INTERSTATE STREAM COMMISSION APPROVES … Spring Newsletter 2012... · allow for disposal of San...

305A North Cooper St. · Silver City, NM 88061 · [email protected] · www.gilaresources.info · (575) 538-8078

see GROUNDWATeR ON p. 5

the Newsletter of the Gila Resources Information Project

uResponsible Mining uHealthy Rivers uCommunity Planning uAquifer Protection uEnvironmental Health uSustainability

No. 25 SpriNg 2012

pROmOTiNG heAlThy cOmmUNiTies by pROTecTiNG OUR

eNviRONmeNT siNce 1998

see cATleTT ON p. 6

GROUNDWATER RESTORATION PROJECTS MOVE AHEADSan Vicente Creek Tailings to be disposed of at FMI’s Tyrone mine

by Allyson Siwik, Executive Director

In January, the New Mexico Office of the Natural Resources Trustee (ONRT) released its final restoration plan for groundwater dam-ages at the Freeport-McMoRan (FMI) Chino, Cobre and Tyrone mines. It includes full removal and clean up of the San Vicente Mill tailings, a prior-ity restoration project for which GRIP has long advocated. Because of the high cost of transportation and disposal of the material to an out-of-state disposal site, GRIP encouraged FMI and federal and state regulatory authorities to work together to develop a plan to allow for disposal of San Vicente tailings material at one of the local FMI mines, thus significantly cutting down on the total costs of the clean up. At press time, Freeport was working through the final details for accept-ing San Vicente material at the Tyrone mine. “This is great news,” stated GRIP Executive Director Allyson Si-wik. “We’re very pleased that Freeport has agreed to accept tailings

It didn’t take long for GRIP’s new VISTA staffer to discover Boston Hill, the mining district turned municipal open space that looms above Silver City. “I’m a trail runner,” explains Claire Catlett, who arrived in early March to succeed Dan Hintz upon com-pletion of his one-year assignment. (Dan plans to pursue graduate studies in Environmental Economics during fall 2013. We thank him for his service and wish him well.) Gazing down from the hill, Catlett can trace San Vicente Creek, an important focus of her work in coming months. “We’re looking forward,” she says, “to the removal of tailings from the old mill works along the creek and further upgrading of the San Vicente trail system.” Funds provided under the recent ONRT-directed settlement (see related story on this page) will pay for the long-sought remediation. During her year-long position at GRIP, Catlett expects to build on previous groundwork: promoting

VISTA UPDATE: MEET CLAIRE CATLETT, GRIP’S NEWEST STAFFERby Richard Mahler, Newsletter Editor

clAiRe cATleTT besiDe AbANDONeD miNe. (RichARD mAhleR phOTO)

INTERSTATE STREAM COMMISSION APPROVES PROJECTS FOR AWSA ASSESSMENTNON-DiveRsiON AlTeRNATives RemAiN FOR FURTheR cONsiDeRATiON


In February, the Interstate Stream Commission (ISC) decided on the projects that will move forward for final consideration under the Ari-zona Water Settlements Act (AWSA), as New Mexico weighs the pros and cons of diverting up to 14,000 acre-feet of water annually from the Gila River and its tributary, the San Francisco. New Mexico has until the end of 2014 to notify the Department of Interior whether or not the state will de-velop Gila water. The Commission approved ISC staff recommendations to further refine and study most of the 20 Tier 2 proposals, including 16 non-diversion alternatives and three diversion projects. Municipal conservation scored at the top of the ISC Evaluation Panel’s Tier 2 ranking list. The Commission approved initiation of the Gila Conservation Coalition’s proposal to set up a municipal conservation fund by providing “initial funding of $100,000 made available as soon as pos-sible, and include water harvesting as allowed under Office of the State Engineer Water Use and Conservation Bureau policies. The initial fund-ing for this proposal is intended to test the utility and feasibility of the proposal and thereby provide the Commission with adequate data and information to assess the value of this proposal by 2014,” according to the ISC staff recommendation. “The Gila Conservation Coalition is very pleased that the Com-missioners approved municipal conservation, including water harvest-ing, for further consideration under the AWSA. Municipal conservation

see isc ON p. 3

Get A GRIP Spring 2012

305A N. Cooper St. , Silver City, NM 88061(575) 538-8078 (voice/fax)[email protected]

Mission StatementRecognizing that human and environmental systems are inseparable and interdependent, Gila Resources Information Project pursues two goals: to protect and nurture human communities by safeguarding the natural resources that sustain us all; and to safeguard natural resources by facilitating informed public participation in resource use decisions.

