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By David Bowser PORTALES, N.M. — Most people enjoy the charm of Santa Fe, N.M., but the new president of the New Mexico Cattle Growers Association says being there during a session of the New Mexico legislature isn't much fun. "It hasn't been a real pleasant place to be up there," says Bebo Lee, president of the NMCGA. "Everybody was mad at everybody else." "It was contentious," agrees Alisa Odgen, vice president of the organization for Southeastern New Mexico. In odd-numbered years, the New Mexico legislature meets in the state capitol for 60 days at the beginning of the year. In even-numbered years, the legislature meets for 30 days. The 30-day sessions are supposed to be about budgetary matters, but this year there were 123 Executive Messages from Gov. Bill Richardson outlining issues other than the budget for the legislature to address. On a snowy day in Portales last week, Lee and other NMCGA officials gathered at a regional meeting of the association to report on the state legislative session that just ended. "There were a number of water issues up there this year," Lee said. "One of them increased the fee for domestic wells from $5 up to $200, but it didn't pass." One bill allocated money to buy water rights. "That was killed," Lee said, "but one of the big pushes up there this year was trying to buy water rights." The New Mexico Cattle Growers Association policy on that, developed through their committees, has been no net loss. In other words, if someone buys water rights, they have to replace them somehow. "We don't think they ought to be buying individual water rights without replacing the ones they're buying," Lee said. "That hasn't been a real popular stance so far in Santa Fe, but that is our policy and that's where we stand." Bert Ancell, NMCGA vice president for Northeastern New Mexico, said a bill was passed dealing with stock ponds. Under the new law, Ancell explained, landowners have to get permits for all dirt tanks. "Even if it's out on the flats and never catches water," Ancell said, "you're going to have to get a permit for it." The bill came about, said Caren Cowan, executive director for the NMCGA, because over the last two or three years, wealthy people from out of state have moved in and bought ranches for recreation rather than to raise livestock. In the Mora, N.M., area, one such rancher came in and dammed up streams, which has harmed the acequias down below. Acequias are communal ditches that local residents have used for centuries. This bill requires a permit for any kind of structure that would hold water for more than 96 hours. "Basically, what it does," Cowan said, "is create a permitting system any time you want to put a stock pond in." She said that on a dry watercourse, the process is supposed to be expedited, but it should be much more difficult to get a permit for perennial streams. Cowan said the cattle growers weren't particularly happy with the bill, but they were part of the working group that developed it. "We needed to be able to solve the problem for the acequias," Cowan said. "This seemed to be the only way to do that, so in the end we had to support the bill." One of the most controversial bills, and one that didn't pass, was the Water User's Bill proposed by Rep. Mimi Stewart from Albuquerque, chairman of the Government and Urban Affairs Committee. Her bill died in committee. "They were going to charge us for everything," Ancell said. "I imagine that'll be back next year." "She said she's going to bring it back until she's de-elected," Lee added. Under Stewart’s bill, the state would charge two dollars for every acre-foot of water pumped on irrigated land. That includes underground water and water from streams and rivers, said Ogden. There also would have been a $25 a year charge on domestic wells. "Livestock wells," Lee said, "were exempt." The acequias were also exempt. Lee said the acequias have quite a bit of clout in Santa Fe. "They've been exempted from every one of these water bills," Lee noted. Under Stewart's proposed bill, all water would be metered. Ogden said it would also include allotted water, whether it was used or not. "In the Carlsbad Irrigation District," Ogden explained, "we’re allotted 3.5 acre-feet, so we'd be paying whether we got it or not." Another bill that caused some concern was one that designated "critical management areas." That was one of the bills that failed. "The good part about the bill was that it defined what a critical management area is," Cowan said. "Right now, the state engineer is doing them without much of a definition." The downside, she said, is that it gave a single non-elected individual the ability to deny wells. "Our state engineer is a really good guy," Cowan said, "but who's going to come after him?" "The worst part of it was," Lee said, "they could deny domestic wells." State law used to classify domestic and livestock wells together, but it was changed last year to separate domestic and livestock wells. "What affects domestic wells will not affect the livestock wells at this time," Lee said, "but we were not in support of that bill. We believe they could limit the amount of water that could be drawn