New Mexico law signed to help wildfire, flooding recovery - Associated Press
New Mexico Gov. Michelle Lujan Grisham on Monday signed a law to use zero-interest loans to help local governments in the arid, Southwest state repair or replace public infrastructure damaged by wildfires or subsequent flooding.
The law follows last year's historic Hermits Peak-Calf Canyon blaze that exploded into the largest wildfire in New Mexico's recorded history.
Begun in early April as a prescribed burn by the U.S. government, it grew into a monstrous blaze that blackened more than 530 square miles. Hundreds of homes in northern New Mexico were lost.
A subsequent report by the U.S. Forest Service said its employees made multiple miscalculations, used inaccurate models and underestimated how dry conditions were. Experts say the resulting environmental harms will endure for decades.
Congress and President Joe Biden have approved nearly $4 billion in recovery funds. The Federal Emergency Management Agency is still establishing claims offices.
The state law just signed sets aside $100 million in loans for counties, cities and municipalities to begin work on projects that could include a water treatment plant in Mora County or roads, bridges and fences in Las Vegas, where thousands of residents evacuated last spring.
"This funding will help get infrastructure rebuilt and repaired immediately, empowering our communities to continue to heal," the governor said in a tweet on Monday.
New Mexico's Department of Finance and Administration will manage the loan program.
Supporters of the legislation said earlier that state funding would go toward projects FEMA has indicated it will cover under federal guidelines. That means FEMA funds could be used by the local governments later to repay the state loans.
The U.S. Forest Service has resumed controlled burn operations nationwide after a 90-day pause to review prescribed fire policies and procedures.
5-year firearms enhancement dropped in Baldwin shooting case - By Anita Snow Associated Press
The prosecution in the case of a fatal New Mexico film-set shooting made a stark turnaround Monday, dropping the possibility of a mandatory five-year sentence against Alec Baldwin, new court filings show.
The actor-producer's attorneys had earlier objected to the enhancement, saying it was unconstitutional because it was added after the October 2021 shooting. Legal experts had said Baldwin had a strong chance of seeing it tossed out.
"The prosecutors committed a basic legal error by charging Mr. Baldwin under a version of the firearm-enhancement statue that did not exist on the date of the accident," Baldwin's attorneys said in an earlier court filing.
Baldwin's attorney declined to comment Monday after the reversal by prosecutors, who earlier criticized his efforts to have the sentencing requirement dropped. The related standard for the possibility of a mandatory five years would be reckless disregard of safety "without due caution and circumspection" and carried a higher threshold of wrongdoing.
The remaining alternative standard and set of penalties in the case now requires proof of negligence, which is punishable by up to 18 months in jail and a $5,000 fine under New Mexico law.
Heather Brewer, spokesperson for the New Mexico First Judicial District Attorney's Office, said in an email earlier this month that the prosecution's focus "will remain on ensuring that justice is served and that everyone — even celebrities with fancy attorneys — is held accountable under the law."
Baldwin and Hannah Gutierrez-Reed, the weapons supervisor on the set of the film "Rust," were charged last month with felony involuntary manslaughter in the shooting death of cinematographer Halyna Hutchins, who died shortly after being wounded during rehearsals at a ranch on the outskirts of Santa Fe.
Authorities said Baldwin was pointing a pistol at Hutchins when the gun went off, killing her and wounding director Joel Souza.
Hutchins' parents and sister have filed a lawsuit over the shooting after a similar suit filed by her husband and son was settled.
Production that was halted by the shooting is expected to resume this spring. Rust Movie Productions said Hutchins' widower, Matthew Hutchins, will be the film's new executive producer with Blanca Cline as the new cinematographer.
Rust Movie Productions said last week a related documentary will detail the completion of the film and the life of Halyna Hutchins.
Souza will return as director when production resumes, although it's unclear in what state the filming will take place.
Rust Movie Productions officials said the use of "working weapons" and "any form of ammunition" will be prohibited on the movie set.
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Associated Press writer Andrew Dalton contributed reporting from Los Angeles.
First disaster relief dollars for southern acequias to come from private donation - By Megan Gleason,Source New Mexico
Warmer, longer days mean farmers and ranchers need to start irrigating water. In parts of southern New Mexico, that work is stalled because damaged acequias are still running dry due to last year’s massive disaster season that started with the Black Fire.
Time is running out to fix up the irrigation systems that are needed for spring, and acequia stewards in the region, concerned about losing income this year, are still trying to get emergency disaster funds promised by the state to come down because they can’t afford to restore everything from their own checkbooks.
A recent private donation could help jumpstart some of the repairs needed.
Last month, a former Mimbres resident contacted acequia steward Danny Roybal. That person told Roybal they read about how acequias in the south are struggling with disaster recovery, and asked Roybal how much he needed to fix all the damage.