Board of Directors Sally Smith, President Jesse Franklin-Owens, Vice-President Harry Browne, Secretary/Treasurer Michael Berman David Rose M.H. “Dutch” Salmon

Staff Allyson Siwik Executive Director [email protected]

Sally Smith Director, Responsible Mining Program [email protected]

Claire Catlett OSM/AmeriCorps VISTA Staffer [email protected]

Siri Khalsa Membership Coordinator [email protected]

Richard Mahler Newsletter Editor and Production Coordinator [email protected]

GRIP was founded in 1997. It is supported by foundation grants and individual donations. Special gratitude for ongoing support is owed to the McCune Charitable Foundation of Santa Fe.

To become a member and receive a copy of Get A GRIP, a minimum annual donation of $20.00 is appreciated. ($10 for students and low-income residents.) GRIP is a 501(c)(3), tax-exempt organization; your contribution is tax-deductible.

Other Sites:www.vivaverdenm.comwww.gilaconservation.org

Gila Resources Information Project

GRIP AND GCC ARE ON FACEBOOK

GRIP has an active presence on Facebook, where on-line visitors can easily obtain up-to-the-minute program information, post comments, learn about GRIP-sponsored events, see photos, participate in discussions, link to relevant websites, write messages on the Wall, and interact with Facebook members who are also friends of GRIP. You don’t have to be a Facebook member or to log on in order to access GRIP’s pages at www.facebook.com/pages/Gila-Resources-Information-Project/114973118542677. The Gila Conservation Coalition has established a similar presence on Facebook. Check it out at www.facebook.com/pages/Gila-Conservation-Coalition/135218196505549.


cONTiNUeD FROm isc ON p. 1

measures represent a cost-effective way to re-duce the demand for water, extend the life of our water resources and therefore reduce the need to develop costly new water supplies,” stated GCC executive director, Allyson Siwik. “We are disappointed that the full amount of funding recommended by the Evaluation Panel—$500,000—was cut to $100,000 by ISC staff. This represents a significant under-invest-ment in evaluation of water savings through conservation.” The Grant County Regional Water Supply project (separate from the above) along with the Bayard Effluent Reuse project and Grant County Infrastructure and Reser-voir proposal will be considered together to investigate how they “might be combined or refined to best utilize the treated effluent of those communities at the least cost,” accord-ing to the ISC staff memo. The “supply project is a high priority for water users in Silver City and the Mining District, and should be a top priority for the AWSA planning process, since the project meets a real water need now by providing a long-term, sustainable water sup-ply to 26,000 people including Mining District communities with an extremely urgent water need, such as Hurley that has no water rights,” stated Siwik during her February testimony. The ISC also approved investigation of “how the Gila Basin Irrigation Commission Diversion and Storage, Deming Diversion, and Hidalgo County Diversion and Storage propos-als might be combined or refined to realize the greatest synergies and best meet agricultural, municipal, and environmental needs.” “A costly, unnecessary diversion, dam and pipeline would forever change the Gila River’s unique ecology, compromising the eco-nomic, environmental and recreational bene-fits the Gila provides and put a financial bur-den on local water users for decades to come,” explained GCC chairman Dutch Salmon. “Not only has there been no demonstrated need for Gila River water, but we can’t afford the $325-million price tag to build a diversion proj-ect. Even after using the AWSA subsidy of up to $128 million, water users must still come up with $200 million to pay the remainder of the construction costs, an annual exchange cost of at least $2 million/year and annual operation and maintenance costs of $5-to-6-million. We question if anyone in southwest New Mexico can pay for this expensive water.” The ISC also approved assessment of the Luna, Pleasanton, and Sunset and New Model ditch improvement proposals. Along with drip irrigation approved for study at the September 2011 ISC meeting, agricultural con-servation has the potential to significantly im-

