Monday, March 31, 2014
Friday, March 28, 2014
OBJECTIONS DUE BY APRIL 7TH - FINAL EXAMPLES
PLEASE
EMAIL ELRANCHOCOMMUNITY@GMAIL.COM AND REQUEST ATTACHMENTS BELOW BE
EMAILED TO YOU. Facebook does not allow word documents to be attached
and the documents are too large to send as a picture.
We will also be sending these attachments out to people already on our email distribution.
As requested, there are THREE examples that can be used to object to the proposed water system. These include the objections provided by Aamodt Settlement Facebook.
ATTACHMENT A and B: Objectors can attached ONE of these objection listings to their completed form. Where it asks for objections please write in bold print "SEE ATTACHMENT" and staple the forms together along with the attachment you choose. Please only use one of the example attachments. They are similar and we want to make sure persons use only the one that pertains most to their situation. The Objector or their Attorney will have to argue their objections to the court if requested. Please do not let this intimidate you. If there are many "like" objections, the judge may allow a group argument.
ATTACHMENT C: These objections are the ones that Lorenzo Atencio offered to the community. Another lawyer created a template of the actual form with his objections formatted in the form itself. If these pertain to you, all that is needed is to fill out the first page and sign.
These objections must be delivered by or before April 7th. Hand delivery is best and at that time they should be stamped received.
They can be delivered to:
Federal Court, 106 South Federal Street (next to the main Post Office), Santa Fe. If you can hand deliver objections for your neighbors, elderly, and family please do so.
Please share with all that might need help with objections.
We will also be sending these attachments out to people already on our email distribution.
As requested, there are THREE examples that can be used to object to the proposed water system. These include the objections provided by Aamodt Settlement Facebook.
ATTACHMENT A and B: Objectors can attached ONE of these objection listings to their completed form. Where it asks for objections please write in bold print "SEE ATTACHMENT" and staple the forms together along with the attachment you choose. Please only use one of the example attachments. They are similar and we want to make sure persons use only the one that pertains most to their situation. The Objector or their Attorney will have to argue their objections to the court if requested. Please do not let this intimidate you. If there are many "like" objections, the judge may allow a group argument.
ATTACHMENT C: These objections are the ones that Lorenzo Atencio offered to the community. Another lawyer created a template of the actual form with his objections formatted in the form itself. If these pertain to you, all that is needed is to fill out the first page and sign.
These objections must be delivered by or before April 7th. Hand delivery is best and at that time they should be stamped received.
They can be delivered to:
Federal Court, 106 South Federal Street (next to the main Post Office), Santa Fe. If you can hand deliver objections for your neighbors, elderly, and family please do so.
Please share with all that might need help with objections.
NOTIFICATION FROM COMMUNITY MEMBER
Aside
from objecting or making your election for the Aamodt Settlement,
residents need to look at the proposed pipeline. The proposed course for
the RWS pipeline enters private non-Indian property and branches in
residential driveways. You can contact Molly Thrash of the Bureau of
Reclamation at sthrash@usbr.gov to object to the proposed pipeline path
if this proposed pipeline crosses your private property.
Thursday, March 27, 2014
AAMODT COMMUNITY MEETING
You asked, we made it happen...
Additional Aamodt Water Settlement Community Meetings
Our prior series of community meetings on the Aamodt Settlement were filled to overflowing, and many of you emailed and called asking if we could schedule more to continue to help and answer your questions. And the answer is -- yes! We're here to help.
Thursday , March 27, 2014
6:00 - 8:00 pm
Frank B Lopez Gym (Pojoaque Middle School), 1574 New Mexico State Road 502 West, Santa Fe, 87506
Everyone is welcome to attend one or both meetings.
Additional Aamodt Water Settlement Community Meetings
Our prior series of community meetings on the Aamodt Settlement were filled to overflowing, and many of you emailed and called asking if we could schedule more to continue to help and answer your questions. And the answer is -- yes! We're here to help.
Thursday , March 27, 2014
6:00 - 8:00 pm
Frank B Lopez Gym (Pojoaque Middle School), 1574 New Mexico State Road 502 West, Santa Fe, 87506
Everyone is welcome to attend one or both meetings.
