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THURS: U.S. Supreme Court hears Rio Grande water case, + More

The U.S. Supreme Court on Wednesday March 20, 2024 ahead of oral arguments in a case over how Rio Grande water is managed between New Mexico, Texas and the federal government.
Danielle Prokop
/
Source New Mexico
The U.S. Supreme Court on Wednesday March 20, 2024 ahead of oral arguments in a case over how Rio Grande water is managed between New Mexico, Texas and the federal government.

U.S. Supreme Court questions both positions in Rio Grande water case - Danielle Prokop, Source New Mexico 

The nation’s highest court will decide what’s next for a 10-year-old case over Rio Grande water.

On Wednesday, attorneys for Texas and New Mexico came to the defense of a proposed deal allocating Rio Grande water between the states against federal opposition to the agreement at the U.S. Supreme Court.

Justices scrutinized both sides in a case that weighs issues of state sovereignty and the federal government’s role in managing water in the Southwest.

A decision on the case could come in the summer. If the court rules in favor of the states, it could change historic water agreements and show some resolve between Texas and New Mexico in long-standing disputes over the river’s resources.

WHO’S WHO?

Colorado is party to the case as a signatory of the compact, but the dispute stems from a disagreement between New Mexico and Texas.

Climate change is ratcheting up the pressure for rivers and people who rely on them across the Southwest. New Mexico, which relies on snow-fed rivers and groundwater, is particularly vulnerable with scientists estimating the state could lose between 25% to 30% of its water supply by 2040.

The case started in 2014 when Texas took New Mexico to court, alleging that groundwater pumping south of Elephant Butte was pulling too much Rio Grande water owed to Texas under the 1938 Rio Grande Compact.

The federal government has a history in the region, and a series of lengthy court battles over its operation of the federal network of dams, ditches and canals to provide for treaties and two irrigation districts in the region – called the Rio Grande Project.

Frederick Liu, assistant to the solicitor general, opened oral arguments with the federal government’s top objections.

He said the proposed deal should be rejected because it violates the Rio Grande Compact, and contradicts federal and state obligations. And, he added, the case cannot be settled over federal objections.

After the justices questioned Liu, attorneys for the states defended their proposed agreement.

They argued the deal is consistent with the Rio Grande Compact, and said that any disputes around the Rio Grande Project could be addressed in state and federal courts. They pointed to the court’s desire for states to settle water disputes and noted this proposal has support from the federal judge assigned to independently review the case.

WHAT’S THE FEDERAL GOVERNMENT’S ROLE IN 2024?

In 2018, justices examined the federal government’s role and unanimously agreed to allow it to join the case.

The short opinion stressed that the history of the Rio Grande Compact was “inextricably intertwined” with federal operation of the Rio Grande Project, and allowed the U.S. to intervene.

Justice Neil Gorsuch wrote that the United States could defend “distinctly federal interests” in its role operating the Rio Grande Project. Further, he wrote that the federal government’s argument and proposed remedy was aligned with Texas.

He cautioned in 2018 the opinion did not answer the questions of whether the federal government could force the state to follow compact obligations nor “expand the scope of an existing controversy.”

Wednesday, Gorsuch said Liu was “making me regret that decision” to allow the federal government to intervene.

In a series of sometimes tense verbal exchanges with Liu, Gorsuch said the federal government was making a “dramatic expansion” of its authority in a case of a dispute and settlement between states.“You’re asking us to say that two states cannot resolve their disagreement in this court consistent with the Compact so long as the United States objects,” Gorsuch said. “That’s the upshot of what we’re being asked to enforce here.”

Liu disagreed, blaming the states.

“They’re the ones who are bringing us into this by saying, ‘We’re not just withdrawing from the litigation, we’re taking you with us, and on the way out we’re going to impose a host of obligations on you,’” Liu said.

Justice Elena Kagan asked Liu what the federal government wanted from the Supreme Court. Liu responded the federal government is still seeking an injunction to prevent groundwater pumping in New Mexico from interfering with the Rio Grande Project.