ON FebRUARy 29, The isc AppROveD pROjecTs FOR FURTheR sTUDy UNDeR The ARizONA WATeR seTTlemeNTs AcT. The GRANT cOUNTy WATeR cOmmissiON ReGiONAl WATeR sUpply pROj-ecT scOReD 14Th ON The lisT OF 20 pROjecTs RANkeD by The isc evAlUATiON pANel. This is A TRAGeDy GiveN The FAcT ThAT This pROjecT meeTs The FUTURe WATeR NeeDs OF 26,000 peOple iN OUR AReA FOR A FRAcTiON OF The cOsT ($15 milliON vs. $325 milliON) OF A lARGe-scAle DiveR-siON pROjecT (ThRee OF Which scOReD #2, #3 AND #4 ON The lisT). The GRANT cOUNTy ReGiONAl WATeR sUpply pROjecT WOUlD DevelOp 750 AcRe-FeeT OF WATeR peR yeAR AT The GRANT cOUNTy AiRpORT AND mAke ThAT WATeR AvAilAble TO miNiNG DisTRicT cOmmUNiTies ThAT lAck A secURe WATeR sUpply. The pROjecT Will AlsO cONseRve 750 AcRe-FeeT OF WATeR ThROUGh ReUse AT The silveR ciTy WAsTeWATeR TReATmeNT plANT. NOT ONly Will The pROjecT sAve mONey, The ReGiONAl pipeliNe Will cONNecT silveR ciTy TO The miNiNG DisTRicT AND AllOW FOR mORe eFFecTive mANAGe-meNT OF GROUNDWATeR ResOURces AcROss The AReA. e-mAil The isc TODAy AND Tell Them ThAT yOU sUppORT The GRANT cOUNTy WATeR cOmmissiON ReGiONAl WATeR sUpply pROjecT becAUse iT meeTs The DRiNkiNG WATeR NeeDs NOW OF 26,000 peOple iN silveR ciTy AND The miNiNG DisTRicT:

Jim Dunlap, Chairman <[email protected]>; Scott A. Verhines <[email protected]>; Estevan R. López <[email protected]>; Randal Crowder <[email protected]>; Mark Sanchez <[email protected]>; Blane Sanchez <[email protected]> , James Wilcox <[email protected]>; Buford Harris <[email protected]>; Phelps Anderson <[email protected]>; Top-per Thorpe < [email protected] >

prove irrigation efficiency and reduce water demand from the agricultural sector, the largest water user in the four-county area. The ISC also approved working with independent professional experts to as-sess how best to integrate and refine the various watershed proposals to realize the greatest synergies and benefits, as well as further assessment of the Deming Effluent Reuse proposal. Over 15 people provided public comment on the ISC decision to a packed conference room, including Mitch Hellman, a Silver City businessman who co-owns Alotta Gelato. Hellman presented a letter to commissioners on behalf of 120 businesses in southwest New Mexico and the Southwest New Mexico Green Chamber of Com-merce, urging the commissioners to approve responsible, cost-effective, non-diversion alternatives for evaluation as they feel the Gila River is critical to the tourist economy of the region. Lois Fuller, a Catron County resident, told the group that the Gila National For-est and the Gila and San Francisco rivers are “the heart of the whole area. Our economy will suffer if a diversion project goes through. Economic benefit to our local communi-ties is on the line.” Donna Stevens, director of the Upper Gila Watershed Alliance and a partner in the Gila Conservation Coalition, said GCC’s Rosgen diversion proposal “represents a win-win solution for Cliff-Gila Valley irrigators and the Gila River. Redesigning irrigation ditch diversions following a Rosgen-style cross-vane design allows for maintenance of instream flow while also meeting the water needs of irrigators.” The concept will be analyzed as part of the Gila Basin Irrigation Commission’s proposal. Siwik encouraged ISC commissioners to consider that there is enough AWSA funding available as part of the $66-million to fund all of the non-diversion alternatives currently on the Tier 2 list, benefiting farmers, ranchers, municipalities, industry and the environment throughout southwest New Mexico. “The non-diversion projects,” she said, “provide real solutions for southwest New Mexico’s long-term water needs at a fraction of the cost of a large-scale diversion project and most received strong support at the recent multi-stakeholder New Mexico First Town Hall meeting.” The ISC staff is beginning to develop plans for carrying out further study on these projects and will hold a meeting with stakeholders on April 12 to get input on questions that should be addressed through additional assessment. A new website has been developed to serve as a clearinghouse for all information developed under the AWSA process. Although still very incomplete, visit www.nmawsa.org to download studies, project scores and rankings, and other updates on the AWSA planning process.

