Latest news with #DianaCervantes
Yahoo
12-05-2025
- Politics
- Yahoo
Possible settlement reached in long-running Rio Grande dispute
Mule deer pick their way through the Rio Grande at below Percha Dam at Caballo Reservoir in May 28, 2022. On Monday, parties in the long-running dispute over Rio Grande water said there is a possible resolution in the 12-year-old Supreme Court case.(Diana Cervantes for Source NM) Parties in a 12-year-old legal fight over Rio Grande water on Monday told the federal judge supervising the case for the U.S. Supreme Court that a potential settlement has been reached. The dispute, officially titled Original No. 141 Texas v. New Mexico and Colorado, came to a head in 2024, when U.S. Supreme Court justices struck down a deal proposed by New Mexico, Colorado and Texas to end the litigation. SCOTUS, — in a close 5-4 decision — sided with the federal government's objections that the states' deal unfairly excluded the 'unique federal interests,' and sent the parties back to settlement talks, or potentially back to court. In fact, the parties had been scheduled for a June 9 trial in Philadelphia, while still in talks. On Monday, attorneys for both the core parties told the U.S. Court of Appeals for the Third Circuit Chief Judge D. Brooks Smith they are 'cautiously optimistic' the case may be resolved in coming months, and promised more details to come. Jeff Wechsler, the lead attorney representing New Mexico, told the court during a status hearing on Monday he expected documents related to the agreement to be signed later in the afternoon, with subsequent paperwork later this week. He also requested, on behalf of all the parties, for the court to cancel the June 9 trial date and instead schedule a hearing for later this year. 'Our intent with the request for the hearing is to provide you with everything you need to understand the agreement,' Wechsler said. Smith serves as the special master for the case, and is charged with overseeing the case and issuing reports for the U.S. Supreme Court, which has final approval over interstate water lawsuits and settlements. Smith commended the parties and mediator, retired federal Magistrate Judge Arthur Boylan, for the 'progress made in this very lengthy litigation.' The case has changed dramatically since it was first brought to court. In 2013, The state of Texas alleged New Mexico pumping diverted Rio Grande water owed to Texas under an 86-year old agreement: the 1939 Rio Grande Compact, a legal document for splitting the river's water between Colorado, New Mexico and Texas. A compact violation between states can only be addressed in the nation's highest court. In 2018, SCOTUS allowed the federal government — which operates a network of dams, and nearly 140 miles of irrigation canals to deliver water to two irrigation districts in the region and Mexico — to join the case as a party. The federal government used similar arguments as Texas: that New Mexico groundwater pumping threatened irrigation and treaty interests. But alliances reshaped themselves in recent years. In 2022, Colorado, New Mexico and Texas proposed a deal to measure Texas' water at the state line and include transfers of water between New Mexico and Texas irrigation districts to balance out shortfalls, which the federal government opposed. It appeared those lines of contention broke down in the most recent negotiations. 'The parties did a good job negotiating in good faith and bridging the gaps on the difficult issues,' said Thomas Snodgrass, a senior attorney for the U.S. Department of Justice representing the federal government. Some concerns remain for the City of Las Cruces, one of the 12 organizations not a party to the lawsuit that has filed so-called 'friend of the court' (amicus curiae) briefs in the case. Jay Stein, an attorney for the City of Las Cruces, said the state's second-largest city may not sign the current terms because the current agreement leaves the city 'uncertain' on the issues of municipal supply. Wechsler said amici approval is not required to move the agreement forward — it only requires the sign-off of the three states and the federal government — but said that the State of New Mexico 'believes there is a path forward in resolving these issues,' with Las Cruces to prevent further litigation. Boylan, the mediator in the case, thanked parties for the 'Herculean efforts' to settle the case and said he would continue mediation to address pending issues. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX
Yahoo
25-03-2025
- Politics
- Yahoo
New Mexico allows unique water conservation districts to hold separate elections
Groundwater wells fill an irrigation ditch for pecan orchards outside of Rincon, New Mexico. Two local water conservation districts elsewhere in New Mexico, which provide irrigation, river flood control and water conservation services to farmers, are now exempt from the New Mexico Local Elections Act. (Photo by Diana Cervantes for Source NM) Gov. Michelle Lujan Grisham on Friday signed an election reform bill into law allowing two local government entities focused on conserving water to hold their own elections separate from other local governments. In 2018, the New Mexico Local Election Act consolidated all local contests into a single election. But special conservancy districts have never been included, because of the complexities of running an election in which people might not be registered voters, but own property in the counties where the districts lie. The original law delayed implementation for conservancy districts until 2022, and New Mexico in 2023 again pushed back implementation for the districts, until this year. House Bill 308 permanently exempts two local conservancy districts from the Local Election Act: the Middle Rio Grande Conservancy District based in Albuquerque and the Arch Hurley Conservancy District based in Tucumcari. County clerks, constituents and the six Pueblo governments in the Middle Rio Grande area in the central part of New Mexico have raised concerns about implementing the Local Election Act, HB308 Sponsor Rep. Derrick Lente (D-Sandia Pueblo) told the House Judiciary Committee on Feb. 28. Jason Casuga, chief engineer and CEO for the Middle Rio Grande Conservancy District, explained to the committee that the two conservancy districts shouldn't be part of the other local elections because their voters are landowners, not registered voters. 'That's what makes the conservancy district unique, and what makes tribal participation within the Middle Rio Grande Conservancy District elections unique, in that tribal members don't necessarily have to be registered voters, but they own a stake in the land that's being benefitted,' Casuga said. 'That's where the technical issues came in — and that what we've been working on for years trying to solve — is how do you create a unified voter database that doesn't require the same kind of information for a registered voter database as you would for a land-based one.' Lente called HB308 a 'measure of last resort' to ensure that voters from those Pueblos can fully participate in the conservancy district's election process. In a Friday news release, the Secretary of State's Office highlighted HB308 as one of three pieces of legislation that would 'add stability, transparency, and safety to New Mexico's elections,' along with proposals to make lobbying more transparent and allow 'decline to state' voters — aka independents — the ability to participate in primaries without changing their voter registrations. Secretary of State Maggie Toulouse Oliver commended lawmakers for passing the bills, saying they 'will further enhance the quality of New Mexico's already top-ranked elections' and give election officials more tools and voters more ways to participate. 'I'm grateful for the hard work put in by the bill sponsors, advocates, and the members of my staff to support the passage of these bills,' Toulouse Oliver said. 'I look forward to Governor Lujan Grisham signing these important pieces of legislation into law.' HB308 was one of eight bills passed by both the House and Senate that required a signature or a veto by Saturday, because they landed on the governor's desk in the session's final 72 hours. Two good government groups on Friday also applauded lawmakers' passage of SB16, saying open primaries in other states have led to stronger voter turnout and more competitive elections. Sila Avcil, executive director of New Mexico Open Elections and NM Voters First, said the new law represents a step toward hundreds of thousands of New Mexicans gaining more access to some of the most consequential elections. 'New Mexico made history today,' Avcil said. 'New Mexico, and our democracy, is better for it.'
