Prepared complaint letters
Choose a letter matched to the agency and legal question you want reviewed. Each letter includes the recipient, public contact path, evidence limits, and the specific factual findings requested.
The drafts report confirmed capture and removal of multiple animals while leaving jurisdiction, permit status, species identification, causation, and any legal violation for responsible authorities to determine.
La Orilla Advocacy Project
During an exceptionally dry Albuquerque summer, persistent water inside the La Orilla Outlet Water Quality Structure became an unintended refuge for wildlife. On August 25, 2026, AMAFCA-authorized work began while animals were still present. Before citizens intervened, workers dumped a considerable amount of dirt into the habitat, likely covering some animals still inside.
A public outcry grew as residents tried to save the animals. Only afterward did people associated with the City of Albuquerque’s Urban Biology Division and Albuquerque Open Space personnel appear at the site. Residents who protested and tried to intervene were also portrayed as agitators or as interfering with city workers doing their jobs. The public record does not show a complete wildlife survey or habitat assessment before work began, and the later response left the handling, relocation, and fate of the animals unresolved.
The La Orilla Advocacy Project documents what happened, preserves evidence, seeks accountability, and works to prevent it from happening again.
AMAFCA authorized the on-site work, but that agency authorization is distinct from the question of whether every required permit and regulatory approval was obtained. The filling appears to have proceeded without publicly available evidence of a proper hydrologic survey, wildlife survey, habitat assessment, water-quality assessment, or review of impacts to connected waterways. Because the site is close to the Rio Grande watershed, it may threaten protected native species, including the Rio Grande silvery minnow, and may contaminate its habitat through changes to water quality, sediment, or runoff. This calls for field checks and water-quality testing.
As stewards of this environment, we cannot accept AMAFCA-authorized work that included the attempted filling of a living habitat.

Ask for answers.
Demand justice.
The wildlife affected by the drainage of its habitat at La Orilla needs the community to speak up. This does not happen in isolation: we need stronger oversight and protections for wildlife in and around our bosque. Review the official sources, choose the agency or office that matches your concern, and send a respectful, informed letter asking for immediate answers about AMAFCA's authorization, the work, the animals, the permits, and the regulatory approvals. Every letter shows that this community is paying attention and asks the responsible agencies to verify the facts and protect any animals still at the site.
Actions we’re asking officials to take
- Open an independent investigation into why the ditch was drained before documented wildlife, habitat, and water-quality surveys were completed, and identify every official, contractor, operator, and handler involved.
- Publish a complete accounting for every animal taken or encountered: species, number, condition, capture or handling method, date, time, handlers, destination, and outcome—including a documented investigation of the reported beaver death and any other deaths.
- Document AMAFCA's authorization, identify who directed and performed the work, and hold responsible decision-makers, contractors, and handlers accountable for any mishandling, unauthorized taking or relocation, injury, death, or other violation established by the evidence.
- Document the habitat destruction and require a funded restoration and monitoring plan for the ditch, water, soil, and connected waterways, with public progress reports.
Choose one or more
Each option below includes its citations, the responsible department or agency, and available contact paths. Send one or several. A master letter is also available covering all reported potential violations and possible criminal conduct.
Master complaint letter
Use this complete letter with the relevant department or departments.
LEGAL NOTICE REQUEST FOR IMMEDIATE STOP-WORK AND REQUEST FOR FEDERAL, STATE, AND LOCAL ENVIRONMENTAL REVIEW Wildlife-Occupied Aquatic Drainage/Retention Area East of Sagebrush Church–Riverside Campus 6440 Coors Boulevard Northwest, Albuquerque, New Mexico 87120 Observed Work: August 25–26, 2026 To the public agencies and authorities with possible jurisdiction, Subject: Coordinated complaint, evidence-preservation request, and request for immediate wildlife and water protection at La Orilla / Piedras Marcadas I am a resident and member of the public requesting one coordinated, written investigation of reported filling, pumping, dewatering, wildlife handling, and habitat alteration at the drainage or retention area near 6440 Coors Boulevard Northwest, directly east of Sagebrush Church–Riverside Campus, Albuquerque, New Mexico 87120. CURRENT STATUS: The available public record indicates that site work and wildlife-response activity may still be ongoing as of August 28, 2026. The Mayor’s office stated that City teams were currently on-site assisting wildlife affected by the project, and a supplied public community post reported that a bulldozer was removing material. Please preserve current site conditions, evidence, and wildlife protections while the responsible authorities determine the scope and lawfulness of the work. This request is urgent because additional filling, draining, grading, vegetation removal, cleanup, or animal handling could alter site conditions, make injuries or water-quality effects harder to detect, destroy records or biological evidence, and foreclose less damaging corrective options. Public safety and necessary flood-control functions should be protected, but irreversible work should not proceed without prompt jurisdictional, engineering, water-quality, wildlife, and permit review. IMPORTANT LEGAL QUALIFICATION This submission identifies documented facts, reported facts, and legal provisions requiring agency review. It does not represent that every cited statute has already been conclusively violated. Several provisions depend on facts not yet publicly established, including Clean Water Act jurisdiction, permit status, claimed maintenance exemptions, federal funding or authorization, species identification, and the precise pumped-water outlet, volume, authorization, and monitoring. Where those predicates are not yet established, this document requests an immediate determination before additional irreversible work occurs. I. FACTUAL BASIS AND LOCATION CURRENT FACTUAL BASELINE (reviewed August 29, 2026) Albuquerque Metropolitan Arroyo Flood Control Authority identifies the site as the Albuquerque Metropolitan Arroyo Flood Control Authority-owned La Orilla Outlet Water Quality Structure. Albuquerque Metropolitan Arroyo Flood Control Authority authorized the on-site work at the La Orilla Outlet Water Quality Structure; that agency authorization does not by itself establish that every required permit or regulatory approval was satisfied. Albuquerque Metropolitan Arroyo Flood Control Authority reported that approximately 8–10 turtles, primarily red-eared sliders, and several bullfrogs had been captured or relocated as of August 26, 2026; wildlife professionals were involved, work was paused after wildlife concerns, relocation was not complete, and no dead or injured wildlife had been found at that point. The supplied photograph directly depicts one beaver, and witness material records direct observation of at least two beavers and one beaver den; Albuquerque Metropolitan Arroyo Flood Control Authority stated that it had not independently confirmed the beaver observation as of its August 26, 2026 public statement. A supplied photograph depicts an animal appearing to be a deceased beaver beside a roadway. In a public Facebook post, Brittany Walters says Jenn Wilson photographed the animal near Paseo and Coors and identifies it as the same beaver the community had been trying to save based on matching tail notches; the identity and the cause, timing, and circumstances of death have not been independently verified. Supplied text-message screenshots report more than 40 turtles identified in the account as snapping, western painted, red-eared slider, and spiny softshell turtles, plus one unidentified snake, many bullfrogs, and a possible alligator; the counts and species identifications require qualified official verification. Historical federal scientific records document Rio Grande silvery minnows at a La Orilla Middle Rio Grande study location; that historical evidence does not establish that silvery minnows were present inside the specific Albuquerque Metropolitan Arroyo Flood Control Authority La Orilla Outlet Water Quality Structure during the August 2026 operation. Albuquerque Metropolitan Arroyo Flood Control Authority stated that water was pumped downstream along the structure’s normal drainage path toward the Rio Grande and that water-quality samples were collected; laboratory results were pending at the time of its August 26, 2026 statement. Albuquerque Metropolitan Arroyo Flood Control Authority stated that permanent drainage modifications were under consideration. The reviewed public record does not establish the full permit history, precise regulatory jurisdiction, specific discharge authorization, detailed laboratory results, all relocation destinations, complete injury or mortality records, or final permanent-design effects. WHAT THE CURRENT RECORD DOES AND DOES NOT SHOW Photographic and video evidence supplied by local observers shows a water-filled drainage or retention feature directly east of Sagebrush Church–Riverside Campus at 6440 Coors Boulevard Northwest, Albuquerque, New Mexico 87120. Supplied images dated August 25–26, 2026 depict standing water, aquatic vegetation, accumulated floating garbage, turtles, heavy equipment, fresh soil near the channel, and substantial soil or fill being placed at or into the aquatic area. One supplied photograph directly depicts one beaver. These images justify inspection but do not alone establish that material entered jurisdictional water, the amount or composition of fill, the drainage or receiving-water path, a permit violation, injury, mortality, or