Former NM Congresswoman Torres Small confirmed as USDA deputy secretary - By Nash Jones, KUNM News
The U.S. Senate Tuesday confirmed New Mexico’s Xochitl Torres Small as the next deputy secretary of the Department of Agriculture.
Torres Small worked as a water rights attorney before representing the state’s southern congressional district. After losing re-election, she became USDA under secretary for rural development in 2021.
USDA Sec. Tom Vilsack credited Torres Small with what he called “record progress” in improving access to affordable energy and housing, as well as high-speed internet in rural communities across the country.
In her hearing before the Senate Agriculture Committee in May, Torres Small highlighted her upbringing as the daughter of educators and granddaughter of farmworkers in southern New Mexico. Chair, Democratic Senator Debbie Stabenow, described Torres Small as a “staunch advocate for our rural communities.”
Stabenow said Torres Small’s unanimous support in committee and 84-8 confirmation by the full Senate helps show bipartisanship is possible in Congress.
As deputy secretary, Torres Small will oversee around 100,000 USDA employees across more than 4,500 locations. In her hearing, she said she’d focus on recruitment and retention of the agency’s aging workforce and streamlining processes for farmers and ranchers.
She takes over for Jewel Bronaugh, who resigned earlier this year.
House GOP encourages parents to ask schools to notify before providing info on gender identity, abortion, contraception — Albuquerque Journal, KUNM News
New Mexico’s House Republicans Monday released a form for parents to request prior notice before a school gives their children access to or teaches them what they call “controversial topics.” Those include primary and mental health care, contraception, abortion, gender identity and transition-related medical care.
The Albuquerque Journal reports the caucus says the form responds to two new laws — one that protects access to reproductive and gender-affirming health care, and another that creates school-based health centers.
The caucus says on its website that the bills “sever parental notification” on the topics. However, neither bill increases student confidentiality or restricts parental consent.
House Bill 7 sponsor, Democratic Rep. Linda Serato, told the Journal that the form “definitely misleads individuals on what this bill does.” She says the legislation only aims to protect those who access the stigmatized medical services from persecution or prosecution.
Republican Rep. Luis Terrazas couldn’t point to where the law restricts parental notification, but told the Journal that it’s ambiguous and the form helps clarify the matter.
Its cover letter tells parents that, “A minor child cannot consent to his/her own educational decisions or medical treatment.” However, New Mexico law allows minors 14 years old and up to consent to sexual and mental health care on their own. And those 14 and up with children or who live away from home can consent to all medical care, according to the New Mexico Alliance for School-Based Health Care.
Terrazas told the Journal that, even if the law doesn’t lack clarity, it shouldn’t be a problem for parents to ask to be notified and he hopes school districts will honor their requests.
New Mexico jury awards $485 million in damages in case of girl sexually assaulted in foster care - Associated Press
A jury has awarded $485 million in damages in a civil case brought on behalf of an 8-year-old girl who was repeatedly sexually assaulted in a New Mexico foster care program.
The Albuquerque Journal reports that the verdict came after nearly two weeks of testimony that focused in part on allegations of corporate negligence against the defendants in a Rio Arriba County courtroom.
The foster care program allegedly placed the girl in the home of a foster parent knowing he had been accused of sexual assault, the newspaper said.
Clarence Garcia, 66, pleaded guilty in January to seven counts of criminal sexual contact with a minor and was sentenced to up to 20 years of probation.
According to the Journal, Garcia was accused of sexually abusing six children under his care over six years.
In April, probation officers found that Garcia allegedly violated his probation after they searched his property and found bags of children's stuffed animals, a yoga book "with young children in suggestive poses" and accessories for firearms, according to court records reported by the newspaper.
He faces an Aug. 3 sentencing hearing that could send him to prison for up to 42 years. the newspaper said.
The jury awarded $80 million in compensatory damages and $250 million in punitive damages against the operator of a now-defunct licensed residential treatment facility in New Mexico.
Two other foster care programs will pay $75 million apiece with $5 million in punitive damages connected to Garcia's conduct.
Judge OKs states’ plan to end Rio Grande dispute - Danielle Prokop, Source New Mexico
Last week, a federal judge gave his stamp of approval on a proposed settlement to end a lawsuit between Texas and New Mexico over Rio Grande water. The move potentially ends a decade of litigation in the nation’s highest court with barely a splash.
U.S. 8th Circuit Judge Michael Melloy – overseeing the case as a special master – gave the nod last week to the plan proposed jointly by attorneys from New Mexico, Texas and Colorado.
In his order, he recommended the U.S. Supreme Court to approve the plan over the objections of the federal government.
THE PLAN AND THE OBJECTIONS
In 2013, Texas sued New Mexico in the U.S. Supreme Court, alleging that groundwater pumping below Elephant Butte Reservoir was shorting Texas’ share of Rio Grande water.
