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TUES: U.S. Bill May Expand Abiquiú Reservoir, + More

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Abiquiú Lake"

Court Upholds Health Order Fines For New Mexico Businesses - By Morgan Lee, Associated Press, KUNM

The New Mexico State Supreme Court has upheld the governor's authority to fine businesses as much as $5,000 per day for violations of emergency health orders aimed at slowing the spread of COVID-19.

The court heard arguments from businesses claiming the administration of Gov. Michelle Lujan Grisham overstepped its authority in response to the pandemic.

The ruling was unanimous in the governor's favor. Chief Justice Michael Vigil says the Legislature clearly gave the governor authority to apply administrative fines higher than the $100 citations the businesses claimed was the maximum allowed.

The state has fined 16 businesses up to $5,000 a day.

State Republican Party Chairman Steve Pearce condemned the court's decision and promised to make it an issue in November elections as two appointed Democratic justices defend their seats.

Justice Shannon Bacon is confronting the Republican Ned Fuller, a deputy district attorney in San Juan County, while Justice David Thomson is running against Republican former prosecutor Kerry Morris of Albuquerque.

The Supreme Court plans to issue written guidance soon on the question of whether administrative sanctions against health-order violations constitute a "taking" that warrants compensation.

The governor's office says that the outcomes of recent litigation in Illinois, Colorado, New York and California support its position that enforcement of its emergency health order does not require compensation.

State Reports 214 New COVID-19 CasesKUNM, Associated Press

State health officials reported 214 new COVID-19 cases Tuesday and three additional deaths.

New Mexico has had a total of 21,340 coronavirus cases and 658 people have died.

Two of the three deaths were among people in acute care or long-term care facilities. The Department of Health has identified at least one positive COVID-19 case in residents and/or staff in 47 such facilites over the last month.

The seven-day rolling average of daily new cases in New Mexico has risen slightly over the past two weeks from 277 new cases per day to 282 new cases per day on Aug. 3, according to an analysis by The Associated Press of data collected by the Johns Hopkins University Center for Systems Science and Engineering.

The average rate of positive tests has declined slightly over the past few weeks. Comparing seven-day averages of new cases smooths out anomalies in the data, including delays in test results.

Ex-New Mexico Democratic Congressman Backs GOP Candidate - By Russell Contreras, Associated Press

A Republican seeking to unseat Democratic U.S. Rep. Xochitl Torres Small in a crucial New Mexico House seat has picked up an endorsement from a former Democratic congressman.

Former U.S. Rep. Harry Teague once held Torres Small's seat and said Tuesday he is backing Yvette Herrell in November. Teague says Herrell appreciates the impact the energy industry has on the state and will reach across party lines.

Teague held the southern New Mexico seat from 2009 until 2011 and was the first Democrat to win the seat in nearly 30 years. He lost after voting for a bill aimed at curbing greenhouse gasses. 

In a statement, Torres Small said Teague spent one term working hard to represent the people of southern New Mexico but did not address Teague's support of her opponent.

Torres Small beat Herrell in 2018 by less than 4,000 votes and issues around oil and natural gas are expected to play central roles in this closely watched U.S. House rematch. The district sits in the part of the Permian Basin drilling area.

It's one of the nation's richest and most prolific oil and natural gas regions and helps New Mexico fund its public education system.

Since taking office, Torres Small has clashed with more liberal Democrats in Congress who have been pushing for the so-called New Green Deal or proposals to ban fracking.

Navajo Nation Reports 36 More COVID-19 Cases, 1 More DeathAssociated Press

Navajo Nation health officials have reported 36 more cases of COVID-19 and one additional death.

That brings the total number of people infected to 9,139 and the known death toll to 462 as of Monday night.

Tribal health officials say 82,148 people have been tested for the coronavirus and 6,743 have recovered. The vast majority of people who are diagnosed with COVID-19 recover.  

For some people it causes mild or moderate symptoms, such as fever and cough. But for some people who contract the virus, especially those who are older or have underlying health conditions, it can cause more severe illness and death.  

Last week, lawmakers on the Navajo Nation approved a massive spending bill to respond to the coronavirus pandemic that includes money for water projects, power lines, broadband and casino employees who have been laid off.

Oil Refinery In Gallup Planning To Close By End Of This YearKRQE-TV, Associated Press

An oil refinery that halted operations when the COVID-19 pandemic first hit New Mexico plans to permanently close by the end of this year.

KRQE-TV reports Marathon Petroleum, which owns the oil refinery and employs about 220 people, told workers of the pending closure last Friday.

A spokesperson with Marathon Petroleum said in statement that "the Gallup refinery and terminal will be idled indefinitely with no plans to restart normal operations" and a phased reduction of staffing levels is expected to begin in October.  

Gallup Mayor Louie Bonaguidi says it's a devastating blow for the city of some 22,000 people since the refinery has been around for 65 years. With the closure, New Mexico will be down to one oil refinery, that being in Artesia.  