a federal nexus. Separate witness material records direct observation of at least two beavers and one den. Local observers separately report turtles, frogs, birds, fish, and other aquatic wildlife. The presence, number, species, and legal status of each animal should be independently verified by qualified wildlife personnel. Local reports identify the feature with the La Orilla/Piedras Marcadas drainage system. The responsible agencies should identify the remaining drainage, receiving-water, permit, and jurisdictional facts in writing. Reports further state that water was pumped or drained and that filling was undertaken in response to complaints about trash and mosquitoes. The destination of the pumped water, the authority for the filling, and the existence of environmental or wildlife review have not yet been established. Reported by news organizations: KOAT describes a decontamination effort and reports that the Albuquerque Metropolitan Arroyo Flood Control Authority was pumping the basin dry. KRQE News 13 and the Albuquerque Journal describe wildlife concerns, turtles, frogs or toads, tadpoles, a beaver, a pause or delay, searches or relocation efforts, and uncertainty about animal destinations. A separate account shared with this project says crews described mosquito control and says dirt was placed over live animals as well as trash. Those statements require verification from witnesses, work orders, original media, field records, and the responsible entities. Still requiring official determination: operator, contractor, and authorizing officials; work purpose and scope; property and easement boundaries; prior serviceable condition; federal, state, tribal, county, city, or flood-control jurisdiction; waters-of-the-United-States status; drainage and Middle Rio Grande connection; source, quantity, and placement of material; discharge and pumped-water destination; permits, exemptions, and approvals; federal funding or action; species identities and legal status; animal counts, condition, injuries, deaths, handlers, transport, destinations, and release monitoring; or whether any cited violation occurred. II. IMMEDIATE LEGAL AND REGULATORY ISSUES The following are investigation questions, not conclusions. Each authority applies only if its jurisdictional and factual elements are established. The controlling official text—not this summary—governs. WATER, FILL, AND DRAINAGE 1. Discharge of fill without authorization — Clean Water Act §301 Potential violation only if the investigation establishes an addition of soil, rock, sand, sediment, or another pollutant from a point source to waters of the United States without authorization. Law: Clean Water Act §301(a), 33 U.S.C. §1311(a). The photographs show material beside or near the channel; jurisdiction and the discharge path remain unverified. Legal basis and limits: Review Clean Water Act §301(a), 33 U.S.C. §1311(a): except as authorized by the Act, the discharge of any pollutant by any person is unlawful. The investigation should determine whether soil, rock, sediment, trash, or other material was a pollutant; whether equipment or another discernible conveyance was a point source; whether the receiving area is a water of the United States; and whether a valid permit or other authorization covered the discharge. Records and factual questions: Determine the exact material placed, volume, dates, equipment, discharge path, receiving water, ownership, contractor, permit number, and whether the work caused or may cause a measurable addition of pollutants or a change in water quality. Requested agency determination or action: Inspect before further filling or dewatering; identify any §301/§402/§404 authorization; preserve samples and photographs; require lawful controls; and pursue removal, restoration, mitigation, or enforcement if the elements are established. Controlling sources: 1. 33 U.S.C. §1311 — complete statutory text https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1311&num=0&edition=prelim 2. Unauthorized placement of dredged or fill material — Clean Water Act §404 Potential violation only if dredged or fill material was discharged into a jurisdictional water and no required individual, general, nationwide, or other §404 authorization covered the work. Law: Clean Water Act §404(a), 33 U.S.C. §1344(a). Jurisdiction, placement, material, and permit status require official findings. Legal basis and limits: Review Clean Water Act §404(a), 33 U.S.C. §1344(a): discharge of dredged or fill material into navigable waters is administered through permits issued by the Secretary or the authorized state program. The investigation must establish jurisdiction, the definition and quantity of fill, whether the work changed bottom elevation or aquatic functions, and whether an individual, general, nationwide, or other §404 authorization existed and covered this location and method. Records and factual questions: Obtain the jurisdictional determination, delineation, plans, fill source, tonnage, work dates, permit application or verification, exemption claim, compensatory-mitigation analysis, and photographs of the channel before and after work. Requested agency determination or action: Confirm whether the Corps or another permitting authority has jurisdiction; pause additional discharge where authorized; require compliance with permit conditions; and order appropriate restoration or mitigation if unauthorized fill is confirmed. Controlling sources: 1. 33 U.S.C. §1344 — complete statutory text https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1344&num=0&edition=prelim 2. 40 C.F.R. Part 232, including §232.2 — current definitions for dredged and fill material https://www.ecfr.gov/current/title-40/chapter-I/subchapter-H/part-232 3. Review of the drainage-maintenance exemption — Clean Water Act §404(f) Potential review issue only if jurisdiction, the claimed maintenance purpose, prior serviceable condition, and recapture elements are established. Determine whether the work was maintenance, construction, habitat conversion, or a new use, and whether §404(f)(2) recapture applies. Laws: 33 U.S.C. §1344(f)(1)–(2). Legal basis and limits: Review 33 U.S.C. §1344(f)(1)–(2). The maintenance exemption is limited and does not automatically cover construction, conversion, habitat elimination, or a new use. The recapture provision applies when an activity has the purpose of bringing an area into a use to which it was not previously subject and impairs or reduces the flow or circulation of navigable waters or reduces the reach of those waters. Records and factual questions: Identify the structure allegedly maintained, its prior serviceable condition, the approved maintenance plan, the amount and placement of fill, the resulting flow and storage changes, and whether the purpose was maintenance or conversion of the drainage area. Requested agency determination or action: Require the proponent to identify the precise exemption and factual basis; determine whether §1344(f)(2) recaptures the activity; and require a permit, restoration, or mitigation if the exemption does not apply. Controlling sources: 1. 33 U.S.C. §1344, including §404(f) — complete statutory text https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1344&num=0&edition=prelim 4. Section 404 permit-review criteria for aquatic impacts — Clean Water Act §404(b)(1) Potential permit-review issue: if a Section 404 permit is required, the permitting authority must evaluate less damaging alternatives, mitigation, and restoration under 40 C.F.R. Part 230. The Guidelines do not independently establish a violation by a private party. Legal basis and limits: Review the §404(b)(1) Guidelines in 40 C.F.R. Part 230 if §404 authorization is required or being evaluated. The Guidelines direct the permitting authority to consider significant degradation, practicable less-damaging alternatives, avoidance, minimization, and compensation for unavoidable impacts. They are permit-review standards, not an independent private-party offense. The analysis should address aquatic functions, special aquatic sites, cumulative and secondary effects, sediment, wildlife, and less damaging alternatives. Records and factual questions: Request the alternatives analysis, project-purpose statement, aquatic-resource delineation, impact calculation, avoidance and minimization record, mitigation plan, and any determination that the channel was not a special aquatic site or valuable wildlife habitat. Requested agency determination or action: Require a complete §404(b)(1) review before authorizing more work; protect remaining water and habitat; and require mitigation, restoration, or permit enforcement for avoidable or unauthorized impacts. Controlling sources: 1. 40 C.F.R. Part 230 — complete electronic Code of Federal Regulations text https://www.ecfr.gov/current/title-40/chapter-I/subchapter-J/part-230 5. Unpermitted stormwater, dewatering, or runoff discharge — Clean Water Act §402 Potential violation only if pumped water, sediment, runoff, or material mobilized by the work was discharged from a point source to jurisdictional water without required National Pollutant Discharge Elimination System coverage or compliance. Law: Clean Water Act §402, 33 U.S.C. §1342. Pre-existing trash or algae should not be attributed to crews without evidence. Legal basis and limits: Review Clean Water Act §402, 33 U.S.C. §1342, which governs National Pollutant Discharge Elimination System permits. Determine the operator, point source, receiving water, discharge path, applicable permit program, and whether pumped or turbid water, sediment, construction runoff, fuel, concrete washout, or material mobilized by the work was discharged to a jurisdictional water without required coverage or compliance. Do not attribute pre-existing trash or algae to the crews without evidence that the work discharged or mobilized it. Records and factual questions: Identify every discharge point, pump, hose, ditch connection, receiving water, discharge date and duration, sampling result, National Pollutant Discharge Elimination System permit or notice of intent, and stormwater or dewatering control used at the site. Requested agency determination or action: Inspect and sample promptly; determine whether permit coverage was required; require immediate pollution controls and lawful dewatering; and take corrective or enforcement action for unpermitted discharges. Controlling sources: 1. 