ACTION ALERT: TELL INTERSTATE STREAM COMMISSION YOU SUPPORT REGIONAL WATER SUPPLY PROJECT


In January, the New Mexico En-vironment Department (NMED) kicked off the regulatory development process for groundwater quality rules for the state’s copper mining industry. GRIP’s Board Presi-dent and Director of Responsible Mining, Sal-ly Smith, serves on the Advisory Committee, and GRIP’s technical consultant, Jim Kuipers, is a member of the Technical Advisory Com-mittee. The New Mexico Environmental Law Center and Amigos Bravos are also participat-ing in the proceedings, along with industry (Freeport-McMoRan and New Mexico Copper Corporation), regulatory agencies (NMED, U.S. Bureau of Land Management (BLM), the state Mining and Minerals Division), and an academic representative (New Mexico Tech). According to a schedule mapped out by NMED, the technical and advisory committees will meet once a month to pro-vide input to NMED, which is creating the draft rule. A complete draft will be available in mid-August, with public meetings planned for Albuquerque and Silver City later that month. Following a month-long stakeholder negotiation process, NMED would present its proposed regulation to the Water Quality Control Commission in September, with the intent to finalize it by the end of 2012. Technical presentations and discus-sions to date have focused on liners, leach pad and materials characterization and han-dling. The Advisory Committee has provided input on requirements for variances and per-mit fees, specific definitions, public comment process, and other administrative details. Since last fall’s price dip caused by speculation about the Chinese market, cop-per is up to a 200-day moving average market price of about $3.80 per pound, according to Reuters. With sustained high prices, FMI con-

tinues to develop plans and pursue addi-tional permits that will expand its mining activities in Grant County. The company will bring its Chino mill up to full capacity by mid-July, after approval by NMED of a second process water line. FMI continues progress to re-open the Cobre Mine in 2015. A community open house meet-ing concerning projects related to the reopening of the Cobre Mine is planned for April or May in order to give residents a general update on Cobre-related issues. FMI continues to make progress on reclamation at the Chino mine site. The company has reclaimed over 2000 acres, including scraping some areas on the east side of the tailings dam contami-nated by windblown and waterborne tail-ings. One million cubic yards of this mate-rial has been recovered and incorporated into the reclamation work. Reclamation of Chino Pond 6 is complete, with Ponds B & C scheduled for completion by March 2013, and Lake 1 by late 2013 or early 2014. The Mining and Minerals Divi-sion’s Tyrone waiver has not yet been approved due to additional requirements from MMD. FMI is required to revise maps and cost estimates for reclamation of in-terior slopes. FMI is also petitioning for Alternative Abatement Standards at the Tyrone Mine and has submitted its Notice of Application. The alternative standards are for areas where the Tyrone mine will not be able to meet water quality stan-dards. The mine plan is to pump and treat all contaminated water to standards and discharge, at closure, in some way as yet undetermined. The BLM initiated the envi-ronmental impact assessment for the Copper Flat Mine located four miles out-side of Hillsboro, in Sierra County. New Mexico Copper Corporation submitted a Mine Plan of Operation to BLM to re-open the copper mine. Scoping ended in late February, before which the public was invited to provide comments on the planned construction, operation, and mine reclamation at Copper Flat.

