11/11/25

Kewa Pueblo threatening area residents with road closure

Protect Public Access to Highway 16 and Red Rock Road — A Request from the Residents of the Baja Waldo and Red Rock Community — 

Dear Officials, 

We are writing on behalf of the Baja Waldo and Red Rock community, a small group of longtime residents who depend on Highway 16 (Route 16 East) for our only safe and reliable access to and from our homes. 

Our community includes 29 households — 15 along Baja Waldo Road and 14 along Red Rock Road. Most of us have lived here for more than 30 years. We are homesteaders, teachers, nurses, artists, and small business owners. Many of us are now retired, and several neighbors are elderly and depend on this road for medical appointments, groceries, and family support. 

For over four decades, we’ve used Highway 16 through the Galisteo Dam area to Exit 264 on I-25 for everyday needs — getting to work, school, and the doctor; receiving mail and deliveries; and ensuring that emergency responders can reach us when needed. 

If this road were to be closed, it would cut off emergency services, mail, utilities, and delivery access to our community. The only alternate route, through Cerro Chato → Highway 14 → NM-22, is long, steep, and often unsafe, especially during rain, snow, or icy conditions. For many of us, it’s not a realistic option. 

We understand and respect the Pueblo’s sovereignty and their right to manage their lands. At the same time, we believe there must be a balanced solution that allows continued public access for residents, emergency responders, and essential services. 

We are asking for your help to work together — the New Mexico Indian Affairs Department, NMDOT, Santa Fe County, and Sandoval County — to find a fair and lasting agreement that protects both public safety and tribal rights. 

We’ve attached a copy of the USPS letter confirming plans to remove our neighborhood mailboxes and noting that the road to that site “will be closed to public access,” along with a map showing the affected section of Highway 16. We deeply appreciate your time and attention. Many of us have lived here our entire adult lives. This place is home, and we simply want to maintain safe and reasonable access for our families, visitors, and first responders. 

Sincerely, 

Learn more at the Santa Fe New Mexican. And here.

Good morning. Not long ago I spoke with Derrick Toledo about the Kewa Pueblo's intent to close NM 16 that Red Rock and Baja Waldo residents depend on for services and commuting. Since the Bureau of Indian Affairs is the lead agency that negotiates easements and leases Representative Leger Fernandez could have dialogue with them at the federal level. I am endeavoring to contact Senators Heinrich and Lujan as well so this matter can be resolved. A call from Mr. Toledo would be greatly appreciated. Thank you, Larry Kurtz

10 comments:

larry kurtz said...

Existing roads: If the road already exists, the process may be simplified. You will still need a right-of-way for major infrastructure projects, but you may not need one for casual use like driving on an existing public road.
Access to Galisteo Dam is approximately 6.6 miles south-east on State Route 16 from its point of intersection with Interstate Highway 25 at Cochiti/Pueblo. State Route 16 is the only access road to Galisteo Dam.

larry kurtz said...

The Pueblo leases the land the Galisteo Dam sits on to the Corps of Engineers.

larry kurtz said...

Money has been allocated to the Corps for recreational improvements at the dam for things like bike paths and nature loop.

larry kurtz said...

A gate with a keypad is not impossible. Leases with Pueblos for public roads are ubiquitous in New Mexico.

larry kurtz said...

COMMUNITY UPDATE – Red Rock Road / Baja Waldo
1) 🔎 Current Status (as of February 27, 2026)
I spoke directly with Jerry Valdez today, Undersecretary of the New Mexico Department of Transportation (DOT) Ricky Serna.
DOT is actively working on our behalf and will be meeting with the Pueblo regarding access.
The Secretary of DOT, Ricky Serna personally drove our roads to better understand our situation firsthand.
DOT agrees that the alternate “back way to Highway 14” is not a viable option for our community.
The State and County are fully supportive of maintaining our access through NM-16.
DOT has tools available to support negotiations if necessary, and is interested in pursuing a formal easement to protect long-term access.
2) 💬 Communication Letters & Guidelines
⚠ Note on Communication (VERY IMPORTANT)
It was brought to my attention that a letter may have been sent previously that did not help the situation. This is simply a reminder that how we communicate matters and can influence the tone of discussions. Because of this, it’s a good idea (not a requirement) to pause additional individual outreach to agencies or the Pueblo for now, until DOT has a chance to meet with them.
To keep things positive and constructive, I will continue communicating on behalf of the community and keeping DOT (Jerry Valdez) and NM Indian Affairs (Amanda Nezzi) informed.
“Chat GPT Suggested” Simplified Communication Guidelines
If we need to communicate with the Pueblo in the future, we want to approach it respectfully, as neighbors. These guidelines help us keep messages positive, calm, and non-political.
Respect Tribal sovereignty and clearly acknowledge their authority over their land.
Keep the tone calm, humble, and neighborly.
Avoid describing our hardships.
Instead, we can simply say that we rely on NM-16 for everyday access and hope to work together on a cooperative solution.
Do not imply entitlement. We request — we don’t demand.
Avoid political language or activism-style arguments.
Avoid legal threats, pressure, or mentioning leverage or agencies.
Ask only to listen and have a respectful conversation.
Keep messages short, simple, and sincere.
Avoid emotional language or historical comparisons.
📌 These guidelines are preparation only — no letters are being sent at this time.
We’re waiting to hear from DOT first.
3) ⚖️ Attorney Information (Legal Guidance Only)
We are considering hiring legal support only for guidance, not for lawsuits, demands, or pressure of any kind. This would simply help our community stay informed and coordinated while agencies work on our behalf.
Attorney (Consultation Only):
Dayan Hochman-Vigil, Esq.
Practicing attorney in New Mexico & Legislature for NM ( not our district )
Expertise in government relations, public access, infrastructure, and policy
Currently serves as New Mexico State Representative (District 15)
Legal Cost Summary
Hourly Rate: $295/hr (reduced from $395/hr)
Retainer: $3,500
Used only if consultation occurs
Fully refundable if not used
📌 This would be a resource for legal clarity only, not legal action.
📌 If we choose to use her for guidance, we would first ask for everyone’s approval before sharing any costs.
📝 Next Steps
DOT will meet with tribal leadership.
We will wait for their update and share it with the community.
We stay respectful, unified, and thoughtful in all communication.
Thank you for your continued cooperation and level-headed approach. Staying positive and coordinated helps protect the progress already being made. And if anyone has any issues with the steps we are taking, please speak up.

