Ray Powell

This is in response to a guest column submitted by current Land Commissioner Patrick Lyons that you can read by clicking here.

As a candidate for state land commissioner, I bring a record of ethical leadership. I have worked to create thousands of new jobs for New Mexicans. I have a track record of generating more money for our schools and a proven commitment to healing and protecting our state lands.

I’m eager to return to the State Land Office where there’s much to be done!

Oil and gas issues

Of revenues coming to the State Land Office, 95-98 percent are generated from royalties from oil and gas. During much of my tenure, the price of oil was under $15 a barrel. Natural gas was also much lower than in the last eight years.

During Mr. Lyons’ tenure, the price of oil and gas has been much higher. To take credit for this increase in revenue to the State Land Office is disingenuous at best.

Prior to the development of the idea of protecting Otero Mesa as a unique and important landscape, I was the first land commissioner to evaluate the suitability of oil and gas development on specific pieces of state trust land. We evaluated each proposal in the Otero Mesa region and we limited oil and gas leases to only those sites that were appropriate.

I protected thousands of acres of unique and sensitive state trust lands. I commend and support the idea of protecting Otero Mesa as a landscape. It would make a wonderful national preserve.

Protection of state trust lands

I am very proud of my extensive record of protecting and restoring the health of state trust lands. During my tenure we aggressively protected state trust lands. I worked closely with the New Mexico Game and Fish Department, the state Environment Department, the state engineer, the Energy, Minerals, and Natural Resources Department, our lessees, and local communities and county government to protect our trust lands.

I was the first land commissioner to do an asset inventory of trust lands to determine the appropriate future uses of these lands. The inventory included plants, animals, water resources, paleontological finds, archaeological sites, mineral resources, and other features on trust lands.

• I established an internal scientific team and worked with scientists from our universities to review the health of our lands, and make recommendations for restoration.

• I protected habitat for endangered lesser prairie-chicken with federal agencies and grazing lessees.

• I developed a noxious weed management program to protect native plant species.

• In regards to illegal dumping, Mr. Lyons is absolutely incorrect. During my tenure we worked aggressively to clean up illegal dumping and remediate old landfills such as the huge landfill in the Tijeras Arroyo in Albuquerque, which was headed to becoming a super-fund site. We also worked with local communities, like Alamogordo, to develop regional landfills to stop illegal dumping across the region.

Sand and gravel operations

As regards a sand and gravel mining operation in the Bitter Lakes National Wildlife Refuge, I do not know anything about this issue. If this would have happened it would have created a firestorm. Perhaps Mr. Lyons will provide additional information?

Speaking of sand and gravel operations – during my tenure, I had to take to court a sand and gravel operation that was destroying adjoining state land and creating both economic and environmental loss for Velarde, a rural northern NM community.

It is interesting that Mr. Lyons, upon becoming commissioner, reversed the court action and allowed the operator to resume the destruction of the trust land and the community. It is probably coincidental but the operator was a supporter of Mr. Lyons.

Restoration of state trust lands

I am the first land commissioner to seek and get approval from the Legislature to spend money on the restoration of the health of state trust lands. The first year we asked for money to work on 27 projects statewide and reported on our success during the next legislative session.

These projects included stream restoration, protection of historical and archeological sites, clean up of illegal dumpsites and landfills.

Projects initiated during my leadership include:

• Initiated successful river restoration projects at the Santa Fe River, Maudes Creek in Silver City, Pump Canyon near Farmington, Macho Creek near Hatch, Bluewater Creek near Grants, and Alamosa Creek near Truth or Consequences.

• Stabilized the archeological treasures of Old Fort Ruin, the Citadel, Truby’s Tower, Pueblo Blanco, and the Folsum Site.

• Signed agreements with state research universities to share information on the health of plants and animals on state trust land.

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• Helped restore the endangered Pecos sunflower with grazing lessees and the N.M. Energy, Minerals, and Natural Resources Department.

Renewable energy

It was my administration that worked with Florida Power and Light and the Public Service Company of New Mexico to locate the first wind turbines in New Mexico. We were term-limited out before construction could commence.

Also, Mr. Lyons has granted numerous purely speculative solar leases for thousands of acres of trust lands so that the speculator, rather than the State Land Office, will make the money if anything ever happens on the land.

When elected, I will establish New Mexico as the leader in the production, in-state utilization, and sale of New Mexico produced renewable energy. I strongly believe that we can become the leader in the development and sale of technologies associated with renewable energy and a restoration economy.

This will provide thousands of good jobs for New Mexicans, significantly increase our tax base, and enhance our support for our public schools, universities and hospitals.

Economic development: principles and projects

During my tenure I built a strong and effective commercial division at the State Land Office. Our objective was to collaborate and cooperate with local communities. I get it: The healthier local communities are the more valuable the adjoining state trust lands become.

I established concrete principles for development on state trust land. These principles were:

• Increase revenues to the beneficiaries.

• Benefit the trust.

• Create jobs.

• Conserve water.

• Preserve unique, accessible, open spaces.

• Recognize the fragile nature of an arid environment.

• Preserve the best farmlands.

• Seek public input.

• Put the trust lands to their highest and best use.

My administration’s economic collaborative achievements included:

• The establishment of the Sandia Science and Technology Park near Sandia National Laboratories. The first tenant was the Emcore Corporation, which produced solar energy components and was headed for New Jersey. We leased trust land to facilitate establishment of the company in New Mexico. This generated more money for our public schools, increased our tax base, and created hundreds of good paying jobs. Mr. Lyons came in and cut the rent in half and thus established a lower value for the adjacent and nearby trust land.

