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Northern NM fire victims will be spared additional taxes under provision approved by Legislature • Source New Mexico

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Northern NM fire victims will be spared additional taxes under provision approved by Legislature • Source New Mexico


Those who hired lawyers to help them get compensation for losses to the biggest wildfire in state history won’t have to worry about additional taxes on legal services if Gov. Michelle Lujan Grisham signs the tax package sent to her by lawmakers last month. 

But at least one elected official in the burn scar and a municipal advocacy group oppose the measure, saying it will deprive local governments that are also struggling after the Hermits Peak-Calf Canyon Fire of sorely-needed tax dollars. And the legislation’s sponsor ultimately withdrew his support in fear of how the measure could harm those small governments.

The tax measure approved by the Legislature gives tax credits to law firms for gross receipts taxes, which are basically sales taxes, on services they provide to victims of the fire. Law firms can only get the tax credit if they don’t pass the taxes onto fire survivors in their bill for services. 

Lujan Grisham has until March 6 to sign the tax bill into law. 

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After the U.S. Forest Service accidentally ignited the 530-square-mile wildfire in spring of 2022, destroying hundreds of homes, local and national law firms arrived and began soliciting clients. Congress in late 2022 approved nearly $4 billion to compensate victims of the fire. In the same law, Congress capped payments to law firms at 20% of compensation they secure on behalf of clients.

 

They lost everything in New Mexico’s biggest wildfire. Now they’re sounding the alarm for others.

Those legal services, like all goods and services in the state, are taxed by states and localities. The gross receipts taxes on legal services for Hermits Peak-Calf Canyon survivors are estimated to be about 7%, split among the state, counties and towns. 

A $100,000 payment to a fire victim who hired a lawyer, for example, would mean $20,000 would go to lawyers, and then there would be an additional $1,400 in taxes on that payment levied on the fire victim without the legislation.

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State senator Leo Jaramillo (D-Española) sponsored the legislation this session and said getting rid of the tax on survivors would let them keep more of the money they’re owed. Local law firms and advocates for fire victims spoke in favor of the proposal. 

But as the bill wound through committee and ended up in the overall tax package, Jaramillo grew increasingly concerned about the impact it would have on local governments, he told fellow lawmakers. He mentioned there could be a substitute bill that would have “held harmless” local governments like the City of Las Vegas and Mora County, but it was never introduced. 

Administratively, it would be “extremely difficult” for the New Mexico Taxation and Revenue Department to apply the tax credit for law firms only on the state’s portion of the credit, while still sending the revenue to local governments, department spokesperson Charlie Moore told Source New Mexico

When the New Mexico Senate deliberated an 88-page tax package that included the provision, Jaramillo ultimately voted against it, saying that he was withdrawing support because local governments would be harmed. 

A car promoting Mora County Commissioner Veronica Serna is parked outside the polling site at the Ledoux Volunteer Fire Station during the 2022 election. (Photo by Patrick Lohmann / Source NM)

Still, the Senate approved the tax reforms Feb. 12 by a vote of 26-13, and the legislation was sent to the governor for her signature. Jaramillo has not responded to repeated requests for comment since that vote.

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While the 30-day session was ongoing, the three-member Mora County Commission voted 2-1 on a resolution supporting the bill, saying that the Commission believes landowners and residents “should not be penalized, through the imposition of gross receipts tax, for having elected to be represented by legal counsel.”

The Feb. 9 resolution also said “it is understood” that a substitute bill would allow local governments like Mora County to continue to collect their portion of the taxes, although that ended up not being the case.

Mora County Commissioner Veronica Serna was the lone vote against the resolution. She noted that the gross receipts tax is imposed on law firms, not their clients, and so Mora County could still collect the taxes it needs if law firms simply paid the tax instead of passing it on. 

“So the vendor should be paying that tax if they really want to help the claimant, not expect the state of New Mexico or any of the counties to take it,” Serna said in an interview. “Because the State of New Mexico and Mora and San Miguel Counties, we’re victims as well.”

In response, Brian Colón, a lawyer with law firm Singleton Schreiber and former state auditor, told Source NM that the law Congress passed means law firms like his are already receiving less than their usual 33% cut, and that the legislation is an effective way to prevent fire victims from having to pay additional taxes on the funds they deserve. 

