By Paula Garcia

(Published in Sustainable Santa Fe, an insert to the Santa Fe New Mexican, on October 12, 2007)

Driving down a rural highway in northern New Mexico, you are certain to come across a valley with acequias.  Unless you are deliberately looking for an acequia, you might not see one.  But someone with a sensitized eye could see the green ribbon of farmland, cottonwoods, and willows.  You might notice the kitchen gardens, occasional crops of corn, grain, or vegetables, or the more common fields of pasture or alfalfa.  Simple in their design, earthen acequias move water from a common source of water, a spring or a stream, through a delicate network that feeds fields that have been nurtured for generations.   These humble, community-based irrigation systems are integral to a land-based way of life that has sustained families in New Mexico for centuries and have inspired many newcomers to embrace the acequia culture. 

Acequias are part of an ancient legacy of water civilizations.  Their roots extend back thousands of years to the arid-land peoples of present-day India and the Middle East.  The word acequia is of Arabic origin meaning “bearer of water” or “that which quenches thirst.”  The acequias of the present-day southwest combine Moorish tradition inherited by Spain with the irrigation and agricultural techniques of the Americas.  The food traditions associated with the acequias are a rich expression of the synthesis of peoples and cultures who have sustained them over the ages.  Along with ancestral Pueblo and tribal water harvesting and irrigation structures that endure as part of New Mexico’s landscape, acequias further shaped the landscape and formed the basis for settlements of mestizos, genizaros, and mexicanos (collectively referred to as the Indo-Hispano people). 

In the United States, acequias are unique to New Mexico and Southern Colorado although in other areas of the present-day Southwest remnants of acequias exist as artifacts from an earlier era.  Their resilience in New Mexico and Southern Colorado can be explained in part by the fact that acequias continue to be vital to the spiritual and material existence of the communities of the region.  Thousands of families continue to derive all or part of their subsistence or livelihood from their ranchitos or small-scale farms and ranches.  More importantly, acequias endure in large part because of attachment to place, the miracles made possible with water, and the cultural longing to continue ancestral practices and pass them on to future generations. 

The deep cultural place acequias have in our communities can be explained to some extent by their communal roots.  Generally, acequias were established as part of the community land grants under Spain and Mexico (although some were established during the territorial period, they continued to be founded on the same principles).  Under that system, the communal or collective ownership of property was well-established and a concept that was inherently compatible with the lifeways of land-based people.  Families owned their suertes (the long lots that comprise today’s small-scale farms and ranches) and the remaining lands, vegas (meadows/wetlands) and montes (mountains), were for the use of all the community.  Before the advent of barbed wire fence, livestock grazed throughout the mountains and valleys as a herd under the watchful eye of a shepherd. 

Acequias were established within this worldview and the notion that water is a community resource permeates modern-day acequia practices.  The Indo-Hispano villages faced tremendous challenges to survive in such a water scarce environment.  Bringing water to crops by constructing an acequia was one of the first priorities of establishing a community.  Water scarcity was an ever-present challenge.  Over time, these communities evolved unique customs of distributing water based on the fundamental principle that water was essential to live and that it had to be shared for the common good.  Today, this practice, which is referred to as the repartimiento or reparto, is one of the most enduring characteristics of the acequias.  It is the day-to-day embodiment of the belief that water is life.  It is a living example of a community-based response to the scarcity of a precious, life-giving resource.

The communal view of land and water was confronted with Manifest Destiny through westward expansion of the United States, which culminated in the US war against Mexico.  Although the Treaty of Guadalupe Hidalgo, the agreement between the US and Mexico that marked the end of that war in 1848, guaranteed the rights of the Mexicans who remained in the ceded territories (including New Mexico), the vast majority of mercedes or common lands were expropriated through privatization of incorporation into the US federally-owned lands.  This loss remains vivid in the collective memory of the Indo-Hispano people of the region.

