Notes and Minutes from 2006 Congreso de las Acequias - Dec. 2, 2006
New Mexico Acequia Association (NMAA)
Juan I. Gonzales Agricultural Building, Taos, New Mexico
Morning Session – 9:00 –12:00 am
I. Call to Order - Antonio Medina, President, NMAA
Welcome - Paula Garcia, Executive Director, NMAA
Bennie Mondragon, Taos Valley Acequia Association (TVAA)
II. Recognition / Introduction of NMAA Concilio – Antonio Medina
III. Roll Call / Introduction of Regional Delegations – Paula Garcia
Each delegation summarized individual challenges and issues.
1.TVAA: 54 acequias, 7000 parciantes
2. Embudo Valley: 11 acequias, 350 parciantes, 700 acres, Fred Martinez, Farmer of the
Year
3. Valle de Mora: representing 36 of 70 acequias
4. Rio de Santa Cruz, Rio del Medio, Acequia de la Mesilla: 42 acequias, > parciantes.
Don Bustos, Farmer of the Year
5. Rio de Chama: 27 acequias (3 private, 24 community), 1000 parciantes
6. El Rito: 188 parciantes, 1300+ acres
7. Rio Poquaque: 18 acequias (about), approximately 1000 acres
8. Rio Vallecitos: Unable to attend
10. Acequia Nortenas: 17 acequias, 125 parciantes
11. Gallina/Capulin: Unable to attend
12. Las Nueve Acequias: 9 acequias, 700 parciantes
13. Jemez Basin Coalition of Acequias: 12 acequias, 1090 acres, 280 parciantes. Zia,
Santa Anna, and Jemez Pueblos with boundaries.
14. Rio Pecos: “Un fregal de acequias”, Facundo Valdez
15. South Valley: 4 acequias, 2000 acres, >500 parciantes, 180 members
16. La Joya, one acequia, 100 parciantes
17. Tularosa Community Ditch: 68 parciantes
18. Rio Hondo, Rio Ruidoso: 35 acequias
19. Questa / Cerro: 6 acequias, 300 parciantes / 4 acequias, 246 parciantes, 1877
irrigated acres.
IV. NMAA Staff Introductions & Special Thanks to Sponsors: the Taos Soil & Water
Conservation and Taos Valley Acequia Association, and Darren Cordova– Paula Garcia
V. NM Legislative Remarks:
 Senator Carlos Cisneros – Chair, Water & Natural Resources Committee
 Senator Phil Griego – Vice-Chair, Water & Natural Resources Committee
 Representative Roberto Gonzales
Paula gave special recognition and thanks to the NMAA Concilio, the NMAA Congreso,
the Cabecillas, Ben Lujan Public Policy Institute, the Sembrando Semillas Youth Project,
and certain distinct “friends” in the State Engineers Office.
Working Lunch 12:00 – 1:00
Sembrando Semillas Acequia Youth Project Video Presentations
Afternoon Session – 1:00 pm – 4:00 pm
VII. Acequia Hot Topics Panel:
Acequia / Domestic Water Working Group Recommendations – Mary Humphrey
Mary Humphrey, attorney discussed details and items regarding the State Engineer’s
promulgated regulations regarding domestic wells. She summarized legislation proposed
through the Acequia Domestic Water Working Group to address concerns with the
regulations. Legislation would specifically allow permitted domestic wells to be
transferred to community water systems and to specifically allow MDWCAs to lease
water rights as an alternative to purchasing water rights.
Eminent Domain – Janet Jarrett
Janet Jarrett provided particulars regarding the issue of eminent domain. She was
personally affected by this and has done considerable research on the topic of the US
Supreme Court Kelo Decision whereby the government has the power to condemn
property rights for economic development purposes. She indicated that the current
statues do not describe how property is valued and it is up to the condemnee to get
several appraisals to determine the value. More than 35 states have enacted policy in
response to the Kelo Decision. The Governor’s Eminent Domain Task Force is limited to
specific statues similar to Kelo type abuses. Rio Rancho, NM had 900 acres condemned
which were then made available to a private developer. The recommendation is for the
removal of the Metropolitan Re-Development Act which allows for the condemnation of
land for annexation. The condemnation can reach for miles outside of communities. In
New Mexico, water rights are a private property and all reservoirs, streams, etc. are in
jeopardy. The State can condemn any water rights and the State’s Department of Finance
determines the “greater public need”. Therefore, municipal powers can condemn water
rights for economic development. The Task Force recommendations did not include
water rights. Ms. Jarrett agreed to share copies of her presentation. She encouraged the
acequias to form strong coalitions with the Farm Bureau and Environmental groups. The
preference is to limit real limitations on eminent domain statues regardless of who is
condemning. She further indicated that the county cannot protect acequias from any
City’s condemnation. Ms. Jarratt’s presentation will be published in January NMAA
newsletter.
