River Protectors Urge NM Attorney General To Seek Termination of AECOM Gila Contract
Today the Gila Conservation Coalition (GCC), the Center for Biological Diversity, and former Interstate Stream Commission (ISC) Director Norm Gaume petitioned New Mexico Attorney General Hector Balderas [letter is attached] to seek termination of an ISC contract with engineering giant AECOM. At the same time AECOM was one of two finalists for the contract to provide design services for a potential Gila River diversion and storage project, it made a contribution to Susana PAC, the Governor’s political action committee.
Center Senior Attorney Doug Wolf explained: “This was a clear violation of section 13-1-191.1F(2) of the state procurement code. On January 19, 2017 we submitted to NM State Purchasing Agent Lawrence Maxwell a complaint outlining AECOM’s illegal campaign contribution and, except for an April 14 acknowledgement that our letter was received, have heard nothing from Mr. Maxwell or his office. Today we are urging NM Attorney General Hector Balderas to step in and force the State Purchasing Agent or the ISC to terminate this wrongfully awarded contract.”
“The ISC has already paid AECOM $535,875 in Phase I of the contract and approved Phase II spending of $836,000,” noted GCC Executive Director Allyson Siwik. “The ISC is now being asked by the New Mexico CAP Entity to continue these contracts and, potentially, commit money to AECOM Gila diversion design work that would be better spent on local water supply and conservation projects,” added Siwik.
“The ISC should cut its ties with this bad actor company–it certainly should not give it any more money, which the ISC is poised to do,” stated Todd Schulke, Senior Staff for the Center for Biological Diversity.
Mr. Gaume concludes: “the money the ISC has spent on AECOM work has been wasted: it has not identified a feasible diversion and storage scheme; worse, given the very high cost and low water yield of any Arizona Water Settlement Act diversion project, AECOM isn’t going to find a feasible approach no matter how much money the ISC approves for them to waste.”
The NM CAP Entity’s April meeting was full of finger pointing as it became apparent that the group’s Gila River diversion plans would be severely delayed due to another Open Meetings Act (OMA) misstep.
The Entity was to make a decision on a revised scope of work for the Interstate Stream Commission’s (ISC) consultant to conduct additional feasibility analyses for the Gila River diversion project. Because the meeting was not properly noticed to the public, the group was limited to discussion only. The error will prevent the Entity and the ISC from meeting an end-of-fiscal-year Department of Finance and Administration deadline for any contract changes. The ISC’s Kim Abeyta Martinez explained that this delay means that it would be late fall 2017 before the NM CAP Entity could expect to have results from the additional diversion feasibility analyses.
The ripple effect of this OMA mistake calls into question the ability of the Entity to meet the Arizona Water Settlements Act 2019 deadline for environmental compliance for the proposed diversion project. Considering that the group has not yet defined a feasible proposed action and the clock is running out, the NMCAPE should decide to reject the diversion and focus on funding non-diversion projects that can immediately meet southwest New Mexico’s water needs in a cost-effective manner.
The next NM CAP Entity meeting is scheduled for Tuesday, May 2nd, 9 am, Grant County Administration Building. Agenda is not yet available.
Santa Fe, NM –Senate Bill 340, sponsored by Senators Morales, Wirth and Rue, was temporarily tabled yesterday in the Senate Finance Committee. The bill would make further Interstate Stream Commission (ISC) spending for NM Unit permitting or implementation contingent upon providing the following information to the legislature: (1) demonstrate that the proposed NM Unit project is technically feasible, (2) quantify the amount of water the project could produce and who would use it, and (3) provide an engineering estimate of the project’s cost and a plan to pay for it.
“In its bill analysis and in repeated testimony, the ISC has asserted that the time it would take for the ISC to produce answers to the questions in SB 340 would cause New Mexico to miss the December 2019 federal deadline for a Gila Diversion project,” said Gila Conservation Coalition Executive Director Allyson Siwik. “In other words,” Ms. Siwik continued, “the ISC is admitting it cannot now answer the basic questions posed by the bill.”
“What this means is the ISC cannot show the current Gila Diversion proposal is technically feasible, how much water it could produce, who would use it, how much it would cost, and how they would pay for it,” stated Todd Schulke, Senior Staff for the Center for Biological Diversity. “This shocking admission calls into question the competence of the ISC and suggests the $6 million it has spent on studies and meetings has been wasted,” Mr. Schulke concluded.
