After the Rio Arriba County Commission decided July 31 to delay approval of the latest subdivision on Mundy Ranch near Los Brazos, the ranch’s owner said he may just circumvent the County altogether.
“I hope to go through the County and help my community,” James Mundy said as his lawyer tried to keep him quiet. However, “I don’t need to go through the County at all.”
Mundy made these comments immediately after the County Commission postponed a motion to approve the master plan for a 5,600-acre development called, Los Escondidos. The project’s plans call for a phased development of 130 residences, tennis courts, a clubhouse, a golf course and an equestrian facility. The proposal also includes a “conservation easement” of more than 4,000 acres on the tract. Deed restrictions would keep the 10-acre lots on which the residences would be built from being further subdivided in the future. The development would sit near the Ponderosa, Briar Rose (now called Canyon Ridge) amd the Ticonderoga subdivisions. Ticonderoga is also on the Mundy Ranch.
The County Planning and Zoning Committee had recommended approval of Los Escondidos’ master plan July 9 with the condition that a 40-year hyrdological study be conducted. But at this latest meeting several County residents raised concerns about road maintenance, water and wildlife issues, and the Commission decided it wanted to take more time to examine the specifics of the plan.
“There are still some unanswered questions,” Commissioner Elias Coriz said.
Eloy Olivas, of Los Ojos, said he owns land near Los Escondidos, on the west side of Highway 84/64. He said new subdivisions have disturbed the elk in the area. He said the developments and accompanying activity have pushed the elk onto his property, and they tear up his fences and fields.
“These developments have been affecting the wildlife quite a bit,” he said.
Other neighbors emphasized the disrepair of Buckman Road, which is one road that would provide access to Los Escondidos. Formerly a County road, the County abandoned Buckman and has not maintained it in years, Assistant County Manager Tomas Campos said. Residents who use the road described it as a “quagmire” and wanted Mundy to agree to help take care of it.
Bob Marshall, who lives on the road, said he used his tractor to clear snow on Buckman last winter. He said the surrounding developments, such as Los Escondidos and Canyon Ridge, should pitch in, too.
“It’s in pretty bad shape,” he said.
Mundy said if everyone helps with the road, the cost would not be too burdensome. He said once private entities improve the road, perhaps the County would take it over from there.
“I am in full agreement with Bob Marshall,” he said. “We should all contribute.”
Manuel Trujillo, of Ensenada, spoke to the most pressing concern of the public and Commission: water. He said the impacts of County-approved developments are not yet clear, and the County should wait before allowing Mundy to move forward with the latest plan. He said groundwater and surface water are symbiotic, and any new wells could affect the acequias.
“Why am I so concerned? Because it’s mine,” he said. “I have a senior right.”
Don Diego Gonzales, a hydrologist who presented the plan on Mundy’s behalf, said Los Escondidos should have a minimal effect on water quality or quantity. Residents will have to use tertiary treatment systems for wastewater removal, which will work to protect water quality, he said.
Gonzales also said Los Escondidos will institute water-saving measures to cut residents’ water usage to about .18 acre feet per year. He also said he does not anticipate full-time residency going any higher than 50 percent, and he projected the entire development could use as little as six acre feet per year.
However, Gonzales’s reassurances were apparently not enough for the commissioners. Shortly after Gonzales had a chance to rebut the points made by those in opposition, the Commission voted to postpone the project after a motion by Coriz.
Commission Chairman Alfredo Montoya said he was happy to see the master plan. However, he agreed with Coriz.
“Some of these decisions are irreversible,” he said.
Montoya also referred to a recent decision by the state District Court that was recently appealed by the State Engineer. The ruling found the state’s domestic well statute unconstitutional. The statute states the Office “shall” issue domestic well permits when it receives applications for them, and the judge ruled that the language could violate the rights of senior water users who are impacted by the drilling of new wells. If the Office’s appeal fails, the ruling could have statewide effects, making new well applications more cumbersome by requiring their publication and instituting a public appeals process.
“We’re not sure how it applies to us at this point,” Montoya said.
Montoya said the County would come up with a timeline for a new hearing in the coming weeks.
“I’m extremely disappointed,” Mundy said. “I’m already deep into it.”
He said he had already spent more than $1 million on Los Escondidos and wants to get started as soon as possible. He said he could “go corporate” and avoid County hearings altogether. County ordinance requires public hearings for subdivisions, but if Los Escondidos was turned into a single corporate entity Mundy said he may be able to bypass the Commission.
Mundy butted heads with the County last year after the County required a master plan for the Ticonderoga residential development be submitted for review — but not before 43 parcels on a 3,000-acre tract were sold and several residences built without a public hearing.
In 1998, Mundy began devevloping the Ticonderoga section of the Mundy Ranch, located east of Highway 84/64 near Los Brazos, using family transfers and summary reviews — processes that did not require public hearings. The Commission eventually approved the master plan over the objections of the Planning and Zoning Committee
Planning and Zoning Administrator Gabe Boyle said projects involving more than five residences are defined under County ordinance as “large-scale residential,” and County processes would apply. However, he said there may be state “ranch exemptions” or other loopholes that would allow Mundy to move forward on his own.
“We’re gonna be investigating that,” Boyle said.