Wednesday, March 12, 2014
WOW! Our concerned taxpayers are on a roll....
Good stuff people...keep sending in your research to get us all informed!
Look at comments from supporters of the Aamodt Settlement that we elected into office taxpayers! Senator Tom Udall and Senator Jeff Bingaman. Also, local David Ortiz who is on the Pojoaque School Board.
http://www.capitolreportnewmexico.com/tag/pojoaque-basin-water-alliance/
Look at comments from supporters of the Aamodt Settlement that we elected into office taxpayers! Senator Tom Udall and Senator Jeff Bingaman. Also, local David Ortiz who is on the Pojoaque School Board.
http://www.capitolreportnewmexico.com/tag/pojoaque-basin-water-alliance/
FORWARDED FROM A CONCERNED TAXPAYER - THANK YOU!
FYI- County Meeting for Community Zoning, Pojoaque Meeting tomorrow at 9AM..Please Share.
Hi all, this is just a heads-up concerning the zoning map meetings being suddenly held by the county, as in the county's message today (the 11th) from Chrisann Romero:
Santa Fe County is in the process of assigning SLDC base zoning districts in community planning districts, . The assignment of base zoning districts in the plan areas represents a significant change from the SLDC Preliminary Zoning Map October 2013 . . . .
Keep in mind the following from the recently adopted SLDC from CHAPTER NINE – COMMUNITY DISTRICTS:
9.3. EFFECT OF SLDC ON EXISTING COMMUNITY DISTRICTS.Prior to the adoption of the SLDC, numerous community districts were established by ordinance, and these individual community district ordinances shall remain in effect until such time as new community plans are adopted in accordance with Chapter 2, and a corresponding O-CD is established in accordance with Chapter 8. --emphasis added
I 'm not the only one concerned
that the zoning map is not going to reflect our community plans but will
be imposing zoning that may be quite contrary to them. It may also be
that:
--there was not even a legal amount of time for public notice of these meetings,--the county is not following their own code and plan.
If it turns out that there
is a problem--that there is heavy-handed zoning being imposed--people
could ask at their appointed meeting, such questions as: What is the
criteria for this?
Community District Zoning Map Review Schedule-All meetings will be held in the County Commission Chambers
|
Monday, March 10th, 2014
|
Madrid 2:00 PM
|
Tesuque- 4:00 PM
| |
|
Wednesday, March 12th, 2014
|
Galisteo 9:00 AM
|
El Valle de Arroyo Seco 10:00 AM
|
Tres Arroyos de Poinente 11:00 AM
|
Wednesday, March 12th, 2014
|
San Pedro 2:00 PM
|
U.S. 285 South Highway 3:00 PM
|
Village of Agua Fria 4:00 PM
|
|
Thursday, March 13th, 2014
|
Pojoaque Valley 9 AM
|
Los Cerrillos 10:00 AM
| |
|
Thursday, March 13th, 2014
|
La Cienega/La Cieneguilla 2:00 PM
|
San Marcos 3:00 PM
|
Chimayo 4:00 PM
|
FORWARDED BY A CONCERNED TAXPAYER-THANK YOU!
Very good link to become further educated:
Tuesday, March 11, 2014
THIS IS WHAT THIS FORM MEANS NOTICE OF DOMESTIC WELL ELECTION
If you have a domestic well water right, you
must make a Domestic Well Election from the following options . (You do
not have to make this decision at this time, you can if you would like, but the courts will have to get a hold of you at a later to do so,
about one to two years from now) Pursuant to Section 3.1.7.2 of the Agreement the above-named Settlement Party hereby make(s) the following election respecting the water right from said party's well(s) (check only one):
To connect to the County Water Utility pursuant to Sections 3.1.7.2.1 and 3.1.7.41 of the Agreement. (This option means you cap your well, get credit of giving .5 acre feet to Regional Water System, hook up to Regional Water System when it becomes available, and pay a monthly water bill.)
