Ditch Wars: Water Rights Cost a Rural Oasis By Joan Price Tularosa Historic District

I have lived in the Historic Village of Tularosa 30 years and have witnessed many crisis between two intertwined groups who are supposed to manage water needs to the Tularosa community-the Village of Tularosa for domestic water use and the Tularosa Community Ditch Corporation. Both continually resort to water rights attorneys and lawsuits when conflicts emerge. Yet another costly, bitter and divisive conflict is among us.

I am a share holder in the Tularosa Community Ditch Corporation and have endured numerous unpredictable legal services. Like all shareholders in the Historic District, I pay annual dues to TCDC and out of my own pocket, pay additional ditch preservation costs. I pay monthly fees to the Village for Water, Sewer, unpredictable attorney service and out of my own pocket, pay additional costs to maintain plumbing, and gardenneeds.

Currently, on a small income and for a small property, I pay a minimum of $1100/per year dues to the two groups with the risk of cut-off, liens and restoration issues from either providers. On one average Historic Block of six residents, $6,600 goes to these two who are in constant lawsuits. The Historic 49 Blocks pay roughly $323,400. In addition, residents outside the Historic District also significant pay rates as well for water services.

We pay the Village to pay an attorney whenever a lawsuit is under consideration while we pay the TCDC to pay attorneyswhenever a lawsuit is under consideration. We are all paying attorneys to fight each other over the Rio Tularosa, the single source of fresh quality mountain water from a watershed in long term drought conditions and severe degradation, and increasingly brackish groundwater due to over pumping according to the NM state engineer office. Serious vandalism, vulgar and hostile graffiti, and party trash have been uncontrollable problems to the detriment of the many conscientious families who go to the river for the delight of the rare place of wild water.

What I have heard for three decades since I have lived here is hostile responses like “I don’t care...All they do is fight… I just want my water…. I don’t want to get involved.” Costs climb and words like “trust”, “community” and “environmental restoration” are a bitter legacy to those who care about thishistoric oasis. Our roots reach into water landscapes created by Mexican American founders who believed this river was a common wealth and responsibility.

Once again, the public is now ”gagged” in this latest particularly heated dispute heard on social media such as KRAZY KALHRadio.org, Facebook pages, and the latest YouTube stream of the Village monthly meeting. Village Trustees, TCD Corporation water commissioners, the public at one village meetings per month, the public at one ditch meetings per year, and executive sessions are all denied public participation. Only the Village allows three minute comments.

I met with Lincoln County attorney of thirty years’ experience, Alen P. Morel. He was familiar with every aspect of our current struggles including acequias with deep historical family ties,tourist and recreational development, environmental protection and cultural preservation, the statewide race horse industry driving growth decisions, extraterritorial zones and its problems, and more.

Mr. Morel suggested qualified experienced mediators to facilitate conflicts before engaging lawyers. He pointed out thatall the money going to lawsuits usually led to orders to go intomediation among the litigants. You can (and should) request the Judge to go into Alternative Dispute Resolutions under a qualified 3rd party, he advised.

For example, Peter Wirth, NM State Legislator and attorney with 34 years of distinguished arbitration in exactly these issues.

We also have a highly qualified resident in the village longexperienced in water related conflict resolution who is interested in participating in the following suggestion:

I am interested in giving my time in water research and educational outreach to form a Rio Tularosa River Advisory Commission. It would be an advisory committee of one village representative, one TCDC water commissioner, a balance of knowledgeable residents, and an experienced mediator. We could put out an informational newsletter and provide excellent advice. I will give a more detailed presentation on the agenda at the next Village meeting. For those who are interested, in addition to three KRAZY KALH Radio segments, the Village of Tularosa Chambers Meeting 11/20/2024 is a must to view on You Tube.

The only TCD Corporation meeting for the year is Monday at 6:30 pm at the Tularosa Community Center on Bookout Road. It will not be recorded for You Tube study. The members will not be allowed to ask questions regarding the last couple of months. They will not be given a three-minute comment at the beginning. The Mayor of Tularosa is asking everyone to attend.

We need to be there as silenced witnesses. Apathy is not an option!

Thank you for your attention.

Joan Price

Tularosa, New Mexico

Thank-you for your consideration.