He said groundwater pumping in New Mexico is occurring at “unsustainable levels.”

“Down the road, we might not have enough water to meet irrigation demands in the districts and Mexico,” Liu said.

STATES DEFEND PROPOSAL

In response, attorneys for Texas and New Mexico made four arguments.

They said new calculations in their proposal for how much water Texas and New Mexico would receive is consistent with the Rio Grande Compact.

The proposal shows cooperation by the states to meet settlement demands by the court on water cases, said Lanora Pettit, the principal deputy solicitor general representing Texas.

Lawyers also argued that in 2022, 8th Circuit Appeals Judge Michael Melloy reviewed negotiations and recommended the Supreme Court adopt the states’ proposal over federal objections.

Lawyers further said proposed changes to the Rio Grande Project are fundamentally a New Mexico state law and reclamation law issue. Federal government complaints can be pursued in those courts, they argued.

Justice Sonia Sotomayor seemed dubious of the argument that the federal government has additional avenues in other courts to resolve its issues.

Sotomayor said there isn’t a formal decision in the lower Rio Grande and characterized the states’ argument as “saying the compact settles the question: they’re stuck with it?”

Pettit answered yes.

“Isn’t that – you’ve given your whole case away?” Sotomayor asked.

Kagan was also skeptical.

“The compact is inextricably intertwined with the Rio Grande Project and the downstream contracts, which, of course, are federal in nature,” she said.

Jeff Wechsler, New Mexico’s attorney, said the federal government’s objections do not address what the proposed deal resolves, which is the amount of Rio Grande water owed to each state.

“The United States is really arguing about: How does New Mexico satisfy its obligations? That is, which specific water users within New Mexico must shut down wells, how New Mexico should be administering water.”

Justice Ketanji Brown Jackson asked how to reconcile that stance, wondering about the connection between how much water the states receive and the concerns about the impact groundwater pumping has on federal dams, ditches and canals.

Wechsler said the Rio Grande Compact determines the amount each state receives, and the federal government operates the federally run water systems within that allocation.

What now?

It will likely be months before the Supreme Court’s decision is issued.

After the arguments, New Mexico’s State Engineer Mike Hamman said he thought the court may split over the issue, but he was optimistic about a win.

“I think the state’s position was argued well,” he said.

Samantha Barncastle, the attorney representing Elephant Butte Irrigation District, said that the “Supreme Court will set us on the right path,” and that she’s looking forward to additional settlement talks.

Lawsuit in New Mexico alleges abuse by a Catholic priest decades ago - Associated Press 

A man who says he was sexually abused as a boy by a priest in New Mexico in the 1960s sued the church and diocese this week, the latest case to surface in the state as the Roman Catholic Church wrestles with the global clergy sex abuse scandal.

The suit filed Tuesday in state district court in Las Cruces seeks unspecified compensation for the unnamed victim. His lawyers say he is now 62 and has been "suffering in silence for over 50 years."

The complaint names as defendants St. Joseph Parish in Lordsburg and the Catholic Diocese of El Paso, Texas, which oversaw the southern New Mexico parish before the creation of the Las Cruces Diocese in the 1980s.

It details alleged abuse by the Rev. Lawrence Gaynor, who died in 1978 at age 75. Gaynor was included in a list of accused priests that was released by the El Paso diocese in 2019.

Many clergy abuse allegations in New Mexico date back decades. In 2022, the Archdiocese of Santa Fe, the state's largest diocese and one of the nation's oldest, reached a $121.5 million agreement to settle nearly 400 abuse claims.

In recent years the Las Cruces Diocese turned over to state prosecutors the personnel files of more than two dozen priests accused of sexually abusing children.

The new lawsuit says the plaintiff was the victim of sexual abuse and exploitation by Gaynor from around late 1967 to early 1968 when the priest was at St. Joseph Parish, with the abuse stopping only when the boy and his family moved away.

