Prepare for water war with Tiguas

By Brewster County Judge Val Beard

Our neighbors are gearing up for a new Indian War, but unlike the battles of the past, this one will be fought by lobbyists, lawyers, politicians and citizens' groups. Yes, after over 100 years, the Indians are back, big time.

We're talking about the Ysleta del Sur Pueblo, aka the Tigua, sometimes spelled Tewa. The Tigua are the brilliant legislative creation of El Paso attorney Tom Diamond. The tribe claims to be the remnant of Native Americans who fled from New Mexico to El Paso along with the Spaniards during the Pueblo Revolt of 1680. Arguments about whether or not the Tigua are really Indians still go on, but our legislature, in 1968, settled the question, at least legally, and recognized the Tigua as an Indian tribe. The fledgling tribe literally had to reinvent itself.

And attorney Diamond became one of the few Americans to create an Indian tribe, as opposed to trying to wipe them out.

What everyone does agree on is that back then, the Tigua were downtrodden and impoverished. Tribal status was intended to be a bootstrap out of their poverty. And it was. These new Native Americans must get high marks for improving their lives. They've made tremendous strides in education, housing and healthcare. A multimillion dollar casino and grants galore didn't hurt the effort.

Downtrodden no more, the Tigua are now financially stout, even after the shutdown of their casino by the state a few years back. And back before the casino closed, the Tigua were even able to buy a ranch, a big ranch, the Chilicote, in Jeff Davis and Presidio counties. The Chilicote sits smack over the Ryan Flat Bolson which overlies the igneous aquifer, and the ranch is right next to Antelope Valley Farms, the City of El Paso's controversial water ranch. You get the picture. This was a very smart buy.

Just like the rest of us, the Tigua have their own special brand of politics. Some of it gets pretty smash mouth, like when a big bunch of counterfeit Tigua were expelled from the tribe and wound up camping in backyards all over east El Paso. Other past political controversies, such as which chief got custody of a sacred drum, are simply incomprehensible to outsiders. The Tigua will flip flop positions and sometimes don't keep agreements. (They learned this from the Great White Father.) Even setting up a simple meeting with the tribal leadership can turn into a five star production.

Do not, do not, sell the tribe short because of this swirling entourage. Do not think that the Tigua are unsophisticated because they are courteous and humble. The Tigua are not shooting bows and arrows. Their political and economic firepower is considerable. Of late the tribe has retained lobbyist Buster Brown, former Texas Senator and water marketing godfather. Brown also represents Mesa Water (T. Boone Pickens), and has been point man for Water Texas. Just to top this off, the tribe has also retained Brown's cohort, former State Rep. Ron Lewis, who also represents big water interests. Both are web spinners supreme. While it's not clear exactly which issues Brown and Lewis will initially represent the tribe on— its likely gambling—you can bet that these two will be right there, ready to help, when it comes time to deal in H20.

This brings us to the current controversy, trust status. With the casino now only open for bingo, drinks and entertainment, the Tigua cash flow is just not what it used to be. The tribe is once again pursuing trust status from the federal government. In the most basic terms, they want to turn their privately owned ranch into an Indian reservation. Trust status would protect the ranch from creditors and prevent the sale of the ranch by "unwise" tribal leadership, come hell or high water. Trust status also cuts way down on costs—no local property taxes—and wipes the slate clean of any bothersome state or local regulation. No Texas Parks and Wildlife regulations for their considerable hunting operation and no regulation of water production whatsoever. It's a pretty darn slick deal. (You might try to get it for your ranch, too, if you could.)

Now there is a taxpayer uprising in Jeff Davis and Presidio counties and the Tigua are perplexed.

How did they so get so crosswise with their neighbors who at first so warmly welcomed them? Here's what has our neighbors seeing Red: Once trust status is granted, reservation residents get to keep on utilizing all the local services outside the reservation: school, roads, etc. But after the reservation goes off the tax rolls, the rest of the taxpayers have to pick up the slack. The double kicker is that unlike a national park, i.e. Big Bend National Park, reservations don't make Payments in Lieu of Taxes (PILT) to local governments, and at least in the past, the Tigua won't even discuss voluntary PILT.

