By Mary Alice Murphy
In a call with New Mexico members of the press Wednesday morning, May 25, 2016, Congressman Steve Pearce gave an overview of the issue he was pinpointing, and answered questions.
"When I first came to office 14 years ago, with a two-year hiatus," Pearce said, "the Gosses in Weed were fighting the Forest Service for access to a spring they owned, which is surrounded by Forest Service land. Their cattle relied on the water, but the Forest Service kept cutting off their being able to use the water."
Pearce said the Gosses have gone to court several times to be able to use the water they own. "They have the right to move the water in a pipeline to their property, but then the Forest Service electrified the fence. The Supreme Court has said that water is a state issue. The family has asked the New Mexico state engineer to intervene. The Forest Service says they are just following the law. But the agency is not, because they must also look at the impact of what they do on livelihoods. The Forest Service follows part of the law."
He said New Mexico has filed suit to the EPA on the Gold King mine spill, and asked: "Why not in this case?"
"On May 13, I wrote a letter to the governor for help," Pearce said. "I think if she were briefed on the issue, she would realize the need for the state to intervene.
"It's calving season, and the ranchers are saying the cattle can't get to water, and the baby calves are starving," Pearce said. "The fence is configured so it's OK for elk to get to water, but not for the cattle, because it is jumping mouse habitat."
He said the state engineer made a statement, not directly to the congressman, that he could do nothing.
"If we go back to the days of Steve Reynolds, when he was state engineer, we would have gotten a different answer," Pearce said. "I would request that Blaine look back to Reynolds' time.
"We can't continue to let the federal government take away private property rights," Pearce continued.
He then opened it up to questions. The first asked why, if the issue is not being resolved, they don't go to court.
"The ranchers have been in court multiple times," Pearce said. "I think the state has to get involved, because water is a state issue."
The next person wondered what would happen if, as happened in Nevada and Oregon, the ranchers might cut the fences.
"I am concerned about that," Pearce said. "I did not get involved in the Nevada and Oregon situations. But those are the same issues I'm hearing about in New Mexico. Ranchers say they feel they are being crowded into a corner and left hanging in the wind."
A press member from Ruidoso asked if the person who goes into office in January would make a change.
"For us in the West, it is becoming a dominating issue," Pearce replied. "We need a major shift in the point of view. The eastern states don't understand, because they have very little federal land within their boundaries. They don't understand that most states in the west have a majority of federal land within their borders."
A press member from Alamogordo said he had talked to the ranchers. "Blaine came to them and the ranchers felt they had no hope. Are you going to the Forest Service or getting legislation proposed to move the fences?"
Pearce noted that the issue was in one county in New Mexico. "It's hard to take a one-county issue to the 435 representatives in the House, with the need for a majority. I am preparing an amendment for an appropriations bill. The House says it's a local issue. I have had numerous meetings with the Forest Service on site. The fences let in the elk, but not cattle. I think it's my responsibility to bring the issue to the people of New Mexico to get their attention. The state has intervened on the wolf issue and on the EPA issue over the mine spill."
"I think Mr. Blaine thinks the issue is too small to worry about," Pearce said. "He hasn't answered my letter."
Another press member noted that water is one of the state's biggest issues, with already limited water resources available for people and livestock.
"I have been almost in total conflict with the agency since my first days in office," Pearce said. "We pushed back. The problem with Congress is that the state has priority on water. That's why it's wrong for the federal government to prohibit the use of the water. For our economy, the state must be the one to control water."
A press member said the Forest Service says it's not trying to reduce the cattle count in New Mexico, but it sounds like they are.
Pearce said extremists that interfere say if something is not completely natural, it is not allowed. In an alternate remediation in the oil fields, it was suggested that holding ponds could be used to store the water so it would be available when needed.
"The extremists said, in a pious fashion, we had to leave the water in the river," Pearce said. "They say in the same pious fashion that they are going to pay for livestock killed by wolves. We suggested that DNA be taken to prove whether it was a wolf kill or not, but the agency refused. Ranchers hear these words, but will end up sitting it out because they know they can't win."
On another issue in the state, 17 ranchers were kicked off their grazing allotments, because the "grass was too short. New Mexico State University experts went in and said the grass was in better condition than it had been in years, so the ranchers had their allotments reinstated. It should not take congressional action to get these things done. The extremists have pious looks and speak pious words, but they are doing the opposite."
With no more questions, the call ended.