Roybal’s a mayordomo who watches over the Grijalva ditch association in Grant County. Just that system alone would take around $50,000 to fully repair, he said.
So that person, who asked to remain anonymous, wrote him a $50,000 check.
“That’s from a private, anonymous donor — not our state government or federal government or anything,” Roybal said. “Just somebody with a very, very, very kind heart.”
Roybal didn’t accept the donation right away. He said there are too many other acequia systems around him that also need help.
He sent the check over to the New Mexico Acequia Association last week, and the nonprofit said it will evenly distribute the funds in the coming days to about a dozen stewards that need to repair damaged Mimbres irrigation systems.
None of the dozens of Grant County acequias have gotten any state or federal funds. This private donation will be the first recovery money they will receive in the nine months since the disasters started.
Paula Garcia is the executive director of the New Mexico Acequia Association. She said for months the organization has been working with the southern disaster-affected irrigation systems, and calling them weekly to talk about recovery efforts.
“It's amazing how many months after the disaster, this private money will be the first money that they get,” she said.
It was the same situation for acequias hit by the Hermits Peak-Calf Canyon Fire in northern New Mexico. Western Sky Community Care, a health insurance agency, donated $100,000 in November 2022 that the association helped distribute. Ditch work had just recently started up there, she said, before the winter snow and cold put it on pause.
“These private donations are the first money that any of them are going to see,” Garcia said.
Jennie Bierner is the business manager for the Sierra County Water and Soil Conservation District, another area hurt by the Black Fire and flooding. She said that no acequias in the county have received any financial aid.
The floods post fire hit all five acequias in the county, she said. Bierner said people are using their own cash to patch up ditches because they need the water running now.
It’s all band-aid work, she added, and the infrastructure won’t last in the long run, especially when more floods hit.
“A lot of people are just having to find a way to fix their ditch so that they can irrigate and not lose everything that they already have planted,” Bierner said.
She said one system needs major funding for its repairs. In lieu of getting any state or federal funds or even private donations, she said the stewards increased their water dues so they can afford to fix it up.
“They’re spending money they don’t have to try to get the water back in,” Bierner said.
The Sierra County acequias aren’t eligible for the funds from the private donation. The money will only go to about a dozen acequias in Mimbres, which is located in Grant County. There are dozens more irrigation systems scattered across southern New Mexico that the fires and floods damaged.
Roybal said it’ll cost hundreds of thousands of dollars to get all the acequias in Grant County repaired, and not everyone will be covered fully by government or private aid.
But the $50,000 check is still a good start, Garcia said.
“A little bit of funding can go a long way,” she said.
Repairs now won’t put these acequias totally in the clear. Water will keep running off the charred land in the Gila for years, resulting in floods every monsoon season. That could easily tear up recently repaired channels all over again.
Roybal said he just wants the systems to be stabilized now and then to deal with flooding damage in the future. For example, he said, one of his neighbors has to create a concrete barrier soon so his ditch doesn’t just get washed out the next time it floods.
The next flood could come as soon as the snow melts.
Garcia said getting one irrigation done in spring, before the monsoons come again, could make a significant economic impact on a community that relies on crops and livestock that need water from the acequias.
She said this private donation could also serve as a moral boost. But, she added, this funding doesn’t make up for the other assistance that’s still needed.
“It's a good complement to state and federal disaster funding,” she said. “It definitely does not replace it.”
STATE-PROMISED FUNDS
In September 2022, Gov. Michelle Lujan Grisham signed an emergency declaration for some southern counties, making $750,000 available for fire or flood repair and prevention work. However, that money only works on a reimbursement basis and covers 75% of the work, leaving the other quarter to the locals.
Justin Gojkovich, Grant County Emergency Manager, said his county hasn’t received any of that money. Sierra County Commissioner Jim Paxon said the same.
Gojkovich said acequia repairs in Grant are on hold because he isn’t sure if the county will get reimbursed for that work. Stewards are now filling out state disaster paperwork to show damage costs and prove their eligibility.
In the meantime, the state committed around $375,000 in emergency money this month for acequias stewards to help cover the remaining bills left from the first round of funding.
Maggie Fitzgerald, spokesperson for the New Mexico Office of the State Engineer, said that money should be available after Feb. 23 when state agencies figure out work agreements. She said that funding doesn’t have any cost-share or reimbursement requirements.
Roybal said he’s still a bit skeptical about how soon that aid will come. After nearly half a year without any help, he said, it’s difficult to believe any money will arrive quickly.
“After so many months, all you hear is, ‘Yes, we're going to move it on, we're going to move it on,’” he said. “But nothing is here, now.”
Roybal said he’ll keep cautiously waiting until he hears “‘Yes, we have the money here, and we could get a contractor on the ground right now.’”
