ALBUQUERQUE, N.M. – Oral arguments will be held tomorrow in the Aquifer Science water grab case. Residents are challenging developers’ attempts to resuscitate a failed water appropriation in a thinly veiled water speculation attempt. This case is an appeal of the 2014 decision by the Office of the State Engineer (OSE) denying Aquifer Science’s application for 717 acre-feet of water/year (afy) for a purported luxury development in the East Mountains.
Tuesday, June 13 at 1:30
Courtroom of Judge C. Shannon Bacon
2nd Judicial District, 400 Lomas Blvd, Albuquerque
*Cellphones not allowed in the courthouse
06/12/2017 • Back to top
The Bernalillo County Planning Commission voted on Wednesday (June 7) to recommend approval of the Santolina’s request to strip water requirements from its Level B approvals. Developer, Western Albuquerque Land Holdings (WALH) has asked the County to disregard mandatory water requirements in its approval process because it does not yet have a necessary water agreement with the Albuquerque-Bernalillo County Water Utility Authority.
At Wednesday’s Planning Commission meeting, commissioners considered WALH’s formal request to remove conditions that require it to prove that the development has water before it can obtain its Level B approvals. The Planning Commission’s recommendation now goes to the Bernalillo County Commission.
NMELC, its clients and allies vow to continue the fight against this ill-advised mega-development.
06/08/2017 • Back to top
Our clients (including SouthWest Organizing Project and Pajarito Village Association) won an important victory on June 2 when state District Court Judge Nancy Franchini ruled that the 2015 Santolina approval process was flawed.
Judge Franchini’s decision reverses and remands the Bernalillo County Commission’s (BCC’s) approval of the project’s “Zone Map Amendment,” which changed the zoning for the developer’s site from “A-1 Rural-Agricultural” to “Planned Community”. This step was required before any other approval steps could be taken by the BCC.
On Tuesday, June 6, attorneys for the Law Center submitted a memorandum asking the Judge to clarify her decision.
06/06/2017 • Back to top
“We respectfully disagree with the judge’s analysis relating to the master plan,” said Douglas Meiklejohn, the executive director and an attorney with the New Mexico Environmental Law Center. But he added that her ruling on the zone change decision is a “big victory for fairness and due process.” Albuquerque Journal
Go to Albuquerque Journal for full story.
06/02/2017 • Back to top
Attorney Douglas Meiklejohn, who represented Santolina opponents in the case, said he disagreed with Franchini’s decision regarding the master plan, but was happy that she struck down the zoning change.
“We respectfully disagree with the judge’s analysis as to the master plan, but we believe that the determination that our clients were denied fairness in the proceedings regarding the zoning is a major victory for fairness in these kinds of proceedings and for members of the public who want to participate in these kinds of proceedings,” Meiklejohn said. ABQ Free Press
Go to ABQ Free Press for full story.
06/02/2017 • Back to top
“It’s about time someone in a position of power called out the Commissioners like De La Cruz who disrespect us, mislead us, and step over us on behalf of the developers.” Roberto Roibal, SWOP
ALBUQUERQUE, N.M. – Today, the Honorable Judge Nancy Franchini of the New Mexico Second Judicial District Court, ruled that the Bernalillo County Commission did not grant community advocates a fair hearing when it approved the “Zone Map Amendment” (ZMA) for the proposed Santolina mega-development. The decision hinged on a pro-Santolina Op-Ed in the Albuquerque Journal that was penned by former Commissioner Art De La Cruz before a public hearing was held on the proposed development. Commissioner De La Cruz voted in the majority in a 3-2 vote to approve the ZMA and Level A Master Plan on June 16, 2015.
06/01/2017 • Back to top