To Keep well and limit use pursuant to Sections 3.1.7.22 and 3.1.7.42 of the Agreement. (This option means you keep your well in perpetuity {forever}, your well is adjudicated down to .3,.5, or .7 acre feet depending on your well, and a meter will be put your well sometime in the future. This could be different for pre-basin wells, prior 1956.)
To Connect to the County Water Utility upon transfer of property pursuant to Section 3.1.7.2.3 and 3.1.7.4.3 of the Agreement. (This option means you keep your well upon transfer of your property. Your well is adjudicated down to .3,.5, or .7 acre
feet depending on your well, and a meter will be put your well sometime in the future. Upon transfer of your property, either through the sale or willing to another person, that person will have to cap the well and hook up into the Regional Water System and pay a monthly water bill.)
about one to two years from now) Pursuant to Section 3.1.7.2 of the Agreement the above-named Settlement Party hereby make(s) the following election respecting the water right from said party's well(s) (check only one):
To connect to the County Water Utility pursuant to Sections 3.1.7.2.1 and 3.1.7.41 of the Agreement. (This option means you cap your well, get credit of giving .5 acre feet to Regional Water System, hook up to Regional Water System when it becomes available, and pay a monthly water bill.)
To Keep well and limit use pursuant to Sections 3.1.7.22 and 3.1.7.42 of the Agreement. (This option means you keep your well in perpetuity {forever}, your well is adjudicated down to .3,.5, or .7 acre feet depending on your well, and a meter will be put your well sometime in the future. This could be different for pre-basin wells, prior 1956.)
To Connect to the County Water Utility upon transfer of property pursuant to Section 3.1.7.2.3 and 3.1.7.4.3 of the Agreement. (This option means you keep your well upon transfer of your property. Your well is adjudicated down to .3,.5, or .7 acre
feet depending on your well, and a meter will be put your well sometime in the future. Upon transfer of your property, either through the sale or willing to another person, that person will have to cap the well and hook up into the Regional Water System and pay a monthly water bill.)
What should one do immediately in respect to the Aamodt process!!
1. Contact the State Engineers office to make sure they have your well identified. This could be
especially important for pre-basin wells (prior 1956) because there were no permits issued at
that time. This is very important, wells that are not identified will not be allowed to divert
water once the Settlement is final! Please also make sure your surface water rights (if you
have some) are correct and under the proper name while at State Engineers office.
2. State Engineers office has been adjudicating wells in this basin for several years and believes
they have adjudicated about 85% to 90% of the wells in this basin. Adjudication is a legal
process to determine who has a valid water right and how much water can be used. More
than likely, all wells had an original permit allowing the ability to divert up to 3 acre feet from
the well. Our state law is one of beneficial use, meaning you have a right to divert water up to 3
acre feet if your well permit lists that, but your right is dependent on how much water you have
actually put to beneficial use. This becomes particularly hard to identify since most people have
never metered their usage. For example: If a household has drawn 1 acre foot of water over
several years, their adjudicated right would be 1 acre foot (one acre foot is 325,851 gallons of
water). More than likely this person would irrigate a small garden and have some livestock for
this type of usage. Contact the State Engineers office to find out what your well has been
adjudicated down to. Wells are being adjudicated down to .7, .5, and .3 acre feet depending
date of well drilled and whether or not one signed up for Post 1982 Well Agreement. If you
believe your Historical Beneficial Use is more than your well has been adjudicated to, you can
protest that to the State Engineers office.
3. If you have not received a packet (all packets are generic), you can pick one up at the State
Engineers office. In this packet, there is an Objection to the Settlement Agreement Form and
Acceptance of Settlement Agreement form. The only form due by April 7th is the Objection to
the Settlement Agreement Form, but this is only if one decides to file an objection. On this
form, it has a signature for an attorney, one can file Pro Se and does not need an attorney (if
one chooses to file Pro Se, leave the signature of attorney blank). There will not be another
opportunity to file an objection once this date passes.
4. Important!! If you do not file your Acceptance of Settlement Agreement Form where one has
to make a choice on their domestic well election, you will be considered a non-responder and
the court will have to get a hold of you at a later date (State Engineer estimates a one to two
year period) to make this choice (election). Positives to making election now is one may be on
the first come first serve list for free hook up to their home from Regional Water System (RWS).