33 U.S.C. §1342 — complete statutory text https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1342&num=0&edition=prelim 6. Construction-stormwater and dewatering review — Clean Water Act §402 Potential violation only if applicable disturbance and discharge thresholds are met and the operator lacked required coverage or failed applicable controls. Construction-stormwater requirements generally depend on whether the activity disturbs one acre or more or forms part of a larger common plan meeting the threshold; excavation alone does not automatically require coverage. Authorities: Clean Water Act §402, 33 U.S.C. §1342, and the Environmental Protection Agency 2022 Construction General Permit. Legal basis and limits: Review Clean Water Act §402 and the National Pollutant Discharge Elimination System requirements in the Environmental Protection Agency 2022 Construction General Permit only after determining the disturbed-acre and common-plan thresholds, operator, discharge, location, permit version, and eligibility that apply. If coverage was required, review the notice of intent, site-specific Stormwater Pollution Prevention Plan, erosion and sediment controls, permit-required inspections and corrective actions, stabilization, pollution prevention, and New Mexico construction-dewatering requirements. Records and factual questions: Request the disturbed-acre calculation, common-plan analysis, permit number and effective version, notice of intent, SWPPP, site maps, all inspections required by the applicable permit, dewatering authorization, analytical data, corrective-action logs, contractor certifications, stabilization records, and evidence that disturbed soil and fill were controlled. Requested agency determination or action: Determine whether coverage was required and valid; inspect controls before more work; require stabilization, sediment containment, lawful dewatering, and monitoring; and refer violations for permit enforcement. Controlling sources: 1. 33 U.S.C. §1342 — complete statutory text https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1342&num=0&edition=prelim 2. Environmental Protection Agency 2022 Construction General Permit https://www.epa.gov/npdes/2022-construction-general-permit-cgp 7. Unlawful water-quality or discharge impacts — New Mexico Water Quality Act Potential violation only if state jurisdiction and standards apply and the work caused or may cause water pollution or a discharge requiring authorization or compliance. Authorities: New Mexico Water Quality Act, NMSA 1978 §§74-6-1 through 74-6-17; 20.6.2 NMAC for ground-water and discharge controls; and 20.6.4 NMAC for applicable surface-water standards and antidegradation. Legal basis and limits: Review the New Mexico Water Quality Act, NMSA 1978 §§74-6-1 through 74-6-17, the ground-water and discharge-control provisions in 20.6.2 NMAC, and applicable surface-water standards and antidegradation provisions in 20.6.4 NMAC. Determine whether state jurisdiction and standards apply, whether the work caused or may cause water pollution or a discharge requiring state authorization, and which state or federal program governs each discharge, stormwater, dewatering, surface-water, or ground-water question. Records and factual questions: Request baseline and post-work samples for turbidity, sediment, nutrients, bacteria, algae, fuel, concrete-related pollutants, and other site-specific contaminants; the discharge path and receiving-water analysis; permits; notices; inspection reports; complaints; and corrective-action records. Requested agency determination or action: Inspect and sample immediately; prevent additional polluted discharge; determine permit and standard compliance; coordinate with the Environmental Protection Agency and water-management agencies; and require cleanup, restoration, monitoring, or enforcement. Controlling sources: 1. New Mexico Water Quality Act, Chapter 74, Article 6 — official complete statutory text https://www.nmonesource.com/nmos/nmsa/en/item/4415/index.do 2. 20.6.2 NMAC — current official ground-water and discharge-control rule https://www.srca.nm.gov/parts/title20/20.006.0002.html 3. 20.6.4 NMAC — current official surface-water-quality standards https://www.srca.nm.gov/parts/title20/20.006.0004.html WILDLIFE, RELOCATION, AND ANIMAL WELFARE 8. Request for listed-species take review — Endangered Species Act §9 Potential violation: injuring, killing, capturing, or otherwise taking a federally listed species, if one is present and the legal elements are established. Law: 16 U.S.C. §1538. A beaver’s presence alone does not establish an Endangered Species Act violation. Legal basis and limits: Review Endangered Species Act §9, 16 U.S.C. §1538, 50 C.F.R. Part 17, and the listing and species-specific rules in force for any identified animal. Establish first whether a listed species was present or affected, then whether the conduct constituted prohibited take under the applicable definition, listing rule, §4(d) rule, permit, or exception. A beaver’s presence alone does not establish an Endangered Species Act violation. Records and factual questions: Conduct a species- and individual-level inventory of fish, birds, reptiles, amphibians, eggs, young, and other organisms; document injury, death, displacement, capture, handling, and habitat effects; and identify permits, biological opinions, and reasonable-and-prudent measures. Requested agency determination or action: Refer possible take to the United States Fish and Wildlife Service, protect remaining animals and habitat, preserve specimens and evidence, and determine whether authorization, rescue, or enforcement is required. Controlling sources: 1. 16 U.S.C. §1538 — complete statutory text https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1538&num=0&edition=prelim 2. 50 C.F.R. Part 17 — current listed-species and take regulations https://www.ecfr.gov/current/title-50/chapter-I/subchapter-B/part-17 9. Migratory bird disturbance — Migratory Bird Treaty Act Potential violation only if protected migratory birds, nests, eggs, or dependent young were present and specific conduct constituted prohibited take under the current statute and regulations. Law: Migratory Bird Treaty Act, 16 U.S.C. §703 and following sections Habitat disturbance alone is not automatically a violation. Legal basis and limits: Review the Migratory Bird Treaty Act, 16 U.S.C. §703, and current implementing regulations. Determine which protected migratory birds, nests, eggs, or dependent young were present; whether vegetation removal, burial, machinery, flooding, draining, or other conduct caused a prohibited take under the applicable law; and whether a specific permit, regulation, or enforcement policy applies. Do not assume that every habitat disturbance is automatically a criminal violation. Records and factual questions: Request a qualified bird and nest survey covering the work footprint and adjacent vegetation, the work dates and machinery path, photographs, species identification, nest and egg observations, and any federal authorization or seasonal avoidance measures. Requested agency determination or action: Refer the report to the United States Fish and Wildlife Service; avoid vegetation removal and disturbance while birds, nests, eggs, or young may be present; and preserve evidence for a species-specific determination. Controlling sources: 1. 16 U.S.C. §703 — complete statutory text https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section703&num=0&edition=prelim 2. 50 C.F.R. Part 10 — current regulations and protected-bird list https://www.ecfr.gov/current/title-50/chapter-I/subchapter-B/part-10 10. Purposeful animal crushing — Preventing Animal Cruelty and Torture Act (PACT Act) Potential violation: a person purposely crushed, burned, drowned, suffocated, impaled, or otherwise subjected one or more living non-human mammals, birds, reptiles, or amphibians to serious bodily injury, only if an investigation also establishes the federal jurisdiction required by the statute: conduct in or affecting interstate or foreign commerce, or within the special maritime and territorial jurisdiction of the United States. Law: 18 U.S.C. §48, the Preventing Animal Cruelty and Torture Act (PACT Act), enacted as Public Law 116-72 in 2019. The statute excludes listed conduct such as customary veterinary, agricultural, research, euthanasia, hunting, trapping, fishing, sporting, predator-control, and pest-control practices, as well as unintentional conduct. The reported presence or disappearance of animals alone does not establish purposeful crushing, serious bodily injury, or this federal crime. Legal basis and limits: Review 18 U.S.C. §48, the 2019 Preventing Animal Cruelty and Torture Act. The investigation must establish purposeful conduct that crushed, burned, drowned, suffocated, impaled, or otherwise subjected a living non-human mammal, bird, reptile, or amphibian to serious bodily injury, plus the statute’s federal-jurisdiction element: conduct in or affecting interstate or foreign commerce or within the special maritime and territorial jurisdiction of the United States. The statute contains exceptions for listed veterinary, agricultural, scientific, hunting, trapping, fishing, sporting, predator-control, pest-control, euthanasia, and unintentional conduct; reported animal presence or disappearance alone proves none of these elements. Records and factual questions: Preserve original photographs and video, metadata, witness accounts, equipment movements, work orders, animal condition and mortality records, necropsy or veterinary evidence, handler identities, and any facts bearing on purposeful conduct, serious bodily injury, federal commerce, and statutory exceptions. Requested agency determination or action: Refer any direct evidence of purposeful animal crushing or serious injury to the appropriate federal and state investigators while separately protecting animals at the site or already moved and investigating water, habitat, wildlife, and state-law issues. Controlling sources: 1. 