For the acequias, the course of history has unraveled differently.  Although acequias are also communal institutions, they remain largely intact.  The water rights or derechos owned by families were attached to their suertes or ranchitos and were not expropriated in the 1800s as were many of the community land grants.  The Territorial Water Code of 1850 codified the basic principles of acequia governance including the democratic election of the mayordomo and the practice of sharing the water among acequias that share a stream system.  However, later water codes and eventually the laws of enacted with statehood changed the nature of acequia water rights in fundamental ways:

·          Prior appropriation vs. Custom:  Water law in the Western United States is based on this doctrine, which is summarized as “first in time, first in right.”  For acequias it was a mixed blessing.  It seemed to conflict with the repartimiento but it also conferred a relatively senior status, and therefore an implied protected status, of acequia water rights.  Fortunately for acequias, water sharing customs are still recognized in state law and these customs exist even within statewide framework of prior appropriation.

·          Transferability of Water Rights:  According to acequia custom and tradition, acequia water rights are attached to the land and the right to use water is conditioned on having good standing in the acequia by meeting responsibilities for cooperative maintenance.  However, the water code and later case law explicitly defined acequia water rights as transferable.  This left acequias vulnerable to a piecemeal dismantling of the collective attributes of water and labor needed for the ditch to function.  In the broader sense, it made rural communities of having their water rights base eroded at the hand of a water market that favors the movement of water to entities and regions with greater economic power.  …

Throughout most of the state, acequia customary practices continued uninterrupted for several decades after statehood despite these sweeping changes in water law.  This changed in the 1960s acequia parciantes (irrigators and water right owners) were named as defendants in water right adjudications.  Two decades later, acequias organized themselves into regional associations to unify for common defense in these lawsuits filed by the state.  These acequia leaders were on the forefront of preventing the forfeiture of water rights by the state due to errors in mapping and of defending acequia water sharing customs.  It was an exceptional effort and an important chapter in the land and water rights movement in New Mexico that is often overlooked.  Although elders have passed on, many of these leaders continue to defend acequias in these seemingly endless adjudications.

In the 1980s acequias became active on another front: protesting water transfers.  Pressures to move water from agriculture to new development began to mount in the 1980s with unprecedented population growth and urbanization.  Acequias in their respective communities were actively engaged in filing protests to applications to transfer water rights out of acequias.  Like the leaders defending acequias in adjudication, those resisting the commodification of water articulate reasons that water was vital to community survival and integral to the cultural heritage of the state.  Results were mixed but it was clear to those seeking to transfer acequia water rights, such as developers, that acequia leadership would be vocal in their defense of their culture and way of life.

In the 1990s the acequias came together to form the Congreso de las Acequias, the federation of regional associations of acequias that form the governing body of the New Mexico Acequia Association.  The Congreso includes regional delegations from 22 different regions of the state where acequias are organized (or in the process of organizing) associations of acequias at the watershed level.  The number of acequias represented by these regional delegations is over 500.

In the 2000s, acequias sought to restore greater recognition of acequia governance in state law and actively mobilized to challenge the commodification of water.  Since then, the New Mexico Acequia Association has effectively mobilized to define and pass several pieces of legislation:

·          Water Transfer Regulation:  The transfer of water rights is a well-established concept in state law.  In order to restore some local decision-making, state law was amended in 2003 to recognize the authority of acequias to institute a decision-making process for water transfers out of acequias.  This new law is a historic affirmation of the importance of retaining local decision-making over water.

·          Acequia Water Banking:  This law, passed in 2003, authorized acequias to operate “water banks” to promote conservation and shield water rights from loss for non use.  Water rights not in use are documented and then incorporated into the irrigation schedule for the other users.  Water rights “banked” in this way are shielded from the “use it or lose it” provision in state law.

·          Acequia Easement Enforcement:  Acequias have historic rights-of-way that must remain accessible to continue to function as community-based systems.  The law was amended in 2004 to provide enforcement tools acequias can use to protect their easements.

·          Acequia Governance Education and Training:  In 2007, the State Legislature appropriated funds for education on acequia governance to aid in the implementation of recently passed laws and to update acequia bylaws, the governing documents required of each acequia. 

