided all information available on the issue of the acequias with respect to New Mexico rules and regulation for the formation of acequias as political subdivisions of the state, and has asked our State Representative Miguel Garcia to request the AG to review the information provided and issue an opinion so that the ISC will contract with the acequias in the South Valley of Bernalillo County, through the appropriate channels and following state processes, based on the information that certifies this fact. www.svraa.org Issue I, Feb. 2011 EL AGUA ES VIDA! EL AGUA NO SE VENDE EL AGUA SE DEFIENDE SEE http://www.youtube.com/watch?v=woju8IH7Bwo QUE VIVAN LAS ACEQUIAS SOUTH VALLEY REGIONAL ASSOCIATION OF ACEQUIAS EL VALLE DE ATRISCO ALBURQUEQUE, NM 87105 ACEQUIA NEWSLETTER FOR MORE INFORMATION VISIT WWW.SVRAA.ORG