According to the suit, the El Paso Diocese was aware of Gaynor's "proclivity for child sexual abuse since 1965." It says the diocese's Bishop Sidney Metzger — who served in the post from 1942 to 1978 and died in 1986 — disregarded explicit warnings from psychologists that Gaynor should be placed under indefinite supervision at an isolated monastery in Jemez Springs, New Mexico.

St. Joseph Parish is alleged to have done "nothing to warn vulnerable parishioners" when Gaynor was placed in Lordsburg.

The El Paso Diocese is aware of the lawsuit, spokesman Fernando Ceniceros said. He declined to comment further on the pending litigation.

There was no immediate response to phone messages seeking comment that were left with St. Joseph Parish on Thursday.

Ben Davis, an attorney with one of the Albuquerque law firms that filed the suit, said his firm has handled hundreds of clergy abuse cases since 2016.

"Some settlements have been in seven figures," Davis said. "But it's not about the money. What we are seeking is justice for the victim."

Woof! Woof! Woof! March Madness watch party for UNM Lobos set for Civic Plaza - City Desk ABQ Staff Report

This story was originally published by City Desk ABQ

Looking for a spot to watch the Lobos compete in the first round of the NCAA tournament?

The city is hosting a March Madness watch party on Civic Plaza tomorrow so fans can cheer on the team in the match against the Clemson Tigers. It’s the first time in a decade that the team has made it to the NCAA tournament.

The event coincides with the city’s Food Truck Fridays, which kicked off earlier this month, and includes: ABQ Rice Box, In Pizza We Trust, Busy Bee Custard, Good Dawg Catering, and Gourmet Doner Kebab. The event starts at 11 a.m. and screening begins at 12:30 p.m. at Civic Plaza in Downtown Albuquerque.

NM housing agency predicts increase in foreclosures on home loans it oversees - Patrick Lohmann, Source New Mexico 

An official at the New Mexico Mortgage Finance Authority expects foreclosures to double this year on mortgages it oversees in the state, citing the wind-down of federal pandemic protections, high interest rates and other factors.

Theresa Lloyd, the authority’s director of servicing, told the board at a meeting Wednesday that some New Mexicans with subsidized loans are “already at the end of their rope” to avoid foreclosure and face the end of programs that could help them stay housed.

Last year, 36 New Mexico households with home loans overseen by the Mortgage Finance Authority saw their house go into foreclosure and then resold to a new buyer. Lloyd predicts there could be between 60 and 75 such foreclosures this year.

“I hope I’m wrong,” she said in an interview with Source New Mexico.

That number is a tiny subset of more than 13,000 home loans the authority oversees that were issued since June 2016 to low-and middle-income borrowers. The worrying trend, Lloyd said, will prompt the authority to dig deeper to understand the fates of those losing their homes and what could have prevented that from happening.

And even though it’s a small number, people lost their homes, Lloyd told board members. “But where they landed, I don’t know.”

Lloyd could not describe to board members any factors common to the New Mexico households who lost their homes, or say whether private investors bought the newly vacant homes at auction. Following questions from board members, she said her team at the Mortgage Finance Authority will look more closely at the issue going forward.

“It’s not a big number,” board member Rebecca Wurzburger said of the foreclosures. “But it is a big number if you’re the person that loses your home.”

The prospect of increased foreclosures occurs during a statewide housing affordability crisis and a sharp increase in homelessness statewide.

During the legislative session, lawmakers approved nearly $200 million for housing investments, which they touted as “historic.” The Mortgage Finance Authority received a one-time payment of $50 million for a housing affordability trust fund, and the New Mexico Finance Authority got $125 million for affordable housing infrastructure loans.

Lloyd said lifting pandemic-era laws prohibiting foreclosures on owner-occupied homes is a big reason behind the increase. Many of the households at the cusp of disclosure have exhausted a range of programs the authority offers to help defer payments or create new payment plans, she said.

