Archive
Taos Ski Valley Has No Water Again
4/2/2023
For the second time in about 10 weeks Taos Ski Valley has run out of water. We heard rumors yesterday that there were water issues at some facilities in the Valley. But this morning its official with TSVI's website announcing "Resort Closed Due To Village Water System Failure".
We have no information on what went wrong this time. But isn't it past time for an in-depth assessment of the water (and sewage) situation in TSV with a community-wide effort to resolve the problems? Everyone is impacted by these issues; the Village residents, the downstream communities, TSVI, visitors, and the larger region. Everyone should have a say in how they are resolved.
And these outages raise serious questions about the TSVI's and the Village's plans for an expanded multi-season resort or, more immediately, their ability to keep the Ski Valley open during Ski Season.
Update 10:45 AM
The skitaos.com website has been update to include a separate page about the outage. It reads in part: "Due to a village municipal water distribution system failure, the resort does not have adequate water to operate today, Sunday, April 2nd. We will remain closed until further notice." [Emphasis added]
The Village of Taos Ski Valley has also updated their website. The homepage includes a notice: "April 2, 2023 8:30 am An unfortunate private residence water service line leak, and then a second leak, have depleted the Village’s water system storage tanks. Water is available from the Phoenix Spring but is not able to pressurize the lines to the residences and now to the Village Core. Public Works Crews continue to work non-stop to identify and isolate certain areas where excess water is being drained. There is no identified timeline for correction of these problems at the moment." [Emphasis added]
The Taos News has an article about the leak. They supply this additional information: "The leak is coming from a residence on Phoenix Switchback and is flowing down to Twining Road," Wittman said. "In order to get water back into that tank Village staff will isolate the Phoenix Switchback line until the resident’s supply line can be dug up and shut it down. This will take several days. [Emphasis added]
Requesting an Extension of Draft Environmental Analysis Comment Period
March 28, 2023
Every day we take a few minutes to review the lastest comments submitted to the Forest Service about the Gondola project. In the last few days we've seen a number of folks requesting an extension of the comment period. We think that is a great idea and believe that a 90-day extension would be beneficial to everyone involved.
A couple of things about requesting an extension:
An extension is allowed by regulation and policy. From page 20 of A Citizen's Guide to NEPA 2021 (An Office of the President Publication) : "An agency may grant requests to extend the comment period to ensure enough time for the public and other agencies to review and comment". Furthermore the EPA (the agency which "owns" the NEPA process has a policy and procedure for agencies, like the Forest Service, to extend the deadline for comments.
If you are going to ask for an extension be sure to justify why an extension is needed. Something like this should work:
"we ask the CNF to extend the public comment period to ensure that all interested stakeholders have a meaningful opportunity to evaluate impacts and provide substantive comments"
(Thanks to New Mexico Wild for that language)
Analysis of the Draft Environmental Assessment for the Gondola Project
March 27, 2023
It is obvious that the Forest Service did not follow their own regulations when they developed the Draft Environmental Assessment. They also did not follow NEPA regulations. We believe these omissions make the Draft Environmental Analysis and the Scoping Notice incomplete and invalid. We encourage everyone to ask the Forest Service to remand the Draft Environmental Assessment and restart the process with the goal of conducting a more in-depth Environmental Impact Statement.
Regulatory Issues:
The potential for a conflict of interest between the writers of the Draft Environmental Assessment and the NEPA process.
Relevant policies/regulations/laws:
Failure to notify and engage with Acequias and Land Grant Communities and other rural, historic communities.
Limiting the scope of the Draft Environmental Assessment so that valid, foreseeable and cumulative effects were ignored.
Significant items were added to the Draft Environmental Assessment that were not included in the Scoping Notice.
Failure to include and discuss reasonable alternatives and "No Action" alternatives.
Failure to include Adaptive Management recommendations to mitigate identified issues.
Failure to consider and address unresolved conflicts over water issues
Failure to include specific actionable information on the location and type of processes to be used to handle sewage from the new restaurant and the replacement for the Whistlestop.
An Environmental Assessment is inadequate to address all of the issues and potential impacts of this large scale and complex project. An Environmental Impact Statement is the appropriate process for projects of this scale and complexity.
