In the midst of a temporary moratorium on drilling for oil and gas, Rio Arriba County officials have now started talking about placing a moratorium on new subdivisions.
In recent months, County officials have expressed frustration at not being able to effectively address their concerns about developments that have gone through public hearings. Members of the public, County Commissioners and members of the County’s Planning and Zoning Committee have all spoken to their worries about impacts new developments will have on the surrounding environment — especially on water quantity and quality.
However, by the time applications come before the Committee or Commission, they are compliant with all County ordinances, and the Planning and Zoning Department recommends their approval. Commissioners and Committee members may give voice to their worries, but in the end they decide they do not have the tools to deny or significantly alter the plans.
Such was the case July 9 at a Committee meeting regarding the Mundy Ranch’s latest residential development, Los Escondidos (see sidebar).
Acequias Norteñas President Medardo Sanchez and Ensenada resident Manuel Trujillo both spoke against the development, citing worries about the long-term availability of water in northern Rio Arriba County.
Trujillo said the County has yet to see the full effects of subdivisions that have already been approved, and Sanchez said it was difficult for him to believe 130 additional homes would not impact the water table.
“We’re really taking a shot in the dark,” Trujillo said. “It’s a question of caution.”
The comments resonated with Committee member and County Clerk-elect Moises Morales, who accused Planning and Zoning Administrator Gabe Boyle of forcing the Committee to vote in favor of the developments that come before it. Boyle said he can only look at a proposal’s compatibility with other developments in the area when making his recommendation. He said a residential development next to other residences is compatible.
Committee member Richard Bock shouted down Morales toward the end of the hearing after he continued to wonder about the combined effect of Los Escondidos and the surrounding subdivisions on water. Morales said the Committee does not know enough about hydrology to vote knowledgeably about it.
“We’re making decisions blind,” he said. “The people want to be protected.”
Morales even proposed delaying the Mundy hearing indefinitely, until the County hires a hydrologist and ongoing adjudications and an interstate water compact with Texas are settled — processes Morales acknowledged could take 20 years or more.
“We’d be sued,” Boyle said. “You’re misplacing your energy.”
The Committee ended up voting to recommend approval of the Los Escondidos proposal, with the condition that a 40-year hydrological study be conducted to determine the aquifer’s sustainability — a condition that already exists in the County’s Land Subdivision Regulations Ordinance for certain types of subdivisions. Los Escondidos would have had to conduct a pump test anyway; now, in addition to the pump test, a 24-hour “step drawdown” test will also be necessary to measure the water’s stability and recovery rate.
The Commission decided to postpone its vote on the Mundy plan after a hearing July 31, saying more needs to be known about its potential impacts. The postponement may give the County a chance to refine its ordinances before it hears the plan again.
The Committee and Commission must operate within existing County ordinances, which the Commissioners think may be inadequate. In addition, a recent state District Court decision may end up affecting the County. A Sixth Judicial District judge found language in state law requiring the State Engineer to grant well permits to all applicants unconstitutional, as new wells could impact senior water rights. The State Engineer appealed the decision, which only applies to the Sixth District now. But if the state Supreme Court upholds the decision or residents of other districts bring similar challenges, its effects could be more far-reaching. The Commission named that ruling as another reason it wants to proceed with caution before approving new subdivisions.
“I really feel unprepared, or maybe uncomfortable, with making decisions that are irreversible,” Commission Chairman Alfredo Montoya said. “We feel very unsure about what impact we’re having.”
The Commission may also start looking at more subdivisions than it currently does. The County’s “Appendix P” outlines the summary review process for certain subdivisions not requiring public hearings. Boyle said in the first six months of this year, 120 lots were approved administratively without hearings before the Commission or the public. Commissioners decided Aug. 18 to look at bringing more subdivisions before the lengthier, more in-depth public review process.
Central to the new ordinances and further County review will be what the Department has dubbed “critical management areas.” In creating the areas, the County would consider things like floodplains, wildlife corridors, irrigated agricultural lands and headwaters.
Development would be closely monitored in the defined areas. Commissioner Felipe Martinez said the County may consider imposing fees on developers who want to build in the areas, both to discourage development and to give the County additional funds with which to enforce its protective measures.
Montoya said it will be important to continue to allow traditional uses of the areas, like fishing and wood gathering.
“We don’t wanna regulate ourselves out of our own backyard,” he said.
The length of the moratorium and which residential developments it would affect have yet to be decided. No meeting has been scheduled to discuss the proposal further.