Also, high interest rates make it harder to take advantage of the MFA’s programs for mortgage refinancing, she said.

Earlier this month, the MFA stopped accepting applications for direct mortgage assistance from the Housing Assistance Fund, which paid households up to $30,000 toward their mortgage if they suffered pandemic-related income losses. Lloyd said the authority ran out of money.

The authority, with money Congress awarded at the beginning of the COVID-19 pandemic, paid more than $45 million to 4,410 applicants, according to the program’s website.

The mortgages in question were provided through federal agencies or enterprises, like Fannie Mae, Freddie Mac or Ginnie Mae, and the state Mortgage Finance Authority services them.

Lloyd said at the meeting that the authority has no wiggle room to prevent foreclosures.

“We have to follow their guidelines,” Lloyd told board members.

Biden touts Arizona as America's 'future' as government invests $8.5 billion in chipmaker Intel - By Seung Min Kim and Josh Boak, Associated Press

President Joe Biden on Wednesday celebrated an agreement to provide Intel with up to $8.5 billion in direct funding and $11 billion in loans for computer chip plants around the country, talking up the investment in the political battleground state of Arizona and calling it a way of "bringing the future back to America."

The Biden administration has predicted that the cash infusion should help the U.S. boost its global share of advanced chip production from zero to 20%. The Democratic president highlighted the investment while visiting Intel's Ocotillo campus in Chandler, Arizona, where he inspected silicon wafers and expressed amazement at how thin the chips are.

In remarks after a tour, Biden pivoted to the impact his policies could have on the U.S. economy as he tries to translate his policy wins into a political boost ahead of November's election. Intel plans to invest in facilities in Arizona, Ohio, Oregon and New Mexico, with some of the government money helping to support workforce development.

"This isn't just about investing in America," Biden said, "It's about investing in the American people as well."

Commerce Secretary Gina Raimondo said the deal reached through her department would put the United States in a position to produce 20% of the world's most advanced chips by 2030, up from zero. The U.S. designs advanced chips, but its inability to make them domestically has emerged as a national security and economic risk.

"Failure is not an option — leading-edge chips are the core of our innovation system, especially when it comes to advances in artificial intelligence and our military systems," Raimondo said on a call with reporters. "We can't just design chips. We have to make them in America."

The funding announcement came amid the heat of the 2024 presidential campaign. Biden has been telling voters that his policies have led to a resurgence in U.S. manufacturing and job growth. His message is a direct challenge to former President Donald Trump, the presumptive Republican presidential nominee, who raised tariffs while in the White House and wants to do so again on the promise of protecting U.S. factory jobs from China.

Biden told Intel employees during his tour, "You're bringing the future back to America."

Biden narrowly beat Trump in Arizona in 2020 by a margin of 49.4% to 49.1%.

After the announcement, Biden flew to Texas to headline a pair of Dallas-area campaign fundraisers, with the first event a sellout that raised $2.5 million, said trial lawyer Russell Budd, one of the hosts.

"Mr. President, you're the hottest ticket in Texas tonight," Budd told Biden.

U.S. adults have dim views of Biden's economic leadership, with just 34% approving, according to a February poll by The Associated Press-NORC Center for Public Affairs. The lingering impact of inflation hitting a four-decade high in 2022 has hurt the Democrat, who had a 52% approval on the economy in July 2021.

Intel's projects would be funded in part through the bipartisan 2022 CHIPS and Science Act, which the Biden administration helped shepherd through Congress at a time of concerns after the pandemic that the loss of access to chips made in Asia could plunge the U.S. economy into recession.

When pushing for the investment, lawmakers expressed concern about efforts by China to control Taiwan, which accounts for more than 90% of advanced computer chip production.

Ohio Sen. Sherrod Brown, a Democrat up for reelection in November, stressed that his state would become "a global leader in semiconductor manufacturing" as Intel would be generating thousands of jobs. Ohio has voted for Trump in the past two presidential elections, and Brown in November will face Republican Bernie Moreno, a Trump-backed businessman from Cleveland.