from a domestic, but not totally deny the domestic well." "One of the critical issues in that bill," Grider added, "was that if you have a well with three acre-feet of water rights, if that well went dry and you were forced to drill another well and it was in a critical management area, the total amount of water rights under the new permit would be one acre-foot. If you had to drill out a well, you'd lose two acre-feet of water rights." A lot of the legislation concerning domestic wells, Lee said, is aimed at stopping growth. There are quite a few anti-growth advocates lobbying the legislature. "We have been pretty much opposed to anything they're doing," Lee said. "They lobby pretty heavily against anything we do." The ant-growth activists have paid lobbyists who work with lawmakers year-around. Lee noted that NMCGA’s lobbyists are farmers and ranchers who go to Santa Fe at their own expense. "In the last two sessions, water has been one of the issues that the legislature has focused on," said Russell Grider, a rancher from Clovis. "You've got some critical issues on education. You've got critical issues regarding the budget, tax revenues, tax breaks, but the one issue that absolutely runs its course through every legislature, through every committee, is water. The bottom line is they're going to do everything they can to take water and try to divert the private property issues of water into taking it to the highest priority use." Whatever the legislature decides is the best use of the water for the public interest is what it will be used for. "I tell you," Grider said, "a lot of us farmers and ranchers, we stay home and we work. We really don't want to be involved in politics. We don't want be involved in organizations, whether it's Cattle Growers or Farm Bureau. What we like to do is stay home. We like to watch TV in the evening or watch our kids play football and basketball. We don't want to be bothered, but I'm telling you the time is here now. New Mexico is in a tremendous growth curve." Developers and environmental activist groups are coming, Grider warned. "They are interested in one priority," he said, "and that's water. They want our land, and they want our water." Whether the water is to be used for "endangered" species or development, they're coming after it, he said. "If you want to protect your vested interest in water," Grider advised, "then you need to start being involved in politics." He said farmers and ranchers need to show up in Santa Fe when the legislature is in session. Some oversight by the voters is needed. "The number of bills submitted each session and the number of days the legislature meets will not correspond," Grider said. "If you've got 2000 bills introduced in the session and you've only got a 60-day session, that means we're talking three and a half bills per day have to be reviewed and acted on in some form or fashion." There were 4006 pieces of legislation submitted for this year's 30-day session. "The legislators cannot take the time that it takes to know and understand everything about every bill," Grider said. "We need people involved. We need people on the ground in Santa Fe working for the important critical issues that affect us in everyday life." Water is a major issue across the West, but given the existing drouth and urban development in New Mexico, it is a high priority issue. "If you've got a developer that's going to build a huge subdivision on the West Mesa in Albuquerque, he's got to have water," Grider said. "Where's it going to come from? It's going to come from somebody else's existing water rights." Grider said the developers and environmentalists are going to take it unless the farmers and ranchers mount stronger opposition. Lee said he realizes not everybody can go to Santa Fe when the legislature is meeting, but he said farmers and ranchers need to stay in touch with the legislators at home. Keeping legislators informed and educating them on the needs of rural New Mexico is difficult. "Two years ago," Lee continued, "we had five legislators who had any knowledge about agriculture, who actually derived their living from or knew something about agriculture." It can be difficult to talk to a legislator from the middle of Albuquerque about water and agricultural issues. "It's quite a job to educate them," Lee said. "A lot of these bills going through and getting voted on are kind of feel-good bills and they really sound good, but nobody really thinks about the consequences of how it's going to affect the farmer and rancher four or five years down the line." One bill would have enabled the state to buy water rights and use them for supposedly "endangered" species. "We don't have any policy on that yet," Lee said. "I don't think they ought to be buying any water for endangered species. They should either sue the federal government over it, or they should lease the water." The particular bill in question was amended to allow for leasing, rather than outright purchase, of water for endangered species. "Most of us believe that if the government is going to take the water, that's a taking, and they ought to have to pay somebody for it," Lee said. |
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