Also, during the 2007 legislative session, the NMAA hosted the first ever Acequia Day at the New Mexico State Legislature.  Over 500 acequia parciantes and supporters attended a water blessing ceremony.  The day was memorialized with SM 35 sponsored by Phil Griego and a special certificate from House Speaker Ben Lujan recognizing the significance of acequias.  Since then the NMAA has formalized the Acequia Governance Project the purpose of which is to retain local ownership and control of water rights by strengthening local acequia governance. 

All of these activities are a manifestation of the deep commitment on the part of acequia leadership to address the root causes of the greatest challenges facing the acequias.  While most of this work has focused on water rights, recent initiatives of the New Mexico Acequia Association address other fundamental issues including the need to strengthen and rebuild local food systems and to engage younger generations in agriculture. 

·          The Nuestra Cosecha project includes an intensive food system assessment based on numerous interview and community meetings as well as statistical information.  Findings of the food system assessment will be presented at policy roundtables later this fall and will serve as the basis for making policy recommendations aimed at improving the economic viability of small-scale farming and ranching. 

·          The Sembrando Semillas project is geared toward creating a new generation of acequia parciantes who have a strong feeling of querencia (love of place) and who have the ability to be advocates for the acequias in years to come.  The project engages youth in hands-on learning experiences with traditional farmers and ranchers serving as mentors.  The youth produce digital storytelling pieces about their experiences. 

Additionally, the NMAA is engaged in strategic alliances on issues of great concern to farmers and ranchers.  One is the New Mexico Food and Seed Sovereignty Alliance, which is a collaboration with the Traditional Native American Farmers Association to increase the cultivation of foods that are spiritually and culturally meaningful to our communities and to protect native seeds from genetic engineering.  Another collaboration is Communities for Clean Water which includes several groups that advocate for cleaning up and preventing contamination by Los Alamos National Laboratories. 

Our ancestors might not have imagined the extent of work done today just to protect the acequias.  Through their dedication to collective work and governance, our current generation inherited a remarkable legacy unique to the present-day Southwest.  But even more important than the advocacy and movement building are the parciantes that are living the culture by irrigating their crops and continuing the cultural and spiritual traditions intertwined with the acequias.  All of those efforts collectively make up today’s acequia system.  But not forgotten are those who for countless generations with their energy, prayer, laughter, and work left their imprint on the land.

For more information, go to www.lasacequias.org.

By Paula Garcia

(Published as an Op-Ed in the Santa Fe New Mexican on September 23rd, 2007)

In the United States, acequias are an ancient form of water governance unique to New Mexico and Southern Colorado.  The form of acequia governance that endures today in New Mexico has been practiced for hundreds of years in the historic communities of the state.  In fact, New Mexico is the only state that has statutes dedicated to acequia governance.  Since the mid-1800s, New Mexico has carved out a unique place for acequias with respect to local governance.  

After the Treaty of Guadalupe Hidalgo was signed in 1848, New Mexico became a territory of the United States.  In the years that followed, many acequia customary practices were codified into the laws of the territory, many of which later became state law.  These included provisions for elections and water sharing.  Other customary practices and norms were confronted with the coming of statehood.  Under Spanish and Mexican legal tradition, water rights were inseparable from the land.  However, after statehood, water rights were treated as transferable thereby opening the gate for the commodification of water that is occurring today. 

For many years, acequia leaders have understood the implications of the transferability of water rights.  Since the 1980s, acequias have been active in filing protests with the State Engineer arguing that water transfers left unchecked could unravel the acequia cultural tradition and the physical function of the system.  Eventually, the New Mexico Acequia Association was formed in response to the need to protect acequias from unprecedented demands to move water from rural, agricultural communities to other uses. 

In New Mexico, there is growing awareness that water scarcity looms as one of our greatest challenges.  Despite assumptions that the solution to water scarcity is the transfer rural water rights to development, there is no silver bullet to the water crisis.  Water transfers have hydrological and socioeconomic consequences.  The Legislature requires in state statute that the State Engineer must consider impairment of existing rights, public welfare, and conservation.  In addition, in 2003, the Legislature authorized acequias to approve or deny a water transfer out of an acequia based on a finding of whether the transfer may be “detrimental to the acequia or its members.”  In doing so, the Legislature seized a historical moment to protect the acequias.