Technical and Factual Issues with the Draft Environmental Assessment:
1. Failure to consider available data on the water quality of the Rio Hondo despite it being publicly available
2. Failure to consider available evidence about the presence of wetlands in the project area
3. Failure to consider aviailable evidence about wildlife effects of the project
4. It may be against N.M. Water law for the Ski Valley to store water from the Rio Hondo in a storage tank for later use. If so, the Ski Valley Inc. would not have sufficent water rights to fill and use the planned 5,000,000 gallon water tank.
5. Dicrepencies between planned uses of water and statements that water use would not be increased.
6. Socio-economic impacts are only considered for winter sports, but this proposal will effect year-round activities
7. Mischaracterization of elements of the project. The EA speaks of the replacement of the Whistlestop Café as an upgrade or a relocation. It is not an upgrade, it is new construction. The current whistlestop will be demolished and a new building in a new location will be constructed. The only thing to be reused will be the name.
8. Failure to address visible ongoing erosion issues at the site of the proposed Nordic Center.
Responding to the Draft Environmental Assessment for Taos Ski Valley Gondola and Other Improvements Project
March 16, 2023
Comments are due by 4/10/2023 11:59:59 PM (Mountain Standard Time)
The Project Home Page is here
The Draft Environmental Analysis is here
The supporting technical documents are here
Submit your comments here
You can read all the comments here
===============================================
Commenting on the Draft Environmental Assessment is a process oriented activity. That is, your response should address issues related to the NEPA process. It's not enought to just say you are against the projects, you have to be specific about what is wrong with the Draft EA. Responses that don't address issues with the process won't have an impact on the Forest Service's decision making process. NEPA process issues include, but are not limited to:
Unaddressed relevant issues: For example the presence of wetlands in the project area
Miscategorized intensity: For example saying an issue will only have a minor impact when there is evidence that it will have a major impact
Failure to consider evidence: Is there a study or data that the Forest Service did not consider?
Failure to consider alternatives: This Draft EA fails to consider the "Take No Action" alternative. That is the FS did not consider denying the projects. There may be other alternatives that should have been considered.
Not following NEPA regulations: The NEPA regulations are full of required deadlines, required steps, evidenced to be considered and many other actions. Were all of these followed? If not, bring up those omissions. A guide to the NEPA process is here.
Read the information at Tips for Writing Comments for a Draft EA and What is NEPA for much more information on the process and the issues you can raise.
In general:
Be polite. Don't be angry or abusive
Be specific. Point out specific examples and evidence that support your position. Reference studies or public information that supports your position.
Be informed. Read the Draft EA and the Technical Documents
Wherever possible Include page numbers from the EA that address the issues you are raising
Update: Forest Service Seeks Comments on Draft Environmental Analysis for Taos Ski Valley Gondola and Other Improvements Project
March 12, 2023
The Forest Service has provided a specific deadline for the next round of comments on the Gondola Project:
"Your comments are requested through 4/10/2023 11:59:59 PM (Mountain Standard Time)"
Forest Service Seeks Comments on Draft Environmental Analysis for Taos Ski Valley Gondola and Other Improvements Project
March 9, 2023
This is the next step in the Forest Service process for considering the Gondola and other Improvements Project in Taos Ski Valley. The Forest Service has decided that they will do an Environmental Assessment instead of a more rigorous Environmental Impact Statement. Comments are due by April 8th.
Please note that the Forest Service wasn't clear about the due date for the last comment period. To be sure your comments are considered plan on submitting them well before the due date.
Be sure to read the full Draft Environmental Assessment as well as the Technical Reports
A public meeting regarding the project will be held by Forest Service on March 23 from 6:00 - 7:30 PM at Taos Ski Valley. The public meeting will be held at the Taos Tent (7 Thunderbird Road, Village of Taos Ski Valley).
We plan to provide more information on this important process in a few days. Please check back soon.
The Project Home Page is here
The Draft Environmental Analysis is here
The supporting technical documents are here
You can read the comments that were submitted for the Scoping Announcement here
Update & Call To Action On Acequia Disaster and Infrastructure Funding Bills
From the New Mexico Acequia Association
February 13, 2023
Dear Acequia Leaders,
Thank you to everyone who has already sent letters/emails or made calls regarding the two important bills we are advocating for in the current NM Legislative Session, which would increase funding for acequia disaster and infrastructure funding and more agency staff to complete acequia infrastructure projects statewide!