Wednesday's announcement is the fourth and largest so far under the CHIPS law, with the government support expected to help enable Intel Corp. to make $100 billion in capital investments over five years. About 25% of that total would involve building and land, while roughly 70% would go to equipment, said Pat Gelsinger, CEO of Intel.

"We think of this as a defining moment for the United States, the semiconductor industry and for Intel," said Gelsinger, who called the CHIPS Act "the most critical industrial policy legislation since World War II."

The Intel CEO said on a call with reporters that he would like to see a sequel to the 2022 law in order to provide additional funding for the industry.

Biden administration officials say that computer chip companies would not be investing domestically at their expected scale without government support. Intel funding would lead to a combined 30,000 manufacturing and construction jobs. The company also plans to claim tax credits from the Treasury Department worth up to 25% on qualified investments.

The Santa Clara, California-based company will use the funding in four different states. In Chandler, Arizona, the money will help to build two new chip plants and modernize an existing one. The funding will establish two advanced plants in New Albany, Ohio, just outside the state capital of Columbus.

The company will also turn two of its plants in Rio Rancho, New Mexico, into advanced packaging facilities. And Intel will also modernize facilities in Hillsboro, Oregon.

The Biden administration has also made workforce training and access to affordable child care a priority in agreements to support companies. Under the agreement with the Commerce Department, Intel will commit to local training programs as well as increase the reimbursement amount for its child care program, among other efforts.

___

Boak reported from Washington.

How NM will enforce the new deepfake disclosure law - By Austin Fisher,Source New Mexico

About one week after early voting in New Mexico’s primary elections begins, a new law will go into effect requiring political campaigns and candidates to tell the public whenever they use false information generated by artificial intelligence in a campaign ad.

The New Mexico Secretary of State’s Office and the state Ethics Commission will investigate alleged violations of a new election law called House Bill 182.

The Ethics Commission is the state agency mainly responsible for enforcing the Campaign Reporting Act, according to the governor’s message signing the bill. The Ethics Commission has “more capacity for investigation” than the Secretary of State’s Office, said spokesperson Alex Curtas.

“We operate under the idea of trying to seek voluntary compliance from people,” Curtas said. “We don’t really have investigators, so we try to get people to come into compliance.”

While the Secretary of State’s Office will take complaints related to the new disclosure requirements in the law, often they will refer them to the Ethics Commission, Curtas said, because they fall under an agreement between the two agencies.

Since the bill doesn’t specify an effective date, spend money, or contain an emergency clause, it will go into effect on May 15, 90 days after the end of the 2024 legislative session.

Before then, the New Mexico Secretary of State’s Office will launch a statewide public education campaign about AI’s influence, Curtas said.

The bill focuses on the content of political advertisements, while the education campaign will try to supplement that by informing the public about the potential for AI misuse in elections, Curtas said.

The public messaging will focus on rural communities and include radio, television, billboards and digital ads, Curtas said.

The agency hired Albuquerque-based Esparza Advertising, Curtas said. They met in the second week of March and were finalizing their strategy and content, he said.

GOVERNOR ASKS FOR AG OPINION

Curtas said the legislation could curb the potential misuse of AI in elections.

“I think it’s a really good step in the right direction, that you see a lot of other states taking,” Curtas said. “So we’re fairly out in front here on this issue in New Mexico.”

New Mexico is among eight states that have enacted similar legislation since October 2019, according to a bill tracker run by Public Citizen, a consumer advocacy group that supported the bill. On Tuesday, 31 more states were considering related bills.

When Gov. Michelle Lujan Grisham signed the bill on March 5, she wrote, “With the rise in artificial intelligence, it is vital that we address and prevent its use to deceive voters and disrupt democracy — especially before the upcoming elections later this year.”

