Court of Appeals Rules: City of Albuquerque Diverting Water Illegally
On November 28, 2011, after four years of deliberation, the Court of Appeals released its decision on our lawsuit against the City of Albuquerque's diversion of native Rio Grande water. The court recognized the importance of the case and ruled in our favor. We filed the lawsuit in 2004.
To quote from the beginning of a 68 page decision:
"In this significant case, we hold that granting a permit based on an application to divert water, to which an applicant holds no appropriative right and affirmatively asserts no beneficial use of the water diverted, was unsupported by law. Accordingly, we reverse the district court and remand to the district court for further proceedings."
The City has been and is currently diverting water from the Rio Grande without a right. We have always contended that the diversion of Native Water in this situation is drying up the river, impacting downstream users, and adversely impacting New Mexico's delivery obligations under the Rio Grande Compact. Water attorneys in New Mexico have called this case one of the most important cases in the history of New Mexico water law. Unfortunately, because the Court of Appeals has remanded the case back to District Court, we are not finished – and all bets are that the case will end up in the NM Supreme Court.
Stay tuned…
Amigos Bravos Offers Clean Water Act Workshops
Amigos Bravos, in cooperation with the Southwest Rural Policy Network, is offering a series of Clean Water Act Workshops. Individuals and organizations in New Mexico, Arizona, and Southern Colorado interested in sponsoring a workshop in their communities can schedule a workshop by contacting us. For more information about the workshops click here.
Dirty Water Bill in Congress
In July, 2011, the House of Representatives passed HR 2018, one of the worst dirty water bills in recent history. The vote was 239-184. How the NM delegation voted: Representatives Heinrich and Lujan voted against the bill and for clean water; Representaive Pearce voted for the bill and for dirty water. For those who don't live in New Mexico go to: http://clerk.house.gov/evs/2011/roll573.xml to find out how your Representative voted. We need to urge the Senate to not take up a companion bill in the Senate. Please call your Senators to urge them to not take up this dirty water bill in the Senate!
The Clean Water for Cooperative Federalism Act of 2011 (HR 2018 ) or more accurately the “Dirty Water Act of 2011” would weaken the federal Clean Water Act and make our nation’s waters dirtier. Specifically, this bill would take away EPA’s ability to revise the state’s water quality standards when those water quality standards fail to protect water quality. In addition, the bill removes EPA’s authority to veto US Army Corp of Engineers' permits when those permits would result in water pollution. This veto authority is currently used sparingly, but it provides a crucial backstop to pollution when it is used. Call your Senators today and tell them to not support this dirty water bill!
New Mexico Senators:
Senator Tom Udall: 202-224-6621
Senator Jeff Bingaman: 202-224-5521
To support the work of Amigos Bravos please donate through our shop site: http://shop.amigosbravos.org/index.html
Historic Victory for Clean Water In New Mexico
Amigos Bravos has reached a historic Clean Water Act lawsuit settlement with Los Alamos National Laboratory (LANL). In 2003, Amigos Bravos began documenting LANL’s stormwater discharges, which we found to be laced with PCBs and other radioactive and toxic substances. In 2008, we joined with other groups in filing a Clean Water Act citizen lawsuit aimed at stopping LANL’s pollutants from reaching the Rio Grande. The settlement agreement willl stop discharges from over 400 of the most toxic dumpsites within five years!
For more information click here to see the press release or contact the office. Also you can download the Final Settlement Agreement and the EPA-issues stormwater NPDES Permit
Many of you have supported this work over many years...THANK YOU!...All of us at Amigos Bravos are deeply grateful.
New Mexico Supreme Court Recognizes Amigos Bravos’ Right to Defend New Mexico’s Waters
In two seperate cases, the New Mexico Supreme Court ruled that Amigos Bravos has a right to defend its interest in clean water.
The cases both involve industry attacks on new rules approved at the end of 2010: one setting greenhouse gas (GHG) emission limits – approved by the Environmental Improvement Board, and one designating rivers, streams, and wetlands located in U.S. Forest Service Wilderness Areas as “Outstanding National Resource Waters” (ONRWs). Amigos Bravos had been denied the right to intervene in the NM Court of Appeals on behalf of our interest in clean water. Not allowing public interest groups like Amigos Bravos to participate in court challenges would have left no one to defend clean air and water against industry interests because the Martinez Administration is bent on overturning the greenhouse gas rules and other environmental safeguards,
We are extremely pleased with the Supreme Court’s wise decision that gives citizens and the environment a voice in defending the air we breath and the water we drink. The decision is especially important in the current political climate that favors economic interests over human health.
Previously, in January 2011, the New Mexico Supreme Court gave Amigos Bravos an additional important victory in our efforts to hold Governor Martinez's administration accountable to the rule of law. Within hours of taking office, the Martinez administration illegally brought to a halt steps in process for establishing new safeguards that protect the air we breath and the water we drink. In quick and dynamic response, Amigos Bravos,and a coalition of groups, represented by the New Mexico Environmental Law Center, petitioned the Supreme Court to intervene. In its decision, the Court recognized abuse of basic separation of powers issues, and mandated that the new greenhouse gas and dairy rules be published in the state register immediately. Chief Justice Daniels expressed the Court's opinion that the constitutional issues regarding the separation of powers raised in Amigos Bravos vs. Martinez are of "great public importance." The Court will provide a written decision in order to clarify their ruling on the issues and provide future guidance.
For links to more information click on:
Founded in 1988, Amigos Bravos is a well-established nationally recognized state-wide river conservation organization guided by social justice principles and dedicated to preserving and restoring the ecological and cultural integrity of New Mexico’s rivers and watersheds. While rooted in science and the law, our work is inspired by the values and traditional knowledge of New Mexico’s diverse Hispanic and Native American land-based populations, with whom we work.
For the latest news on our efforts, please read about our projects, see our publications, and tune in to Radio Río, a monthly radio program dedicated to promoting stewardship and activism by building awareness and poviding the listener with the means to further river protection and to respond to water quality concerns impacting their communities.
Help preserve the legend! Join Amigos Bravos! Keep the ríos grand! Questions, comments, suggestions? Contact us: bravos@amigosbravos.org
|