Background
In February 23, 2017 testimony before the Senate Conservation Committee, former ISC Director Norm Gaume stated that the questions posed by SB 340 are elementary and should be the starting point for any water planning exercise.
The ISC and the NM CAP Entity (CAPE) have looked unsuccessfully for a viable diversion and storage project on the Gila River–despite spending over $11 million to date ($6 million for studies, meetings and non-diversion projects and the rest for permitting) of the federal money provided by the Arizona Water Settlements Act (AWSA). They have not yet estimated the yield of new water, a topic described by a May 2014 independent engineering review for the ISC as one of three “serious technical challenges or potential fatal flaws.” Worse, the ISC has given lip service to cost-effective non-diversion/conservation projects; they have given only small grants and hobbled almost all the projects with onerous matching fund requirements. Yet, the ISC has estimated that it will spend $20 million from the NM Unit Fund on NM Unit federal permitting.
Stand Up for Gila National Forest Travel Management Plan
Grant County Commission Meeting
Tuesday, February 14, 8:45 am
Grant County Commission Chambers
1400 Highway 180 East, Silver City
At its February meeting tomorrow, the Grant County Commission will vote on whether to join the extremist Coalition of Counties in its lawsuit against the Gila National Forest regarding the July 2016 Travel Management Plan. Joining the lawsuit will cost Grant County $6,250 to retain the Budd-Falen Law Offices.
Please attend tomorrow’s Grant County Commission meeting and stand up for the Gila National Forest Travel Management Plan. You need to sign up by 8:45 am to make public comment.
Why should Grant County Commissioners say NO to joining this lawsuit?
The final Gila National Forest Travel Management Plan protects natural resources while also providing for ample access for all recreational needs:
The Gila National Forest Travel Management Plan limits motorized use to 3,334 miles of designated roads, trails and areas to protect natural resources, while also providing for motorized recreational opportunities. The more than 3000 miles of roads that remain open are enough to drive from Silver City to Alaska.
Under the plan, the “908 miles of roads to be closed to motor vehicle use are less than one-mile in length, some had signs of little to no use; some had cultural or natural resource concerns; and some were duplicates of others or parallel to each other and ended near the same locations,” according to the Gila National Forest.
The plan allows for dispersed camping, including big game retrieval.
There is a $1 billion backlog of road maintenance in New Mexico’s national forests. The Forest Service can’t afford to maintain roads that pose a threat to our streams and wildlife habitat.
The Gila National Forest Travel Management Plan is an important tool for protecting our watersheds and wildlife habitat critical to Grant County’s outdoor recreation economy. According to a NM Department of Game and Fish study, hunting, fishing and trapping in Grant County generates $15.5 million in spending, supports 112 jobs creating $2.8 million in labor income, and brings in $743 thousand in state and local tax revenue.
State senators introduce NM Unit Fund Legislative Authorization Bill
SB340 holds Interstate Stream Commission accountable for wasteful spending
Santa Fe, NM –Senator Howie Morales (D, District 28), Senator Sander Rue (R, District 23) and Senate Majority Leader Peter Wirth (D, District 25) introduced Senate Bill 340 to require legislative oversight over the use of the NM Unit Fund and force the Interstate Stream Commission (ISC) to be accountable for wasteful spending on planning for a Gila River diversion project. The bipartisan bill will be heard first in the Senate Conservation Committee.
SB340 would require legislatively approved budgets for use of the NM Unit Fund and force the ISC to report the details of its actual and planned uses of the fund. To date, the ISC has spent $11 million fruitlessly in the absence of real legislative budget oversight.
Additionally, the bill would prohibit ISC expenditures from the NM Unit Fund on any diversion and storage project unless it had (1) determined the project is technically feasible; (2) determined how much water the project could produce and who would use it; and (3) produced an engineering estimate of the project’s cost and a plan to pay for it. Further, the UNM Bureau of Business and Economic Research (BBER) would have to issue a report supporting the financial implementation plan for a diversion project to go forward. Finally, each year the ISC would have to provide a detailed report on its spending from the past fiscal year and planned future spending.
“The legislature needs to exert its authority to appropriate funds from the NM Unit Fund and provide oversight to stop the ISC’s wasteful expenditures on a technically infeasible and unaffordable Gila River diversion,” said Allyson Siwik, Executive Director of the Gila Conservation Coalition.
“A water development project planning process normally defines a specific, feasible physical configuration of a water project, establishes the yield of project water, and states how the water will be used and what it will cost. It’s not reasonable for New Mexico to embark on engineering design and federal permitting estimated by the ISC to cost $20 million through FY2020 without first having determined these basic project planning attributes,” stated former Interstate Stream Commission director Norm Gaume.
