La Jicarita News January 2000- Community Advocacy for Northern New Mexico

On Saturday, June 29, 12 parciantes, mayordomos, and acequia commissioners representing acequias in Vadito, Placita, Llano Largo, Peñasco, Rio Lucio, Las Trampas, and El Valle met to discuss the possibility of organizing an association of acequia users for the Peñasco area. Organized by Ben and Verna Gurule, the meeting was addressed by Palemon Martinez. Martinez, who is a member of the Interstate Stream Commission, President of the Taos Valley Acequia Association, and acequia commissioner of Acequia Madre del Rio Lucio y Arroyo Seco and Acequia Los Granados, listed a number of reasons why an acequia association can benefit area water users.

First among these is the fact that the state is in the process of developing regional water plans, which will influence future water litigation, water development, and legislation. Regional water plans will determine an area's available water supply, its future water demands, and the plans that area has to undertake to meet those demands with the available supply. Martinez suggested that by organizing the local acequias, water users will be better able to identify their needs, influence legislation that will affect them, and protect themselves during legal processes such as adjudication. These regional water plans, Martinez said, will establish guide lines for regional water management over a 40-year period and will determine if a region will base its plans on traditional customs and culture, future development needs, or try to establish a balance between the two. Martinez mentioned as an example of pending legislation that will affect water users the concept of instream flow. Instream flow would set minimal levels of stream flow for New Mexico rivers, beyond which water could not be diverted for agricultural, domestic, or commercial uses.

Martinez also pointed out other benefits of a central acequia association. These included providing a united front during the adjudication process, obtaining grants to aid acequia users in maintaining their acequias, such as purchasing equipment which can be used collectively by all acequia members within the association, and instituting a program for water banking, which can protect acequia systems from losing irrigation rights to fields or parts of fields which are no longer irrigated.

People attending the meeting discussed and agreed to include other communities outside Taos County but within the watershed, such as Ojo Sarco, Dixon, and Embudo, at future meetings. They also agreed to go back to their communities to discuss these issues, and plans were made for another organizational meeting some time in August. Verna Gurule, of La Jicarita Enterprise Community, also announced that they will be sponsoring two classes in August and September for domestic water associations. These will include speakers from the New Mexico Rural Water Association and Rural Community Assistance Corporation. La Jicarita will have more information and specific dates for all these upcoming meetings in our next issue.

What's Happening in the Rest of New Mexico: Public Land Summit Airs Grievances

By Kay Matthews

A forum on public lands issues in northern New Mexico was held May 18 at Northern New Mexico Community College. Sponsored by the college and Rio Arriba County, the forum, or summit, was divided into three components: 1) economic concerns, including grazing, fishing, recreation, wood, and plant gathering; 2) environmental concerns, including environmental justice, forest issues, and endangered species; and 3) land based concerns. It was quickly apparent that the main issue, encompassing all three of these components, was a perceived threat to local input and control on public lands.

While selected experts led the discussions, the public was allowed time to make statements or ask questions of the various county, state, and federal officials present. Many questions were directed to Chip Cartwright, Southwest Regional Forester, and Leonard Lucero, Carson Forest Supervisor (the interim Santa Fe Forest Supervisor was also present). Several of the speakers expressed frustration at trying to interact with the Forest Service and other federal agencies on public lands issues, finding that the only time these agencies seemed to be responsive was when litigation was threatened. Several speakers directed their questions to Nancy Kaufman, New Mexico Director of U. S. Fish and Wildlife, regarding the restrictions required by the Endangered Species Act that negatively impact communities, both culturally and economically. Donna House, one of the facilitators of the section dealing with environmental justice, pointed out that the act does not take into account the cultural and spiritual aspects of Native American society. Kaufman responded that it is her job to look at species with an understanding that their decline indicates that natural resources are also declining, and that these are "not good places to bring up our children."

Juan Montes, another facilitator, asked the Bureau of Land management officials to respond to the fact that in the past it has favored the extractive industries at the expense of local communities, citing the poisoning of the Red River by Molycorp as an example. He also had harsh words for environmental activists who fail to initiate dialogue with local communities and subvert the democratic process by relying on litigated injunctions. As a member of the Questa community, he declared, "We're caught in the middle. I see a lot of rebellion against authority, but our so-called minority communities, which are actually in the majority, must decide what values we really want to protect and not back-slide any further in our industriousness."

Montes also questioned Leonard Lucero as to what plans the Forest Service has with regard to harvesting some of the wood from the Hondo fire that burned south of Questa in May, and whether any harvesting could be accomplished without further damage to the watershed. Lucero responded that the local district would work with members of the community to designate firewood gathering areas.