Texas said New Mexico’s actions violated the 1938 Rio Grande Compact – the agreement between Colorado, New Mexico and Texas to split the river’s waters. The Federal government later joined the case, arguing that New Mexico pumping threatened its treaty with Mexico and contracts with regional irrigation districts.
Late last year, New Mexico, Texas and Colorado proposed a settlement establishing how Rio Grande water would be split below Elephant Butte Reservoir. New Mexico would receive 57% of the Rio Grande water while Texas would receive 43% (all excluding Mexico’s share). It establishes a new index that factors groundwater pumping into those formulas, which are based off of a period of drought from 1951-1978.
There would also be a requirement to measure how much water is crossing the Texas-New Mexico state line at the El Paso Gage.
Attorneys for the federal government argued the states could not make a deal without their approval, and said that implementing the plan would impose new burdens on federal agencies.
Finally, the plan allows New Mexico and Texas some flexibility on water delivered at the state line, with guidelines for each state to follow if that delivery is above or under the agreed upon amount for each state. It imposes stricter penalties if New Mexico misses goals multiple years in a row.
“The Consent Decree answers the apportionment question, imposes a general duty of internal water management on New Mexico to achieve the apportionment,” Melloy wrote.
He further said the agreement sufficiently protects water obligated to Mexico in a 1906 treaty.
In over 123 pages, Melloy outlined his argument for how the proposed plan was “fair and reasonable” and why the objections of the federal government can be addressed in other places – such as state courts and proceedings.
“There is nothing unreasonable or unfair in accepting the Consent Decree that protects the Texas apportionment and the Treaty water today leaving details concerning actions by New Mexico for future resolution,” Melloy wrote.
He disagreed that the plan would impose new obligations on the federal government, writing that the changes “amount to additional nuance,” to how federal agencies have operated over the past four decades.
While the court allowed the federal government to intervene in the case, Melloy wrote, many of those factors– such as the federal government’s former alignment with Texas – no longer exist.
“The United States should not be allowed to block the Consent Decree and force the Compacting States to continue litigating this original jurisdiction action against their jointly and clearly expressed wishes,” Melloy wrote.
New Mexico Attorney General Raúl Torrez celebrated the decision in a press release last Friday.
“The Special Master’s decision is one more step in the right direction for New Mexicans and other arid western states,” he said in a statement. “We agree full heartedly with (the) decision and look forward to a full vindication of our rights as states, to decide our own futures in terms of water use.”
The U.S. Supreme Court ended its session in late June and won’t reconvene until late September. The court will address Melloy’s report, and possibly call for any objections to be submitted to the court by a deadline – which can range between 45 days to 60 days.
The next step is unclear until the court is back in session, said Samantha Barncastle, who represents Elephant Butte Irrigation District in the case. The irrigation district in Southern New Mexico is not a party in the case but is still involved in the settlement discussions, addresses the court and holds significant water rights in the region.
“Our next step will depend on the decisions the United States has to make as to whether they take exception,” Barncastle said.
She will talk with the board during a closed session Thursday in Las Cruces about the report, she said.
“The board remains committed to working with all of the agencies involved, regardless of what court orders come down towards solutions that work for our community as a whole,” she said.
In water legal battles, it’s not over until it’s over.
The federal government’s situation is unusual in this case, said Reed Benson, a professor in water law at the University of New Mexico School of Law.
“I think that the feds are going to have a hard time keeping the Supreme Court from approving the settlement,” Benson said. “They clearly did not convince the special master that their interests were sufficiently compelling to block the settlement, and he thinks it’s a reasonable settlement.”
However, because the U.S. Supreme Court allowed the federal government to intervene in the case; they may put greater weight on the federal government’s concerns if they submit objections to the special master’s report.
“This aint over,” Benson said. “Until it is, we all should recognize there may still be a twist in this tale.”
Across the US Southwest, residents in desert cities like Phoenix are experiencing extreme heat wave - By Terry Tang Associated Press
Even Southwestern desert residents accustomed to scorching summers are feeling the grip of an extreme heat wave smacking Arizona, Nevada, New Mexico and Southern California this week with 100-degree-plus temps and excessive heat warnings.
To add insult to injury, the region has been left high and dry with no monsoon activity, which can help offset the blazing temperatures. In Arizona, the monsoon season officially begins June 15 and can bring powerful storms with high winds, lightning and heavy bursts of rain.
The heat has made parts of Phoenix feel like a ghost town. Sunset concerts were canceled, and covered restaurant patios equipped with cooling misters sit empty.
On Monday, Martin Brown and his black Labrador, Sammy, escaped the heat in Phoenix by going to the lobby of Circle the City, an air-conditioned walk-in health clinic for homeless people that is also a designated hydration station. Anyone can come in to sit, to get bottled water, and to find snacks like a burrito or ramen.
