New Mexico
Protecting the Rivers of New Mexico
New Mexico’s rivers were recently named most endangered rivers in the country, but Audubon Southwest is working with partners to help improve the health and water in our rivers.
The national non-governmental organization American Rivers has been listing endangered rivers annually for years in a way to highlight priority actions needed to address the health of our nation’s most imperiled rivers. New Mexico rivers have been highlighted in recent years including the Rio Gallinas (2023), Pecos River (2021) and Gila River (2019, 2014). This year New Mexico holds the number one spot, and it’s not just for a single river, rather all our rivers. This is the first time American Rivers has listed an entire state’s rivers as being “most endangered,” and it highlights the vulnerability of our rivers to pollution and dewatering as the result of the May 2023 U.S. Supreme Court opinion in the case of Sackett v. Environmental Protection Agency.
Sackett v. Environmental Protection Agency
The “Sackett” case reintroduced the question of what constitutes protected “waters of the U.S.,” defining these as “a relatively permanent body of water connected to traditional interstate navigable waters.” This definition leaves desert streams and wetlands vulnerable.
Audubon Southwest partnerships to protect the rivers
A number one spot in the American River’s endangered rivers list is a wakeup call for our rivers. Through our partnerships with other non-profits such as Amigos Bravos, we advocate for the development of a state-base surface water-quality permitting program that would help buffer the protection of our streams from pollution and dewatering that will result from lax federal standards.
Audubon Southwest is focused on activities that improve the health and water in our rivers—an activity that was direly needed even before the recent Sackett ruling. We focus on both policy initiatives and on-the-ground projects to protect our beautiful yet vulnerable rivers. For example, we have been defining and protecting the water needs of the Rio Grande in New Mexico along with a collective of other environmental non-governmental organizations in support of the Rio Grande Basin Study in New Mexico (Basin Study). A scientifically defensible framework for defining and protecting environmental flow targets in the Rio Grande of New Mexico is long overdue. Aridification (less precipitation) is increasing across the American West, exacerbating existing water management challenges, and increasing conflict among competing water uses as water availability diminishes. The Basin Study was initiated on January 24, 2023.
The Basin Study is a WaterSMART-funded initiative led by the U.S. Bureau of Reclamation and the Middle Rio Grande Conservancy District, with the participation of more than 36 signatories representing multiple sectors and areas of expertise. The Basin Study aims to develop management resiliency strategies for the Rio Grande in New Mexico under climate warming scenarios. As part of this effort, water-use “sectors” are quantifying water needs that will be placed into tradeoff models and tools. The non-governmental organizations (NGO) Sectoral Committee of the Basin Study, co-led by Audubon Southwest and New Mexico Wild, is comprised of 12 national, regional, and statewide environmental organizations as well as associated partners. The NGO Sectoral Committee is embracing this opportunity to quantify environmental flow needs and associated feasible targets for the Rio Grande in New Mexico.
Through this NGO collective, we are defining how much water the Rio Grande needs in six reaches of Rio Grande and Rio Chama in New Mexico. These flow targets are being compared against current conditions and future predicted conditions to understand how much water is needed in each reach and when this water is needed most.
The understanding of these “environmental flow deficits” is being used to compile tested strategies and develop new strategies to keep our Rio Grande Through the engagement of our NGO partners, we have collectively developed a network of informed and ready-to-fix-it environmental flow practitioners. Many of these groups are directly engaged with on-the-ground activities that are improving river flows as you read this. This network is paired with a similar coalition that is focused on policy fixes to improve the stream flow of our rivers.
In the face of grim climate predictions and unfavorable court rulings, our New Mexican river-protector community has never been so engaged with finding on-the-ground solutions as well as policy fixes. It is through these deep-reaching partnerships that I hold hope for the future of New Mexico’s rivers.
New Mexico
New Mexico sues Kalshi over allegedly allowing unlawful sports betting
SANTA FE, N.M. — The New Mexico Department of Justice is now suing online prediction market platform, Kalshi, after four of the state’s tribes sued the platform in May.
The NMDOJ, led by state Attorney General Raul Torrez, is alleging Kalshi unlawfully offers online sports betting in the state by allowing people to place wagers on sporting events on its online platform.