by Sally Smith, Director of Responsible Mining

see sb9 veTO ON p. 6

The so-called “Corporate Fair Tax” bill vetoed by New Mexico Gov. Su-sana Martínez will likely be reintroduced during the 60-day session of the state leg-islature next year, according to the mea-sure’s sponsor. The Republican governor rejected Senate Bill 9, which would have changed the way certain large corpora-tions based outside the state are taxed on business they conduct within the state.Martínez suggested SB9 would promote a kind of “misguided and arbitrary tax poli-cy” that “is not the way to foster economic growth in New Mexico.” The bill’s author, Peter Wirth (D-Santa Fe) expressed extreme disappoint-ment with the veto and vowed to try again in 2013. Enjoying overwhelming public support according to recent polls — and bipartisan approval in both the state Sen-ate and House after almost a decade of unsuccessful attempts at passage — SB9 would have closed a tax loophole benefit-ing out-of-state firms, lowered the corpo-rate income tax rate for small New Mexico businesses, and leveled the playing field in other ways for state-based businesses. “New Mexico is the last West-ern state that allows ‘big-box’ companies [and any other corporation] to use this loophole to avoid taxes and shift the tax burden onto the backs of Main Street businesses,” the Santa Fe New Mexican editorialized following the veto. “These large companies go to great extremes to not pay taxes in the community they are selling in. WalMart, for example, created a holding company in Delaware [a state with no corporate income tax] for the

GOVERNOR VETOES CORPORATE FAIR TAX BILLFreeport-McMoRan big winner

MINING UPDATE: COPPER RULE ADVISORY COMMITTEE, COPPER FLAT SCOPING...AND MORE

phOTOGRAph AT RiGhT shOWs FReepORT-mcmORAN RepReseNTATives hOsTiNG A TOUR OF ThRee siTes AT The chiNO miNe TO be AssesseD by The NATiONAl ReNeWAble eNeRGy lAb AND The eNviRONmeNTAl pROTecTiON AGeNcy FOR TheiR FeAsibiliTy ANAlysis iN siTiNG A phOTOvOlTAic eNeRGy pROjecT. (GRip phOTO)

by Richard Mahler, Newsletter Editor

celebRATe eARTh DAyApRil 21

AT silveR ciTy’s GOUGh pARk(see ADs ON pAGes 2 AND 8 FOR mORe

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After more than ten years of discussions with state and federal officials to keep the pressure on regarding the natural re-source damage claim against Freeport-McMoRan (FMI), a settle-ment was reached between the company and state and federal governments on compensation for wildlife and ecosystem dam-ages caused by mining activities at the FMI-owned Chino, Cobre, and Tyrone mines. Terms require FMI to pay $5.5-million in dam-ages, transfer 715 acres of grassland to the City of Rocks State Park, and pay $59,750.99 to the Department of Interior (DOI) for related assessment costs. This settlement is in addition to the $13-mil-lion paid by the company in 2011 to settle groundwater damages caused by its mines. The consent decree was approved in U.S. Dis-trict Court in February. The settlement of damages is the result of a complaint brought by the U.S. Department of Justice on behalf of the DOI, New Mexico Office of Natural Resources Trustee (ONRT), and New Mexico Attorney General against FMI for natural resource dam-ages to wildlife and wildlife habitat that occurred from hazardous releases from the Chino, Cobre, and Tyrone mines. The ONRT and U.S. Fish and Wildlife Service (USFWS) will draft a restoration plan that will outline potential projects to restore wildlife and wildlife habitat. “Since the wildlife resource injuries that occurred as a result of the release of hazardous sub-stances from the mines relate specifically to birds”, explained Re-becca Neri Zagal, Executive Director of the ONRT, “the focus of the restoration effort will be on projects that provide benefits to birds and the habitat that supports them.” ONRT, in conjunction with USFWS, will facilitate an infor-mal scoping process to solicit potential projects for the restoration plan/environmental assessment. An informational meeting will be held from 9 to 11:30 am on May 30 at the Silver City Annex Build-ing (1203 N. Hudson; do not park in bank lot) to answer questions about this process. If you would like to submit a project for consid-eration, ideas are due June 30, 2012. More information is posted at http://www.onrt.state.nm.us/ChinoCobreTyrone.html.