However, she also said after lawmakers passed the bill, the Ethics Commission “expressed concerns to my Office about this legislation’s enforceability” because the Legislative Finance Committee “failed to request the Commission’s input during the session.”

“I, too, am concerned that portions of this legislation are ambiguous and may pose legal issues,” Lujan Grisham wrote. “To that end, I will be requesting an official opinion from the Attorney General to address these issues.”

New Mexico Department of Justice spokesperson Lauren Rodriguez said Tuesday they had received Lujan Grisham’s opinion request. The agency assigned it to an attorney and will publish it on their website once it has been completed, she said.

“It is my hope that this opinion will clarify any ambiguities and provide guidance to those who will enforce, or be subject to, this legislation,” Lujan Grisham wrote.

HOW TO SUBMIT A COMPLAINT TO THE ETHICS COMMISSION

Complaints can be handed in to the Ethics Commission in two ways, said spokesperson Jane Kirkpatrick: either as “administrative” complaints or informal ones.

The Commission investigates and resolves administrative complaints alleging violations of ethics laws through its administrative proceedings portal, Kirkpatrick said. Once someone submits a complaint, it goes to the executive director, she said.

The administrative process does not allow complainants to be anonymous, Kirkpatrick said, while informal complaints or “tips” do. Those can be submitted here.

These tips are the main way to submit complaints against local officials but the law is more limited when it comes to local elections, Kirkpatrick said.

When the Commission gets a tip, it will start an internal overview and investigation, and then the executive director decides whether to sue someone in state district court, Kirkpatrick said. That decision must be approved by a quorum of the commissioners, at least two Republicans and two Democrats, Kirkpatrick said.

FEMA outlines wildfire payments for smoke damage, hosting fire evacuees, flood insurance – By Patrick Lohmann,Source New Mexico

The federal office overseeing compensation for those affected by the Hermits Peak-Calf Canyon Fire has announced two new categories of payments, plus a deadline for free flood insurance.

Hermits Peak-Calf Canyon Fire claims office officials are encouraging those who suffered smoke or ash damage and those who faced additional costs by hosting fire evacuees in 2022 to file claims. The office is using standardized calculations for both payments, spokesperson Deborah Martinez said, to help quickly process the claims.

Also, the claims office is paying up to five years of flood insurance coverage, but the deadline to receive that is April 1.

As of Tuesday, the office had paid out $458 million of the $3.95 billion awarded by Congress to fully compensate those who suffered losses in the fire. That is 47% of the $958 million it has received in claims with documentation, according to the claims office.

The wildfire was the biggest fire in state history, burning through an area of more than 530 square miles and destroying hundreds of homes in northern New Mexico. The United States Forest Service started the fire in two botched prescribed burns.

As of March 13, the office had paid nearly $1.2 million for flood insurance policies for 326 recipients.

Below are more details about each of the types of losses the claims office is covering:

SMOKE AND ASH DAMAGE

Those whose properties had smoke or ash damage may be eligible for up-front payments to cover cleaning and repair costs. Personal property like homes, automobiles or structures are eligible.

Those who suffered medical issues due to the smoke and ash that filled the air for months during spring and summer in 2022 are also eligible, according to the claims office.

Smoke or ash damage eligible for compensation could be discoloration to walls, ceilings and floors, plus structural damage or corrosion to metal surfaces or electrical components. It could damage clothing, furniture or other home contents or leave an “unpleasant odor” that can only be removed with special cleaning, according to the claims office.

The office is using standard tools to estimate damages and costs, which means a site visit is not necessary “in most cases,” according to the claims office.

Those harmed can submit a claim with photos, estimates or invoices if available.

The claims office will then calculate damages based on the square footage of a home, an estimate that would include payments for replacing carpet, insulation, furnishing and cleaning costs. The distance a property is from the burn scar is a factor in the amount paid, according to the office.

Those with damage can file a notice of loss. There are details on how to do that here.