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In the scar of New Mexico’s largest wildfire, a legal battle is brewing over the cost of suffering

“I’m very pleased that the legislature decided that those individuals who opted to hire attorneys will not have a gross receipts tax implication on that transaction,” he said. “And that makes me very happy. It’s the right outcome.”

It’s not clear how much of an impact the wildfire and subsequent floods had on Mora County’s tax revenues, according to online records. In the fiscal year leading up to the fires, the county received $317,000 in gross receipts tax revenues, comprising 11% of its $2.9 million budget. 

It’s also hard to estimate how much in taxes the county could make from legal services provided to fire victims, Serna said. 

A legislative analysis on the tax bill, while noting how difficult making a calculation would be, guessed that the state could give up between $7 million and $12.5 million in tax revenues in the upcoming fiscal year if the provision becomes law. The bill limits the amount in credits given to law firms to $5 million every year, a cap Colón said firms were very unlikely to hit. 

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The New Mexico Municipal League also weighed in against the provision, saying that “revenue loss could be especially detrimental to municipalities in fire affected areas, which may need to provide additional services to residents impacted by the fires.”

The Federal Emergency Management Agency is overseeing the compensation fund. As of Feb. 14, it had paid $391 million to individuals, government bodies and nonprofits, or about 10% of the total allocated by Congress. FEMA officials have said they hope to pay out $1 billion by Jan. 1, 2025.



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New Mexico

When is the best time to visit New Mexico?

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When is the best time to visit New Mexico?


New Mexico is famous for its deserts, mesas, soaring plateaus and peculiarly shaped hoodoos, but don’t expect searing temperatures in every corner of the state. Many people don’t realize that four-fifths of the 47th state sits above 4000ft (1200m), rising to a breathless 13,000ft (4013m) at the summit of Wheeler Peak.

With this raised elevation comes cooler temperatures, so there’s always somewhere to escape the heat in the scorching summer months. Even when it’s too hot to roam out in the lowlands, the verdant pine forests in the hills are deliciously cool, and it gets cold enough to ski in winter.

In fact, it’s quite possible to experience four seasons in one day in New Mexico, depending on where you find yourself in the state. Average temperatures can be misleading; summer highs can soar to 120°F (48°C) but winter lows can plummet to −50°F (−46°C).

If you plan on traveling around the state, embrace New Mexico’s diverse climate and pack for all eventualities. Bring shorts and a sun hat, rain gear, and warm layers (fleeces, base layers), in case the temperature dips.

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Whether you’re here for desert adventures or winter skiing, here are the best times to visit New Mexico.

Summers can be baking hot in the lowlands, but cool enough for hiking in the hills. Brian Scantlebury/Shutterstock

June to September is the time for festivals, high-altitude hiking and star gazing

The peak season months from June to September see the biggest crowds, and the highest prices for accommodation, but this is by far the best time to experience New Mexico’s vibrant festivals. A mass celebration of food and music takes place at the Santa Fe Railyard during the International Folk Art Market in July, and the city’s Wine & Chile Fiesta sees more than 60 restaurants and 90 wineries show off their best food and drink for five days in September. The New Mexico State Fair in Albuquerque and the White Sands Balloon and Music Festival near Alamogordo also draw crowds in September. 

Be sure to fuel your summer adventures with some of the local chiles. Green chile is part of New Mexico’s identity, slathered on everything from burgers and burritos to pizzas and even ice cream. Fall is the harvesting and roasting season and there’s no better place to try this spicy delicacy than the small town of Hatch, the capital of chile production in the state. The Hatch Chile Festival takes place in late August or early September, with punchy chile loaded into every dish and treat.

The Milky Way galaxy over Fajada Mesa at Chaco Canyon, New Mexico.
With clear skies and minimal light pollution, New Mexico is perfect for stargazing. Eric Lowenbach/Getty Images

Although some areas are scorching hot in the middle of the day, particularly at lower elevations, nights are perfect for camping and stargazing, with clear skies and mild temperatures from dusk through till morning. The Cosmic Campground off US Route 180 is a designated International Dark Sky Sanctuary, with the Milky Way visible almost every night.

Fort Union National Monument is another Dark Sky Preserve – great for evening walks and night sky talks. Star parties are also held at the base of the cinder cone at Capulin Volcano National Monument from April to September, with park rangers pointing out stars and constellations and explaining more about what lies beyond our solar system.

Don’t miss the opportunity to jump in the Santa Rosa Blue Hole during the summer months. Around 24m deep, this stunning natural pool, formed up to 300,000 years ago by erosion, is an unexpected dive site, with visibility up to 100ft in cool, clear waters that hover at around 62°F (17°C) year-round. Water surges into the chasm at high pressure from underground aquifers, renewing the water in the pool every six hours.

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A ski lift climbs to snow-covered mountain tops above Santa Fe, New Mexico.
Winter sees temperatures plummet, as powdery snow accumulates across the higher ground in New Mexico. Shutterstock

Winter is best for skiing and desert hiking

Winter is the best time for an off-season bargain when it comes to flights and accommodation costs, but that’s not the only lure. Skiing is possible close to all of New Mexico’s biggest cities from December to late February.

Beginners and intermediate skiiers love the slopes of the Sandia Peak Ski Area near Albuquerque, while the retro vibe of Taos Ski Valley attracts a serious ski crowd with out-of-this-world powder (300in of snow can fall in an average year).

The smaller Ski Santa Fe area attracts both families and experts, with a base elevation of 10,350ft and tons of powder between the aspen trees. Smaller resorts include Angel Fire, with mostly green and blue runs, and the Pajarito Mountain Ski Area, which offers a unique opportunity to ski down the side of a volcano.

The cooler weather also makes hiking a joy at lower elevations. Non-skiers can walk all day on the shifting sand dunes at White Sands National Park. Many travelers visit in summer and find it’s way too hot to hit the trails, but during the winter months, temperatures are mild, and there are no crowds.

Welcome to Roswell sign with animals beaming into a flying saucer, in New Mexico.
Winter is a great time to visit New Mexico’s museums, devoted to space, UFOs and more. Steve Lagreca/Shutterstock

Nearby, the 32-mile-long Carlsbad Caverns are another superb place to spend a winter’s day. The area has a semi-arid climate and inside the cavern, the temperature is about 56ºF (13ºC) year-round, so it doesn’t matter when you visit to admire skyscraper-sized stalactites and stalagmites hidden 1000ft (313m) below the ground.

Museum-hopping is another great winter activity in New Mexico. The state is famous for its reputed UFO encounters, space exploration and indigenous cultures, and there are museums covering all of these themes. Head over to Roswell for detailed accounts of unexplained encounters at the International UFO Museum & Research Center. 

Alternatively, if you prefer science fact to science fiction, visit the New Mexico Museum of Space History near Alamogordo to learn about the birthplace of America’s space program. You can see how astronauts live and work in space and view the largest rocket ever launched from New Mexico. For something even more trippy, visit Meow Wolf, an immersive, multimedia experience in Santa Fe, where visitors are catapulted into kaleidoscopic fantasy realms.

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Historic adobe dwellings in the UNESCO World Heritage-listed Taos Pueblo in New Mexico.
The mild shoulder seasons in spring and fall are great times to explore New Mexico’s ancient Pueblo communities. Nick Fox/Shutterstock

The shoulder seasons are the best time to visit Native American pueblos

The two shoulder seasons, from March to April and October to November, see fewer crowds across the state. This is the best time of year to delve into New Mexico’s rich Indigenous history. Kick off by viewing thousands of Native American petroglyphs at Petroglyph National Monument near Albuquerque. 

It’s also worth checking out the numerous ancient cave dwellings in the state, including those at Bandelier National Monument, with structures constructed between 1150 BCE and 1600. It’s possible to climb in and out of some of the caverns and there are original kivas (large, circular underground rooms) to explore.

Visitors can also tour the state’s fascinating pueblos, a term that the Spanish used to describe the villages of the varied Indigenous communities they encountered along the Rio Grande in the 16th century. Zuni Pueblo is a fascinating example of a thriving modern pueblo community; local guides offer tours exploring the settlement’s history and migration story.

Alternatively, visit the Acoma Pueblo – also known as Sky City – which sits atop a 330ft-tall mesa. Visitors can tour the adobe structures in the village and learn more about the people living here today. Held near Albuquerque in April, the Gathering of Nations festival attracts members of more than 500 tribal communities from all over America, and all visitors are welcome to join in this celebration of tribal music, dancing and crafts.