COURT APPROVES SETTLEMENT OF MINE-RELATED WILDLIFE, ECOSYSTEM DAMAGEFMI Must pay $5.5-MIllIon, transFer land to cIty oF rocks

material at their mine site. This will save a significant amount of money and allow for that funding to be spent on other important groundwater restoration projects here in Grant County.” It is un-clear at present what the costs savings will be. According to the Groundwater Restoration Plan, the Bayard Wastewater Treatment Plant Reuse Project and Hurley Sewer Line Replacement are on the ONRT’s Tier 1 list for the second round of funding and will be considered once the first-round projects are implemented. Mini-mizing the costs for round one means that there will be funds left over for round-two projects. In addition to the San Vicente Tailing Clean-up under the Tier 1 list for the first round of funding, the Office of the Natural Resource Trustee is moving ahead with intergovernmental agree-ments for the Silver City North/Blackhawk Sewer Line Replace-ment and two projects with Santa Clara for wellhead protection and sewer improvements. [See related story above concerning FMI-settlement-related restoration projects.]

cONTiNUeD FROm GROUNDWATeR ON p. 1 Southwestern New Mexico Audubon Society has published a “Greenways” brochure describing the hiking trails, history and bird life along three Silver City walking trails: San Vicente Creek, Boston Hill, and La Capilla Wetlands. In addition to maps of the trails for each area, the full-color brochure includes photographs and interesting in-formation about each area. The brochure also lists the more commonly sighted birds that may be seen along the trails. The “Greenways” brochure will be available at Audubon meetings at Harlan Hall on the campus of WNMU the first Friday of every month. Copies can also be obtained at the GRIP office, the Silver City Visitor’s Center, Silver City Museum and Silver City Public Library. It is also available as a downloadable PDF at www.gilaresources.info . The brochure was produced by local members of Audubon and Gila Resources Information Project VISTA proj-ect and made possible with funding from National Audubon Society.

NOW AVAILABLE:SILVER CITY GREENWAYS BROCHURE


STATE ENGINEER DENIES AUGUSTIN RANCH WATER APPLICATION

by Allyson Siwik, GRIP Executive Director

DURiNG sUmmeR’s mONsOON RAiNs, WATeR bAcks Up behiND cONTAmiNATeD TAiliNGs AlONG sAN viceNTe cReek ThAT ARe NOW scheDUleD FOR RemOvAl. (GilA ReGiON sUsTAiNAble cOmmUNiTy NeWs phOTO)

environmental education in local schools, coordinating the Silver City Watershed Keep-ers, and helping to organize July’s Big Ditch Day and September’s Gila River Festival. She hopes to do considerable grant writing so that GRIP can secure funds to continue and expand such endeavors when its three-year VISTA contract expires at the end of next Feb-ruary. “I’d like to get more support for some of our programs,” she says, “and greater involvement among students at local public schools and WNMU.” In addition, Catlett seeks expanded coordination with area hiking and arts groups as well as government agencies for such projects as trail upgrades, youth edu-cation, and habitat restoration. “I’m a filter for new ideas,” she says. “I want to hear from anyone who has sug-gestions for things they think we should be working on.” Catlett grew up in Virginia and grad-uated from that state’s Roanoke College with a B.A. in International Relations. She went on to earn an M.A. in International Develop-ment from Colorado’s University of Denver. Catlett completed a Boulder internship with the Global Greengrants Fund. The latter, she explains, helps funnel money to non-profit grassroots organizations around the world. Catlett has volunteered in the realm of hunger issues and urban gardening. She describes herself as eager to foster “a bright, more just, and verdant future for local com-munities and our nation alike.” And while GRIP’s newest staffer en-joys the trails and open space of Boston Hill, she agrees that “the century of mining activ-ity really took a toll.” Those interested in volunteering for current GRIP projects under Catlett’s direc-tion, such as the Silver City Watershed Keep-ers, are invited to contact her at [email protected] or by calling 575.538.8078.