18 U.S.C. §48 — complete statutory text https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section48&num=0&edition=prelim 2. Public Law 116-72 — 2019 Preventing Animal Cruelty and Torture Act https://www.congress.gov/116/plaws/publ72/PLAW-116publ72.pdf 11. Unauthorized take of beaver or other furbearers — 19.32.2 NMAC Potential violation only if a regulated furbearer was captured, trapped, killed, removed, transported, possessed, or released without required season, license, permit, depredation, rescue, or live-transfer authority. Authorities: 19.32.2 NMAC and, where applicable, NMSA 1978 §17-3-31. Habitat effects alone do not establish every element. Legal basis and limits: Review 19.32.2 NMAC, NMSA 1978 §17-3-31 for live transfer where applicable, and the New Mexico Department of Game and Fish’s current furbearer and permit requirements. The notice identifies an ordinary statewide beaver season of April 1–30 and November 1–March 31, placing the reported August work outside that ordinary season; separate governmental wildlife-control authority, depredation authority, rescue authority, permits, or exceptions may still govern and must be verified. Determine whether a beaver or other regulated furbearer was captured, trapped, killed, removed, transported, possessed, or released; who acted; and whether a season, license, permit, depredation authorization, rescue authority, or exception applied. Effects to a den, lodge, dam, young, or habitat are urgent facts to investigate but do not by themselves establish every element of a furbearer offense. Records and factual questions: Request the permit or authority, species and individual count, capture method, handlers, transport route, condition, current location, release-site approval, wildlife-officer or biologist involvement, and disease and invasive-species review. Requested agency determination or action: Send a qualified wildlife officer or biologist; conduct a species survey and account, to the extent practicable, for animals observed, handled, relocated, injured, or killed; stop unauthorized capture or transport; and require humane, permitted handling and a documented release or rehabilitation plan. Controlling sources: 1. 19.32.2 NMAC — current official rule text https://www.srca.nm.gov/parts/title19/19.032.0002.html 2. NMSA 1978 §17-3-31 — official Chapter 17 statutory source https://www.nmonesource.com/nmos/nmsa/en/item/4341/index.do 12. Unauthorized take of native amphibians or reptiles — 19.35.10 NMAC Potential violation only if an identified native amphibian or reptile is covered and regulated take, collection, possession, transport, or rehabilitation occurred without applicable authority. Law: 19.35.10 NMAC. The rule is not a blanket prohibition on every incidental habitat effect. Legal basis and limits: Review 19.35.10 NMAC and all species-specific New Mexico requirements governing native amphibians and reptiles. Identify each turtle, frog, snake, or other affected animal to species; determine its classification, limits, and any take, collection, possession, transport, rehabilitation, method, license, permit, or rescue provision. The rule is not a blanket prohibition on every incidental habitat effect. Records and factual questions: Request a qualified survey of turtles, frogs, eggs, nests, young, and animals remaining in water, sediment, banks, vegetation, and fill; document handling, injury, mortality, release, and destination; and obtain every permit and chain-of-custody record. Requested agency determination or action: Require species-appropriate rescue and relocation by qualified personnel, protection of animals that remain, and enforcement or restoration where unauthorized take or habitat destruction is established. Controlling sources: 1. 19.35.10 NMAC — complete rule text from the New Mexico State Records Center and Archives https://www.srca.nm.gov/parts/title19/19.035.0010.html 13. State-protected wildlife harm — New Mexico Wildlife Conservation Act Potential violation only if a species on New Mexico’s current threatened or endangered list was present and conduct constituted prohibited take or other statutory harm without authorization. Laws: New Mexico Wildlife Conservation Act, NMSA 1978 §§17-2-37 through 17-2-46, and implementing rules. Habitat effects alone do not establish take. Legal basis and limits: Review NMSA 1978 §§17-2-37 through 17-2-46, the current state threatened- and endangered-wildlife list, and implementing rules and permit provisions. Determine whether a state-listed species was present, whether conduct constituted the prohibited take or other statutory harm defined by current law, and whether state authorization applied. Habitat effects alone do not establish a statutory take without the required species and conduct findings. Records and factual questions: Obtain species surveys, state-list status, habitat and nest records, permits, officer reports, photographs, carcass or injury evidence, and the identity of every person who handled, moved, harmed, or authorized work affecting wildlife. Requested agency determination or action: Refer the matter to New Mexico Department of Game and Fish conservation officers; protect listed wildlife and habitat; and require permits, humane response, restoration, or enforcement as the facts warrant. Controlling sources: 1. New Mexico Statutes Chapter 17, Article 2 — complete statutory source https://www.nmonesource.com/nmos/nmsa/en/item/4341/index.do FEDERAL ENVIRONMENTAL AND PROJECT REVIEW 14. Request for federal species-consultation review — Endangered Species Act §7 Potential violation: if a federal agency authorized, funded, or carried out the work and it may affect a listed species or critical habitat, required consultation may have been skipped. Law: 16 U.S.C. §1536. Legal basis and limits: Review Endangered Species Act §7, 16 U.S.C. §1536. If a federal agency authorized, funded, or carried out the action, it must use its authorities to conserve listed species and must consult when the action may affect a listed species or designated critical habitat. The inquiry is procedural and agency-specific; it requires identifying the federal action, listed species, critical habitat, effects, and consultation or biological-opinion record. Records and factual questions: Identify federal funding, permits, approvals, land or project ownership, listed species and critical habitat in the action area, effects to water quality and hydrology, and every informal-consultation, formal-consultation, concurrence, biological-opinion, and incidental-take record. Requested agency determination or action: Refer the matter to the responsible federal action agency and the United States Fish and Wildlife Service; prevent irreversible work where authorized; and complete the required consultation before continuing an action that may affect listed species or critical habitat. Controlling sources: 1. 16 U.S.C. §1536 — complete statutory text https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1536&num=0&edition=prelim 2. United States Fish and Wildlife Service: Southwestern Willow Flycatcher final listing rule https://www.fws.gov/sites/default/files/federal_register_document/95-4531.pdf 15. Rio Grande silvery minnow and critical-habitat impacts — Endangered Species Act §7 Potential federal review issue: agencies should determine whether the site has a hydrologic or discharge relationship to the Middle Rio Grande and whether federal action could affect the endangered Rio Grande silvery minnow or its designated critical habitat. Law: 16 U.S.C. §1536; critical-habitat designation at 68 Fed. Reg. 8088 (Feb. 19, 2003). Legal basis and limits: Review Endangered Species Act §7, 16 U.S.C. §1536, together with the Rio Grande silvery minnow critical-habitat designation at 68 Fed. Reg. 8088 (February 19, 2003). The agencies should determine whether the La Orilla drainage has a hydrologic, discharge, groundwater, sediment, or watershed connection to the Middle Rio Grande and whether any federal action may affect the species or its critical habitat. Records and factual questions: Map the drainage and receiving waters; test for downstream transport of sediment, pollutants, or altered flows; identify federal permits and funding; determine whether designated habitat is within the action area; and obtain the species-effects and consultation record. Requested agency determination or action: Request immediate coordination among the action agency, the Service, water-quality authorities, and watershed managers; protect hydrologic connectivity; and complete Endangered Species Act review before irreversible filling, draining, or discharge continues. Controlling sources: 1. 16 U.S.C. §1536 — complete statutory text https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1536&num=0&edition=prelim 2. Federal Register, 68 Fed. Reg. 8088 — complete rule notice https://www.federalregister.gov/documents/2003/02/19/03-3255/endangered-and-threatened-wildlife-and-plants-designation-of-critical-habitat-for-the-rio-grande 16. Request for federal environmental-review determination — National Environmental Policy Act (National Environmental Policy Act (NEPA)) Potential review failure: if federal funding, a permit, or another federal action is involved, the responsible agency may have failed to complete the required environmental review. Law: 42 U.S.C. §4321 and following sections Legal basis and limits: Review the National Environmental Policy Act, 42 U.S.C. §4321 and following sections, as a procedural federal-agency requirement rather than a stand-alone private-party pollution offense. If a qualifying major federal action, permit, funding, land, project, or retained federal control exists, identify the responsible agency and the agency procedures then in force; review effects, alternatives, connected actions, public involvement, mitigation, and any categorical exclusion, environmental assessment, finding of no significant impact, or environmental impact statement. Records and factual questions: Request the federal nexus, agency records, categorical-exclusion analysis, environmental assessment, public notices, alternatives analysis, mitigation commitments, and any review of wildlife, water quality, hydrology, cultural resources, and connected Rio Grande effects. Requested agency determination or action: Identify the lead federal agency and request completion of the required National Environmental Policy Act (National Environmental Policy Act (NEPA)) process before the agency authorizes or funds additional irreversible work. Controlling sources: 1. 