Positives to waiting may be having more information about the system. Currently, the Water
Master (State Engineer) has not finished nor has taken public comment on the Water Master
Rules and Regulations that will establish the rules and regulations in the basin. Another may be
that the Regional Water Authority (RWA) has not been established. The RWA will be established by Santa Fe County and the four Pueblos to own, operate, and maintain the Regional Water System. A Joint Powers Agreement (JPA) will be completed between Santa Fe County and the four Pueblos to do so. This document has been in negotiations for more than four years already without public comment. Please see attached document with notes on draft JPA. With these two documents incomplete, you are being asked to sign a contract without many important details being disclosed.
Some additional facts:
1. Many have asked about the cost of a water bill if they hook up to the system. This is highly
dependent on two things, the rate schedule that hasn’t been established yet and the amount
of usage. Santa Fe County believes it would look like their current rate schedule they use other
places. There has been about 300+ wells in the basin that have been monitored by the State
Engineers office for many years and their current usage is an average of 3/8 (.375) acre feet of
water per year. Please understand usage will vary hugely from household to household. Using
SF county rate schedule for usage of .375 acre feet, a monthly bill would be $87.83. Using City
of Santa Fe rate schedule for usage of .375 acre feet, a monthly bill would be $113.73 (a couple
assumptions made here because they charge different rates for four months). Obviously, these
are today’s dollars, people would probably not be hooked up for 6 or 7 more years.
2. If an individual who has a well does not make a choice on their domestic well election by the
last date offered (currently State Engineer estimates between a year and two years), this well
will be entered into the court as accepting the settlement agreement and agreeing to hook up
to Regional Water System. Whether the court accepts this entering is unknown. Because all
packets went out first class stamps instead of certified mail, it is likely many did not receive a
package. It is important that all your friends, neighbors, and family are notified (in case they
never received packet) so they can make their own decision rather than the court making that
decision for them. There is time right now (at least a year), but we must be diligent when the
deadline approaches.
3. If you believe you have friends, neighbors, and family that wish to file an objection. Please
notify them to pick up packet and file by April 7th.
The information above is to allow one to become better informed in making a decision and
recommendation of action items at this time. Most important, please pass this information to
friends, family and neighbors.
especially important for pre-basin wells (prior 1956) because there were no permits issued at
that time. This is very important, wells that are not identified will not be allowed to divert
water once the Settlement is final! Please also make sure your surface water rights (if you
have some) are correct and under the proper name while at State Engineers office.
2. State Engineers office has been adjudicating wells in this basin for several years and believes
they have adjudicated about 85% to 90% of the wells in this basin. Adjudication is a legal
process to determine who has a valid water right and how much water can be used. More
than likely, all wells had an original permit allowing the ability to divert up to 3 acre feet from
the well. Our state law is one of beneficial use, meaning you have a right to divert water up to 3
acre feet if your well permit lists that, but your right is dependent on how much water you have
actually put to beneficial use. This becomes particularly hard to identify since most people have
never metered their usage. For example: If a household has drawn 1 acre foot of water over
several years, their adjudicated right would be 1 acre foot (one acre foot is 325,851 gallons of
water). More than likely this person would irrigate a small garden and have some livestock for
this type of usage. Contact the State Engineers office to find out what your well has been
adjudicated down to. Wells are being adjudicated down to .7, .5, and .3 acre feet depending
date of well drilled and whether or not one signed up for Post 1982 Well Agreement. If you
believe your Historical Beneficial Use is more than your well has been adjudicated to, you can
protest that to the State Engineers office.
3. If you have not received a packet (all packets are generic), you can pick one up at the State
Engineers office. In this packet, there is an Objection to the Settlement Agreement Form and
Acceptance of Settlement Agreement form. The only form due by April 7th is the Objection to
the Settlement Agreement Form, but this is only if one decides to file an objection. On this
form, it has a signature for an attorney, one can file Pro Se and does not need an attorney (if
one chooses to file Pro Se, leave the signature of attorney blank). There will not be another
opportunity to file an objection once this date passes.