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In early April, New Mexico State Engineer Scott Verhines denied an ap-plication by Augustin Ranch LLC to withdraw 54,000 acre-feet per year of wa-ter from the San Augustin Basin, west of Socorro, and pipe it to the Rio Grande Valley for an undefined purpose. The Gila Conservation Coalition, of which GRIP is a partner, was one of about 80 protestants of the application represent-ed by attorney Bruce Frederick of the New Mexico Environmental Law Center. GCC’s concern was that, given the hydrological connection be-tween the San Augustin Basin Aquifer and the headwaters of the Gila Riv-er, annual withdrawals of 54,000 acre-feet could diminish flows on the Gila. Frederick filed a motion to dismiss the application in February 2011. In his April 2 decision, the State Engineer found that “Consideration of an application that lacks specificity of purpose in the use of water or specific-ity as the actual end-user would be contrary to sound public policy…..To con-sider or approve an Application that, on its face, is so vague and overbroad that the effects of granting it cannot be evaluated is contrary to sound public policy.” Frederick said “the State Engineer’s decision confirmed what most ob-jective water lawyers already knew — you can’t take the public’s water, unless you have a concrete beneficial use in mind. In this case, the applicant just wanted to hoard the water until its value increased enough to justify selling the water or the entire project on the open market. This is commonly how ore deposits like gold, copper, and silver come to market, but under our Constitution, water be-longs to the public and cannot be hoarded or exploited like a mineral resource.”

purpose of transferring income in order to avoid income tax liability under New Mexico law.” But what about the tax liabilities of non-retail corporations headquar-tered outside the state? What about Freeport-McMoRan Copper & Gold (FMI), a corporation operating internationally that is based in Phoenix yet pays no corpo-rate income tax in New Mexico? Current data are difficult to find, but a July 27, 2010, report by the non-profit Foundation for Job Creation said the Grant County assessor refused its re-quest to know how much the county received from FMI for its large number of property tax bills. A state spokesman requesting anonymity told the Foundation that New Mexico’s tax code does not seem to require FMI to pay taxes locally re-lated to “gold, molybdenum, or any other mineral [it extracts] ...besides copper.” From August 2009-April 2010, the latest time period for which data are available, New Mexico’s Department of Taxation and Revenue reported that copper mining activity contributed just under $2-million in resources excise tax (which goes to the state’s general fund) and $225,678 in state severance tax. (FMI currently operates the only active copper mines in the state.) In 2011, gross receipts taxes paid to the county and state by the min-ing sector in Grant County totaled $2.5-million, most of it paid by FMI. About $43.5-million in total gross receipts was collected within that county sector last year. Under current regulations, there is no requirement that any of gross receipts tax revenue collected by government authorities be redistributed to the specific municipalities, such as Hurley and Bayard, in which the company operates. According to a report in endgame.org, many of FMI’s operations “enjoy tax-free status under the 1987 Internal Revenue Code (Section 7704) exemption for partnerships that derive 90 percent or more of their gross income from natu-ral resources.” Under terms of the 1872 Mining Act, the U.S. government receives no federal royalty payments for hard-rock minerals extracted from its territory, including copper. According to the FMI website, its 2011 net income was $4.6-bil-lion, compared with $4.3-billion the previous year. Last February, New Mexico Mining Executive Director Mike Bowen estimated mining today has a $4.4-billion impact on the state’s economy.

FROm sb9 veTO ON p. 1


AUTHOR CRAIG CHILDS TO KEYNOTE SEPTEMBER’S ANNUAL GILA RIVER FESTIVAL

In 2012, GRIP will be trimming non-members from its mailing list in order to cut costs. We hate to do this, but preparing and distributing GetAGRIP is expensive and not supported by advertising. We believe subscriptions are best kept as a discrete benefit for those who maintain their membership in our nonprofit organization. So if GetAGRIP stops appearing in your mailbox, you’ll know why.

PLEASE RENEW YOUR MEMBERSHIP . . . Or You’ll Lose GetAGRIP

LAST YEAR’S KEYNOTE SPEAKER BLOGS ABOUT GILA RIVER

The many forms and facets of storytelling take center-stage at this year’s Gila River Festival. Throughout human ex-perience, stories have helped connect us to place and community. They allow us to inhabit our natural environment emotion-ally: to feel a visceral bond that moves us to protect nature. Stories shape the way we live and think about our planet. Tales of America’s splendor encouraged a flood of immigra-tion to the New World, and later persuaded pioneers to pack their wagons and settle the frontier. Although the West is now fully populated, the region’s growth shows no signs of stopping. With environmental problems at an all-time high, it’s past time to develop solutions, brainstorm strategies, and reconsider our relationship to this part of the world. In short, we need to create new stories. At the 8th Annual Gila River Festi-val, we will do exactly that. From Septem-ber 13-16, 2012, we will tell classic stories of the Gila and generate new ones. Join mas-ter storyteller Craig Childs — author of The Secret Knowledge of Water, House of Rain, and The Animal Dialogues — as he weaves the magic of the Gila into whole cloth. In addition, award-winning long-time GRIP board member and photogra-

by Donna Stevens, Coordinator, Gila River Festival

WRiTeR-AcTivisT cRAiG chilDs (cOURTesy phOTO)