INCREASED COSTS FOR HOUSING EVACUEES

Authorities ordered more than 25,000 people to flee their homes as the fire tore through mountainsides and villages in the Sangre de Cristo Mountains between April and late June of 2022.

Those who gave refuge to evacuees can get reimbursed for any additional costs they incurred until Nov. 14, 2022.

Payments eligible for reimbursement include increased costs for food, utilities, mileage, toiletries, clothing, air mattresses, pet foods and other supplies. Those who housed evacuees can be paid from the day those fleeing the fire moved in until the Nov. 14 deadline.

Claims office navigators will provide a “simple worksheet” to those seeking reimbursement, including the name, age, and gender of each person housed; the dates they were hosted; and details of the increased expenses, according to the claims office.

The claims office will then use “standard calculations” to estimate expenses, an effort to reduce paperwork, according to the claims office. Those who helped evacuees can also submit documentation with actual costs, if they feel they deserve more payment.

The claims office has a Facebook page with more information, and a website in English and Spanish.

FLOOD INSURANCE

The deadline is fast approaching for those seeking flood insurance.

The fire’s intensity led to changes in the soil and landscape that made flooding more likely and damaging, especially for those in rural, mountainous areas. To help residents pay for any ensuing flood damage, the claims office is paying up to five years of flood insurance premiums for free.

The deadline to file a claim for flood insurance is April 1. The deadline for all other claims is Nov. 14 of this year.

Those seeking the additional protection can get it by filing a claim for the up-front costs of the National Flood Insurance policy or by getting reimbursed for a flood insurance policy property owners purchased on their own after the fire.

Those who are eligible are those who were not required to buy flood insurance before April 6, 2022, those whose property is in a participating community in Mora and San Miguel counties, and those outside those counties who can demonstrate a post-fire flood risk.

Property owners are not eligible if they were required to buy flood insurance before the fire, including through a federally backed mortgage or if they are not in an “NFIP participating community.”

However, the claims office provided a list of communities that are not participating but might still be eligible for reimbursement for insurance purchased on the private market. They are:

  • Village of Eagle Nest (Colfax County)
  • Village of Pecos (San Miguel County)
  • Village of Mosquero (San Miguel/ Harding County)
  • Village of Wagon Mound (Mora County)
  • Picuris Pueblo (Taos County)
  • Taos Pueblo (Taos County)

Homeowners can be insured up to $250,000 for the structure and up to $100,000 for belongings inside their homes. Renters can get insurance up to $100,00 for contents only.Those who own non-residential properties can get $1 million in insurance, with $500,000 apiece for the structure and contents. Businesses who rent can also get $500,000 in insurance for their inventories.

Those who make a claim for insurance payments will still be on the hook for $2,000 deductibles, but the claims office said it could cover those payments if post-fire flooding occurs before November of this year.

To apply for the free flood insurance, property owners and renters can reach out to their navigators, if they’ve already filed a notice of loss. They can also call the claims office helpline at (505)995-7133 or email fema-hermits-peak@fema.dhs.gov.

County Commission begins process to create plan for Mountain View neighborhood - By Carolyn Carlson,City Desk ABQ

Bernalillo County Commissioners deferred setting a process to select a new county manager in order to give themselves time to “chew over” a proposal that was presented at Tuesday’s meeting.

CHEW WHAT?

Commissioner Steven Quezada sponsored a proposal to set up a selection policy and process for hiring a new county manager after Julie Morgas Baca retires at the end of June. She was appointed county manager in 2015.

Quezada’s proposed process would include securing a professional recruitment firm by the end of March, conducting a series of town hall meetings in each commission district to gather input and establishing an online stakeholder survey through the month of April. He proposed that all information be presented to the commissioners , so they can then select and interview finalists with the intent to announce a new county manager by June 14, 2024.

Commission Chair Barbara Baca asked for the deferral saying, “This is an important decision. We do not want to rush, we need to arrive at a consensus.”