Bierner said even if the money comes through, these small counties don’t have the staff or capacity to administer it all correctly. This isn’t necessarily anyone’s fault, she said; a disaster just wrecked the region.
“It's just a matter of getting everybody on the same page,” she said. “Just because there's money doesn't mean it can be fully administered in the ways that it was intended.”
There’s no federal funding available for these communities. Billions are going to restore regions in northern New Mexico because the federal government claimed responsibility for the Hermits Peak-Calf Canyon Fire.
The cause of the Black Fire is still under investigation.
So the acequias in southern New Mexico can only turn to the state, Garcia said. Figuring out the disaster recovery process has been a steep learning curve for everyone, she added.
Garcia said there are some options with state agencies to help out with debris removal, which needs to happen as soon as possible. The N.M. Interstate Stream Commission already helped Grant County acequias figure out damage costs, she added.
Some state legislation is aiming to get more dollars down south, too, like a bill that would create a disaster recovery funding pot for acequias and a measure that would get $3 million for Black Fire victims.
Still, she said, there’s a lot of room for the state to improve its disaster response. She wants to see New Mexico be better prepared to handle disasters before they happen.
She added that the state’s disaster agencies are under-resourced and it’s a system issue that more money won’t necessarily fix.
“It's not going to happen in time for people to irrigate in March, and that's heartbreaking because we've already lost one irrigation season,” she said. “And we're probably going to lose a second one at the rate we're going.”
New Mexico bill seeks school board transparency, training — Susan Montoya Bryan, Associated Press
School board members across New Mexico would be required to disclose campaign contributions under a measure that cleared its first legislative hurdle on Saturday.
Currently only school board members representing districts that have more than 12,000 students are required to report donations, a threshold met by only four of the state's 89 districts.
"In the interest of transparency and fairness, communities, individuals, New Mexicans in small towns deserve to know what campaign contributions have been received by the candidates just as much as people in large towns do," said Rep. Natalie Figueroa of Albuquerque. "So we're striking that exemption and saying, 'Everybody, just everybody declare your campaign contributions.'"
The measure also would codify training requirements for board members and allow members to apply for a waiver to avoid state statutes prohibiting the hiring of family members. Supporters say it's often difficult for school districts in small communities to recruit people, and a waiver option could help.
Opponents say some mandates outlined in the bill would be burdensome, particularly the reporting of campaign contributions. They say candidates often use their own money to run and never receive outside donations.
Dymorie Maker, a member of the Lovington School Board and president of the New Mexico School Boards Association, said almost 60% of state school boards are in tiny communities.
"I grew up in a small community," she told the lawmakers. "If you want to know who, what, where, when and how much, go to the post office, go to the coffee shop — it's there. This is a punitive measure in these small communities."
The legislation's goal is to boost the quality of local school boards with enhanced training, accountability and transparency through reporting. It was developed by the nonpartisan group Think New Mexico, which recommended such reforms as part of a roadmap released last year amid persistent poor student performance.
Many districts already support training opportunities for board members when it comes to the legal aspects of their duties. But supporters said the legislation would go one step further by codifying training requirements and ensuring that members are up to speed on financing, budgeting and fiduciary responsibilities.
They also pointed to the importance of board members being knowledgeable about how they can evaluate the academic achievement of students and use data to set goals for each school.
Fred Nathan, executive director of Think New Mexico, said the role of a school board in determining the quality of public schools is often overlooked.
"School boards approve the district's budget, hire the superintendent and ultimately set the tone, culture and expectations for superintendents and schools," he said.
The measure also would require that board meetings be webcast and the recordings archived for public access.
The Legislature has reached the midpoint of its 60-day session, and the bill would have to clear one more committee before being taken up by the full House.
Court upholds ban against Cowboys for Trump co-founder — Morgan Lee, Associated Press
The New Mexico Supreme Court rejected a final appeal for reconsideration by a New Mexico politician and Donald Trump supporter who was removed and barred from elected office for his role in the U.S. Capitol riot on Jan. 6, 2021.
The court on Thursday closed out an appeal initiated last year by Cowboys for Trump co-founder and former County Commissioner Couy Griffin. Justices cited missed court filing deadlines by Griffin in rejecting his appeal.
With Griffin's banishment from elected office in September 2022, a Santa Fe-based District Court became the first to remove or bar an elected official in connection with the attack on the U.S. Capitol building that disrupted Congress as it was trying to certify President Joe Biden's 2020 election victory.
Griffin was previously convicted in federal court of a misdemeanor for entering the Capitol grounds on Jan. 6, without going inside the building. He was sentenced to 14 days and given credit for time served.
On Friday, Griffin accused New Mexico's high court of endorsing a "fraud pie," and vowed to petition the U.S. Supreme Court to intervene.