“There is more than $40 million in the NM Unit Fund and it should instead be used to implement worthy infrastructure improvements and conservation projects, many of which are shovel-ready. Given our state’s dire financial situation, funding these projects could immediately create hundreds of jobs and economic benefits in southwestern New Mexico,” stated Siwik.
Background
In 2004 Congress passed the Arizona Water Settlements Act (AWSA), which authorizes diversion of the Gila River by the NM Unit if New Mexico agrees to pay for delivery of equal amounts of federal water to Arizona. The AWSA provides ten equal annual payments totaling $90 million dollars from the Bureau of Reclamation to the NM Unit Fund. These funds can pay for any water project that meets a water supply need in Catron, Grant, Hidalgo, and Luna Counties.
In November 2014, the Interstate Stream Commission (ISC) voted to notify the Secretary of the Interior that it intended to have the NM Unit constructed. New Mexico formed the NM CAP Entity (CAPE) comprised of 13 local entities in southwest New Mexico (and the ISC) and charged it with the responsibility of proposing a design for the NM Unit.
The ISC and the CAPE have looked unsuccessfully for a viable diversion and storage project on the Gila River–despite spending over $11 million to date of the federal money. They have not yet estimated the yield of new water, a topic described by a May 2014 independent engineering review for the ISC as one of three “serious technical challenges or potential fatal flaws.” Worse, the ISC has given lip service to cost-effective non-diversion/conservation projects; they have given only small grants and hobbled almost all of the projects with onerous matching fund requirements. Yet, the ISC has estimated that it will spend $20 million from the NM Unit Fund on NM Unit federal permitting.
The legislature has the power to make appropriations from NM Unit Fund and it must provide legislative oversight to rein in the ISC’s wasteful spending.
In May 2014 three young environmentalists gave their lives working to protect New Mexico’s Gila Wilderness and save the wild river that runs through it. A website has been set up to raise funds for a film project that portrays the living Gila River while telling the stories of the Ella Kirk, Michael Mahl and Ella Myers through the allegorical lens of the river that they loved.
If you’d like to help fund this documentary film project, visit the Heart of the Gila page here.
THE TIME IS NOW FOR THE FUTURE OF THE GILA RIVER, the last major undammed river in New Mexico and a crown jewel of the Southwest. From the Hooker Dam in the 1970’s to the current diversion threat under the Arizona Water Settlements Act (AWSA), these repeated attempts to dam and divert the Gila River underscore its chronically threatened status. Even if the current attempt to dam and divert the Gila fail as previous proposals have, it is certain that without permanent protection, defensive actions will continue to be necessary and this scenario will play out again and again in the future.
WRITE TO SENATOR TOM UDALL TODAY!
Please write a handwritten letter to Senator Tom Udall and tell him why you want him to permanently protect the Gila River for future generations. Points you could make include the following (see sample letter below):
The Gila River is an ideal and deserving candidate for Wild and Scenic designation given its free-flowing nature and numerous outstandingly remarkable values.
The headwaters of the Gila are in the world’s first Wilderness. The Gila headwaters comprise one of the largest wilderness complexes in the Americas.
The Gila is one of the largest undammed headwater watersheds remaining in temperate North America.
Sections of the Gila and San Francisco Rivers are included on the Nationwide Rivers Inventory due to their free-flowing nature and their outstandingly remarkable scenic, geological, wildlife, and cultural values.
The Gila River remains unprotected. In fact, only 124.3 miles of New Mexico’s 108,014 total river miles, or 1/10th of 1%, is protected through Wild and Scenic designation.
The need for permanent protection for the Gila River is as urgent as ever. Current diversion project planning under the AWSA could significantly impact the natural flow of the Gila River and consequently the myriad plant and animal species that depend on the river’s free-flowing nature.
HELP PROTECT THE GILA RIVER!
Contact Senator Tom Udall and show your support for permanent protection of the Gila River through the Wild & Scenic Rivers Act.
Handwritten letters make the most impact on elected officials. However, if you are pressed for time, please email or call Senator Udall at www.tomudall.senate.gov/?p=contact or (202) 224-6621.
SAMPLE LETTER
Date
Honorable Senator Tom Udall
531 Hart Senate Office Building
Washington, DC 20510
Dear Senator Udall:
I am writing to you regarding the urgent need to protect the Gila River under the Wild and Scenic Rivers Act.