The triple kicker is the water. The Tigua insist that as Native Americans, they won't engage in extractive industry on their ranch. But Native Americans can and do: Think Navajo coal mines and Osage oil wells. And deteriorating finances or more turmoil within the tribe could cause them to change their position on water mining. In El Paso, the argument is made that our government owes a debt to Native Americans: Give these people trust status. Our neighbors reply, "Perhaps so, but shouldn't that cost be born by the federal government, as opposed to the residents of two strapped rural counties who can't afford to export water?"

All very interesting, you say, but what does it have to do with Brewster County? Big Bend National Park is an imposing and sometimes fearsome neighbor, but the park will never market water or strip-mine and we do receive PILT payments. But there are many forms of federal land ownership. National park does not equal Indian reservation. Just back up here and remember that trust status exempts property from state and local regulation, making a reservation a dandy site for any number of activities which are anathema to many Brewster County residents. And remember that issue about no property taxes. And remember that Brewster County always has two or three really big ranches on the market. So how our neighbors deal with the Tigua application for trust status really is important to us.

Tigua Mountain Bottled Water, anyone? Kiowa Brand Bentonite?

Tiguas apply for public trust in two area counties
By Linda Bailey Potter / Staff Writer

Brewster County Judge Val Beard's guest editorial in this week's paper (pg. 4) is pretty clear: she is against the Ysleta del Sur Pueblo Indian Tribe, also known as the Tiguas, receiving trust status from the federal government for land they purchased in 1998 located in Presidio and Jeff Davis counties. Some 60,000 acres make up the old Chilicote Ranch.

The tribe applied for trust status a couple of months after purchasing the land, said Spokesman Mark Schwartz.

Under federal rules, land owned by Indian tribes can be placed in trust with the U.S. as a reservation.

"Indian reservations cannot be taxed, but they can pay fees in lieu of taxes and the schools can receive federal impact funds paid to the school districts for the Indian children," said Schwartz.

Beard states in her editorial that "the Tigua won't even discuss voluntary PILT."

"For the past few years they have been running the cattle ranch and are trying to do by example. The tribe members use it for recreational purposes and to commune with nature. It is a sacred area and has historical ties to the tribe. What they take from the land they return to the land," said Schwartz.

The trust status application process is ongoing but the public comment period has ended. According to Schwartz, they received several letters and comments from public officials that are now in the hands of the Bureau of Indian Affairs, who reviews trust status applications.

"We are still very hopeful that the tribal council can meet with local officials," he said.

However, Judge Beard says that the tribe land is "over the Ryan Flat Bolson which overlies the igneous aquifer, and the ranch is right next to Antelope Valley Farms, the City of El Paso's controversial water ranch."

"The tribe did buy the ranch a few months after El Paso purchased the Antelope Valley Farms ranch. But, they would fight anyone who would pull water out of the land. They are the biggest protector of resources," Schwartz said.

Schwartz said the Tiguas would not consider exportation of water or a possible gaming industry on the ranch.

"I think that Judge Beard's editorial clearly demonstrates the need for discussion based on her many misconceptions about the tribe and their historical roots to the region," said Schwartz.

"It's been put on hold indefinitely," said Parker Sando, reality specialist, Southwest Region Office of the Bureau of Indian Affairs, of the Tigua Indian Tribe's trust status.

"County judges from Presidio, Jeff Davis and Brewster had written letters objecting to the trust status. We are waiting to hear from the tribe and their attorneys to decide on what they want to do," Sando said.

"If we make the decision to put it in trust, then the counties will have the option to file an administrative appeal. Administrative appeals can hold up the trust status appeal indefinitely. Right now it's at a stand still," he said.