Perhaps the most poignant moment of the day came when a resident of Cañon Plaza came to the microphone and said, "The environmentalists treat us like morons." She described the changed nature of the forests in the Vallecitos area&emdash;"you can't ride a horse through them the undergrowth is so thick"&emdash;and blamed the people who come from the east and west who buy large tracts of land and influence forest policy without communicating with the local people.

Harold Sluga, manager of the Duke City lumber mill in Española, after sarcastically thanking the environmental community for doing such a great job of putting people out of work, announced that Hansen Industries, the parent company of Duke City Lumber, "is out of business," and that Duke City will be sold or auctioned off. La Jicarita called to verify this, and Sluga clarified his statement that it is Cavenhamn Forest Products, a subsidiary of Hansen Industries which governed Duke City Lumber in Española, that has been sold to Idaho Timber Corporation. This means there is no longer a Duke City Lumber Company, but the former Duke City mill in Española will now be operated by Idaho Timber Corporation. Sluga hopes that the mill will continue to be viable by processing timber from private lands until public land timber becomes available.

PACA Solidwaste/Recycling Update

By Jean Nichols

(Editor's note: The town of Taos is currently setting up its recycling program, but at this time it is unclear as to where recyclables are being accepted, or if county residents can drop off their recyclables with the town. Taos County and Sanco, the refuse company under contract with the city and county, are currently planning to upgrade present transfer station sites into "convenience centers" with recycling. Keep an eye on the Taos News for further updates.)

The PACA Solidwaste/Recycling Committee has received a $25,000 grant from the Forest Service. Initially, because there was no recycling, the grant was written to build a ReUse Education Center in Chamisal. We were going to build an Earthship out of tires, cans, and bottles as an example of reuse of local materials. Unfortunately, it was necessary to get all the parties concerned&emdash;the Forest Service, County, and Sanco&emdash;to agree to include us in their permit and plan. Problems of ownership and liability have made building such a permanent structure impractical, and we are now leaning towards a building made out of materials salvaged from the El Norteño Community Center reconstruction. This would replace the existing shed and also be for clothes, household goods, and other reusable items. We will also put up a bulletin board to list items people have or want so that much of the collecting and swapping of goods can happen before they reach the "dump." This depot system has worked very successfully in other places and becomes a valuable resource.

As recycling starts up again, community education, as well as recycling bins at schools, churches, campgrounds, businesses and Picuris, will become important. No one wants to have to sort their trash at the dump, so recyclable items need to be separated at the source and arrive in Chamisal ready to be recycled.

In the upcoming months we will work with the community, the town of Taos, Taos County, Sanco, and the Forest Service to come up with a community wide system. It will probably happen in steps, the first being that the town of Taos will open a recycling yard at the Taos landfill, where recyclables can be brought (glass and assorted paper first, other commodities later). Later, Sanco will begin to transport these from outlaying convenience centers.

The Forest Service is allowing us to be very flexible with our grant so that we can fill real needs as they arise. It will do no good to set up a system that is not sustainable, and we must wait and work with what Sanco and the County are willing to transport. We welcome community input and ideas. How do you envision recycling happening? Within your organizations&emdash;church, school or business&emdash;what items can you recycle, what sort of bins will you need, how do you transport trash? Organizations that are willing to transport their recycling to Taos can be set up first. Come to our committee meetings the last Thursday of the month, 7 p.m., at Bear Paw Pizza (call 587-2200 to confirm).

A note from the author: For recycled art projects I need plain (not ribbed or patterned) styrofoam trays from meat packages (clean please), plastic six pack holders, twisties, and bottle caps. These can be dropped off at the meeting each month or at Art for the Heart, opposite the new Post Office.

Forest Service Studies Rio Santa Barbara, Rio Pueblo for Wild and Scenic Designation

In its April issue, La Jicarita reported on the Bureau of Land Management's Wild and Scenic River eligibility study of the Rio Embudo. The Forest Service has also been involved in conducting surveys for Wild and Scenic status for the upper portions of the Jicarita watershed, including the Rio Pueblo and its tributaries and the Rio Santa Barbara.