42 U.S.C. Chapter 55 — complete National Environmental Policy Act text https://uscode.house.gov/view.xhtml?path=/prelim@title42/chapter55&edition=prelim 17. Unauthorized alteration of a Corps project — 33 U.S.C. §408 Potential violation only if the affected feature is part of a federally authorized United States Army Corps of Engineers civil-works project and the alteration, occupation, or use was one requiring permission, including because it could injure the project or impair its usefulness. Law: 33 U.S.C. §408. Legal basis and limits: Review 33 U.S.C. §408. If the channel, levee, drain, flood-control work, or connected facility is part of a federally authorized civil-works project, alteration, occupation, or use that injures the project or impairs its usefulness may require permission from the Secretary. The Corps must first identify whether a covered project exists and whether the work altered project function, safety, operation, maintenance, or authorized water management. Records and factual questions: Identify the project authorization, as-built plans, easements, owner and operator, work order, permission application, engineering review, changes to capacity or flow, and any risk to flood-control, drainage, or public safety functions. Requested agency determination or action: Confirm whether §408 applies; require an engineering and safety review before more alteration; and take corrective, restoration, or enforcement action if work occurred without the required permission. Controlling sources: 1. 33 U.S.C. §408 — complete statutory text https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section408&num=0&edition=prelim 2. United States Army Corps of Engineers: Section 408 program https://www.usace.army.mil/Missions/Civil-Works/Section408/ 18. Failure to complete historic-preservation review — NHPA §106 Potential review failure: if the work is a federal undertaking, required review of historic properties, archaeological resources, or tribal interests may have been skipped. Law: 54 U.S.C. §306108. Legal basis and limits: Review National Historic Preservation Act §106, 54 U.S.C. §306108. If a federal undertaking exists, the responsible federal agency must take into account the effect of the undertaking on historic properties and follow the §106 process, including identification, consultation, assessment of adverse effects, and resolution. This is an agency-review issue and requires a federal nexus; it is not automatically a violation by a private landowner. Records and factual questions: Identify federal permits, funding, land, approvals, and the responsible federal agency; define the area of potential effects; determine whether listed or eligible historic properties may be affected; consult the State Historic Preservation Officer and affected tribes where required; survey archaeological resources; and preserve records concerning the drainage, cultural landscape, and tribal interests. Requested agency determination or action: Refer the matter to the federal agency with the nexus and request completion of §106 review before ground-disturbing work continues. Controlling sources: 1. 54 U.S.C. §306108 — complete statutory text https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title54-section306108&num=0&edition=prelim 2. 36 C.F.R. Part 800 — current Section 106 process https://www.ecfr.gov/current/title-36/chapter-VIII/part-800 III. CONSERVATION AND PUBLIC-INFRASTRUCTURE SIGNIFICANCE Albuquerque is an arid environment in which persistent aquatic and riparian habitat is comparatively scarce. An engineered drainage or retention facility can serve flood-control and ecological functions at the same time. The supplied photograph of one beaver, witness material recording at least two beavers and one den, agency-reported turtle and bullfrog handling, and other qualified wildlife reports are relevant to responsible maintenance. The visible floating garbage should be addressed directly. Where feasible and consistent with flood safety, agencies should evaluate trash removal, targeted vegetation and sediment management, wildlife-protective sequencing, beaver-coexistence measures, and less-damaging engineering alternatives. Flood-control obligations and wildlife conservation are not inherently incompatible. IV. REQUIRED FACTUAL DETERMINATIONS BEFORE FURTHER IRREVERSIBLE WORK FIFTEEN THRESHOLD QUESTIONS THAT REQUIRE A WRITTEN ANSWER (15) 1. Who owns, operates, maintains, and controls the site, drainage feature, easements, and connected infrastructure, and who ordered, funded, supervised, and performed the August 2026 work? 2. What was the stated project purpose—trash removal, mosquito or contamination control, maintenance, flood capacity, construction, habitat conversion, or something else—and what written scope, plans, engineering analysis, and long-term maintenance plan support it? 3. What material was placed, where did it originate, how much was used, where and when was it deposited, and did it enter water, wetlands, the channel bed, banks, or a connected conveyance? 4. What are the site’s hydrology, ordinary and extreme flow paths, receiving waters, groundwater relationship, and connections to the Middle Rio Grande, and has a current aquatic-resource delineation or jurisdictional determination been completed? 5. What federal, state, local, flood-control, stormwater, discharge, fill, wildlife, land-use, or construction permits, verifications, notices, approvals, or exemptions were required, obtained, denied, or claimed? 6. If maintenance was claimed, what feature and prior serviceable condition were being maintained, what exact statutory or permit exemption was invoked, and did the work change use, flow, circulation, reach, storage, or aquatic function? 7. Where was pumped or dewatering water sent; what pumps, hoses, outfalls, or conveyances were used; what quantity and duration were involved; and what screening, sediment controls, sampling, monitoring, and lawful discharge authorization applied? 8. What baseline and post-work sampling exists for turbidity, sediment, nutrients, bacteria, algae, fuel, concrete-related pollutants, and other site-specific contaminants? 9. What less damaging trash, mosquito, vegetation, sediment, maintenance, or flood-control alternatives were considered, and what avoidance, minimization, mitigation, restoration, and monitoring commitments were selected? 10. Was there a federal permit, funding source, civil-works project, land interest, retained control, or other federal undertaking or action; if so, which agency was responsible and what Endangered Species Act, National Environmental Policy Act, Section 408, and historic-preservation records exist? 11. Which animals and plants were present, to species where practicable; which were observed, handled, captured, moved, injured, killed, stranded, entrained, buried, or otherwise affected; and what nests, eggs, dens, lodges, dams, young, carcasses, or biological evidence were found? 12. Who conducted each wildlife survey, rescue, capture, transport, rehabilitation, or release; under what qualifications, license, permit, or emergency authority; with what chain of custody, destination approval, veterinary assessment, disease and invasive-species review, and follow-up monitoring? 13. If Tingley Beach or another city location was considered or used, who selected and approved it, what receiving-site and welfare evaluation was performed, and what written City, BioPark, and New Mexico Department of Game and Fish authority exists? 14. Did directly observed evidence show purposeful crushing or another form of serious bodily injury under 18 United States Code §48; who was responsible; what federal jurisdiction and statutory exception analysis was performed; and what evidence supports each element? 15. What immediate and final corrective measures will restore lawful drainage, water quality, habitat, and wildlife protection while preserving necessary public-safety and flood-control functions? V. REQUEST FOR IMMEDIATE ADMINISTRATIVE ACTION TWELVE REQUESTED IMMEDIATE AND CORRECTIVE ACTIONS (12) Please act only within each office’s authority and promptly coordinate or refer the remaining requests: 1. Acknowledge this complaint, assign a tracking number and lead coordinating office, identify every referral, and provide a named contact for the next update. 2. Conduct and document an on-site inspection before further irreversible work, with appropriate water-quality, engineering, aquatic-resource, and wildlife personnel. 3. Maintain or issue a stop-work directive, to the extent legally authorized, against additional filling, grading, bulldozing, vegetation removal, pumping, dewatering, material disposal, and animal capture or relocation until the threshold jurisdictional, permit, and wildlife questions are resolved. 4. Stabilize disturbed soil, contain sediment and pollutants, use lawful and wildlife-protective dewatering, maintain necessary public-safety controls, and remove trash through a method that does not unnecessarily destroy aquatic or riparian habitat. 5. Conduct a qualified species and habitat survey and account, to the extent practicable, for animals observed, handled, relocated, injured, or killed, including animals in water, sediment, banks, vegetation, fill, nests, dens, lodges, and downstream receiving areas. 6. Ensure any rescue, handling, transport, rehabilitation, or release is performed by qualified personnel under applicable authority, with documented welfare assessment, chain of custody, approved destination, disease and invasive-species safeguards, and post-release monitoring. 7. Inspect and sample water, sediment, fill, discharge points, and receiving waters promptly enough to preserve representative conditions and publish the methods, locations, dates, and results. 8. Determine every applicable permit, exemption, consultation, review, and approval before authorizing more work; publish the permit numbers, decision documents, conditions, and responsible agencies. 9. Evaluate less damaging alternatives and a long-term maintenance plan that protects flood capacity and public health while preserving or restoring aquatic and riparian functions where practicable. 10. If unauthorized fill, discharge, take, handling, project alteration, or procedural failure is established, require the responsible corrective action, which may include removal, cleanup, restoration, mitigation, monitoring, permit compliance, or enforcement within the deciding agency’s authority. 11. Preserve physical and electronic evidence and prevent destruction, alteration, or loss of original media, biological evidence, samples, project records, and communications. 