Water, fencing issue in forest unresolved

A meeting with the U.S. Attorney in Albuquerque proved disappointing for Otero County Commissioners. On Friday, commissioners and representatives of the U.S. Forest Service met with U.S. Attorney Damon Martinez to discuss water property rights and fencing issues in the Lincoln National Forest. District 1 Commissioner Tommie Herrell said the meeting was a let down and no issues were truly resolved from it. "We thought with us coming up here and taking our time — we could get something resolved," Herrell said. "We're very disappointed." Otero County attorney Blair Dunn said the U.S. Attorney Martinez told commissioners that neither the U.S. Attorney's office nor the local USFS office had the authority to open the gates. "For the past 15 years they've been opening the gates and the fences have been down or up," Dunn said. "They've always allowed people in and out of the water. Then all of a sudden now they don't have the authority to do that anymore." Dunn expressed disbelief over the Forest Service stating it didn't have the authority to open the gates on the fences near the Agua Chiquita riparian area. "It's inconceivable that the Forest Service doesn't have the authority to open a gate on a fence that they just built," he said. Dunn said the U.S. Attorney seemed more concerned with the safety and welfare of U.S. Forest Service employees instead of finding a solution. He said Martinez was concerned citizens might retaliate against the Forest Service. "(Martinez) was worried people would take the law in their own hands by opening a gate and that it would put the Forest Service in a position where they have to confront somebody and try to keep them from doing something," Dunn said. "So really the point of the meeting wasn't really to reach any short-term solution to get people into their water. It really became them asking the county officials and the sheriff to do what they can to keep people calm and to just get everybody to quiet down."  Dunn said another aspect that was overlooked was the fact that the Forest Service was breaking the law. "They do not have a right to that water," he said. "That is an illegal diversion of water on their part."...more