We especially appreciate everyone who came to the Senate Conservation Committee meeting last Thursday in-person or on Zoom to give testimony in support. However, the bill was postponed to Tuesday, February 14th. We are now first on the agenda so we will not be bumped again!
We are asking supporters to send ANOTHER email to contact Senate Conservation before the hearing tomorrow. The same letter will also be sent to Senate Finance Committee members to inform them about the bills as the deliberate over water priorities.
See below for background on the bill, and instructions on how to take action by signing our letter, calling your Senators, or attending Tuesday's Senate Conservation Committee hearing.
BACKGROUND:
SB 176 (Campos, Jaramillo, Stefanics) Acequia Fund for Disaster Recovery: This bill amends the Acequia and Community Ditch Infrastructure Fund (ACDIF) Act to include "disaster recovery" to the purpose of the fund and increases the annual appropriation to the ACDIF from $2.5 million to $5.0 million.
SB 239 (Campos, Sanchez) Stream Commission Acequia Bureau: This bill creates an Acequia Bureau at the Interstate Stream Commission. The purpose is to ensure that the acequia program, which administers Capital Outlay and the ACDIF, has dedicated staffing. This will improve the timely completion of acequia infrastructure projects.
SB 176 and SB 239 promote rural equity by ensuring access to infrastructure funding and disaster recovery in New Mexico's underserved rural communities.
Improved funding and agency capacity will improve outcomes and timely completion of acequia infrastructure and disaster recovery projects.
SB 176 and SB 239 address the increased need for acequia infrastructure funding arising from disasters related to fires and floods in New Mexico.
SB 176 adds language ensuring that acequias and community ditches would not be required to provide a local cost share to receive funds from the ACDIF.
For more talking points, click on the links below:
HOW TO TAKE ACTION TODAY:
A. Please SIGN and SHARE our Action Network Letter Campaign here (this takes just a few minutes, and will automatically send a letter to all Committee Members): https://actionnetwork.org/letters/support-sb-176-239/
B. If possible, please attend and make a public comment at the Senate Conservation Committee in person or via Zoom. The Committee will meet tomorrow, Tuesday, February 14th, 2023 at 9:00 am in Room 311.
You can also join via Zoom at the link below:
https://us02web.zoom.us/j/7739881331
or via telephone US: +1 253 215 8782 Webinar ID: 773 988 1331
C. If you would like to make follow up calls to Senate Conservation or Finance Committee members, click here for a contact list.
Any questions regarding legislative issues can be directed to: jaimie@lasacequias.org
Con respeto,
The New Mexico Acequia Association Team
CALL TO ACTION - Support HB 121
From the New Mexico Acequia Association
March 9, 2023
Due Process in Expedited Water Leases
Dear Acequia Leaders and Supporters,
HB 121 passed two House committees and is on the calendar for a vote before the House of Representatives. Please contact members of the House of Representatives and urge them to support HB 121!!
HB 121, as passed by the House Judiciary Committee (HJC), protects due process in water lease applications and also creates a new process for "expedited leases." The bill creates a new tool for the State Engineer for certain leases to be fast-tracked. The bill also requires that State Engineer may approve a lease application only after requirements for public notice, opportunity for protest, and mandatory public hearings are met. Water leases under a certain cap and timeframe are eligible for the expedited lease process.
The bill addresses the need for a lawful, expedited lease process. In recent years, the State Engineer was granting lease applications that skipped due process requirements through "preliminary approval." This practice has been deemed unlawful by a District Court ruling and a recent Attorney General Opinion. The process outlined in HB 121 (as amended by HJC) is the result of a compromise with the State Engineer.
It is vital to to have transparency in any applications that could affect existing and senior water rights, as well as our rivers and aquifers. HB 121 ensures that communities potentially impacted by water leases are provided with public notice and due process protections.
Click here for more talking points and to see the list of supporting organizations.
If you have any questions, please reach out to: paula@lasacequias.org
February 11, 2023
The Village of Taos Ski Valley has published an update on its Capital Improvements Projects. It contains limited but new information on the Gunsite Springs Development, Kachina Wetlands and activity around the hiker parking lot and trailhead among other projects. Also from its January meeting the Planning and Zoning Commission published budget information about those projects. Total budget: $31,000,000. That's a lot of captil improvement money for a tiny village with minimal staff.
