Alcohol

Governor sidesteps straight talk about alcohol vetoes

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More than a month after Gov. Michelle Lujan Grisham vetoed tentative steps that state legislators had taken to address New Mexico’s worst-in-the-nation rate of alcohol-related deaths, her office offered rationales that don’t square with her actions. The governor vetoed the first increase in alcohol tax rates in 30 years but she does not oppose increasing alcohol taxes, her spokesperson Maddy Hayden emailed New Mexico In Depth. The one-penny increase — watered down from a proposed hike of a quarter-per-drink—“would not have a material effect on alcohol prevention and treatment,” Hayden added, declining to say whether the governor supported a larger hike. The governor also vetoed a measure that would have directed tens of millions of dollars of existing alcohol tax revenues to alcohol treatment and prevention but she “believes unequivocally” that New Mexico needs to devote more resources to addressing alcohol misuse, according to Hayden. The governor felt the Legislature’s tax package represented “a potentially untenable hit to the general fund” and vetoed the reallocation of alcohol tax revenues “out of fiscal responsibility,” Hayden said, declining to clarify why the governor didn’t then retain the alcohol tax hike, which would have generated $10 million annually. 

The vetoes continue to puzzle and disappoint Democratic legislators and senior members of her own administration.

Indigenous Affairs

Navajo Nation Council passes resolution opposing New Mexico Indian Affairs appointee

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The Navajo Nation Council is calling on Gov. Michelle Lujan Grisham to withdraw her appointment of a former governor of San Ildefonso Pueblo as Indian Affairs cabinet secretary. Passed unanimously last week by the tribe’s governing body, the resolution adds to growing opposition to James Mountain as Lujan Grisham’s pick to head the state agency. 

Mountain was indicted in 2008 but never convicted on charges of criminal sexual penetration, kidnapping, and aggravated battery against a household member, leading members of the state’s Missing and Murdered Indigenous Women and Relatives Task Force to demand his removal in February. The prosecution dropped the charges in 2010 due to insufficient evidence and the court record was put under seal. 

In passing the resolution, the Navajo Nation Council joins Navajo Nation President Buu Nygren, task force members, and several New Mexico state senators in speaking out against Mountain’s appointment. Nygren wrote in a letter to the governor in February that his people’s voices “are so often unheard on concerns like this.” 

Mountain staying on as secretary, the council resolution states, would “negatively impact the critical work” of the task force, which is housed within the Indian Affairs Department. 

Council Speaker Crystalyne Curley, in a news release, said she understands opposing the appointment “may jeopardize funding from the state to the Navajo Nation, but we cannot place a price tag on the safety and well-being of our Native women, men, LGBTQ community, and children.”

Lujan Grisham “does not plan” to withdraw the appointment, spokesperson Maddy Hayden said in a text to New Mexico In Depth on Thursday. Mountain, through an Indian Affairs spokesperson Thursday, said the work of the department continues to be his top priority.

Climate change

Amid a withering drought, New Mexico leaders struggle to plan for life with less water

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Though the Rio Grande runs through the heart of New Mexico’s biggest city, you can easily miss it. Even from places where you’d expect to see water — designated parking areas near the river or paths along which you carry a boat to cast off from the nearest bank — it’s often invisible behind a screen of cottonwoods. Through much of the city, it hides behind businesses, warehouses, and strip malls. 

From the riverbank or on the river itself, these curtains create a rare reprieve, a place in an urban area that can be mistaken for a pocket of wild. City noise infrequently penetrates the cottonwoods that beat back the heat and hum with insects and birdsong on summer days. The river often runs a murky, reddish beige that matches its muddy banks.

Climate change

Diverting the Rio Grande into a grown-over, decades-old canal could cut New Mexico’s water debt

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Decades ago, Norm Gaume, a water advocate, paddler, and former director of the Interstate Stream Commission, hauled a canoe to central New Mexico, thinking he’d float down the Rio Grande through the Bosque Del Apache National Wildlife Refuge. But when he arrived, he found no water in the river. “None,” he said. “Because it was all in the Low-Flow Conveyance Channel.”

The channel is an obscure chapter in New Mexico’s water history that harkens to the 1950s, when New Mexico faced a growing water debt to Texas and needed to move water downstream more efficiently. The best way, they determined, was to route the water away from the riverbed into a 70-mile, rock-lined, narrow channel that would speed it downstream.

Children

Gov. nixes civil rights division, but attorney general indicates he’ll still act

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New Mexico Gov. Michelle Lujan Grisham killed a bill Friday that would have strengthened Attorney General Raúl Torrez’s authority to protect children’s rights and address racial disparities in how schools discipline children. The AG’s office defends state agencies accused of wrongdoing, but Torrez had wanted a new Civil Rights Division to investigate abuses by state agencies, school districts and other public bodies. Attorneys general in other states pursue civil rights cases, he noted. Both chambers of the Legislature listened, passing the bill in the final week of the legislative session. Days before the deadline for acting on legislation, Lujan Grisham expressed mixed feelings about the legislation, saying prosecutors already have tools to investigate neglect and abuse, according to the Albuquerque Journal.