Food Sovereignty – Miguel Santistevan and Louie Hena, Tesuque Pueblo
NMAA and the Traditional Native American Farmers’ Association passed the Seed
Sovereignty Declaration in March of 2006 to protect native seeds from genetic
contamination. The Eight Northern Indian Pueblos Council, the All Indian Pueblo
Council, and the National Congress of American Indians support the Food and Seed
Declaration. Genetically engineered foods are a brand new threat. Louie called for a
new movement, “La Mano Verde,” which promotes planting food as the offensive to
combat the erosion of the acequia and indigenous agricultural heritage and culture.
Easement Issue – Stephen Trujillo, TVAA, Harold Trujillo, NMAA Vice-President
The easement issue has escalated over spring-cleaning and rights of way over the last 2-3
years resulting in physical and verbal attacks on those cleaning acequias. These
individuals have been accused of encroaching and trespassing on private property. Law
enforcement and local area realtor’s association need to be educated on rights of way and
easements regarding spring cleaning and year round acequia access. Steve Trujillo
advocates: 1) engaging local media to advise all regarding what can and cannot be done
regarding acequias; 2) working with the District Attorneys to educate law enforcement;
3) updating all acequia By-Laws to ensure that easement language is on record if, in fact,
an acequia is taken to court; 4) educating realtor associations to inform new landowners
during property sales, to disclose the presence of acequias, to ensure that property
surveys identify acequia easements, and to ensure that realtors work with acequias before
approval and permitting processes are completed in the sale transaction. Harold Trujillo
passed out a document prepared by NM Legal Aid entitled “What are my Easement
Rights?”
VIII.
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NMAA Annual Report – Paula Garcia
Annual Report required by NMAA By-Laws
NMAA comprised of 13 Regional Associations and 11 Regions Organizing
There are 500 acequias that serve about 25,000 families
Projection: 30%-60% of agricultural land could be converted to development
NMAA has three programs to address issues: Governance, Food, Youth
Motion made and carried to approve the Annual Report as presented.
IX. Resolutions – Paula Garcia presented resolutions recommended by the Concilio for
adoption by the Congreso (attached). The approval began with the Agua es Vida
Declaration which was read by Juanita Garcia. Resolutions in Groups 1-3 were motioned
and passed. After some discussion, the resolutions in Group 4 were motioned and passed
as the Congreso after some discussion.
Group 1: Concilio Approved, Congreso Affirmation
2006-01. Seed Sovereignty Declaration (Concilio approved 3/21/2006)
2006-02. Position on Domestic Well Regulations (Concilio approved 4/17/2006)
2006-03. Preventing Violence on Acequias (Concilio approved 5/11/2006)
Group 2:
2006 05. Acequia Easements Education
2006.06. Acequias as Cultural Patrimony
2006-07. Restoring Clean Water in Acequias and Rivers
2006-08. NM Food and Seed Sovereignty Alliance
Group 3:
2006-09. Acequia-Domestic Water Legislation
2006-10. Eminent Domain
2006-11. Acequia Governance Funding
2006.12. Acequia Agriculture Funding
2006.13. Acequia and Community Ditch Fund
2006-14. Acequia Infrastructure Funding
Group 4:
2006-15. Land, Wildlife, Clean Energy Fund
2006-16. Climate Change Policy Recommendations
2006-17. Public Welfare Determination by State Engineer
Note: 2006-06 was approved but drew concerns about whether recognition by UNESCO
would be helpful to acequias. It was determined the process should be entirely voluntary
and should be respectful of the autonomy of local acequias. 2006-17 was approved but
drew comments regarding the risks of public welfare being decided in a way not
consistent with acequia values. It was determined that for this law to be effective, local
governments such as acequias need to have public welfare statements.
Additional Resolutions from the Floor (2)
These two (one from a parciante and one from Tularosa Community Ditch) were referred
to the Concilio for further study.
X. Elections – 3 Positions on the Concilio were announced as vacant. There were four
nominations. The slate was presented by Facundo Valdez. The delegation voted with the
following selected for the Concilio with the top three filling the vacant positions:
Jackie Powell: 26 votes
Medardo Sanchez: 24 votes
Gilbert Sandoval: 20 votes
Fidel Trujillo: 16 votes
XI. Meeting adjourned at 4:00 pm.