Forest Service Action Delayed Again
January 18, 2023
The estimated date for the Forest Service's next action on the Scoping Notice for the "Taos Ski Valley Gondola and Other Improvements Project" has been pushed back to April 1, 2023. The Forest Service previously projected that they would have the analysis and a preliminary decision made by November 2022.
The Project Home Page is here
You can read the comments that were submitted here
Comments are due by 4/10/2023 11:59:59 PM (Mountain Standard Time)
The Project Home Page is here
The Draft Environmental Analysis is here
The supporting technical documents are here
Submit your comments here
You can read all the comments here
===============================================
Commenting on the Draft Environmental Assessment is a process oriented activity. That is, your response should address issues related to the NEPA process. It's not enought to just say you are against the projects, you have to be specific about what is wrong with the Draft EA. Responses that don't address issues with the process won't have an impact on the Forest Service's decision making process. NEPA process issues include, but are not limited to:
Unaddressed relevant issues: For example the presence of wetlands in the project area
Miscategorized intensity: For example saying an issue will only have a minor impact when there is evidence that it will have a major impact
Failure to consider evidence: Is there a study or data that the Forest Service did not consider?
Failure to consider alternatives: This Draft EA fails to consider the "Take No Action" alternative. That is the FS did not consider denying the projects. There may be other alternatives that should have been considered.
Not following NEPA regulations: The NEPA regulations are full of required deadlines, required steps, evidenced to be considered and many other actions. Were all of these followed? If not, bring up those omissions. A guide to the NEPA process is here.
Read the information at Tips for Writing Comments for a Draft EA and What is NEPA for much more information on the process and the issues you can raise.
In general:
Be polite. Don't be angry or abusive
Be specific. Point out specific examples and evidence that support your position. Reference studies or public information that supports your position.
Be informed. Read the Draft EA and the Technical Documents
Wherever possible Include page numbers from the EA that address the issues you are raising
The Village of Taos Ski Valley Declares Water Insufficient to Support New Hotel St. Bernard
TSV Inc. recently applied for a Conditional Use Permit for the Reconstruction of the Hotel Saint Bernard from the Village of Taos Ski Valley. You can read their application and Village staff responses here. In responding to the application Village Staff stated "Currently, there is insufficient water supply within the Village water distribution system to serve the proposed redeveloped Hotel Saint Bernard property".
The Village Public Works Director reinforced the Staff report writing "Currently, the Village of Taos Ski Valley does not have the available Water Capacity to support your project (confirmed by the Water Study)." Data supporting the lack of water was referenced and included in the materials supplied to the Planning and Zoning Commission.
The Village staff recommended that TSV Inc. "proceeds at their own risk" in developing the project without adequate water being currently available. The Village projects that sufficient water supplies will be available in the future but is not promising that they will be available when the project is completed.
Other issues were noted by the Village Staff including parking, pedestrian safety, avalanche hazards, drainage, wastewater treatment and building height. The Village has not yet posted the meeting minutes so we don't know if the Commissioners approved the permit with or without conditions.
TSV Planning and Zoning Commission Declines Gondola Property Purchase
On November 14 the TSV Planning and Zoning Commission rejected TSV Inc's proposal to purchase 4.4 acres for $90,000 (FYI: Land in TSV is currently selling for about $1,000,000 acre). TSV Inc. proposed to use the land to locate towers for its Gondola project. According to the Village, TSV Inc. plans to submit a proposal to instead try to purchase an easement on the land at a later meeting. Read more here and here.
In other P&Z news: during its December meeting the Commission discussed approving a Conditional Use Permit for the Reconstruction of the Hotel Saint Bernard. No word yet on how they voted, but the supporting documents makes fascinating reading.
Good News!
The New Mexico Water Quality Control Commission (WQCC) has designated parts of the Rio Hondo and the Rio Grande as Outstanding National Resource Waters. The Outstanding National Resource Waters designation provides additional protections to the waters under the State of New Mexico’s Standards for Interstate and Intrastate Surface Waters (Water Quality Standards) and the federal Clean Water Act.
