For years the NMCGA and others have fought a sweeping designation of Outstanding National Resource Waters (ONRW) on forest lands in New Mexico. Even the New Mexico Legislature joined in the war passing a memorial sponsored by Representative Debbie Rodella directing the New Mexico Environment Department (NMED) to make ONRW designations on a stream by stream basis, as determined by science.
Driven by the WildEarth Guardians (formerly the Forest Guardians) and an Executive Order by Governor Bill Richardson on Earth Day 2008, the NMED has doggedly pushed forward a petition that defies logic. At every stage of the process the NMCGA has attempted to bring reason to the situation and to get the New Mexico Water Quality Control Commission (WQCC) to follow its’ own rules in accepting petitions for hearing. One of the main necessities for an ONRW is baseline water quality data. The NMED has it on less than 25% of the waters it is nominating. Additionally the petition has changed since it was first accepted for hearing.
Late last Thursday a suit was filed in the Thirteenth Judicial District, Sandoval County, New Mexico, requesting a temporary restraining order (TRO) to halt the hearing because of the flaws in the process. The TRO was granted on the spot. The final order did not become available until late Friday.
This morning the NMED filed a motion with the New Mexico State Supreme Court to quash the TRO. In an amazing feat of judicial process, they were able to get a telephonic hearing at 3p.m. TODAY. The NMCGA attorney was given less than 30 minutes notice for this hearing. It was really no surprise that the NMED got what it wanted.
The NMED followed exactly the same path in moving forward with greenhouse gas regulations this summer.
The ONRW hearing will commence tomorrow, September 14 and is scheduled to run through the rest of the week. If it is not completed, it will reconvene on October 12.
If you have ANY time this week, please sit in on the hearing in room 307 of the State Capitol. We need all the support we can get!
I saw a bumper sticker the other day that pretty well expresses my thoughts at this point … “I can see November from my house.”
Caren Cowan
Executive Director
New Mexico Cattle Growers' Association
POB 7517
Albuquerque NM 87194
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