As the last major undammed river in New Mexico, the Gila River is deserving of Wild and Scenic River designation given its free-flowing nature and numerous outstandingly remarkable values.
However, the Gila River remains unprotected and has been under chronic threat for decades from dam and diversion projects. Current diversion planning under the Arizona Water Settlements Act could significantly impact the natural flow of the Gila River and consequently the myriad plant and animal species that depend on the river’s free-flowing nature.
Why is the Gila River important to you?
I respectfully request your support for Wild and Scenic designation of the Gila River and its tributaries. I believe that it is critical that the Gila River is protected to preserve its outstandingly remarkable values for future generations.
Join us for the 6th Annual Wild & Scenic Film Festival
Saturday, January 14, 6:30 pm at Silco Theater
The Gila Conservation Coalition invites you to join us for the 6th Annual Wild & Scenic Film Festival on Saturday, January 14 at 6:30 pm at the historic Silco Theater at 311 N. Bullard St in Silver City. The festival focuses on films that speak to the environmental concerns and celebrations of our planet.
Tickets are $15 at the door, GCC members $12, and students are free. A special price for admission plus a GCC membership will be offered for $20.
The Wild & Scenic Film Festival features films about rivers, social justice and activism, indigenous food, and climate change. We have a great lineup, with both serious and light-hearted selections, and a few locally produced films.
Great prizes from national sponsors Patagonia, CLIF Bar, Sierra Nevada Brewing, Orion Magazine, Klean Kanteen, Earthjustice, and Barefoot Wine & Bubbly as well as local sponsors will be awarded as part of the raffle, free with admission.
“The Wild & Scenic Film Festival is a natural extension of the Gila Conservation Coalition’s work to inspire people to act on behalf of the Gila River and its watershed,” says Allyson Siwik, Executive Director of the Gila Conservation Coalition. “The Wild & Scenic Festival shows us through film how communities like ours are working to protect their watersheds, unique landscapes, and the environment, galvanizing us to do the same.”
The Wild & Scenic Film Festival was started by the watershed advocacy group, the South Yuba River Citizens League (SYRCL) in 2003. The festival’s namesake is in celebration of SYRCL’s landmark victory to receive “Wild & Scenic” status for 39 miles of the South Yuba River in 1999. The 4-day event features over 100 award-winning films and welcomes over 100 guest speakers, celebrities, and activists who bring a human face to the environmental movement. The home festival kicks-off the international tour to over 150 communities around the globe, allowing SYRCL to share their success as an environmental group with others organizations. The festival is building a network of grassroots organizations connected by a common goal of using film to inspire activism.
With the support of National Partners: Patagonia, CLIF Bar, Sierra Nevada Brewing, Orion Magazine, Klean Kanteen, Earthjustice, and Barefoot Wine & Bubbly, the festival can reach an even larger audience.
“Films featured at Wild & Scenic give people a sense of place,” says Tour Associate Director, Amelia Workman. “In today’s busy world, it is easy to disconnect from our role in the global ecosystem. When we realize that the change we need in this world begins with us, we start making a difference.”
Martin’s Boat by Peter McBride honors the legacy of Colorado River conservation hero Martin Litton. The film follows the newest boat in the Grand Canyon Dories fleet, the Marble Canyon, on its maiden voyage down the legendary Colorado River through the grandest canyon on Earth. Martin pioneered whitewater dories on the Colorado River in the 1960s and started a proud tradition of naming the boats after wild places that had been lost or compromised by the hand of man.
Mother of All Rivers by Will Parrinello and Mill Valley Film Group tells the story of how Berta Cáceres rallied her indigenous Lenca people to wage a grassroots protest that successfully pressured the government of Honduras and the world’s largest Chinese dam builder, SinoHydro, to withdraw from building the Agua Zarca Dam. Narrated by Robert Redford, this film illustrates how an ordinary person can effect extraordinary change. Berta was a true environmental hero who placed herself squarely in harm’s way to battle intimidating adversaries while building strong grassroots support. In 2016, Berta was assassinated in her home by armed intruders, after years of threats against her life.
In Co2ld Waters by Jeremy Roberts, five of the most respected names in the fly fishing world converge on a single creek in Montana to talk about their passion and to discuss the single biggest threat to their timeless pursuit, climate change. Can 4 million fly anglers make a difference? Legendary fishermen, including Yvon Chouinard, believe it is possible.