We invite you to read the blog posting of Global Water Policy Project director and award-winning author Sandra Postel, describing elo-quently her experience visiting the Gila River and participating in the 7th annual Gila River Festival during the autumn of 2012. The post is available on-line as part of National Geographic’s “Newswatch.” It’s entitled Still Wild and Free, New Mexico’s Gila River is Again Under Threat (http://newswatch.nationalgeographic.com/2011/09/27/still-wild-and-free-new-mexicos-gila-river-is-again-under-threat/). Postel serves as lead water expert for the National Geographic’s Freshwater Initiative.

pher Michael Berman will release a new book of pho-tos and essays to coincide with the Festival. We’ll host an evening reception and booksigning for Berman and The Gila: Radical Visions, Enduring Silence. Some of the writers featured in the pages of his book also will tell stories about the river during this year’s event. The Gila River needs — and deserves — a new story. Or perhaps we need to return to an ancient story, one that values and respects the natural world, its rivers and wild places. There are misguided forces that want to divert and dewater the Gila River; people who don’t sense its wonder or magic, but instead view it as a resource to be exploited and sold to the highest bidder.Our calling is to save the Gila, to rewrite the stories of how we inhabit this arid land, and to re-imagine our relationship with water, that most sacred essence.

michAel beRmAN

GilA RiveR DesceNDiNG FROm mOGOllON bOx iNTO AGRicUlTURAl AReA eAsT OF cliFF. (GRip File phOTO)

Address change service requested. Printed on recycled paper.

Gila Resources Information Project305A North Cooper StreetSilver City, NM [email protected]

Nonprofit Org.U.S. Postage

PAIDSilver City, NM

Permit No. 4

APRIL 20 - Screening of documentary film, Gasland - 7 pm; Silco Theater, downtown Silver City; $5 donation appreciated. Film intro and discussion led by Tricia Snyder, Las Cruces-based Coordinator for Food & Water Watch.

APRIL 21 - Earth Day - Silver City’s Gough Park, 10 am–2 pm. Over 30 local organizations and businesses join in for a day of fun and celebration of Mother Earth. Entertainment, food, and activities. Plants (vegies, natives, herbs), rainwater harvesting tanks, sun ovens and more on sale. Contact [email protected] or 575.538.8078. APRIL 21 - Annual e-waste recycling event - Across from Gough Park at 12th & Pope, 10 am–2 pm. See ad on page 2. $5 donation re-quested for old-style TVs and monitors. Non-electronic recyclables also accepted. Contact [email protected] or 575.519.8987.

SEPTEMBER 13-16 - Eighth Annual Gila River Festival: The Wild River Speaks! - Various locations. Keynote speaker is mas-ter storyteller Craig Childs, weaving Gila magic into whole cloth. Guggenheim Fellow photographer Michael Berman’s new book of photos and essays, The Gila: Radical Visions, Enduring Silence, will be released to coincide with the Festival, and we’ll host an opening reception and book signing. Some writers from Michael’s book will also tell their stories during the Festival. Favorites such as guided birding and native plant hikes, kayak trips will be offered. See www.gilaconservation.org for more information. Schedule and registra-tion available in July. Volunteers and suggestions welcome.

CALENDAR OF UPCOMING EVENTS

IN THIS ISSUE:

• ISC ACTION ALERT • MEET CLAIRE CATLETT• MINING DEVELOPMENTS• AWSA PROJECT UPDATES• GROUNDWATER RESTORATION• EARTH DAY/E-WASTE EVENTS• GILA RIVER FESTIVAL PLANS• SB9 VETO AND MINE TAXATION

INTERSTATE STREAM COMMISSION APPROVES … Spring Newsletter 2012... · allow for disposal of San...

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