In New Mexico, sports betting is legal but is limited to in-person wagering at tribal casinos. The NMDOJ cited this framework as the basis for suing Kalshi, accusing the platform of trying to skirt state gaming laws and regulations.
“New Mexico has a longstanding and carefully balanced system for regulating gaming that protects consumers, ensures accountability and respects tribal sovereignty,” Torrez said. “The only lawful gaming in New Mexico operates either under tribal-state gaming compacts or under strict state regulations to ensure honest gaming free from corruption and licenses gaming operators only after they explain how they plan to address compulsive gambling. Kalshi has ignored that framework entirely while offering online sports betting within the state.
“We are filing this lawsuit to protect the integrity of our laws, our regulatory system and, most importantly, consumers.”
The NMDOJ accused Kalshi of using “event contracts” to effectively make online sports betting happen in the state. They alleged these contracts function in the same way as traditional sports bets and operate in the state without any gaming license.
NMDOJ also pointed out Kalshi operates with a minimum betting age of 18 years old, three years younger than the minimum age at the state’s tribal casinos.
In May, the Sandia, Isleta and Pojoaque Pueblos and the Mescalero Apache Tribe filed their own lawsuit, pointing out the minimum age and alleging people are using it on their lands in violation of their exclusive rights to offer betting services.
In its lawsuit, NMDOJ is looking to halt Kalshi’s operations in New Mexico and prevent the company from continuing to offer sports-related wagering through its platform.
KOB has yet to receive a statement from Kalshi on either lawsuit.
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New Mexico
South Valley business estimates $1M in damages after recycling plant fire
ALBUQUERQUE, N.M. – A local business owner estimates he suffered about $1 million in damages as the result of yet another fire at a South Valley recycling plant.
Town Recycling on Broadway Blvd. SE has witnessed two fires in a span of less than two weeks with the first happening May 23rd and the second occurring Tuesday of this week.
Khalil Samaha, who owns Samcar, Inc. and Cedar’s Construction next door, says his businesses escaped without serious damage from the first fire, but the second one led to the loss of his main building, inventory he sells including trucks, construction equipment, computers, records, and much more.
“It’s a total mess. Everything is on the ground with water and insulation. It’s a total loss,” he said.
He gave KOB 4 a tour of his damaged property Wednesday and says that county officials have condemned the main office and won’t let him back inside.
“You can see all the glass is popped,” he said pointing to the windows. “I don’t know if the firefighters broke them or they exploded.”
A spokesperson for Bernalillo County Fire and Rescue issued a statement saying that, based on witness accounts, both fires may have started in a “bale of cardboard” at the recycling facility.
As of Wednesday evening, Broadway between Prosperity and Rio Bravo remained closed.
Samaha says firefighters attempted to battle the second fire from a different area than the first and the wind may have made conditions tougher.
“This time, the wind didn’t help,” he said. “So, it was blowing in my direction and took the building and some equipment in the back.”
Having seen two fires at the neighboring recycling facility in a span of about 11 days, he wonders if this will finally be the end of it.
“I hope it’s the last time. But, worried? Yes, we are worried,” he said. “We are close to them, and the materials are close to the fence. We share the fence together, so it’s always in the back of your mind.”
And now he lives with the memory of how quickly everything can change – just like it did earlier this week.
“It was very quick. From the smoke to the flame to the fire, it was very, very quick.”
A representative of Town Recycling declined our request for an interview.
New Mexico
New Mexico Highlands University president sues school
LAS VEGAS, N.M. – New Mexico Highlands University President Niel Woolf has sued the school, claiming leaders pushed him to redirect a $600,000 contract to a chairman’s friend.
Woolf filed the lawsuit after the university placed him on administrative leave at the beginning of May.
He says Board of Regents Chair Frank Sanchez told him to cancel a $600,000 agreement with an out-of-state contractor and give it to a local contractor.
Woolf says that company is led by a friend of both Sanchez and his brother-in-law, Sen. Pete Campos, who represents Las Vegas.
In the lawsuit, Woolf says Sanchez told him directing the funds to his friend would “go a long way towards securing money for the University from Senator Campos,” said Woolf.
Woolf is seeking damages and attorney’s fees under the New Mexico Whistleblower Protection Act.
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