A special thanks to our local sponsors:
Major Sponsors – Center for Biological Diversity, Dennis Weller Photography, Gila Hike and Bike, Gila Resources Information Project, New Mexico Wilderness Alliance, Stream Dynamics, Upper Gila Watershed Alliance, Vicki Allen, LISW, Bob Wilson & Lisa Houston
Sponsors – Tom & Martha Cooper, Bob Garrett & Mary Hotvedt, Southwest New Mexico Audubon Society, Silver City Food Co-op, Syzygy Tileworks, TheraSpeech, Western Institute for Lifelong Learning
EVENT DETAILS:
Date & Time: January 14, 2017, 6:30 pm: Doors open at 6:00 pm and show starts at 6:30 pm.
Venue Name & Address: Silco Theater, 311 North Bullard St. Silver City
Ticket Prices: $15 at the door; GCC members $12; Admission + GCC membership $20; Students FREE.
For more information: Contact Allyson Siwik, info@gilaconservation.org, 575. 538.8078. www.gilaconservation.org
Dance of the Mountain Spirits by Fort Sill Apache Fire Dancers with the Gooday Family
Spoken Word Poetry by Hakim Bellamy, Colin Diles Hazelbaker, Sam Castello, A. Billi Free & Tony Russ
Music by The Average Cadaver, Bayou Seco & The Roadrunners
Parade and Fun by Monsoon Puppet Theater
Murray Hotel Video Projections by Chris Theulen
Saturday, September 24, 3:00 pm – 10:00 pm
Yankie & Texas Streets, Downtown Silver City
FREE
Kick off the Gila River Extravaganza with a special Monsoon Puppet Theater parade featuring the Monsoon Puppets.
To help you get in the spirit, we’ll do face painting, and mask and puppet making with all materials provided at 3:00 at Bikeworks on the corner of College and Bullard.
At 4:00, we’ll line up at Bikeworks for the parade down Bullard Street. Show off your painted faces, puppets, and masks!
When the parade ends at Yankie and Texas, the party continues with more kid- and family-centered fun in the street from 4:30-10:00. Food vendors and light refreshments provided by the Silver City Food Co-op and Gila Conservation Coalition will be available.
Dance to live music by Silver City’s own great musicians: The Average Cadaver, Bayou Seco, and The Roadrunners. We’ll teach simple folk dances for Bayou Seco’s music, and you’re on your own for the other bands!
Wait until dark for a visual and aural feast for the senses. Beginning about 8:00, listen to inspiring spoken word performances by Hakim Bellamy, Albuquerque’s inaugural poet laureate, accompanied by Albuquerque musician and producer Colin Diles Hazelbaker. Local poets, Sam Castello, Tony Russ, and A Billi Free will add their amazing verse and voices to the mix.
Complementing the performances, projected on the Murray Hotel will be striking images and videos from a number of local videographers and photographers and produced by filmmaker Chris Theulen.
DANCE OF THE MOUNTAIN SPIRITS
Fort Sill Apache Fire Dancers with the Gooday Family
Saturday, September 24, 9 pm FREE
Yankie & Texas Streets, Downtown Silver City
The Gila Extravaganza closes with the Dance of the Mountain Spirits performed by the Fort Sill Apache Fire Dancers with the Gooday Family. This dance is performed by the Fort Sill Apache Tribe annually and at sacred occasions to drive away sickness and evil and bring good health and good fortune. The Fire Dancers are a traditional group and rarely perform for the public.
The schedule and registration are now available on line for the 12th Annual Gila River Festival Honoring Our Heritage: The Natural and Cultural History of the Gila to be held September 22 – 25.
The festival will look at the importance of preserving our region’s cultural and natural history. This year’s centennial of the National Park Service provides an opportunity to explore the philosophy behind our nation’s accomplishments in preserving our cultural and natural heritage and understand future challenges to preserving important biologically important landscapes, such as the Gila River watershed, and to protecting public lands held in trust for all Americans.
This year’s festival features keynote speaker Audrey Peterman, conservationist Dave Foreman, author Phil Connors, the Fort Sill Apache Fire Dancers with the Gooday Family, Albuquerque inaugural poet laureate Hakim Bellamy, photographer Diana Molina, Hispanic public lands advocate Liz Archuleta, and many more exciting presenters.
Birding, fly fishing, kayaking, rock art and other guided hikes will be offered throughout the four-day festival. A special family-friendly Gila River Extravaganza features the Fort Sill Apache Fire Dancers with the Gooday Family, music, spoken word poetry and the Monsoon Puppet Parade!
Register early and reserve your spot for the Southwest’s Premier Nature Festival!