12. Provide a coordinated written response addressing each threshold question, the findings and evidentiary basis, responsible parties, completed and planned protective measures, enforcement or corrective action, remaining uncertainty, and the schedule for public updates. VI. EVIDENCE-PRESERVATION AND PUBLIC-RECORDS REQUEST RECORDS AND EVIDENCE PRESERVATION Preserve records from January 1, 2026 through the present, including native electronic files and available metadata. The request covers engineering and hydrology analyses; ownership, easement, and as-built records; contracts, bids, invoices, work orders, schedules, and contractor instructions; permit applications, jurisdictional determinations, exemption claims, notices of intent, pollution-prevention plans, inspections, sampling, discharge and dewatering records; wildlife surveys, capture and relocation records, veterinary or mortality records, destination approvals, and chain of custody; alternatives, mitigation, restoration, and long-term maintenance analyses; photographs, drone imagery, video, geographic data, complaints, public statements, and internal, contractor, and interagency communications. Please suspend routine deletion, preserve originals, produce records electronically on a rolling basis, identify withheld categories and the legal basis, give advance notice before fees exceed $25, and forward this request to the proper custodian if your office does not hold a record. Please specifically preserve historical evidence showing how long standing water, aquatic vegetation, beaver activity, and other wildlife habitat existed before the August 2026 operation. VII. PRIMARY AGENCIES FOR SERVICE PRINCIPAL DELIVERY AND COORDINATION PATHS The contacts below are public delivery paths for the agencies most likely to hold regulatory, wildlife, water-quality, project, local-record, or coordination responsibilities. Their inclusion does not establish jurisdiction. Verify the current official contact before sending and use the issue-specific letters when contacting a recipient with a narrower role. United States Army Corps of Engineers — Albuquerque Regulatory Office General role: Primary enforcement or regulator Email: SPA-RD-NM@usace.army.mil Phone: 505-342-3280 Mailing address: 4101 Jefferson Plaza NE Albuquerque, NM 87109-3435 Official web form: https://rrs.usace.army.mil/rrs/ United States Environmental Protection Agency, Region 6 — National Pollutant Discharge Elimination System Reporting General role: Primary enforcement or regulator Email: R6_NPDES_Reporting@epa.gov Phone: 214-665-2200 Mailing address: United States Environmental Protection Agency, Region 6 1201 Elm Street, Suite 500 Dallas, TX 75270-2102 United States Fish and Wildlife Service — New Mexico Ecological Services General role: Primary enforcement or regulator Email: nmesfo@fws.gov Phone: 505-230-3837 Mailing address: 2105 Osuna Road NE Albuquerque, NM 87113-1001 New Mexico Department of Game and Fish — Wildlife General role: Primary enforcement or regulator Email: ispa@dgf.nm.gov Phone: 505-476-8000 Mailing address: 1 Wildlife Way Santa Fe, NM 87507 New Mexico Environment Department — Surface Water Quality Bureau General role: Primary enforcement or regulator Phone: 505-827-0187 Mailing address: P.O. Box 5469 Santa Fe, NM 87502-5469 Albuquerque Metropolitan Arroyo Flood Control Authority General role: Records, coordination, and referral Email: public@amafca.org Phone: 505-884-2215 Mailing address: 2600 Prospect Avenue NE Albuquerque, NM 87107 City of Albuquerque — 311 / Environmental Health General role: Records, coordination, and referral Phone: 311 Office of the Mayor — City of Albuquerque — Mayor Tim Keller General role: Oversight or elected official Phone: 505-768-3000 Official web form: https://www.cabq.gov/mayor/contact-us/email-the-mayor Bernalillo County Public Works — Stormwater General role: Records, coordination, and referral Phone: 505-848-1503 Middle Rio Grande Conservancy District General role: Records, coordination, and referral Phone: 505-247-0234 Corps service note from the supplied notice: for new Regulatory Program requests, verify the current United States Army Corps of Engineers Regulatory Request System submission instructions before sending. The public Corps portal listed in this app remains the contact path to verify. VIII. CONGRESSIONAL OVERSIGHT REQUEST Copies may be provided to the offices of New Mexico’s United States Senators and the congressional representative for the affected Albuquerque district, with a request for urgent congressional inquiry to the Environmental Protection Agency, the United States Army Corps of Engineers, and the United States Fish and Wildlife Service concerning federal jurisdiction, permitting, federal funding or action, endangered-species implications, and whether destructive work should remain suspended during agency review. Senator Martin Heinrich — New Mexico Office General role: Oversight or elected official Email: casework@heinrich.senate.gov Phone: 505-346-6601 Senator Ben Ray Luján — New Mexico Office General role: Oversight or elected official Email: casework@lujan.senate.gov Phone: 505-346-6601 Representative Melanie Stansbury — New Mexico District 1 General role: Oversight or elected official Email: melanie.stansbury@mail.house.gov Phone: 505-346-6781 IX. EVIDENCE TO ATTACH 1. Original photograph depicting one beaver, plus witness material recording at least two beavers and one den, with dates, location, and metadata preserved. 2. Photographs or video of turtles, frogs, the unidentified snake, or other wildlife, if available. 3. Photographs of standing water, aquatic vegetation, and accumulated floating garbage. 4. Photographs or video showing trucks or heavy equipment depositing soil or fill. 5. Location evidence identifying the water feature directly east of 6440 Coors Boulevard Northwest. 6. Dates and times of observed work and names or contact information of eyewitnesses willing to provide statements. 7. Before-work photographs, video, or historical imagery, if available. SUPPORTING RECORD ORIGINAL SOURCE Facebook post documenting the reported conditions: https://www.facebook.com/100068501006128/posts/pfbid02duMr7XFMQ6pFVAXeDzamX9QgrrFpnfgyJapV1ioL3fddTNKUcvXybWNxtL3CVMANl/?mibextid=wwXIfr Legal memorandum and exhibit guide: https://laorilla.org/La_Orilla_Legal_Complaint_2026-08-26_v1.pdf Exhibits available with the memorandum: A, supplied photograph directly depicting one beaver, supplemented by witness material recording at least two beavers and one den; B, fresh soil and equipment near the channel; C, soil unloading beside the channel; D, floating debris; E, turtles in the channel; F, site entrance. X. CONCLUSION AND REQUESTED DISPOSITION REQUESTED DISPOSITION: Preserve the site and evidence; prevent avoidable wildlife harm; determine jurisdiction and permit status; identify all wildlife and receiving waters; investigate the August 2026 work; and require corrective action and habitat restoration where the law requires it. LEGAL DISCLAIMER AND LIMITS The reported capture and removal of wildlife, together with the absence of an identified completed pre-work species or habitat survey in the public record, do not by themselves prove that any animal was injured or died, that any cited authority applies, or that a violation or crime occurred. The report's accuracy, permit status, and legal significance require official verification and determination. It asks the responsible authorities to preserve evidence, establish the missing jurisdictional and factual predicates, protect wildlife and water while those questions are reviewed, and provide a transparent written determination. Please acknowledge receipt and identify the office responsible for a coordinated response. AUTHORITATIVE SOURCES / LEGAL REFERENCES Clean Water Act §§301, 402, 404 — 33 U.S.C. §§1311, 1342, 1344. Environmental Protection Agency, Overview of Clean Water Act Section 404, including statutory text of §404(f)(1) and §404(f)(2). Environmental Protection Agency, Exemptions to Permit Requirements under Clean Water Act §404, including maintenance—but not construction—of drainage ditches and recapture limitations. 40 C.F.R. Part 230 — §404(b)(1) Guidelines. Environmental Protection Agency, 2022 Construction General Permit, including New Mexico-specific dewatering provisions. Endangered Species Act §§7 and 9 — 16 U.S.C. §§1536, 1538. United States Fish and Wildlife Service, 68 Fed. Reg. 8088 (February 19, 2003), final critical-habitat designation for the Rio Grande silvery minnow. Migratory Bird Treaty Act — 16 U.S.C. §703 and following sections National Environmental Policy Act — 42 U.S.C. §4321 and following sections 33 U.S.C. §408. National Historic Preservation Act §106 — 54 U.S.C. §306108. 18 U.S.C. §48, the 2019 Preventing Animal Cruelty and Torture Act. 19.32.2 NMAC — New Mexico furbearer regulations. 19.35.10 NMAC — New Mexico native amphibian and reptile provisions. New Mexico Wildlife Conservation Act, NMSA 1978 §§17-2-37 through 17-2-46. SUBMITTED BY [Your name] [City], [State] [ZIP] [Your email]
- United States Army Corps of EngineersPrimary enforcement or regulatorAlbuquerque Regulatory OfficeWhat they can do: Determine jurisdiction, review Section 404 permits and exemptions, and review authorized restoration or enforcement.4101 Jefferson Plaza NE Albuquerque, NM 87109-3435United States Environmental Protection Agency, Region 6Primary enforcement or regulatorNational Pollutant Discharge Elimination System ReportingWhat they can do: Review federal discharges and National Pollutant Discharge Elimination System requirements and refer or enforce where authorized.U.S. Environmental Protection Agency, Region 6 1201 Elm Street, Suite 500 Dallas, TX 75270-2102New Mexico Environment DepartmentRecords, coordination, and referralSurface Water Quality BureauWhat they can do: Review state water-quality issues, monitoring, sampling, and state-law compliance; coordinate with federal authorities.P.O. Box 5469 Santa Fe, NM 87502-5469Albuquerque Metropolitan Arroyo Flood Control AuthorityRecords, coordination, and referralWhat they can do: Confirm ownership, preserve records, explain maintenance decisions, inspect work, and disclose sampling and design information.2600 Prospect Avenue NE Albuquerque, NM 87107City of AlbuquerqueRecords, coordination, and referral311 / Environmental HealthWhat they can do: Preserve City records, identify responsible departments, coordinate, and refer to regulators.