4. Important!! If you do not file your Acceptance of Settlement Agreement Form where one has
to make a choice on their domestic well election, you will be considered a non-responder and
the court will have to get a hold of you at a later date (State Engineer estimates a one to two
year period) to make this choice (election). Positives to making election now is one may be on
the first come first serve list for free hook up to their home from Regional Water System (RWS).
Positives to waiting may be having more information about the system. Currently, the Water
Master (State Engineer) has not finished nor has taken public comment on the Water Master
Rules and Regulations that will establish the rules and regulations in the basin. Another may be
that the Regional Water Authority (RWA) has not been established. The RWA will be established by Santa Fe County and the four Pueblos to own, operate, and maintain the Regional Water System. A Joint Powers Agreement (JPA) will be completed between Santa Fe County and the four Pueblos to do so. This document has been in negotiations for more than four years already without public comment. Please see attached document with notes on draft JPA. With these two documents incomplete, you are being asked to sign a contract without many important details being disclosed.
Some additional facts:
1. Many have asked about the cost of a water bill if they hook up to the system. This is highly
dependent on two things, the rate schedule that hasn’t been established yet and the amount
of usage. Santa Fe County believes it would look like their current rate schedule they use other
places. There has been about 300+ wells in the basin that have been monitored by the State
Engineers office for many years and their current usage is an average of 3/8 (.375) acre feet of
water per year. Please understand usage will vary hugely from household to household. Using
SF county rate schedule for usage of .375 acre feet, a monthly bill would be $87.83. Using City
of Santa Fe rate schedule for usage of .375 acre feet, a monthly bill would be $113.73 (a couple
assumptions made here because they charge different rates for four months). Obviously, these
are today’s dollars, people would probably not be hooked up for 6 or 7 more years.
2. If an individual who has a well does not make a choice on their domestic well election by the
last date offered (currently State Engineer estimates between a year and two years), this well
will be entered into the court as accepting the settlement agreement and agreeing to hook up
to Regional Water System. Whether the court accepts this entering is unknown. Because all
packets went out first class stamps instead of certified mail, it is likely many did not receive a
package. It is important that all your friends, neighbors, and family are notified (in case they
never received packet) so they can make their own decision rather than the court making that
decision for them. There is time right now (at least a year), but we must be diligent when the
deadline approaches.
3. If you believe you have friends, neighbors, and family that wish to file an objection. Please
notify them to pick up packet and file by April 7th.
The information above is to allow one to become better informed in making a decision and
recommendation of action items at this time. Most important, please pass this information to
friends, family and neighbors.
Friday, March 7, 2014
Please read this blog: (sent in from one of our concerned community members)
Text taken from the blog:
Early on, the Department of the Interior balked at the agreement, in part because it didn't like the federal share of the costs.
A U.S. Bureau of Reclamation report also found the costs of the proposed regional water system would be higher than estimated.
More than once, Domenici and Bingaman tried to get the legislation through.
Finally, in January, the U.S. House passed the version submitted by U.S. Rep. Ben Ray Lujan.
Then the Department of the Interior and federal Bureau of Reclamation Commissioner Michael Connor, a former Bingaman staffer, gave the settlement the thumbs up.
Bingaman said the key to congressional approval was piggybacking the Aamodt settlement and two other bills involving Indian water rights in New Mexico onto the Cobell appropriations legislation. The Cobell bill settles long-standing claims by Indian tribes of mismanaged Bureau of Indian Affairs trust funds.
Bingaman was presiding over the Senate floor in late October when his colleagues approved the massive bill, including the Aamodt settlement and $169 million for the water system.
When Namba's Mirabal learned the president was ready to sign the bill and make the Aamodt settlement law, he had tears in his eyes. "We wondered if we'd live to see it passed," he said recently.
"Now the really hard work starts," he added. "Everyone is going to want to have a hand in what this looks like."
Next dilemmas:
Challenges to the settlement are not over. Not long ago, one of the non-pueblo defendants filed a motion to dismiss the pueblos as plaintiffs in the case.
The Aamodt parties now have to hammer out final details and then see how many of the thousands of defendants named in the case will agree to the settlement.