• Community development partnerships in Aztec, Bloomfield and Farmington.

• A joint planning agreement with the community of Rio Rancho. It was the first ever, and it led to Rio Rancho targeting state trust lands for its city center; however, Lyons traded it away, and now the trust gets none of the benefit.

• Job creation in Albuquerque, the Mesa del Sol Planned Development, and the Double Eagle 2 Airport Business District.

• Created a sports complex with Silver City – Altamirano Sports Complex. Also created a 640-acre regional park with Bernalillo County that now has football and soccer fields, plus the Journal Pavilion – all by way of lease, wherein the trust shares in the revenue generated by the amphitheater while it helps pay for the upkeep of the ball fields.

• Traded land with the City of Las Cruces to enable them to lengthen their airport runway and received property in the Las Cruces West Mesa Industrial Park in return.

• Worked with the community of Española to develop a teen center on state trust land.

• Worked with the City and County of Santa Fe to establish affordable housing and develop the San Cristobal Village Community Plan.

• Worked with the community of Edgewood to establish the Edgewood Middle School and the plan for the Edgewood Town Center.

• Worked with the community of Ruidoso to establish a long-term plan for state trust lands within the community — Moon Mountain.

• Worked with the community of Sunland Park to establish affordable housing — Tierra Madre Community.

• Outreach efforts were ongoing to develop more projects in Angel Fire, Clovis, Fort Sumner, Hobbs, Ramah, Rio Rancho, Ruidoso, Truth or Consequences, and Tucumcari when we were term-limited out of office.

Economic development: Mesa del Sol

Then there was the establishment of Mesa del Sol, as the largest infill project in North America.
We created a 1,300 acre employment district and, to avoid urban sprawl, stipulated that jobs come before roof tops. This effort received three major planning awards from the state chapter of the American Planning Association and the project was named a model of planned development by the U.S. Environmental Protection Agency and the President’s Council for Sustainability. We also completed a contract with Cornell University to plan the employment area as the “renewable energy” eco-industrial center for the United States.

All the economic development Mr. Lyons talks about at Mesa del Sol was set in motion by my administration’s work in creating the way that the State Land Office could participate in the upside of development on trust lands. By being creative and entrepreneurial, we attracted the country’s most progressive and environmentally sensitive developer – Forest City.

During my tenure we helped create the Sandia Science and Tech Park. Mr. Lyons devalued the long term leases that we put in place.

Unlike Mr. Lyons, who stopped an open bid process on a major land development project in Las Cruces and then awarded the project to one of his largest contributors, I worked in an open and transparent manner with competitive bids representing the foundation of any proposal.

Regarding the percentage split at Mesa del Sol, my negotiated contract, after a national open and public bid process, called for leasing as much of the state land as possible versus selling it. This would have created a perpetual and significant revenue stream for our public schools.

Mr. Lyons ignored the idea of leasing and either sold or traded all the land he could so the trust only receives a one-time payment for raw land value.  Or, as in the case of a 3,000 acre trade Mr. Lyons did, the State Land Office gave up 3,000 acres of land at Mesa del Sol for meager revenue-producing land near Cochiti Pueblo.

Mr. Lyons demonstrates that he doesn’t understand business or the business arrangement my team negotiated between the State Land Office and the Mesa del Sol master developer – after the public bid. The contract my team negotiated ensures that the Land Office receives 100 percent of the original land value plus 100 percent of its natural inflated value. In addition, the State Land Office gets 14 percent of all gross revenues generated by the investment and entrepreneurial efforts of the master developer with no risk to the State Land Office.

Doing business

Mr. Lyons’ deals have corrupted the model we created by rewarding the developers in paying them for 100 percent of all of their expenditures regardless of whether or not those expenditures actually added value to State Trust Land.

I am very proud of my 10-year record of working collaboratively with business to earn more for our public schools, keep our tax payers bills lower, and create good jobs, while protecting the

health of our working lands. I am very proud of ensuring that the trust collected its fair share on behalf of our public schools, universities, and hospitals. Many of the energy audits Mr. Lyons is attempting to take credit for were in the pipeline when we left the Land Office. I certainly give him credit for any that he initiated.

It was not my administration that was taken to court or had attorney general opinions issued to limit my authority because of not acting openly and in compliance with the law: It was Mr. Lyons’ actions that cost New Mexico taxpayers money.

Simply, the Lyons administration has been a disaster. Mr. Lyons has faced numerous legal challenges alleging abuse of his authority.

Early in his term, a non-competitive bid deal on a huge project in Las Cruces resulted in the state attorney general issuing an opinion that Lyons’ non-bidded process was extremely flawed. This project was awarded to one of his largest contributors.

This has been followed by a number of other controversial deals. Recently, Mr. Lyons traded away one of the most beautiful and wildlife-rich areas in New Mexico — White Peak. Again, the state attorney general had to inject himself and take the issue to the New Mexico Supreme Court in an effort to reverse this appalling deal.

In addition, our state auditor has initiated a series of special audits of the land office, legislators have proposed legislation to curb Mr. Lyons’ abuses, and the media has made numerous requests for information, many of which have been re-buffed with the excuse of “executive privilege.”

Endorsements

In conclusion, my record speaks for itself. My record and vision are major reasons that I was endorsed by the Albuquerque Journal, Santa Fe New Mexican, Santa Fe Reporter, the Las Cruces Sun News, teachers, public employees and conservationists.

I am running to restore trust, accountability, transparency and ethics to the important office of state land commissioner – and that is what I will do.

Powell is a former commissioner of public lands and a Democratic candidate for the position this year.