Yahoo
11-02-2025
- Politics
- Yahoo
Second bill protecting Native regalia at school ceremonies passes committee
A dance group with Owen Padilla await to perform the San Felipe Buffalo Dance at the Santa Fe Indian School Feast Day on Oct. 9, 2023. (Photo by Diana Cervantes for Source NM) Following a lengthy discussion about what constitutes 'regalia,' a second bill protecting student's rights to wear tribal regalia at graduation ceremonies passed through committee on Tuesday. Senate Bill 163, co-sponsored by Sen. Benny Shendo (D-Jemez Pueblo), passed unanimously through the Senate Indian, Rural and Cultural Affairs Committee; the bill is similar to one on the House side that passed through its first committee Monday. Bill protecting cultural expression at graduation ceremonies passes first committee SB 163 specifically prohibits public schools and charter schools from banning students of federally recognized Indian nations, tribes or pueblos from wearing tribal regalia or items of cultural significance at graduation ceremonies or public school events. 'There's roughly 41,905 Native American students in public schools in New Mexico so this would offer that opportunity for our students to be able to wear their regalia to their graduation ceremonies and other culturally related events,' Josett Monette, cabinet secretary for the New Mexico Indian Affairs Department, said during the meeting. She joined Shendo as his expert witness. 'They could wear the regalia underneath or attached to the cap and gown, but they would still continue to wear the cap and gown.' A group of Native students joined the committee meeting Tuesday to speak in support of the bill, along with multiple representatives from NM Native Vote, ACLU of New Mexico and the Bureau of Indian Education at the Public Education Department. 'My great-grandmother was only able to attend school up until sixth grade, and so when I was able to graduate high school, I was proud to share my accomplishment and walk that stage for her. However, due to restrictions from my school, I was unable to wear my traditional attire,' Alysia Coriz (Santo Domingo Pueblo), lobbyist for NM Native Vote, said to committee members. 'Our traditional clothing is our strength. It helps us to find the connection back to our ancestors and community.' Sen. William Sharer (R-Farmington) questioned who defines regalia and what the term means for different tribes. 'What about other groups? I know this [bill] clearly talks about Native American, but what if somebody wanted to support Christopher Columbus? What if somebody wanted to put a swastika on their head for First Amendment rights,' Shearer asked the bill sponsors. The bill defines 'tribal regalia' as items of religious or cultural significance such as 'tribal symbols, jewelry, beading and feathers.' Sen. Bill Soules (D-Las Cruces) asked about tribes that are not federally recognized, pointing to Tortugas Pueblo in Las Cruces. Monette explained to the committee that the bill is specific to federally recognized tribes, but schools are encouraged to expand their interpretation of the bill and allow members of other groups to express their culture through dress at school ceremonies. SB 163 now heads to the Senate Education Committee. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX
Yahoo
10-02-2025
- Politics
- Yahoo
Bill protecting cultural expression at graduation ceremonies passes first committee
A dance group with Elvia Sanchez perform the Hopi Butterfly Dance, at the Santa Fe Indian School Feast Day on Oct. 9, 2023. (Photo by Diana Cervantes for Source NM) Native students would be free to wear culturally significant items during school ceremonies under two proposed bills making their way through the Legislature. Co-sponsors Reps. D. Wonda Johnson (D-Rehoboth) and Janelle Anyanonu (D-Albuquerque) presented House Bill 194 to the House Government, Elections & Indian Affairs Committee Monday morning, which unanimously passed the bill. It now heads to the House Education Committee. It is one of the two bills introduced this session to prohibit schools from banning Native American cultural expression at ceremonies. Specifically, HB 194 makes changes to the Public School Code to restrain public, private and charter schools in New Mexico from restricting Native students from wearing culturally significant items during graduation or promotion ceremonies. The bill is a response to incidents in recent years when tribal regalia was banned or removed during graduation ceremonies. A Farmington High School tribal member had her graduation cap confiscated during a ceremony last year. 'It is very important to the people of New Mexico that we be allowed to express ourselves and our heritage and our culture without any resistance and certainly without any punishment,' Anyanonu said during the meeting. Representatives from NM Native Vote, ACLU of New Mexico, the New Mexico Center on Law and Poverty, the Bureau of Indian Education at the Public Education Department and the National Organization for Women all spoke in support of the bill. 'New Mexico thrives off the tourist dollars of our native tribes and pueblos yet steal in educational spaces,' Bernadette Hardy (Jemez Pueblo/Diné), a representative from NM Native Vote, said to committee members. 'Our indigenous youth are denied representation and one of those most important times in their young life.' A similar proposal, Senate Bill 163, will be presented to the Senate Indian, Rural and Cultural Affairs Committee Tuesday morning. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX