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APD lists priorities for upcoming legislative session

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APD lists priorities for upcoming legislative session


Tackling it is a top priority for Albuquerque leaders as lawmakers head back to our Roundhouse in January.

ALBUQUERQUE, N.M. – Street racing has been a deadly and destructive problem in the metro for decades. Tackling it is a top priority for Albuquerque leaders as lawmakers head back to our Roundhouse in January.

On Tuesday, city leaders met at Eubank and Southern, a well-known area for street racing, and laid out their 2025 legislative priorities.

“Most of our crime categories are slightly down, that is a good thing. But they are down from an all-time high so we have a long way to go,” said Albuquerque Mayor Tim Keller.

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Albuquerque Police Chief Harold Medina said the department’s traffic division gives out hundreds of citations a week for people racing, but it is still a big issue.

They want lawmakers to increase penalties for reckless driving, so they carry as much weight as homicide charges.

“We have limitations on our reckless driving and how we can charge an individual. Right now, as the charge stands, an individual who is involved in drag racing and is purposely doing that drag racing and injures or kills an individual, that person is open to manslaughter at the most,” said Medina.

He also said the department is asking lawmakers to crack down on felons caught with firearms.

“How many times have I stood in front of the media and talked about the fact that I would rather have a case prosecuted federally with their limited resources because their laws have teeth as opposed to the state of New Mexico for a felon in possession of a firearm,” said Medina.

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Lastly, they asked for some changes with who investigates shootings by Albuquerque Police officers and think a statewide task force aside from law enforcement is the answer.

“One that is independent of every police chief, one that is independent of every county sheriff. One that the public can have great trust in that there is going to be a fair, impartial investigation,” said Medina.



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New Mexico representatives call on House to move forward on 6 tribal water rights settlements • Source New Mexico

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New Mexico representatives call on House to move forward on 6 tribal water rights settlements • Source New Mexico


New Mexico’s three congressional representatives urged leaders of both parties in the U.S. House of Representatives to act before the end of the year on six tribal water rights settlements that have stretched on in some cases for decades.

The settlements propose $3.7 billion in federal money to develop drinking water systems, restore habitats and traditional farming practices and establish collaborative management of the water, as tribes give up valuable older water rights across four New Mexico river basins.

“The settlements provide water infrastructure projects for Tribal communities in exchange for their agreement to forgo aspects of their priority water claims, which benefits non-Tribal communities dependent on scarce water resources during times of shortage,” Democratic Reps. Melanie Stansbury, Gabe Vasquez and Teresa Leger Fernández said in a letter dated Tuesday.

The deals, which have required years and sometimes decades of costly negotiations, would settle tribal rights for the rios San José, Jemez, Chama and the Zuni River. Additional bills would correct technical errors in previous settlements and add time and money to the Navajo-Gallup water project.

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Details on the U.S. House proposals to resolve tribal water rights settlements in NM

As part of the settlements, New Mexico agreed to pay between $190 million to $234 million in state funding for some of the local projects for neighboring acequias, water infrastructure for counties and cities.

But some advocates are worried New Mexico lawmakers aren’t preparing enough to pay in full in the upcoming session.

In 2024, the New Mexico Legislature allocated $20 million for the settlements, and the office of the state engineer is requesting another $40.5 million in the 2025 session.

If granted, the state would still be tens of millions of dollars short of the full amount, said Nina Carranco, with the nonprofit Water Foundation.

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Tribes, Pueblos and Native American nations have some of the oldest priority rights in water administration, Carranco said, and understanding how much water is allocated allows for better decision-making.

“Tribal water settlements are a key component to addressing the water crisis in New Mexico,” she said. “These settlements not only honor the seniority of tribal water rights, but also provide certainty for other water users in the system.”

She said it was a possibility that one or more of the settlements could be ratified during the lame-duck period before January swearing in of a new Congress.

If all the measures pass, the state will need to eventually pay, Carranco said.

“We can keep waiting, but if we’re going to honor tribal water rights, if we’re going to actually get this money into our communities the way the state has negotiated for a long time with these partners, we’re going to need the $200 million,” she said in a press call Monday.

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