Alcohol

How a 25¢-per-drink alcohol tax fell apart

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The Santa Fe New Mexican chronicled how efforts to increase taxes on alcohol over the past 30 years have hit a brick wall at the Roundhouse. Lawmakers budged in 2023, raising the tax per drink by a penny — far short of a 25 cent proposal. Illustration by Marjorie Childress. Ever seen someone make a quarter disappear? You did if you watched this year’s legislative session, where advocates seeking to stem the state’s tide of alcohol-related deaths proposed a 25¢-per-drink tax — and lawmakers shrank it down to hardly a penny.

Indigenous Affairs

Supreme Court Case Could Reshape Indigenous Water Rights in the Southwest

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A close-up view of center-pivot irrigation watering corn on Navajo Agricultural Products Industry farmland. (Photo courtesy of NAPI)

Tucked away on the northern New Mexico portion of the 27,000-square-mile Navajo Nation is a green oasis in an otherwise arid, often overgrazed landscape. The region, which received only 3.8 inches of rain in 2020, is home to one of the largest tracts of contiguous farmland in the continental United States. Water from Navajo Lake flows through 70 miles of canals before heading down an additional 340 miles of lateral irrigation ditches to a sea of roughly 700 central pivot-irrigated circles. There, the Navajo Agricultural Products Industry, known as NAPI, grows blue cornmeal, whole sumac berries, and juniper trees, among other culturally relevant foods under the Navajo Pride label.

Alcohol

Lawmakers water down alcohol proposals amid public health crisis

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ALBUQUERQUE, NEW MEXICO – JUNE 26, 2022: The alcohol department at a grocery store Albuquerque, NM on June 26, 2022. CREDIT: Adria Malcolm for New Mexico In Depth

The alcohol industry notched a victory Saturday as the Legislature approved an alcohol tax hike of less than a penny-a-drink on beer and hardly more than that for liquor and wine, a fraction of the 18- to 20-cents public health advocates pushed for in this year’s session. 

Lawmakers also rejected a $5 million request from the Department of Health for a new Office of Alcohol Prevention, despite the state’s historic budget surplus. A DOH spokesperson said its epidemiology division would create a smaller version of the office anyway, using an additional $2 million lawmakers added to the agency’s budget. 

Public health experts say the tax increase is so small that it’s unlikely to have any effect on excess drinking, let alone tackle New Mexico’s worst–in-the-nation rate of alcohol-related deaths. The chair of the House tax committee, Rep. Derrick Lente, D-Sandia Pueblo, who had rejected a compromise 5¢-per-drink proposal passed by his counterparts in the Senate, acknowledged the final increase was minor on the floor of the House of Representatives on Saturday morning. “If we want to call it minimal, we can call it minimal,” he said.

Children

Torrez: School discipline disparities would be priority for new civil rights division

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A school bus takes students home in rural New Mexico. Image: Marjorie Childress/New Mexico In Depth

New Mexico Attorney General Raúl Torrez wants the Legislature to make explicit his power to investigate possible civil rights violations in New Mexico, with a focus first on children, including racial disparities in school discipline and problems at the state’s troubled child welfare department. Torrez cited recent reports of a “pattern of disparate penalties or discipline meted out to various groups, particularly Native American students,” as well as “some very serious issues” at the state Children, Youth and Families Department (CYFD) to explain why he has urged the Legislature to create a civil rights division within the Attorney General’s office. 

“We need to get directly involved in protecting the civil rights of our citizens,” Torrez said in a February interview with New Mexico In Depth. “Our first priority will be looking at children.” 

New Mexico In Depth and ProPublica reported in December that Native American students are expelled from New Mexico’s public schools far more frequently than other student groups, in large part due to practices at the Gallup-McKinley County Schools district. Gallup-McKinley, which enrolls more Native students than any other public school district in the country, has expelled children at least 10 times as often as the rest of the state in recent years.

2023 legislative session

Senate committee passes nickel-per-drink increase in alcohol taxes

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On Wednesday, a Senate committee amended a tax package passed by the House earlier this week to hike alcohol taxes 5¢ per drink for beer, wine, and spirits, greater than the 1¢ to 2¢ increase included in the original proposal. The hike, larger than opponents had wanted but smaller than supporters had hoped for, would be the first in 30 years. 

Research has shown that making alcohol costlier is a way to reduce excess drinking, and supporters argued that a significant tax increase is necessary to combat the state’s alcohol crisis. New Mexicans die of alcohol-related causes at nearly three times the national rate and alcohol is involved in more than twice the deaths statewide as are fentanyl, heroin, and methamphetamines combined. New Mexico’s alcohol taxes do not adjust with inflation and have lost much of their real value since lawmakers last raised them. The 5¢ increase, approved by the Senate Tax, Business and Transportation committee, would bring taxes on wine and spirits back to the real value they had in 2000.