From the State's Water Quality Control Commission website: "New Mexico’s Water Quality Standards establish designated uses for water bodies, set criteria to protect those uses, and establish provisions to preserve water quality. ONRWs are subject to the same water quality criteria as other waters with the same designated uses; however, ONRWs receive additional protection aimed at preserving water quality.
"Degradation of water quality is not allowed in ONRWs except under very limited circumstances. Where water quality meets or exceeds standards, that higher water quality must be protected."
Unfortunately the Oversight Agency for Outstanding National Resource Waters in New Mexico is the overburdened and understaffed Forest Service. We hope they will be able to devote adequate resources to protecting these important waters.
New Carson National Forest Management Plan
The Carson National Forest has released its final, approved "Carson National Forest Land Management Plan." This new Management Plan replaces the 1986 plan. You can read the Forest Services rationale for approving this version of the plan here.
The Plan change impacts the Taos Ski Valley Gondola and Other Improvement project. The Scoping Letter for the project was released under the old, 1986, Management Plan. In the Scoping Letter, the Forest Service said: "Should a revised forest plan be accepted during this project process, the projects will be analyzed for compliance with the new forest plan." The Forest Service hasn't said how they will manage the Project analysis in light of this change but there is certainly the potential for further delay in releasing their scoping decision.
Wildfire Preparedness and Response
We should all be concerned with the wildfires in southern Taos County. Here are some things you can do:
Review this handout (en Español) from the Firewise USA website and take the recommended actions to protect your home from wildfire.
When you've finished getting your home fire safe, help your neighbors get their homes ready.
Review this evacuation checklist and take whatever steps you can to be prepared. (Thanks to Village of Taos Ski Valley for the list)
Stay in touch with local news and fire information. NMFireInfo.com is a good place to go for fire updates.
Visit the Taos Connects website for information on volunteering to help people impacted by the fires.
In addition, the ReadyforWildfire website has a lot of good information and tools on getting your family and home prepared.
Fire Alert
A fire started in Taos Canyon this morning. There is black smoke visible from the Arroyo Hondo valley. You can see it between Pueblo Peak and South Fork Peak. There's no need to panic at this time but you should do the following:
Review the evacuation checklist and take whatever steps you can to be prepared. (Thanks to Village of Taos Ski Valley for the list)
Stay in touch with local news and fire information. NMFireInfo.com is a good place to go for fire updates.
Help your neighbors be prepared.
State Government is a Friend of the Rio Hondo
A hearing about designating the Rio Hondo as one of New Mexico's Outstanding Waters will be conducted June 14 in front of the Water Quality Control Commission. Details and agenda will be here when they are available: https://www.env.nm.gov/opf/water-quality-control-commission/. We'll update this post when we get more information.
The comment period for the Forest Service Scoping Notice for the Taos Ski Valley Gondola and Other Improvements Project has ended. You can still mail in a comment, but it won't be fully considered.
The official deadline has passed but the portal is still accepting comments. We've heard informally that the Forest Service will accept comments through Monday, May 9th. If you haven't commented yet, go ahead and submit your thoughts.
Taos Ski Valley Inc. is planning a number of projects in the Ski Valley. Some of those projects are not well thought out and may damage the Rio Hondo and the forests that surround it. The Forest Service wants comments about the projects. To comment on the projects:
Read the Scoping Notice to understand what is being proposed
View the Map to see where the projects will be located
Write Your Own Letter to let the Forest Service know what you think in your own words or
Send Our Form Letter if you don't have a lot of spare time
Read other people's comments
Friends of the Wheeler Peak Wilderness has posted an excellent letter on their website. We suggest you take a few minutes to read it.
Sending comments is free and easy, you can do it all on the web. You can also submit comments anonymously.
Do it today and ask your friends to do it too!
The comment period for the Forest Service Scoping Notice for the "Taos Ski Valley Gondola and Other Improvements Project" has ended.
You can read the comments that were submitted here
What happens next? Based on the comments received and the Forest Service's own analysis of the project the Forest Service will decide to do either an Environmental Analysis or to prepare an Environmental Impact Statement. Both processes offer more opportunities to comment on the proposed actions. Right now we don't know when that decision will be made but the Forest Service is estimating the next comment period will be in November, 2022
Project Home Page is here