The 2003 law was a historic affirmation of the significance of acequias and a reconciliation of the ancient view of water as a community resource with the modern laws that define water rights as transferable.  Acequias are recognized in New Mexico as local governments and the procedure for water right transfer decisions, including provisions for appeal, is similar to that for county land use decisions.  The current law does not preclude transfers but only democratizes decisions over transfers at the level of local governance. 

Now the 2003 law is being challenged.  This is a crossroads with regard to New Mexico water policy.  The decision by the courts will have implications for acequia for generations to come.  The New Mexico Acequia Association contends that water policy is social policy.  The extent to which the law will allow acequias to have some measure of governance regarding water transfers is significant.  At stake is the continued survival of land-based culture and the feasibility of revitalizing agriculture and local food systems. 

For our leadership, protection of our way of life and the acequias is a lifelong vocation and a struggle that will transcend many generations.  In this chapter of the ongoing story, we are hopeful acequia laws will be upheld.  It would be a continuation of a long tradition in New Mexico of recognizing the deep historical roots of the agricultural and community traditions that make this state unique. 

Members of the Water and Natural Resources Legislative Interim Committee interrogated State Engineer John D’Antonio with hours of questioning at a recent meeting. The monthly meeting of the committee, held in Taos on August 28th and 29th, had a strong focus on acequias. An estimated 80 acequia and mutual domestic leaders attended the meeting to hear three of New Mexico’s top acequia attorneys present a scathing critique of the new Active Water Regulations Management (AWRM) regulations promulgated by the State Engineer and a presentation by the New Mexico Acequia Association on the impacts of water markets to acequias, traditional agriculture, and rural water security.

The AWRM regulations set forth a management framework that brings the state’s water under more direct management control of the State Engineer through water masters and metering. This has raised many questions about the historic role of acequias as local governments that manage water. The regulations purportedly intend to protect senior water rights but in effect actually undermine senior water rights through expedited water markets and top-down, unilateral approval of water sharing arrangements.

“These regulations are very problematic. To distribute water this way, the state has to know who has what water. The courts should determine that, not the State Engineer,” said Fred Waltz, attorney for over a hundred acequias in the upper Rio Grande. “In most areas, metering is just not practical. These regulations should be called Active Water Resource Meddling.”

The panel of attorneys also called attention to problems with expedited markets. “Expedited markets are a violation of state law. The State Engineer is attempting to circumvent basic constitutional due process and notice requirements and the statutory requirements for water transfers in state law,” said David Benavides, attorney for New Mexico Legal Aid. The statutory water transfer process includes consideration if impairment of existing water rights, water conservation and public welfare and it provides for opportunity to protest. Benavides also discussed the significance of local decision-making regarding water sharing. “The State’s role is to enforce priority and protect senior water rights. It is up to the communities to decide among themselves how to share water in a matter that is equitable and serves the common good.”

The response by the State Engineer and his general counsel, D.L. Sanders, was not clear. D’Antonio explained that expedited markets were needed to provide water to junior users, typically cities, in times of water shortage and priority calls. “If we call priority on a city, we need to make sure they have water. The regular water transfer process takes several months.” When asked by Senator Griego whether acequia water rights could be part of expedited markets, D’Antonio responded that they could. When asked whether expedited markets violated due process, D’Antonio avoided a direct answer saying only that markets are “voluntary.”

In the following presentation by the New Mexico Acequia Association, Paula Garcia explained the impact of water markets on acequias. “Unprecedented demands for water are threatening the future viability of acequias and small-scale agriculture in New Mexico. State policy that expedites water markets is the wrong direction for New Mexico.” In response to earlier statements by the State Engineer and expedited markets, Garcia urged the committee to have more oversight over rulemaking by the State Engineer and to repeal language from a 2003 law the OSE uses as a justification for expedited markets.

