Senator Martin Heinrich's M.H. Dutch Salmon Greater Gila Wild and Scenic Rivers Bill has been rejected twice in Washington from becoming law.
The path of the bill began in 2019 when it was introduced by former Senator Tom Udall to the Energy and Natural Resources Committee. The bill which anticipated a smooth transition through the legislative channels was successfully blocked by local New Mexico opposition coordinated by a grassroots organization Heritage Waters Coalition (HWC). The founding board of HWC was alerted to the bill by local stakeholders that live along the Gila and its tributaries when they received a private invitation to be interviewed by Senators Udall and Heinrich staff members. The interview was an effort to advise a select few private property owners of the bill's intent and gain support for the action and mandated activities. Once the word was spread to all local stakeholders the reaction was immediate and effective. The immediate action was the organization of HWC and the effective action was stakeholders attending uninvited to the private interview of those select property owners. It is important to note the private property owners were those that alerted their neighbors to the bill's intent and encouraged crashing the party.

The swell of local opposition was based on the language of the bill which took state and local overlaying it by federal Law which protects the river over historical use, effectively eliminating the decisions of the USDA, NRCS and local authorities for development of infrastructure.

Let us recognize the long-term historical ties USDA and the NRCS have with our farmers, ranchers, allotment holders and mining concerns, where millions of dollars have been allocated toward good conservation and use of water, lands, erosion control and pasture development programs. All of this funding would be subject to Wild and Scenic River Act impact reviews. This is likely to dry up the funds that help protect these rivers today.

Hendrich has intentionally generated a loophole to achieve his goals of eliminating water usage by not amending Section 7 of the Wild and Scenic Rivers Act. The language in Section 7 takes control from State and local government and over-lays federal law in its place. Any private lands above and below designated river segments with applications for land improvements, maintenance, or conservation programs under NRCS or private funding will now be approved by a federal secretary in charge. The secretary in charge will have powers to approve or deny all conservation efforts or maintenance by following a river management plan written to minimize the use of the waters to the maximum extent.

To date, HWC has offered testimony opposing the 2019 bill offering logic that the senators could not overcome in the Energy and Natural Resources committee where the bill was introduced. It should be noted Senator Heinrich announced the bill to the committee by stating the Gila and its tributaries are the last undammed, undiverted free-flowing waters in the Southwest. The fact is those waters have a total of 24 working diversions in place making them the hardest working waters of any current W&S River system. The bill went down with no action in 2020.

Not to give up giving away the Gila Watershed waters Heinrich took up the mantle and reintroduced the bill in November of 2021. Senator Heinrich presented his bill to the E&NR committee knowing a 10 – 10 vote was coming. He then cut a deal with Senator Daines in Montana, who threw our local agriculture and producers' economy under the bus for cottonwood trees to be cut down in his state. To confirm, Senator Heinrich (D) voted to cut down the trees and Senator Daines (R) voted for Wild and Scenic on the Gila. Shifting the vote to 11 – 9 passing the bill out of committee. At the same time, language was adjusted in the bill (although not perfectly) to temporarily satisfy local mining concerns while ignoring agriculture and cattle producers' concerns.

Knowing the bill would not pass out of the senate floor Senator Heinrich moved to attach it to a Christmas Tree Omnibus Bill which failed.

To date, HWC grassroots organization has beat back the bill in 2 consecutive congressional sessions.

There is little doubt the senator will again introduce the bill in 2023. However, with the bill being rejected twice, it should now be identified with controversial status. HWC will use that status as leverage when once again local miners, ranchers, allotment holders, farmers and all historical users and protectors of the Gila Watershed will be asked to oppose Wild and Scenic designation on the Gila and its tributaries.