A Wild and Scenic designation protects the values of a particular river that exist at the time of its designation. To be considered for inclusion in the Act, a river must be free-flowing, without diversions, and possess at least one outstanding value such as scenic, geologic, cultural, riparian, or recreational. A one-quarter-mile section of land on either side of the river is included in the study as part of the river corridor. Once a river is deemed eligible, it will be assigned a category: Wild; Scenic; or Recreational. A Wild classification means that the river is largely inaccessible, that there are no roads within the corridor, and that its shoreline is essentially primitive with no large put-ins or take-outs. A Scenic classification is defined by a largely primitive shore line, but may be accessible by roads. These roads can be parallel to the river but cannot cross it. A Recreational classification means the river is accessible by road or railroad and may have minor diversions, bridges, and powerlines within the corridor.

According to Terry Dilts of the Camino Real Ranger District, the surveys and subsequent classifications of the Rio Pueblo and Rio Santa Barbara are part of the forest plan process, and until that plan is completed, the Forest Service will make no recommendation to Congress for Wild and Scenic designation of any portions of the rivers. Dilts noted that anyone can make that recommendation to Congress, i.e. another governmental agency or river advocacy group.

The Rio Santa Barbara survey divided the river into three segments and assigned each portion a category. The portion of the river from its headwaters in the Pecos Wilderness (including all three forks) to Santa Barbara Campground has been classified Wild. The segment of the river from the campground to the bridge on Forest Road 116 is classified Recreational, as is the segment from the bridge to the forest boundary.

The survey of the Rio Pueblo and its tributaries is in the preliminary stages. The Rio Pueblo, from its confluence with the Rito Angostura to Summer Life Camp, has been classified eligible for inclusion. The Rito Angostura,

from its headwaters near Serpent Lake to its confluence with the Rio Pueblo, was deemed ineligible. Knob Creek, In its April issue, La Jicarita reported on the Bureau of Land Management's Wild and Scenic River eligibility study of the Rio Embudo. The Forest Service has also been involved in conducting surveys for Wild and Scenic status for the upper portions of the Jicarita watershed, including the Rio Pueblo and its tributaries and the Rio Santa Barbara.

from its headwaters near Serpent Lake to its confluence with the Rio Pueblo, was deemed ineligible. Knob Creek, from its headwaters to its confluence with the Rio Pueblo, was also deemed ineligible. Agua Piedra Creek and its tributaries was classified eligible. Neither of the eligible rivers has yet been given a category of Wild, Scenic, or Recreational, and this preliminary work is not necessarily the final word on the eligibility of any of these rivers.

The Bureau of Land Management has expressed interest in working with the Forest Service on a comprehensive management plan for all three rivers.

ANNOUNCEMENTS

• The Forest Service is currently issuing free dead and down firewood permits at the Camino Real Ranger Station. Cutting is prohibited in green fuelwood areas (these areas will be opened at a later date), and there can be no cutting of standing dead ponderosa pine, in posted timber sale areas, campgrounds, picnic areas, recreation sites, within 100 feet of running streams, and in burned areas. A map of the areas where cutting is allowed accompanies the permit.

• La Plaza Internet is up and running at Peñasco High School. Access numbers are: 587-0451; 587-0453; 587-0455; and 587-0456.

• The Peñasco Area Communities Association (PACA) will be sponsoring a meeting within the next to weeks to present the "action steps" part of the comprehensive land use plan to the community for discussion and approval. Look for notices in all the area stores and post offices.

Just Who is the Rio Pueblo/Rio Embudo Watershed Protection Coalition?

By Kay Matthews

All over the country grassroots groups have organized to address problems in their communities that seem to be universal: water quality and quantity; clean air; cultural integrity; economic viability; the preservation of rural lands; and public lands policies. Often-times these groups find that the most effective way to organize is watershed by watershed, as el agua is obviously what ties communities together&emdash;both socially and environmentally. When someone pollutes a river upstream, everyone downstream suffers. When urbanization threatens one rural community with extinction, all its neighboring communities are vulnerable to the domino effect.

Here in northern New Mexico, we have a unique situation defined by the longtime presence of both the Native American and Hispanic communities and the more recent influx of the Anglo community. Therefore, any grassroots coalitions that attempt to address local issues must be democratic, inclusive, and culturally sensitive. The Rio Pueblo/Rio Embudo Watershed Protection Coalition, organized in the summer of 1994, is made up of an association of groups whose constituencies reflect the diversity of our communities. The member groups include: Picuris Pueblo, Amigos Bravos, the Association of Rio Pueblo Acequia Users, the Association of Rio Embudo Acequia Users, Mora Land and Water Protective Association, the Santa Fe Group of the Sierra Club, and Carson Forest Watch.