Episode 22 of ¡Que Vivan las Acequias!

This show covers a Farm Bill Forum that was held at Northern New Mexico College in Española on July 8, 2007. The forum was organized to inform people about the Farm Bill and how it affects us, as well as to hear peoples’ concerns about agriculture. The information from the Forum was to make recommendations to the New Mexico Congressional Delegation for Farm Bill policy. The Forum was organized with the support of: The New Mexico Acequia Association, Rio Arriba County, New Mexico State University Cooperative Extension, Northern New Mexico College, the American Friends Service Committee, the Traditional Native American Farmers’ Association, and the Northern New Mexico Stockman’s Association.

In this program you can hear:

- Paula Garcia, Executive Director of the NMAA.

- Lorenzo Valdez, County Manager of Rio Arriba County.

- Edmund Gomez of NMSU Cooperative Extension.

- Don Bustos of Santa Cruz Farms.

- Marcela Cruz of Santa Fe Farmers Market.

- Louie Hena of Tesuque Pueblo.

- Carlos Salazar of the Northern New Mexico Stockman’s Association.

- Gail Minton of Taos.

- Suzanne Walter of Taos.

- and Camila Bustamante of La Cienega.

Theme music by Cipriano Vigil. This month’s music by Los Lobos.

Download episode: 22quevivan.mp3

Officials from over 20 acequias attended the Infrastructure Planning workshop hosted by the New Mexico Acequia Association.  The purpose of the workshop was to encourage acequias prepare plans for their projects prior to requesting funding from the legislature or state/federal agencies.  The workshop also provided an overview of important steps in the process of planning and completing acequia projects.  Click here for the Workshop Notes.

The farm bill passed by the House Agriculture Committee on July 19th did not include the Socially Disadvantaged Farmers and Ranchers Program one of the top priorities of the Diversity Initiative (www.ruralco.org) and the top priority identified at the Northern New Mexico Farm Bill Forum on July 8th. However, a number of provisions from the Baca Bill or NOURISH Act, HR 2401, were incorporated into the current version. For a matrix comparing policy innovations from the Food and Farm Policy Project to provisions in the House Agriculture Committee Bill go to
http://www.farmandfoodproject.org/documents/FFPP_targets_Matrix.pdf

To hear proceedings from the Farm Bill Forum on July 8, 2007, click here.

On Monday, July 23rd, the Supreme Court heard oral arguments in the case of John D’ Antonio vs. San Lorenzo Community Ditch.  DL Sanders, General Counsel for the Office of the State Engineer stated the position of the OSE is that once a final adjudication decree issued by the court, the sole jurisdiction for administering water rights in a stream system should lie with the State Engineer.  Peter White, representing San Lorenzo Community Ditch argued that the courts should retain jurisdiction to enforce the provisions of the final adjudication decree.  White explained that the water master appointed by the State Engineer had imposed a rotation on the river based on acreage and not on priority dates.  In so doing, the State Engineer was not meeting the requirements of the court decree and that the court should retain jurisdiction to appoint a court water master to enforce the decree.   NMAA will announce the court’s decision when it has been issued.

On July 8^th, 2007, farmers, ranchers, and community leaders from throughout Northern New Mexico gathered for a Farm Bill Forum to discuss Congressional reauthorization of the Farm Bill. The undersigned organizations and individuals articulated a policy framework that addresses the unique social, ecological, and cultural context in New Mexico while also endorsing a national policy effort entitled the Food and Farm Policy Diversity Initiative. Below is a summary of the priority policy objectives that surfaced at the Forum and specific recommendations for existing and new sections of the Farm Bill. For a complete summary of the Farm Bill Forum, click on Farm Bill Recommendations

To hear proceedings from the Farm Bill Forum on July 8, 2007, click here.

