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Legislature looks to address ramifications of Sackett decision – NM Political Report

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Legislature looks to address ramifications of Sackett decision – NM Political Report


Legislation that would help protect waters in New Mexico after a U.S. Supreme Court hearing last year removed federal protections advanced on Thursday. Last year, the U.S. Supreme Court issued a ruling in the Sackett v. U.S. Environmental Protection Agency case that officials say place many waters in New Mexico at risk. The ruling resulted […]

Legislation that would help protect waters in New Mexico after a U.S. Supreme Court hearing last year removed federal protections advanced on Thursday.

Last year, the U.S. Supreme Court issued a ruling in the Sackett v. U.S. Environmental Protection Agency case that officials say place many waters in New Mexico at risk. The ruling resulted in a loss of protection for most ephemeral waterways.

Now the legislature is considering a bill that would address some of those concerns.

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SB 111 passed the Senate Conservation Committee on a 5-3 vote.

The legislation would appropriate $840,000 to the New Mexico Environment Department for additional monitoring and enforcement of existing regulations and also for mapping efforts that will help understand how the Supreme Court decision may impact water in New Mexico.

Rachel Conn with Amigos Bravos said the funding is necessary to support interim protections and said “our waters are at risk now.”

“This special appropriation would give the agency the resources to be able to monitor the impacts from the Sackett decision and to implement existing regulations in the near term,” she said.

She said the Sackett decision left much of New Mexico’s waterways without federal protections.

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Conn said that while the New Mexico Water Quality Act gives the state the authority to regulate discharges of pollutants into waterways, the state currently only has a permitting program for groundwater. It is, however, in the process of developing a permitting program for discharges into surface waters.

But the allocation of $840,000 to help NMED protect waters in the state is not without opposition, including from agriculture groups like the New Mexico Farm and Livestock Bureau and the New Mexico Cattle Growers Association.

Abby O’Connor, a Stanley resident, spoke on behalf of the cattlegrowers.

“New Mexico farmers and ranchers provide our state and nation in the world with healthy, wholesome and nutritious products,” she said. “We rely on food and water for our families, our livestock and the wildlife that we support. Sustaining and enhancing our waters in the land is a commitment the agriculture producers take seriously. We simply have no choice.”

But she argued that the agricultural producers are faced with burdensome regulations and said they are already “overwhelmed with regulation, permits, paperwork, and remote bureaucrats who don’t understand that we often work multiple jobs from daylight to dusk, not just the nine to five.”

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She argued that the legislation would create more bureaucracy and more burdensome regulations.

Meanwhile, the New Mexico Acequia Commission supports the legislation. Ralph Vigil, a farmer and chairman of the acequia commission, spoke about the continued acid drainage from mines in the Pecos River watershed that impacts both surface and groundwater quality. He said that while the mining occurred nearly a century ago, it still impacts people.

“This uncertainty from the Sackett decision leaves our communities at risk for contamination of water. And I’m just concerned about what can come out of this, for the future of our children and the quality of water that they will inherit from us,” he said.

Also on Thursday, the House Agriculture, Acequias and Water Resources Committee discussed two bills related to water and passed one of those two bills.

The first, HB 201, provides an extra $150 million to address water projects in New Mexico. According to the fiscal impact report, this would help bridge an approximate $161 million funding gap.

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“If this is the year that we’re going to have a $10.8 billion budget, it’s probably the time to get started on these water projects that have been vetted, approved. They’re shovel ready. They’re ready to go. And so that’s what this bill is really about,” said bill sponsor Rep. Susan Herrera, D-Embudo.

The committee also discussed HB 211, Water Project Prioritization, however the members chose to delay the vote on that legislation for a future meeting.



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New Mexico

Nina Otero-Warren: A powerful voice for New Mexico women, children and education

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Nina Otero-Warren: A powerful voice for New Mexico women, children and education


Consuelo Bergere Kenney Althouse received an unexpected phone call in March 2021.

The voice on the other end of the line was an attorney from the U.S. Department of the Treasury seeking permission to decorate millions of commemorative quarters with the face of Althouse’s distant relative, Adelina “Nina” Otero-Warren.

To Althouse, Otero-Warren was one among a “mantle of tías” — a looming but loving group of women with shiny shoes, tight buns and high expectations — in Althouse’s large Santa Fe family. Althouse had grown up visiting Las Dos, Otero-Warren’s homestead in the hills north of Santa Fe, for family celebrations. 

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Behind the scenes of the Bernalillo County Metropolitan Court

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Behind the scenes of the Bernalillo County Metropolitan Court


ALBUQUERQUE, N.M. — The Metropolitan Court of Bernalillo County had another packed docket Saturday morning.

 “We are the busiest courthouse in the state. We see more than every other courthouse does, from the traffic tickets to the misdemeanor cases and the initial felony cases that are filed here,” said Metropolitan Court Chief Judge Joshua Sanchez.

Sanchez says the court oversees about 100 cases a day and Saturday New Mexico’s top judge, Chief Justice David Thomson of the New Mexico Supreme Court, got a firsthand look at the court’s caseload.

Sanchez says he welcomes the visit.

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“We go to these statewide meetings, and they hear about how things happen. But until you actually kind of sit there with another judge and see what happens, it’s kind of eye-opening to see the kind of controlled chaos that we have on a Saturday morning,” he said about the visit.

He adds their biggest challenge at Metro Court is the case load.

Thomson says he plans to visit courts statewide to see these challenges for himself.

“I think it’s a good idea just to come down and see it. And what you see, if you watch these, is you see all the interactions between what we face, just not as a court system, as a society, right?” said Sanchez.

Just from one morning sitting in on court proceedings, he said it’s clear mental health plays a huge part in a lot of the cases metro court hears.

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“If there are questions of competency, we can catch those questions here, rather when they get transferred to felony court, that’s one, can they be assessed early on,” Thomson said.

He also noticed a lot of repeat offenders.

“I think it’s very helpful to see it firsthand. On a few of these individuals. I’ve actually asked to look at some of the criminal history, so I have an understanding of the particulars,” said Thomson.

Sanchez said he hopes for more visits like this in the future.

“It’s just nice to give some real perspective and validates, I think, a lot of the things that we do communicate to AOC and the Supreme Court and things that we’re seeing,” said Thomson.

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New Mexico

‘Georgia O’Keeffe: The Brightness of Light’ documentary illuminates the artist’s NM connection

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‘Georgia O’Keeffe: The Brightness of Light’ documentary illuminates the artist’s NM connection


New York brought Georgia O’Keeffe fame. New Mexico brought her freedom. Among the multiple documentaries created about her, none have given the iconic artist the full biographical treatment, complete with massive research, the artist’s letters and the cooperation of her namesake museum.



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