Commissioner Eric Olivas said that there was not enough time to review the proposal properly. He said the commission got the proposed legislation last Friday and more time is needed to look it over and collaborate on the final proposal. Olivas said all the commissioners should be able to pitch in to form the process.

“It’s more important to get this right than to get this rushed, give us two weeks to chew over what has been submitted,” he said.

Quezada tried to rally commissioners to approve his proposal but the deferral was approved on a 3 to 2 vote. Commissioner Walt Benson voted with Quezada against the deferral.

“Delaying and deferring the selection process for a new county manager is disappointing, undermines transparency, and deprives the community of the opportunity for adequate discussion and consideration of candidates,” Quezada said after the meeting.

NEXT STEP

Commissioners took a unified stance on addressing the pollution issues in the Mountain View neighborhood by unanimously approving the development of a sector plan.

Commissioners Quezada and Olivas sponsored the legislation. Quezada said he wanted to make sure people know that this sector plan isn’t going to go in and down zone any properties or change zoning in any way.

“What we’re looking at is looking at how to put a plan together so we can attract other types of industry, other types of job opportunities,” he said. “When you look at the Journal Center it has some asphalt plants, and it has some other stuff in it. But mostly it has opportunities for small businesses, plumbing companies, things of that nature and it looks beautiful, and it looks great. When you fly into Albuquerque and you come down Sunport boulevard, you’re gonna be looking at a city that looks like it is growing and it doesn’t look like that right now.”

This area is located along Second Street and Broadway Boulevard, south of Rio Bravo Boulevard, on the east side of the river. The historic agricultural and residential neighborhood has been the center of heavy industry in Bernalillo County since the 1970s. The area has numerous heavy industries such as fuel storage facilities, cement plants, asphalt plants and auto salvages. It is also home to the Valle Del Oro Urban Wildlife Refuge and the Rio Grande bosque.

“This is the neighborhood that built Albuquerque, right? This is the neighborhood that built our community, and we don’t wanna lose sight of that,” Olivas said.

Commissioners approved a one time allocation of $1.25 million from the general fund to support the development of the sector plan. The funding will also be used for environmental improvements, land acquisition, design and construction of a public park in the Mountain View neighborhood.

Progress on the sector plan will be presented to the commission within 24 months.

IN OTHER BUSINESS

  • Commissioners approved using $410,000 from the New Mexico MainStreet grant fund to redevelop the Dolores Huerta Gateway Park at 100 Isleta Blvd. SW. Proposed improvements include a shaded picnic area, more shade structures, more trees, a stage and a new “gateway” structure among other improvements. The park is home to La Familia Growers Market, La Familia Growers Market Harvest Festival and I Love The South Valley Because Art Exhibit.
  • On a unanimous vote, commissioners approved the county’s federal policy priorities and spending requests. Some of the funding requests include projects to design and plan a senior housing site and the I-40 TradePort Corridor, expand the “Keep NM Alive” campaign for substance use prevention among BernCo youth, and public works projects to complete Bridge Boulevard Phase 3 and the South Valley Street Tree and Green Stormwater Infrastructure project. Six of the 12 funding requests were from the Bernalillo County Sheriff’s Office and include vehicle acquisition and crime prevention technology.
  • Commissioners approved moving $3 million in American Rescue Plan Act monies from a fund for the city’s Gateway Center expansion to be used instead for security improvements at the county’s Fire Prevention Division at the Atrium building on Second Street in the North Valley. In addition, $316,000 of the ARPA monies will be used for implementing a scrap tire program to help alleviate the enormous amount of scrap tires being dumped around the county. 

HOW TO PARTICIPATEBernalillo County meetings are conducted at 5 p.m. on the first and third Tuesday of the month in the Ken Sanchez Commission Chambers at 415 Silver Ave SW or via a hybrid manner through GOV-TV or online at the county’s website or on Bernalillo County’s YouTube channel. The next meeting is at 5 p.m. on April 9.