Carl Tsosie, Lt. Governor of Picuris Pueblo, was instrumental in organizing the coalition. The Pueblo was concerned about the upstream condition of the Rio Pueblo and what that meant for the downstream users, especially our neighbors at the bottom of the watershed in Dixon and Embudo. At the time, the Pueblo was preparing to adopt federal clean water regulations, which set higher standards of compliance for river users that were then in place. When the Forest Service failed to consult with the Pueblo on the proposed Sipapu Ski Area expansion, Tsosie called together representatives from community and environmental groups to form an ad hoc river watchdog group that could monitor and lobby for the health of our Rio Pueblo/Rio Embudo watershed.

Picuris Pueblo has a tribal membership of 353 people. Their ancestors have been in this area for 800 years; Pueblo lands once covered the entire Peñasco valley from Truchas to Talpa and Embudo to Jicarita Peak. Tribal lands now number about 8,658 acres and include portions of Peñasco, Vadito, Rio Lucio, and Chamisal. The Pueblo is governed by a tribal council comprised of eight members: a governor and lieutenant governor, who oversee the tribal offices; three warchiefs, who are responsible for the kivas and recreation; and two other members who take care of the church. Any decisions that are not settled by the council go to the tribal membership at large. The caciques are the traditional leaders who advise the council, and hold their positions for a lifetime.

The Association of Rio Embudo Acequia Users is represented by Clovis Romero and Harvey Frauenglass of Embudo and Alfredo Martinez of Dixon. Romero and Frauenglass are commissioners of the Acequia Junta y Cienega (Romero has been a commissioner on the ditch for over thirty years) which has been in existence for over 250 years. There are 34 current parciantes on the 2.5 mile acequia, whose name refers to the two areas it serves: La Junta, near where the Rio Embudo flows into the Rio Grande; and La Cienega, downstream alongside the Rio Grande. The Acequia Junta y Cienega is the farthest downsteam acequia on the Rio Embudo with water rights (there is another ditch farther downsteam but is allowed only excess water from the Acequia Junta y Cienega), and the parciantes are fortunate, especially in a drought year such as this one, that springs recharge the Rio Embudo just below the ditch's headgate.

Alfredo Martinez represents two acequias, Acequia del Llano and Acequia la Plaza. Acequia del Llano is one of the larger ditches in the Dixon area, serving approximately 100 parciantes. It runs five miles from Cañoncito to the last arroyo in Dixon on the south side of NM 75, but also waters property on the north side of the highway as well. Martinez reports that in this drought year, parciantes on Acequia del Llano are already running out of water and people may loose their gardens and field crops. He also notes that for the first time the mayordomo of the acequia is a woman. The Acequia la Plaza is a smaller acequia system, with approximately 40 parciantes, running about two miles from the NM 75 bridge below Cañoncito to the last arroyo in Dixon, where the two acequias merge. Acequia la Plaza follows the north side of the highway near the Rio Embudo.

Carson Forest Watch (CFW) is represented in the coalition by Joanie Berde of Llano. Along with Bob Stewart of Taos, Berde started CFW in late 1989 in response to logging damage on the Carson National Forest and concern over impacts to wildlife and watershed resources from lack of public input on timber sales throughout the forest. CFW is a volunteer citizen watchdog group, monitoring projects on public lands throughout northern New Mexico and southern Colorado. Its concern is protection of old growth forests, community watersheds, threatened and endangered species, and biodiversity.

Amigos Bravos is an eight-year-old grassroots river and social justice advocacy organization based in Taos. With close to 600 members, the group operates as a watch-dog and advocate for the Rio Grande as well as providing technical assistance to communities, organizations, and individuals. The purpose of Amigos Bravos is to "return the Rio Grande watershed to drinkable quality wherever possible, and to contact quality everywhere else; to see that natural flows are maintained where those flows have been disrupted by human intervention; and help maintain environmentally sound sustainable practices of indigenous cultures." Brian Shields represents Amigos Bravos on the Rio Pueblo/Rio Embudo Watershed Protection Coalition.

Mora Land and Water Protective Association, a corporate entity, was formed to protect the traditions and culture of the Mora valley, which includes fourteen villages. One of their main concerns has been the proposed Mora Fish Hatchery, which the Association believes will threaten the quantity and quality of the valley's water resources and promote the recreational industry at the expense of the traditional agricultural base (it would be necessary to transfer surface water rights to underground rights to operate the hatchery). The Association believes that the millions of federal dollars that will be spent on the hatchery would be better spent on community economic development. Antonio Medina and Jose Maestas represent the Association on the coalition.