"We're homeless, so we don't have a choice. Well, we have a choice: We can sit at the park and swelter in the heat, but no thank you. This is much better," Brown said.
He spends five days a week at the center during business hours to escape the "jungle hot" time of day outside. He then takes the bus back to the park at night.
In recent years, Phoenix has taken various actions to limit risks for heat-related illness. When the National Weather Service issues an excessive heat warning, three of the city's most popular hiking trails close from 11 a.m. to 5 p.m.
In 2016, officials voted to ban hiking with dogs on trails when the temperature exceeds 100 degrees Fahrenheit. City park rangers oversee enforcement and citations for violations, said Adam Waltz, a city spokesperson.
On Tuesday, Phoenix reached 110 degrees F for the 12th consecutive day, according to the National Weather Service. The longest recorded stretch so far was 18 days in 1974.
The high pressure needed to generate monsoon storms just isn't in the right position, according to state climatologist Dr. Erinanne Saffell, so metro Phoenix is left with below normal precipitation levels and dry conditions that facilitate hotter temperatures. Also, some experts believe this year's heavier snowpack in the West took more energy to melt, prolonging the progression of a high-pressure system this summer.
"It just kind of delayed everything," Saffell said.
Stepping outside is like walking into a giant hair dryer. Accidentally brushing metal and other surfaces can feel like touching a hot stove.
All the concrete and pavement in sprawling Phoenix contributes to the misery, as sidewalks and buildings bake all day and release accumulated heat slowly overnight. During the current wave, the temp isn't dipping below 90 degrees F. This cycle makes Phoenix an urban heat island.
"Phoenix in the early 1900s would average about five days a year where they had 110 degrees or higher. Now you count the last 10 years, it's about 27 days a year. That's five times more," Saffell said.
The city is in its third year of implementing a Cool Pavement program. Pavement that reflects heat and sunlight has been installed on over 100 miles of asphalt. The new surface is supposed to lower ground temperature.
Las Vegas could also see the mercury reach between 110 and 115 degrees F this weekend, according to the National Weather Service. In Albuquerque, New Mexico, temperatures were forecast to be between 100 and 103 F on Tuesday with a heat advisory in effect all day. Inland areas of Southern California are predicted to see conditions peak between 100 and 113 F from Friday through Sunday.
Every summer, libraries, churches and other facilities in Phoenix serve as cooling centers or hydration stations for those who need refuge.
Isaiah Castellanos spent Monday morning inside the city library's downtown branch and planned to return after grabbing lunch. A liver transplant recipient, Castellanos said his medications make him sunburn easily. He can't afford to go to the movies or to a museum, so the free public library is his go-to place to escape his home, which doesn't have strong air conditioning.
"It's quiet. I'll turn on my music and read a book or watch YouTube with my headphones, but also stay cool," Castellanos said.
Melody Santiago, who oversees the front office of the Circle the City clinic, said some people are so grateful they return with thank-you cards or cookies. She is certain more people will come into the center over the next week.
"It's getting really hot, and they have nowhere else to go," Santiago said. "It's an eye-opener: You never know, you could be there too."
APS looks to fill 740 positions at job fair — By Nash Jones, KUNM News
Amid a special education teacher shortage, the state's largest school district is hosting a job fair Tuesday, July 11, in hopes of expanding its ranks. Albuquerque Public Schools says it’s hoping to fill 740 positions both in and outside the classroom — some on the spot.
The district says some of its most crucial vacancies are for special education teachers. That’s despite its recent decision to cut special education services in social studies and science.
The state recently increased teacher pay, which the district is highlighting on its website. Educators just starting out will make $50,000 annually, with the most experienced eligible for $70,000 a year.
The district is also looking to hire educational assistants, who also got a raise this year. The state Legislature more than doubled the starting salary for EAs to $25,000.
Outside the classroom, the district says its top needs are for bus drivers and custodians, but that there will be plenty of other positions up for grabs as well. Its job board includes openings for counselors, coaches and clerical workers among others.
APS says applicants must pre-register for the event and should bring a resume. It recommends applying online beforehand to quicken the hiring process.
The job fair will be held Tuesday from 9 a.m. to noon at the APS Berna Facio Professional Development Center.
How extreme heat takes a toll on the mind and body, according to experts - By Susan Montoya Bryan Associated Press
The Southwestern U.S. is bracing for another week of blistering temperatures, with forecasters on Monday extending an excessive heat warning through the weekend for Arizona's most populated area, and alerting residents in parts of Nevada and New Mexico to stay indoors.
The metro Phoenix area is on track to tie or to break a record set in the summer of 1974 for the most consecutive days with the high temperature at or above 110 degrees Fahrenheit (43 Celsius). Even the morning low temperatures are tying historic records.