At trial in Santa Fe, Griffin invoked free speech guarantees in his defense and said his banishment from public office disenfranchises his political constituents in Otero County.
"The fight is far from over," Griffin said in a text message to The Associated Press.
Griffin was barred from office under provisions of the 14th Amendment to the U.S. Constitution, which holds that anyone who has taken an oath to uphold the Constitution can be barred from office for engaging in insurrection or rebellion. The provisions were put in place shortly after the Civil War.
Beyond New Mexico, Democratic lawmakers in a handful of states — including New York, Connecticut and Virginia — have proposed legislation this year that would prohibit anyone convicted of participating in an insurrection from holding public office or a position of public trust, such as becoming a police officer.
But in some instances, charges and convictions in the Jan. 6 riots haven't dampened personal political ambitions.
Republican Derrick Evans, a former West Virginia state lawmaker who served prison time for his role in the Jan. 6 riot, announced plans last month to run for a U.S. House seat in 2024.
A judge in Alaska ruled in December that a state legislator with ties to the far-right Oath Keepers group is eligible to hold office because he had no specific intent to "further the Oath Keeper's words or actions aimed at overthrowing the United States government."
Griffin, a 48-year-old former rodeo rider and former pastor, helped found Cowboys for Trump in 2019. The promotional group staged horseback parades to spread the former president's conservative message about gun rights, immigration controls and abortion restrictions.
Last year, Griffin voted twice as a county commissioner against certifying New Mexico's June 7 primary election, in a standoff over election integrity fueled by conspiracy theories about the security of voting equipment in the Republican-dominated county.
New Mexico Film Office qualifies 8 studios; 21 now statewide — Associated Press
The New Mexico Film Office has announced eight new qualified filming facilities around the state.
"Finding studio space is an industry-wide problem," Film Office director Amber Dodson told the Albuquerque Journal, "With the newly certified sites, it helps create the space we need for productions because there is so much demand for space."
Productions utilizing qualified facilities in New Mexico, as per the state's film incentive, are eligible for a 5% uplift on qualifying expenditures.
Dodson said with the eight additions, the list of Qualified Production Facilities is now 21 statewide.
The Journal said Albuquerque will be adding two new qualified production facilities: Hanover Studios, located on Albuquerque's West Side, and The Studios at Journal Center.
Hanover Studios offers a newly built 25,000 square-foot stage. A second duplicate stage is planned.
The Studios at Journal Center includes a 23,146 square-foot stage, a 21,000 square-foot mill space, dock access, a 10,000 square-foot space for production offices, as well as parking.
Dodson said the Santa Fe area now boasts two more qualified production facilities with Santa Fe Midtown Studios and Stanley Ranch, a standing set movie ranch located south of Santa Fe in the town of Stanley.
Tiger cub rescued in New Mexico finds new home in Colorado — Associated Press
A Bengal tiger cub found by Albuquerque police in a dog crate last month now has a new home in Colorado.
Officials at the ABQ BioPark Zoo, where the 4-month-old cub has been receiving care, told the Albuquerque Journal that he was transferred to The Wild Animal Sanctuary in Keenesburg, Colorado.
Caretakers there have named him Duke after Albuquerque's nickname of Duke City.
Albuquerque police officers served search warrants Jan. 10 on two residences in response to tips that a tiger was being illegally held at one of them.
Authorities spotted a blood trail and followed it to an unlocked trailer and that's where the tiger was found.
New Mexico bans residents from keeping tigers as pets and federal law now prohibits private owners from keeping tigers as pets or for breeding purposes.
BioPark Zoo officials said the cub could not stay with them because he was too "people-oriented." Also, he will eventually grow to be 400 pounds with long claws that can easily kill.
He had to undergo a 30-day quarantine period there. During that time, the zoo worked with the New Mexico Department of Game and Fish to find the tiger a permanent home.
Because his genetic lineage was unknown, the animal was ineligible for a breeding program or zoo accredited by the Association of Zoos and Aquariums.
Florida man sentenced in New Mexico pile-up that killed 4 — Associated Press
A Florida man who New Mexico authorities say drove recklessly before causing a pile-up that killed four people has been sentenced.
The U.S. Attorney for the District of New Mexico announced Thursday that 50-year-old Alexis Riego, of Merritt Island, Florida, received a sentence of five years and 10 months for the 2019 crash.
He will then serve three years of supervised release.
A federal jury convicted him in September of four counts of involuntary manslaughter and two counts of assault resulting in serious bodily injury.
Riego was driving a commercial vehicle on Sept. 7, 2019 when he crashed into a line of cars in a construction zone on Interstate 40 near the Laguna Pueblo, according to court documents. The crash caused a six-car pile-up. Besides the four fatalities, two others were injured.
Prosecutors say Riego was speeding and using his cellphone. They say Riego was video chatting at the time.