- United States Army Corps of EngineersPrimary enforcement or regulatorAlbuquerque Regulatory OfficeWhat they can do: Determine jurisdiction, review Section 404 permits and exemptions, and review authorized restoration or enforcement.4101 Jefferson Plaza NE Albuquerque, NM 87109-3435United States Environmental Protection Agency, Region 6Primary enforcement or regulatorNational Pollutant Discharge Elimination System ReportingWhat they can do: Review federal discharges and National Pollutant Discharge Elimination System requirements and refer or enforce where authorized.U.S. Environmental Protection Agency, Region 6 1201 Elm Street, Suite 500 Dallas, TX 75270-2102New Mexico Environment DepartmentRecords, coordination, and referralSurface Water Quality BureauWhat they can do: Review state water-quality issues, monitoring, sampling, and state-law compliance; coordinate with federal authorities.P.O. Box 5469 Santa Fe, NM 87502-5469Albuquerque Metropolitan Arroyo Flood Control AuthorityRecords, coordination, and referralWhat they can do: Confirm ownership, preserve records, explain maintenance decisions, inspect work, and disclose sampling and design information.2600 Prospect Avenue NE Albuquerque, NM 87107City of AlbuquerqueRecords, coordination, and referral311 / Environmental HealthWhat they can do: Preserve City records, identify responsible departments, coordinate, and refer to regulators.
- United States Army Corps of EngineersPrimary enforcement or regulatorAlbuquerque Regulatory OfficeWhat they can do: Determine jurisdiction, review Section 404 permits and exemptions, and review authorized restoration or enforcement.4101 Jefferson Plaza NE Albuquerque, NM 87109-3435United States Environmental Protection Agency, Region 6Federal oversight, enforcement, and referralNational Pollutant Discharge Elimination System ReportingWhat they can do: Review federal discharges and National Pollutant Discharge Elimination System requirements and refer or enforce where authorized.U.S. Environmental Protection Agency, Region 6 1201 Elm Street, Suite 500 Dallas, TX 75270-2102Albuquerque Metropolitan Arroyo Flood Control AuthorityRecords, coordination, and referralWhat they can do: Confirm ownership, preserve records, explain maintenance decisions, inspect work, and disclose sampling and design information.2600 Prospect Avenue NE Albuquerque, NM 87107City of AlbuquerqueRecords, coordination, and referral311 / Environmental HealthWhat they can do: Preserve City records, identify responsible departments, coordinate, and refer to regulators.
- United States Army Corps of EngineersPrimary enforcement or regulatorAlbuquerque Regulatory OfficeWhat they can do: Determine jurisdiction, review Section 404 permits and exemptions, and review authorized restoration or enforcement.4101 Jefferson Plaza NE Albuquerque, NM 87109-3435United States Environmental Protection Agency, Region 6Federal oversight, enforcement, and referralNational Pollutant Discharge Elimination System ReportingWhat they can do: Review federal discharges and National Pollutant Discharge Elimination System requirements and refer or enforce where authorized.U.S. Environmental Protection Agency, Region 6 1201 Elm Street, Suite 500 Dallas, TX 75270-2102New Mexico Environment DepartmentRecords, coordination, and referralSurface Water Quality BureauWhat they can do: Review state water-quality issues, monitoring, sampling, and state-law compliance; coordinate with federal authorities.P.O. Box 5469 Santa Fe, NM 87502-5469Albuquerque Metropolitan Arroyo Flood Control AuthorityRecords, coordination, and referralWhat they can do: Confirm ownership, preserve records, explain maintenance decisions, inspect work, and disclose sampling and design information.2600 Prospect Avenue NE Albuquerque, NM 87107New Mexico Environmental Law CenterLegal-support referralWhat they can do: Review possible legal issues, provide information, and refer to public authorities; not statutory enforcement.
- United States Environmental Protection Agency, Region 6Primary enforcement or regulatorNational Pollutant Discharge Elimination System ReportingWhat they can do: Review federal discharges and National Pollutant Discharge Elimination System requirements and refer or enforce where authorized.U.S. Environmental Protection Agency, Region 6 1201 Elm Street, Suite 500 Dallas, TX 75270-2102New Mexico Environment DepartmentRecords, coordination, and referralSurface Water Quality BureauWhat they can do: Review state water-quality issues, monitoring, sampling, and state-law compliance; coordinate with federal authorities.P.O. Box 5469 Santa Fe, NM 87502-5469Albuquerque Metropolitan Arroyo Flood Control AuthorityRecords, coordination, and referralWhat they can do: Confirm ownership, preserve records, explain maintenance decisions, inspect work, and disclose sampling and design information.2600 Prospect Avenue NE Albuquerque, NM 87107City of AlbuquerqueRecords, coordination, and referral311 / Environmental HealthWhat they can do: Preserve City records, identify responsible departments, coordinate, and refer to regulators.Bernalillo County Public WorksRecords, coordination, and referralStormwaterWhat they can do: Confirm County ownership or maintenance, preserve records, and refer to the regulator.Middle Rio Grande Conservancy DistrictRecords, coordination, and referralWhat they can do: Confirm infrastructure connections, preserve records, and coordinate with water authorities.
- United States Environmental Protection Agency, Region 6Primary enforcement or regulatorNational Pollutant Discharge Elimination System ReportingWhat they can do: Review federal discharges and National Pollutant Discharge Elimination System requirements and refer or enforce where authorized.U.S. Environmental Protection Agency, Region 6 1201 Elm Street, Suite 500 Dallas, TX 75270-2102New Mexico Environment DepartmentRecords, coordination, and referralSurface Water Quality BureauWhat they can do: Review state water-quality issues, monitoring, sampling, and state-law compliance; coordinate with federal authorities.P.O. Box 5469 Santa Fe, NM 87502-5469City of AlbuquerqueRecords, coordination, and referral311 / Environmental HealthWhat they can do: Preserve City records, identify responsible departments, coordinate, and refer to regulators.Bernalillo County Public WorksRecords, coordination, and referralStormwaterWhat they can do: Confirm County ownership or maintenance, preserve records, and refer to the regulator.Middle Rio Grande Conservancy DistrictRecords, coordination, and referralWhat they can do: Confirm infrastructure connections, preserve records, and coordinate with water authorities.
- New Mexico Environment DepartmentPrimary enforcement or regulatorSurface Water Quality BureauWhat they can do: Review state water-quality issues, monitoring, sampling, and state-law compliance; coordinate with federal authorities.P.O. Box 5469 Santa Fe, NM 87502-5469United States Environmental Protection Agency, Region 6Primary enforcement or regulatorNational Pollutant Discharge Elimination System ReportingWhat they can do: Review federal discharges and National Pollutant Discharge Elimination System requirements and refer or enforce where authorized.U.S. Environmental Protection Agency, Region 6 1201 Elm Street, Suite 500 Dallas, TX 75270-2102Albuquerque Metropolitan Arroyo Flood Control AuthorityRecords, coordination, and referralWhat they can do: Confirm ownership, preserve records, explain maintenance decisions, inspect work, and disclose sampling and design information.2600 Prospect Avenue NE Albuquerque, NM 87107City of AlbuquerqueRecords, coordination, and referral311 / Environmental HealthWhat they can do: Preserve City records, identify responsible departments, coordinate, and refer to regulators.Bernalillo County Public WorksRecords, coordination, and referralStormwaterWhat they can do: Confirm County ownership or maintenance, preserve records, and refer to the regulator.Middle Rio Grande Conservancy DistrictRecords, coordination, and referralWhat they can do: Confirm infrastructure connections, preserve records, and coordinate with water authorities.Office of the GovernorOversight or elected officialConstituent ServicesWhat they can do: Coordinate state agencies and request a public status response; not direct federal or local enforcement.490 Old Santa Fe Trail, Room 400 Santa Fe, NM 87501Office of the Mayor — City of AlbuquerqueOversight or elected officialMayor Tim KellerWhat they can do: Coordinate City departments, request records, and provide an accountable public response; not enforcement by the Mayor’s Office.Sierra Club — Rio Grande ChapterAdvocacy and technical supportWhat they can do: Provide community support and less-damaging alternatives; not statutory enforcement.
- United States Fish and Wildlife ServicePrimary enforcement or regulatorNew Mexico Ecological ServicesWhat they can do: Review listed species and critical habitat and coordinate consultation when a federal action exists.2105 Osuna Road NE Albuquerque, NM 87113-1001New Mexico Department of Game and FishPrimary enforcement or regulatorWildlifeWhat they can do: Identify species, review wildlife handling and relocation authority, and refer or enforce under state law.1 Wildlife Way Santa Fe, NM 87507Wildlife Rescue Incorporated of New MexicoWildlife-care referralWhat they can do: Advise on triage and qualified care, then refer urgent matters to public authorities.Office of the Mayor — City of AlbuquerqueOversight or elected officialMayor Tim KellerWhat they can do: Coordinate City departments, request records, and provide an accountable public response; not enforcement by the Mayor’s Office.