larry kurtz said...

Santa Fe County And Four Pueblos Reach Monumental Agreement On Roads

larry kurtz said...

“The Bureau of Indian Affairs (BIA) within the Department of the Interior oversees the process for granting new rights-of-way on or through tribal lands, following a detailed regulatory scheme under modern law, separate from the old RS 2477 statute.”

larry kurtz said...

Since "the R.S. 2477 issue is highly contentious and often handled through litigation or specific negotiation processes, such as disclaimers of interest or Memoranda of Understanding (MOUs)."

larry kurtz said...

From google AI: describe the ownership of the road rights of way from I 25 over new mexico 16 to the galisteo dam

Interstate 25 (I-25) and NM 16: The rights-of-way for I-25 and NM 16 are owned by the New Mexico Department of Transportation (NMDOT), as they are part of the state highway system. The NMDOT holds the title (generally a conditional fee for public purposes) for land used for state highways.
Project Access Road/Local Roads: The final segment of the route, which is described as a "project access road" leading directly to the dam from the I-25 Exit 264 area, passes through lands belonging to the Santo Domingo Pueblo Indian Reservation. The right-of-way for this final access road is under the jurisdiction of the U.S. Army Corps of Engineers (USACE) for access to the federal facility, but the underlying land is part of the Pueblo's reservation, with easements granted for public access.
Galisteo Dam Facility: The Galisteo Dam area itself is a federally owned and managed public property under the jurisdiction of the U.S. Army Corps of Engineers (USACE).
In summary, the ownership is segmented as follows:
I-25 and NM 16: State of New Mexico (NMDOT).
Access Road to Dam: Federal government (USACE manages the right-of-way for public access), but the land is within the Santo Domingo Pueblo Indian Reservation.
Galisteo Dam site: Federal government (USACE).
For official property records and specific details, the NMDOT's Right of Way Bureau creates title reports and manages property transactions for state-owned rights-of-way.

larry kurtz said...

• DOT is actively leading this issue.
I spoke with Jerry Valdez late today (he works under Secretary Serna), and the DOT has multiple staff involved. They also confirmed that Representative McQueen’s office reached out to them this week. I let McQueen’s office know that DOT is already handling things well and that we’ll keep them informed of any changes.

• Santa Fe County is aware and engaged.
The Chief of EMS for Santa Fe County has been involved and informed Commissioner Bustamante, who is aware of the situation and interested in what’s happening. I passed this along to DOT so they know who may be contacting them.

• Major update about the Pueblo meeting.
The Secretary of Indian Affairs and the Secretary of DOT met with the Pueblo the Tuesday before Thanksgiving. According to DOT, the conversation was productive. The Pueblo said they did not know the USPS letter was going to be sent and were very apologetic. DOT and the Pueblo are now actively negotiating, and the discussions are moving in a positive direction. They are open to finding a solution, and funding may be possible for a right-of-way or easement—this is encouraging.

• Mailbox issue is being addressed.
DOT has reached out to the Post Office to understand why the USPS letter was generated, since it caught everyone off guard. Mailboxes remain part of the overall discussion.

• Next meeting scheduled.
I have another meeting with DOT next Wednesday afternoon, and we should learn more then about what is being negotiated and how things are progressing.

• Legal update.
I also updated the attorney who offered to represent us (Dayan Hochman-Vigil) and let her know we’re pausing legal involvement for now while DOT continues leading.

• Please hold off on contacting any agencies, the Pueblo, or any outside organizations that might publicize the issue.
It is very important that no one reaches out to any agency, the Post Office, the Pueblo, or any outside organizations that might publicize the issue right now. This request came directly from DOT. Outside contact at this stage could unintentionally disrupt or complicate the negotiations that DOT is currently handling on our behalf. Things are moving in a positive and cooperative direction, and keeping communication centralized through DOT is essential to protecting that progress.

Jerry sent me this message tonight, and I think it speaks to how seriously they’re taking this:
“We appreciate the trust you've put in us to fight for this on behalf of you and the entire community.” – Jerry Valdez, NM DOT

I know this has been slow and frustrating, but the progress so far is real. Things are moving in the right direction, and at this point the best thing we can do is give the process the time it needs to play out properly.
In the meantime, we can keep going with our regular lives while this continues behind the scenes.

If anyone has questions or wants to talk, feel free to reach out anytime. I’m happy to share what I know.
Thanks,
Justin