George Grossman of the Santa Fe Group of the Sierra Club is an active member of the coalition. He is the Vice Chair of the Rio Grande Chapter of the Sierra Club, and has been working on wilderness protection and acquisition for many years. The Sierra Club has generously supported the coalition by helping underwrite our daily expenses and raising the money to meet a matching grant.

Membership in the coalition is open to everyone.

Peñasco Youth and Family Center

By Jakob Schiller

The Peñasco Community Center committee met in May and June to discuss plans for the El Norteño building and adjacent residence. The demolition of the old residential area and the removal of any salvageable material, including the oak floor in the main part of the building, should be completed by the end of July. The salvageable materials will be auctioned off to raise money for the community center. Fill dirt will be brought in to level out the old residential area and to prepare for a concrete slab which will be poured in the main area. The renovation of the main building is scheduled to start around the first of August.

Workshop Held on How to Acquire Forest Service Thinning Contracts

On Saturday, June 29, Picuris Pueblo hosted a workshop on Timber Stand Improvement, presented by Jan- Willem Jansens of Forest Trust and Wilbur Rodriguez of the Carson National Forest timber staff. The workshop provided information on how to go about getting a contract with the Forest Service, specifically for thinning and small commercial sales such as viga sales and firewood sales. A field trip in the afternoon was planned for the Maestas Ridge area near Pot Creek, where Rodriguez and Jansens were to show how to identify tree species, diameter classes, and unhealthy trees, such as those infested with mistletoe.

Jansens explained that there are two basic approaches for individuals wishing to contract with the Forest Service: those who want to keep the operation as simple as possible by involving only the operator and his or her immediate family; and those who will be hiring employees and must adhere to more stringent regulations such as the Migrant Labor Protection Act, Labor Department safety regulations, and if there are three or more employees, the Worker Compensation Act. Safety regulations involve insurance, vehicle inspections, on-the-job accommodations for employees, etc.

Rodriguez, of the Camino Real Ranger District, went through the process of how to apply for a contract. First, you must get on what is called the bidder's list. To get on the list, simply send your name and address and what kind of work you are interested in contracting&emdash;i.e., thinning, trail work, road maintenance, campground maintenance&emdash;to the Contracting Officer at the Santa Fe National Forest Supervisor's Office. That officer, Dave Maez, is currently handling Carson and Santa Fe National Forest contracts. Rodriguez emphasized that anyone can ask to be put on this bidder's list, not just licensed contractors. Once you are on the list, you will be

sent a list of available jobs in the area you requested. Because of the current injunction on logging operations in the forest, thinning contracts are not being issued at this time, but information packets will be released as soon as the injunction is lifted.

Jansens listed the bidding classifications and the requirements of each: 1) those contracts worth under $2,500 which can be offered by the Forest Service on a non-competitive basis and are not advertised; 2) those between $2,500 and $25,000 which have to be advertised in post offices before they are awarded; and 3) those between $25,000 and $50,000 which must be advertised more extensively in newspapers and industry periodicals.

The Camino Real Ranger District is trying to make sales more easily available to small and first-time contractors by offering to break up sale areas. For instance, an area of 150 acres could be divided into 50-acre sections so that several contractors could work on the same sale. Rodriguez pointed out that while this requires more administrative work, it benefits more community members.

Several questions were asked about associations or groups of people getting together to bid on sales. Jansens pointed out that the non-profit group Forest Trust can bid on a sale like any other contractor and then decide how it wants to administer that sale. He reminded people there is a difference between a thinning contract and a commercial sale, like a viga or Christmas tree sale. In a thinning sale, a contractor is paid for his labor and the Forest Service keeps the timber. In a commercial sale, the contractor pays for the privilege of taking a forest product, like vigas, latillas, firewood, or Christmas trees. Rodriguez said that it is possible for the Forest Service to guarantee a thinning contractor the salvage rights to the trees, but if the contractor wants them for vigas or latillas, then the contractor is oftentimes less willing to cut the less desirable trees.

Rodriguez later went through the process of how to fill out bid forms and how to calculate the costs of a sale so that a bidder doesn't under bid. If you would like more information on the bidding process, or want to find out more specifically what contracts might be available, you can contact Forest Trust (983-8992), the Contracting Officer at the Santa Fe National Forest Supervisor's Office (988-6920), or specific contact people at each ranger district. Len Scuffham, at 758-8678, is handling timber stand improvement and planting contracts for all districts. You can call your local district offices for the names of contacts for trail maintenance, fence building, etc.