Top Priority Policy Recommendations for 2007 Farm Bill

• Establish Socially Disadvantaged Farmers and Ranchers Program to support minority farmers and ranchers through combination of technical assistance and financial incentives. Status: Not included in House Agriculture Committee Base Bill. Language for program was introduced in the NOURISH Act by Representative Joe Baca as Title 1 of HR 2401. Recommendation: Seeking amendment on House Floor or in Senate Agriculture Committee for authorization of $100 million in annual mandatory funding.
• Recognition of historic rights for traditional uses on forest land and establishment of indigenous and local user advisory groups. Status: Not included in House Agriculture Committee Base Bill. Recommendation: Seeking amendment on House Floor or in Senate Agriculture Committee.
• Ensure that language is not inserted into the Farm Bill that preempts state and local food safety laws, such as bans on genetically engineered seeds. Status: Section 123 in Title 1 of the markup from the Livestock, Dairy, and Poultry Subcommittee was removed. Recommendation: Prevent addition of this or similar language in the Farm Bill.
• Create a special initiative under EQIP to preserve and rehabilitate historic community irrigation structures. Status: Not included in House Agriculture Committee Base Bill. Recommendation: Request amendment on House Floor or in Senate Agriculture Committee to authorize $15 million in annual mandatory funding.
• Make protection of minority-owned land a stated goal of the Farm and Ranch Protection program and include set aside of 10% for minority farmers. Status: Not included in House Agriculture Committee Base Bill. Recommendation: Seeking amendment on House Floor or in Senate Agriculture Committee.
• Reauthorization of the Beginning Farmer and Rancher Development Program at $25 million mandatory funding annually with set asides for SDFRs. Status: House Agriculture Committee Base Bill includes $15 million annual mandatory funding.
• Reauthorize funding for 2501 Outreach programs through mandatory annual funding of $50 million. Status: Mandatory annual funding of $15 million included in House Agriculture Committee Base Bill.

New Mexico Acequia Association
Job Description

Office Assistant

20 hours per week
$12.00 per hour
Temporary position

The New Mexico Acequia Association is seeking a part-time office assistant.
Strong interpersonal skills and computer skills including proficiency
with Microsoft Word, Excel, and Access are REQUIRED.

Job duties:
Staff the office the following days of the week during the following hours:
Tuesday and Wednesday, 8:30 to 5:30 and Thursday, 8:30 to 12:30

Answer phones and direct messages accordingly

Respond to walk-in requests for information

Check organization’s general email box and respond to and direct accordingly

Assist with mail-outs as necessary

Assist with phone calls to organization’s membership and Board of Directors

Run office errands as necessary

Make entries into data base and generate reports as necessary

Support Executive Director as necessary

Assist staff as necessary

To apply:
Send resume and cover letter to communications@lasacequias.org
Or mail to:
Mikki Anaya
607 Cerrillos Rd.
Suite F
Santa Fe, NM  87505

NMAA leaders will participate in the US Social Forum in Atlanta, Georgia, the motto of which is “another world is possible, another United States is necessary.” The forum will be a space for networking, relationship-building, and inspiration for community leaders from throughout the US. Between June 27 and July 1, the forum will include events, panels, plenaries, and actions and will culminate in a People’s Assembly of social movements on the last day. NMAA will present on the following two panels:

Water for People, Not for Profit! Grassroots Activists tell their Victory Stories

3:30 PM in Mediterranean room at the Atlanta Marriott Downtown

Food & Water Watch

The global movement to protect water for people and nature—not for profit—is one of the most vibrant and inspiring social movements today. Here in the U.S., we have our fair share of success stories. This workshop will feature inspiring stories of victory from states like New Mexico, Wisconsin, and New Hampshire, while also equipping participants with the tools to win.

Defending Our Water and Protecting Our Food: Bringing Family Farmers and Water Rights Advocates Together

10:30 AM in Apollo room at the Atlanta Marriott Downtown

Peoples Health Movement & Alliance for Democracy

This panel, developed in collaboration with a national coalition of water rights advocates, will explore the interactions between food security and water security from several perspectives, and offer models for action to protect these public goods.

For a list of the rural issue panels, see USSF Rural Issue Panels.

For more information about the US Social Forum, click here.