Along the U.S.-Mexico border, federal agents reported that extreme temperatures over the weekend contributed to 45 people being rescued and another 10 dying.
With so many consecutive days of excessive heat, forecasters, physicians and local health officials throughout the Southwest are recommending that people limit their outdoor exposure and know the warning signs of heat illness.
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KNOWING THE SIGNS
From heavy sweating and dizziness to muscle spasms and even vomiting, experts say heat exhaustion and heat stroke are likely to become more common. In coming decades, the U.S. is expected to experience higher temperatures and more intense heat waves.
Heat stroke is the most serious heat-related illness and happens when the body loses its ability to sweat.
The skin gets hot and red, and the pulse quickens as the person's body temperature climbs to 103 F (39 C) or higher. Headaches set in, along with nausea, confusion and even fainting.
Jon Femling, an emergency medicine physician and scientist at the University of New Mexico, said the body tries to compensate by pumping blood to the skin as a way to cool off. And the more a person breathes, the more they lose fluids, becoming increasingly dehydrated.
Important electrolytes like sodium and potassium also can be lost when sweating.
"So one of the first things that happens is, your muscles start to feel tired as your body starts to shunt away," he said. "And then you can start to have organ damage where your kidneys don't work, your spleen, your liver. If things get really bad, then you start to not be perfusing your brain the same way."
Experts say it's important to recognize the signs of heat stroke in others, as people may not realize the danger they're in because of an altered mental state that may involve confusion.
In the case of heat stroke, experts suggest calling 911 and trying to lower the person's body temperature with cool, wet cloths or a cool bath.
With heat exhaustion, the body can become cold and clammy. Other signs include heavy sweating, nausea, muscle cramps, weakness and dizziness. Experts say the best thing to do is to move to a cool place, loosen clothing and sip some water.
Older people, children and those with health conditions can face greater risks when the temperatures are high.
During extreme heat events, one of the most common ways people can die is from cardiovascular collapse, experts said, because of the extra energy the heart has to expend to help the body compensate for the hot temperatures.
In general, health officials say staying indoors, seeking air-conditioned buildings and drinking more water than usual can stave off heat-related illnesses. Caffeine and alcohol are no-nos. Eating smaller meals more often throughout the day can help.
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LEARNING THE LIMITS
Researchers at Arizona State University are trying to better understand the effects of extreme heat on the body and what makes hot weather so deadly.
They're using a special thermal mannequin called ANDI that is outfitted with nearly three dozen different surface areas that are individually controlled with temperature sensors and human-like pores that produce beads of sweat.
"A lot of research that I and my colleagues do is just really focused on understanding how people are responding to higher levels of extreme heat over longer periods of time and then what we can do about it," said Jenni Vanos, an associated professor at ASU's School of Sustainability.
There are 10 thermal mannequins in existence, with most used by athletic clothing companies for testing. ASU's manikin is the first that can be used outdoors thanks to a unique, internal cooling channel.
The university also has developed a new "warm room," or heat chamber where researchers can simulate heat-exposure scenarios from around the globe. Temperatures can reach 140 F (60 C) inside the room — and wind and solar radiation can be controlled for experiments.
Vanos said measuring short- and long-wave radiation in the environment can also tell researchers how much a surface — or a person — in a specific location of a city would heat up.
"And so under these extreme conditions, what's going to really be able to be modified or changed within the urban environment is shade," she said. "In a place like Phoenix or really any sunny hot area, shade is a really critical factor to be able to reduce that overall heat load of the human body."
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FINDING RELIEF
While air conditioners are cranked up and fans are blowing full blast, residents across the region are anxiously awaiting the start of the monsoon season, hoping it will help to keep the heat at bay.
But so far, the summer thunderstorms — which usually bring cloud cover, lightning and downpours to the Southwestern desert — are absent due to the ongoing El Niño weather pattern, National Weather Service meteorologist Sam Meltzer said.
"It looks like things are going to be abnormally dry over the next couple of months," Meltzer said, noting that storms that might break the heat depend on wind patterns drawing moist air from the Gulf of California into Arizona, New Mexico and Nevada.
"But that doesn't mean we aren't going to get thunderstorm activity," Meltzer said. "It just might be delayed."
Meltzer worked in Phoenix before transferring last winter to Las Vegas. He noted that while temperatures rose last month in the Phoenix area, June stayed abnormally cool in southern Nevada.
The official daytime temperature at Harry Reid International Airport in Las Vegas remained below 100 F (37.8 C) for a record 294 days before temperatures reached 102 F (38.9 C) on June 30. The previous record of 290 days, from 1964 to 1965, had stood for 58 years.
Still, it's not just the air temperature that people need to worry about, Vanos said. Humidity can make it more difficult for the body to produce sweat as a way to cool off.
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Associated Press writers Ken Ritter in Las Vegas and Walter Berry in Phoenix contributed to this report.