Sunday, March 2, 2014
El RANCHO TAXPAYERS - ACTION REQUIRED!!!
ANY and ALL opposition to the proposed stipulation in the Jemez Mountain Electric Cooperative/Pueblo de San Ildefonso Electric Easement Agreement has to reach the PRC Hearing Examiner by tomorrow COB, Monday, March 3, 2014. Carolyn Glick will be the determining body that will make a recommendation to the PRC Commissioners on this case. This recommendation(s) is what they will vote on.
Please note, the PRC will not be voting on an easement amount more within fair market value. They will not be voting to reduce the $3,200/per acre value that future utilities will be based on in our area. They will only be voting on the cost recovery model used to pass the cost to our community, which is still unfair and unreasonable.
Why are these emails so important? The cost for this Easement Agreement has not been included in our electric bills! Please consider the amounts you are being charged already! Opposing will send the message that any cost recovery of such astronomical easement amounts has too big of an impact on our community, period!
House Bill 356 may have not made it to the House floor for a vote but the battle for fairness and a voice is still alive and well! The taxpayers who emailed Representatives showed the power in numbers. Please continue to show our Community's power by getting involved and sending the following email to Ms. Glick at carolyn.glick@state.nm.us;
Message:
Case # 13-00202-UT
I oppose the proposed stipulation in the Jemez Mountain Electric Cooperative/Pueblo de San Ildefonso advice notice.
Name/Signature
(TYPE YOUR NAME HERE)
___________________________________________________________
El Rancho Community Member
Please note, the PRC will not be voting on an easement amount more within fair market value. They will not be voting to reduce the $3,200/per acre value that future utilities will be based on in our area. They will only be voting on the cost recovery model used to pass the cost to our community, which is still unfair and unreasonable.
Why are these emails so important? The cost for this Easement Agreement has not been included in our electric bills! Please consider the amounts you are being charged already! Opposing will send the message that any cost recovery of such astronomical easement amounts has too big of an impact on our community, period!
House Bill 356 may have not made it to the House floor for a vote but the battle for fairness and a voice is still alive and well! The taxpayers who emailed Representatives showed the power in numbers. Please continue to show our Community's power by getting involved and sending the following email to Ms. Glick at carolyn.glick@state.nm.us;
Message:
Case # 13-00202-UT
I oppose the proposed stipulation in the Jemez Mountain Electric Cooperative/Pueblo de San Ildefonso advice notice.
Name/Signature
(TYPE YOUR NAME HERE)
___________________________________________________________
El Rancho Community Member
BUREAU OF INDIAN AFFAIRS. MISMANAGEMENT AND CORRUPTION USING OUR TAX DOLLARS.
In our community(s), the BIA is seen as the iron rod that defends the Native Americans and their sovereignty not only within their sovereign nation but also in dealing with States, Counties and neighboring communities. The Bureau of Indian Affairs is funded with our tax dollars and has been able to have as much "sovereignty" as the tribes themselves.
Please read the studies that have been conducted on the BIA. Our government continues wasting our tax dollars on a department that not only has a history of mismanagement, but has not downsized although tribes are becoming self-determined.
Complete study on the corruption and mismanagement of the BIA.
www.downsizinggovernment.org/interior/indian-lands-indian-subsidies
How the BIA manages Indian Affairs. Who manages who?
http://www.downsizinggovernment.org/interior/indian-lands-indian-subsidies#5
Is anybody holding the BIA accountable?
http://www.downsizinggovernment.org/1-million-waste-no-bathtubs
Please read the studies that have been conducted on the BIA. Our government continues wasting our tax dollars on a department that not only has a history of mismanagement, but has not downsized although tribes are becoming self-determined.
Complete study on the corruption and mismanagement of the BIA.
www.downsizinggovernment.org/interior/indian-lands-indian-subsidies
How the BIA manages Indian Affairs. Who manages who?
http://www.downsizinggovernment.org/interior/indian-lands-indian-subsidies#5
Is anybody holding the BIA accountable?
http://www.downsizinggovernment.org/1-million-waste-no-bathtubs
Subscribe to:
Posts (Atom)