By Allyson Siwik
Sierra Club Rio Grande Chapter mining co-chair
Gila resources information project, executive director
In late August, the state engineer issued a decision denying Tulla Resources’ application to transfer water rights needed to reopen the Copper Flat Mine near Hillsboro in southern New Mexico.
NM State Engineer Elizabeth Anderson also noted the effects of climate change on New Mexico’s water resources. Quoting a 2006 Office of the State Engineer report, she stated, “New Mexico’s water future will be determined by water demand and availability of our water resources, (and) climate change will likely have a significant impact on both.”
The state engineer’s decision to deny the water rights application was based upon the hearing examiner’s findings of fact and conclusions of law that the application will impair existing surface and groundwater rights; that the applicant did not meet its burden of proof that it would be able to put the water rights to beneficial use within the 10-year permit term; and that the application is detrimental to the public welfare of the state as it adversely affects New Mexico’s Compact obligations with Texas.
The Copper Flat Mine operated briefly for about three months in 1982 before shutting down and leaving behind a legacy of contaminated groundwater and a toxic pit lake. The mine has not operated since.
The Australian company Tulla Resources Group applied to transfer 2,400 acre-feet per year of groundwater rights on behalf of New Mexico Copper Corporation in order for it to build, operate and reclaim the open-pit copper mine. Tulla Resources Group is the primary lender to New Mexico Copper Corporation, a wholly owned subsidiary of the Canadian corporation Themac Resources Group, which is itself owned by Tulla Resources Group.
The protestants also provided testimony that the water rights transfer would damage local waterways, such as the Rio Grande, Las Animas Creek, Percha Creek and Caballo Reservoir, essential to people, wildlife and native vegetation, harming riparian habitats that sustain unique Arizona sycamores and the endangered Southwestern Willow Flycatcher.
Charles de Saillan, attorney representing the Hillsboro Pitchfork Ranch, LLC, the Percha-Animas Watershed Association, the Gila Resources Information Project and the Rio Grande Chapter of the Sierra Club wrote:
“This proposed mining operation would have used a tremendous amount of water – 6,100 acre-feet (almost 2 billion gallons) of water per year for approximately 12 to 14 years. Yet Hillsboro is an arid region. And close by we have a residential community and local businesses; two working ranches; and a truly unique, biologically rich ecosystem along Las Animas Creek. They all depend on water. And a few miles downstream we have the Lower Rio Grande, which is subject to a water compact with Texas. The state engineer absolutely made the right decision in finding that this proposed water transfer would be detrimental to the public welfare of New Mexico.”
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