Don’t Ask for Whom the Bell Tolls: Fighting Words
“I feel sorry for Taos County.” –Virgil Martinez
Commissioners at Taos County, Tom B., Jim F., and Mark G., voted to deny a protest, recommended by the county’s Public Welfare Advisory Committee against allowing the El Prado Water and Sanitation District’s (EPWSD) John Painter to transfer controversial northern Taos County water rights from the Questa area’s Gallagher Ranch to the Taos Valley. Similarly Commissioners last year ignored a recommendation by the Committee to protest the transfer of water rights from a Questa ditch to El Salto’s Rio Lucero, a project promoted by mayordomo and Abeyta guru, one Palemon Martinez.
The acquisition of water rights falls under the “financial” purview of the controversial Abeyta water settlement. Under this agreement water trickles uphill toward money.
Both these water rights transfers originate from watersheds that are different from the watersheds that shelter the Abeyta—Taos Pueblo Water Settlement signatories. Critics say the Abeyta signatories are creating new wet water rights with dry water rights from the Questa area. The water rights in Questa weren’t being used but will be used now to retain water meant to supplement the Rio Grande.
The transfers and sales mentioned violate the spirit if not the letter of the agreement. Signatories argued that custom ordained that water users should share in the abundance and the shortage. The Village of Questa has a huge water deficit, according to the Office of State Engineer and desperately needs water rights. As Commissioner Gabe Romero, who voted to uphold the protest, said, the EPWSD could share the Gallagher rights with the village. But EPWS District spokesman John Painter said it is better to buy than lease and share, though he’s happy to lease water rights to downstream municipal users.
The County decision, the de facto approval of the Rio Lucero/EPWSD transfers, has several ramifications for the “aqua es vida” crowd, which has become the “aqua es dinero” promoters today.
No. (1) The decision approves a predatory raid on Questa water.
No. (2) The decision jumpstarts an exponential local and statewide market for water.
No. (3) The decision will start up a new extractive industry driven by technology as the Abeyta bunch drill deep into the earth searching for age-old water.
No. (4) The decision creates a slippery legal slope that undermines the County’s right to protest transfers by out-of-towners. The court will look severely at a public welfare argument in court that says, “you can’t have our water because you’re not from here.” Creating a separate class of citizens is a “no no” under civil rights law.
No. (5) The decision supports EPWSD’s reckless attempt to purchase water rights for the extraordinary price of $20,000 afy, water rights currently being held for the District by Painter’s Buffalo Ranch boss.
No. (6) The decision ignores a District’s need. EPWSD has only 1100 customers and 380 meters, which use only 100 afy per year but is asking for a total of 575 afy. So Commissioners are aiding and abetting investment in the new water market.
No. (7) The decision stirs up envidia, neighbor against neighbor both in El Salto and between greater Taos and Questa. Questa residents north are being ignored by their elected representatives, including the Mayor, who is a commissioner, Mark Gallegos.
The former Questa mayor, Esther Garcia, asked the county to protest both transfers. Commissioners Gabe Romero and Candyce O’Donnell voted against the transfer and to protect and preserve water rights and water sheds in all parts of the county.
Now the County is following in the footsteps of the Town of Taos, which has intervened in historic acequias 380 times just in the district north of Taos Plaza, according to the Preston-Prinz study. By letting developers run rampant, the Town has forced parciante from the Spring Ditch to consider selling their water rights. The Town, a signatory to Abeyta, is at least buying the water rights within the Taos Valley.
The Natural World
Though the way of the natural world is amazing, some folks see it as a source of wealth and not as an end in itself to be gently enjoyed and contemplated. Nature teaches much about beauty and biology, how to adapt and live. Historically and even today—despite climate change and the Monsanto seed perversion— the natural world has nourished the body and reminded the spirit of the joys of existence. Some traditions consider human beings the stewards of the natural world. Duty requires stewards to walk softly and do as little harm as possible.
Tourists and locals enjoy a walk, hike, fishing, hunting, farming, ranching, skiing, or the view from the kitchen window. Many Taosenos and visitors understand how the natural world interacts with human beings. In the Tao Te Ching, the way of life is likened to water, which follows the contours of the rocks and gravel in a streambed through the twists and turns of the earth down the mountainside, much like the Rio Lucero, Rio Hondo, Rio Pueblo, Rio Fernando, Rio Chiquito, Rio Grande del Rancho, and Rio Grande.
Water is precious when you drink it or when your open the headgate and use a lateral to water crops, livestock, gardens and orchards. Growth has generally spoiled the surface water for drinking except in places like El Salto, where the water, if not the mayordomos, is as pure as the snowmelt.
The Taos Pueblo and the Hispanic settlers created acequias that emulated the contour of the earth and depended on gravity. Simple hand-dug wells stand in sharp contrast to the derricks and drillers who use hydraulic pumps to change the course of underground aquifers that funnel fresh spring water to the Rio Grande.
Caveat
We’ve seen the struggle for water memorialized in the Milagro Beanfield War and in Chinatown. Even if it is a “done deal,” some Taosenos will arrive in throngs to defend the last cup of water from those who would sell it to the highest bidder. Wake up, mis amigos. Joe Mondragon ain’t dead yet. The bell tolls for thee.