- United States Fish and Wildlife ServicePrimary enforcement or regulatorNew Mexico Ecological ServicesWhat they can do: Review listed species and critical habitat and coordinate consultation when a federal action exists.2105 Osuna Road NE Albuquerque, NM 87113-1001Wildlife Rescue Incorporated of New MexicoWildlife-care referralWhat they can do: Advise on triage and qualified care, then refer urgent matters to public authorities.Audubon SouthwestAdvocacy and technical supportWhat they can do: Review bird-habitat concerns and provide conservation guidance; not statutory enforcement.
- Federal Bureau of InvestigationOfficial criminal referral onlyElectronic Tip FormWhat they can do: Receive directly observed evidence, determine whether federal criminal review is appropriate, and refer outside its jurisdiction.
- New Mexico Department of Game and FishPrimary enforcement or regulatorWildlifeWhat they can do: Identify species, review wildlife handling and relocation authority, and refer or enforce under state law.1 Wildlife Way Santa Fe, NM 87507Office of the Mayor — City of AlbuquerqueOversight or elected officialMayor Tim KellerWhat they can do: Coordinate City departments, request records, and provide an accountable public response; not enforcement by the Mayor’s Office.City of AlbuquerqueRecords, coordination, and referral311 / Environmental HealthWhat they can do: Preserve City records, identify responsible departments, coordinate, and refer to regulators.Wildlife Rescue Incorporated of New MexicoWildlife-care referralWhat they can do: Advise on triage and qualified care, then refer urgent matters to public authorities.Amigos Bravos / New Mexico Beaver ProjectAdvocacy and technical supportWhat they can do: Provide technical habitat guidance, coexistence options, and public support; not statutory enforcement.
- New Mexico Department of Game and FishPrimary enforcement or regulatorWildlifeWhat they can do: Identify species, review wildlife handling and relocation authority, and refer or enforce under state law.1 Wildlife Way Santa Fe, NM 87507United States Fish and Wildlife ServicePrimary enforcement or regulatorNew Mexico Ecological ServicesWhat they can do: Review listed species and critical habitat and coordinate consultation when a federal action exists.2105 Osuna Road NE Albuquerque, NM 87113-1001Wildlife Rescue Incorporated of New MexicoWildlife-care referralWhat they can do: Advise on triage and qualified care, then refer urgent matters to public authorities.People for the Ethical Treatment of AnimalsAnimal-welfare referralReport Cruelty to AnimalsWhat they can do: Receive a welfare report, advise on protection, and refer it; not the legal decision-maker.
- New Mexico Department of Game and FishPrimary enforcement or regulatorWildlifeWhat they can do: Identify species, review wildlife handling and relocation authority, and refer or enforce under state law.1 Wildlife Way Santa Fe, NM 87507United States Fish and Wildlife ServicePrimary enforcement or regulatorNew Mexico Ecological ServicesWhat they can do: Review listed species and critical habitat and coordinate consultation when a federal action exists.2105 Osuna Road NE Albuquerque, NM 87113-1001Office of the GovernorOversight or elected officialConstituent ServicesWhat they can do: Coordinate state agencies and request a public status response; not direct federal or local enforcement.490 Old Santa Fe Trail, Room 400 Santa Fe, NM 87501Office of the Mayor — City of AlbuquerqueOversight or elected officialMayor Tim KellerWhat they can do: Coordinate City departments, request records, and provide an accountable public response; not enforcement by the Mayor’s Office.New Mexico Environmental Law CenterLegal-support referralWhat they can do: Review possible legal issues, provide information, and refer to public authorities; not statutory enforcement.
- United States Army Corps of EngineersPrimary enforcement or regulatorAlbuquerque Regulatory OfficeWhat they can do: Determine jurisdiction, review Section 404 permits and exemptions, and review authorized restoration or enforcement.4101 Jefferson Plaza NE Albuquerque, NM 87109-3435United States Fish and Wildlife ServicePrimary enforcement or regulatorNew Mexico Ecological ServicesWhat they can do: Review listed species and critical habitat and coordinate consultation when a federal action exists.2105 Osuna Road NE Albuquerque, NM 87113-1001Senator Martin HeinrichOversight or elected officialNew Mexico OfficeWhat they can do: Request agency briefings, referrals, and responses; not direct enforcement.Senator Ben Ray LujánOversight or elected officialNew Mexico OfficeWhat they can do: Request agency briefings, referrals, and responses; not direct enforcement.Representative Melanie StansburyOversight or elected officialNew Mexico District 1What they can do: Request agency briefings, referrals, and responses; not direct enforcement.
- United States Fish and Wildlife ServicePrimary enforcement or regulatorNew Mexico Ecological ServicesWhat they can do: Review listed species and critical habitat and coordinate consultation when a federal action exists.2105 Osuna Road NE Albuquerque, NM 87113-1001United States Army Corps of EngineersPrimary enforcement or regulatorAlbuquerque Regulatory OfficeWhat they can do: Determine jurisdiction, review Section 404 permits and exemptions, and review authorized restoration or enforcement.4101 Jefferson Plaza NE Albuquerque, NM 87109-3435United States Environmental Protection Agency, Region 6Records, coordination, and referralNational Pollutant Discharge Elimination System ReportingWhat they can do: Review federal discharges and National Pollutant Discharge Elimination System requirements and refer or enforce where authorized.U.S. Environmental Protection Agency, Region 6 1201 Elm Street, Suite 500 Dallas, TX 75270-2102New Mexico Environment DepartmentRecords, coordination, and referralSurface Water Quality BureauWhat they can do: Review state water-quality issues, monitoring, sampling, and state-law compliance; coordinate with federal authorities.P.O. Box 5469 Santa Fe, NM 87502-5469Albuquerque Metropolitan Arroyo Flood Control AuthorityRecords, coordination, and referralWhat they can do: Confirm ownership, preserve records, explain maintenance decisions, inspect work, and disclose sampling and design information.2600 Prospect Avenue NE Albuquerque, NM 87107Middle Rio Grande Conservancy DistrictRecords, coordination, and referralWhat they can do: Confirm infrastructure connections, preserve records, and coordinate with water authorities.
- United States Army Corps of EngineersPrimary enforcement or regulatorAlbuquerque Regulatory OfficeWhat they can do: Determine jurisdiction, review Section 404 permits and exemptions, and review authorized restoration or enforcement.4101 Jefferson Plaza NE Albuquerque, NM 87109-3435Senator Martin HeinrichOversight or elected officialNew Mexico OfficeWhat they can do: Request agency briefings, referrals, and responses; not direct enforcement.Senator Ben Ray LujánOversight or elected officialNew Mexico OfficeWhat they can do: Request agency briefings, referrals, and responses; not direct enforcement.Representative Melanie StansburyOversight or elected officialNew Mexico District 1What they can do: Request agency briefings, referrals, and responses; not direct enforcement.The White HouseOversight or elected officialOffice of President Donald J. TrumpWhat they can do: Refer a constituent concern to the appropriate federal office and request a response.
- United States Army Corps of EngineersPrimary enforcement or regulatorAlbuquerque Regulatory OfficeWhat they can do: Determine jurisdiction, review Section 404 permits and exemptions, and review authorized restoration or enforcement.4101 Jefferson Plaza NE Albuquerque, NM 87109-3435Albuquerque Metropolitan Arroyo Flood Control AuthorityRecords, coordination, and referralWhat they can do: Confirm ownership, preserve records, explain maintenance decisions, inspect work, and disclose sampling and design information.2600 Prospect Avenue NE Albuquerque, NM 87107City of AlbuquerqueRecords, coordination, and referral311 / Environmental HealthWhat they can do: Preserve City records, identify responsible departments, coordinate, and refer to regulators.Middle Rio Grande Conservancy DistrictRecords, coordination, and referralWhat they can do: Confirm infrastructure connections, preserve records, and coordinate with water authorities.
- United States Army Corps of EngineersPrimary enforcement or regulatorAlbuquerque Regulatory OfficeWhat they can do: Determine jurisdiction, review Section 404 permits and exemptions, and review authorized restoration or enforcement.4101 Jefferson Plaza NE Albuquerque, NM 87109-3435Senator Martin HeinrichOversight or elected officialNew Mexico OfficeWhat they can do: Request agency briefings, referrals, and responses; not direct enforcement.Senator Ben Ray LujánOversight or elected officialNew Mexico OfficeWhat they can do: Request agency briefings, referrals, and responses; not direct enforcement.Representative Melanie StansburyOversight or elected officialNew Mexico District 1What they can do: Request agency briefings, referrals, and responses; not direct enforcement.