US House Passes Bill That May Expand Abiquiú Reservoir - Santa Fe New Mexican, Associated Press

A newly passed U.S. House bill may allow Abiquiú Lake to store a greater volume of water from a wider range of sources. 

The Santa Fe New Mexican reports a provision in a water resources development bill would increase the northern New Mexico reservoir's storage capacity by 30,000 acre-feet. 

That would raise the lake's permissible water level by roughly 10 feet. 

The reservoir now is permitted to store only what’s known as San Juan-Chama water, which originates in the Colorado River. That water is diverted through tunnels across the Continental Divide and then carried along the Chama River.

This reservoir is not allowed to hold "native water" that originates in the Rio Grande Basin as rain and melting snow that drains into the Chama River. 

The U.S. Senate has its own water resources bill. Representatives from both chambers must sit down and hammer out a version. 

Prosecutor Wants To Try Juvenile As Adult In Athlete's Death - By Morgan Lee Associated Press

A Santa Fe-based district attorney says his office will seek adult criminal sanctions against a 16-year-old defendant in the killing of a standout high school basketball player. 

District Attorney Marco Serna said Monday that his office will file an open count of murder in children's court and then request to move the case to state district court to pursue adult sanctions. 

Fedonta "J.B." White, an 18-year-old college basketball recruit who planned to graduate from high school early over the summer, was shot at a social gathering on the northern outskirts of Santa Fe in the rural community known as Chupadero.

A 16-year-old accused of the killing is being held at a juvenile detention center. 

The Associated Press generally does not identify juveniles who are accused of crimes.

Administrators and students from White's school district made a public appeal Monday for parents to safeguard firearms and for youths to take a pledge toward stemming gun violence. School officials outlined free counseling options for youths who may be despondent or depressed over the shooting and White's death.

State Surpasses 21,000 COVID-19 Cases Over Weekend - KUNM, Associated Press 

New Mexico surpassed 21,000 COVID-19 cases over the weekend, but a technical glitch resulted in only a partial number of cases being reported Monday.

As a result the daily cases were just 117 Monday, much lower than they have been recently. The total now stands at 21,130 cases.

There was also one known death reported Monday, a Doña Ana County resident, bringing the total to 655.

De Baca County is the only county in New Mexico without a confirmed case. Lea, McKinley and Luna counties were leading the state in number of cases per capita over the past two weeks according to an Associated Press analysis of data collected by Johns Hopkins University.

The 7-day rolling average of daily infections has increased over the past two weeks by 11%, according to the AP analysis.

US House Candidates Distancing From Cowboys For Trump Leader - By Russell Contreras Associated Press

Two U.S. House hopefuls in a crucial southern New Mexico race are distancing themselves from a Cowboys for Trump leader who said some Black athletes should "go back to Africa." 

Democratic U.S. Rep. Xochitl Torres Small said late Saturday remarks by Couy Griffin were "another example of dangerous rhetoric" coming from someone who also is an Otero County commissioner. 

Torres Small says his "comments should be condemned by all." 

Republican former state lawmaker Yvette Herrell also says she disagrees with Griffin's comments. 

Statements like "go back to where you came from" is a racist insult aimed for decades at immigrants and African Americans in the United States.

Griffin told The Associated Press he used a poor choice of words in the video.

The Republican Party of New Mexico has declined to comment on Griffin.

Democrat For US Senate Releases Ad Around Dad's Cancer Fight - Associated Press

Democratic U.S. hopeful Ben Ray Luján has released a television ad touting his support for expanding Medicaid while pointing to his father's fight with cancer. 

The commercial scheduled to begin airing statewide on Tuesday highlights Luján's father, Ben Luján, the late Speaker of the New Mexico House, and his access to insurance. 

But the younger Luján says the lack of affordable health care forces some New Mexico residents to make tough decisions to pay bills. 

Republican Mark Ronchetti says Luján supports a government takeover of health care that would outlaw employer-based insurance plans and limit doctor choice. 

Luján and Ronchetti are seeking an open U.S. Senate seat in New Mexico. 

Navajo Nation Reports 35 More COVID-19 Cases, 1 DeathAssociated Press

Navajo Nation health officials have reported 35 more cases of COVID-19 and one additional death.

Late Friday, lawmakers on the Navajo Nation approved a massive spending bill to respond to the coronavirus pandemic that includes money for water projects, power lines, broadband and casino employees who have been laid off.

The Navajo Nation Council passed the nearly $651 million in spending after discussing it for more than 28 hours in a special session over three days.

The money comes from the Navajo Nation's share of $8 billion in federal coronavirus relief funding that was set aside for tribes.

That brings the total number of people infected to 9,103 and the known death toll to 461 as of Sunday night. Tribal health officials said 81,665 people have been tested for the coronavirus and 6,736 have recovered.

The vast majority of people who are diagnosed with COVID-19 recover.  For some people it causes mild or moderate symptoms, such as fever and cough.

But for some people who contract the virus, especially those who are older or have underlying health conditions, it can cause more severe illness and death.