Heinrich, Luján, Leger Fernández Call on Forest Service to Outline Steps for Upper Pecos Watershed Mineral Withdrawal Assessment

WASHINGTON – In their latest effort to safeguard the Upper Pecos Watershed from future mineral development, U.S. Senators Martin Heinrich (D-N.M.) and Ben Ray Luján (D-N.M.) and U.S. Representative Teresa Leger Fernández (D-N.M.) are calling on the U.S. Forest Service to outline the process by which the agency will assess the potential risk of mineral development in the Upper Pecos Watershed.

The response follows an April letter from the Forest Service stating that it would consider whether an administrative withdrawal for the Upper Pecos watershed was necessary after the delegation requested a withdrawal in October 2022.

“As you conduct your assessment, please provide a description of the steps involved and the criteria that will be used in the Forest Service’s assessment. Additionally, please outline how the Forest Service will involve local stakeholders, including tribal leaders, local elected officials, landowners, acequia parciantes, farmers and ranchers, and business owners in the assessment process,”the lawmakers urged.

In the letter, the lawmakers point out the devastating consequences of mining in and around sensitive watersheds, including to the Upper Pecos. In 1939, the original Tererro mine in the Upper Pecos Watershed was closed after 13 years operation, but the damage was already done. Decades of acidic runoff and heavy metal pollution ensued. In 1991, toxic runoff ran into the Pecos River and a deadly concoction of sulfuric acid, aluminum, and zinc killed approximately 100,000 Rio Grande Cutthroat Trout and knee-capped the local economy.

“The people of the Upper Pecos Watershed should not have the threat of another toxic spill looming over them. We urge you to move forward with a mineral withdrawal in this area and look forward to your responses,” the lawmakers concluded.

The letter builds on two years of relentless advocacy from the New Mexico delegation to safeguard the Upper Pecos Watershed from all mineral development.

In September 2020, Senator Heinrich introduced the Pecos Watershed Protection Act, which would withdraw all federally-managed minerals in the watershed and prevent leasing, patent, or sale of all publicly-owned minerals, including oil and gas as well as gold, silver, copper, and other hard rock minerals. Heinrich reintroduced the legislation with Luján in February 2021. Leger Fernández introduced the Pecos Watershed Protection Act in the House in 2021. 

In March 2021, Heinrich, Luján, and Leger Fernández led a letter to the New Mexico Water Quality Control Commission to safeguard the promise of clean water and increase protections for the watershed.

Read the letter sent to the U.S. Forest Service today here and below.

Dear Chief Moore:

Thank you for your April 11, 2023 letter responding to our request that the Forest Service, in conjunction with the Bureau of Land Management, protect the Upper Pecos Watershed through a mineral withdrawal. You indicated in your letter that the Forest Service is evaluating the potential risk of mineral development in the Upper Pecos Watershed and the extent to which current laws and regulations are adequate for the protection of the watershed.

As you conduct your assessment, please provide a description of the steps involved and the criteria that will be used in the Forest Service’s assessment. Additionally, please outline how the Forest Service will involve local stakeholders, including tribal leaders, local elected officials, landowners, acequia parciantes, farmers and ranchers, and business owners in the assessment process.

Mining in and around sensitive watersheds has caused tragic consequences time and time again. In 1939, the original Tererro mine in the Upper Pecos Watershed was closed after 13 years of operation, but the damage was already done. Decades of acidic runoff and heavy metal pollution ensued. In 1991, toxic runoff ran into the Pecos River and a deadly concoction of sulfuric acid, aluminum, and zinc killed approximately 100,000 Rio Grande Cutthroat Trout and knee-capped the local economy. Cleanup of the Superfund site has cost New Mexico and its taxpayers at least $8 million and remediation is not close to done.

Rural communities rely on streams and rivers for economic activity, recreation, and irrigation,and drinking water. The people of the Upper Pecos Watershed should not have the threat of another toxic spill looming over them. We urge you to move forward with a mineral withdrawal in this area and look forward to your responses.