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November 2014 New Mexico Farm & Ranch

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™ ® November 2014

Volume 71, No. 10

EPA’s Latest Power Grab

by Dalene Hodnett, Director of Communications and Media Relations “They will have the last word in any project whether it’s commercial, industrial or agricultural in nature. It is completely up to their discretion to approve or deny a project.” Who is they? The bank, the IRS, the Supreme Court? This quote is from Aron Balok, Superintendent of the Pecos Valley Artesian Conservancy District as he discusses the Environmental Protection Agency and their proposed “Waters of the U.S.” rule. Announced by the EPA and the Army Corps of Engineers on March 25th, the 370 page proposed rule seeks to clarify their jurisdictional powers under the Clean Water Act. Rather than clarify, the language in the rule has sown further confusion and ignited a backlash against government overreach from farmers, ranchers, builders, and transportation companies. Currently the EPA has jurisdiction over “Navigable Waters,” waters that could support commercial traffic, interstate waters, all other waters that could affect interstate or foreign commerce, impoundments of waters of the United States, tributaries, the territorial seas, and adjacent wetlands. Enacted in 1972, the objective of the Federal Water Pollution Control Act Amendments, (now known as the Clean Water Act), was to restore and maintain the chemical, physical, and biological integrity of the Nation's waters. The definition of the “the Nation’s waters” became muddied after two Supreme Court cases where it was unclear where EPA jurisdiction began and where it ended. To solve that problem, the EPA proposed rule gives the agency complete control over all natural and artificial tributary streams, lakes, ponds and wetlands that affect the chemical, physical and biological November 2014

integrity of larger, downstream navigable waters. Downstream is a very broad net for the EPA to cast. On their Q&A website they emphasize that “Everyone lives downstream. This means that our communities, our cities, our businesses, our schools, and our farms are all impacted by the pollution and

destruction that happens upstream.” Therefore, the EPA has its sights on every tributary, whether it has water in it year-round or only after a good rain. AFBF notes in their www.ditchtherule. fb.org fact sheet that to: “meet the definition of a tributary, a water need not contribute flow directly to downstream navigable waters. As the definition makes clear, the water may contribute flow directly or may contribute flow to another water or waters which eventually flow into downstream navigable waters. Under the proposed definition of tributary, the upper limit of a tributary is established where the channel begins. Tributaries that are small, flow infrequently, or are a substantial distance from the nearest traditional navigable water (e.g., headwater perennial, intermittent, and ephemeral tributaries) are essential components of the tributary network.” How does the playa on your ranch become a tributary? As written, the rule pre-supposes that all bodies of water have a nexus to downstream, larger, navigable waters. The rule

states that “Adjacent waters and wetlands that are separated from jurisdictional waters by artificial dikes or barriers, natural river berms and beach dunes would be considered jurisdictional under this proposed rule.” “This is where it comes down to who is interpreting the rule,” says Balok. “Our artesian aquifer is a karst formation, meaning that the underground reservoir is a giant honeycomb of soluble bedrock. This leads to high transitivity with the water moving readily from one section to another. The EPA can decide that an alfalfa farmer cannot apply fertilizer to his field since it will seep into the groundwater and may end up in the Rio Grande and then the Gulf of Mexico.” Gary Esslinger, Treasurer-Manager of the Elephant Butte Irrigation District concurs. “Farmers in the Mesilla Valley will be greatly impacted since everything they do has a nexus with the Rio Grande. Regulatory compliance costs will significantly increase the cost of water delivery to farmers, flood protection dams will require permits before you clean out sediment, and private property rights will be affected as more private land is brought under CWA jurisdiction.” EPA claims the opposite, as Gina McCarty, EPA administrator asserts that “Our proposed rule will not add to or expand the scope of waters historically protected under the Clean Water Act. In the end, the increased clarity will save us time, keep money in our pockets, cut red tape, give certainty to business, and help fulfill the Clean Water Act's original promise: to make America's waters fishable and swimmable for all.” Various groups such as Continued on page 4, see “WOTUS” Farm & Ranch Page 1


IDEAS AND ELBOW GREASE

The President’s Column

By Michael S. White, President

Our 96th Annual Meeting Ninety-six years. That’s how long New Mexico Farm & Livestock Bureau members have been coming together for an Annual Meeting. Ninety-six years of setting policy on everything from Rail Transportation for Bulk Commodities to Distance Education Degree Programs. We are grateful to our counties who have forwarded hundreds of resolutions, which through careful consideration, have become grassroots policies. Ninety-six years of informative speakers explaining everything from the latest version of the Farm Bill, to giving us updates from the New Mexico Department of Agriculture, or demonstrating how your voice, in support or opposed to proposed regulations, has made agriculture stronger in New Mexico. Ninety-six years of camaraderie, of watching each other’s children grow, of bad jokes in the hallway during the coffee break. Us, as NMF&LB members, gathering as a family, doing what families do - encouraging, praying, breaking bread and bickering. We look forward to this annual meeting like we look forward to a family reunion. The chance to catch up and enjoy each other’s company is always anticipated. Ninety-six years of growing and supporting programs such as the Women’s Leadership Committee, Collegiate Farm Bureau and the Young Farmers and Ranchers Committee. These initiatives have made a huge impact on us as an organization, recruiting members, advocating for beneficial policy and reaching out into the community. Ninety-six years of leaders, on the county and state level, who have been enthusiastic and engaged. They have donated their time, serving to protect our livelihoods so that we can pass Farm & Ranch Page 2

along our traditions and culture to the next generation. As an organization we have been rooted in our values and although they have been challenged time and time again we remain united as one. Ninety-six years of impressive accomplishments should give us a feeling of pride. Farm Bureau Proud is more than a slogan, it’s a call to action. As we shape and form our future we want you to be an intricate part of where we are going. I cannot promise smooth sailing ahead, but I will promise you this, the more grass-roots engagement we have the bigger the impact we have and together we can all accomplish great things as Farm Bureau. I encourage you to join us this year. Be a part of our 96th Annual Meeting and engage in planning a successful future for New Mexico’s farmers and ranchers. Show up to the ninety-sixth annual meeting and become a part of our history while shaping our future and be FARM BUREAU PROUD!

Join Us at the NMF&LB Annual Meeting on Friday, November 21st to enjoy Ag Comedian Jerry Carroll as he tells hilarious and true farm stories that vaulted him from full-time farmer to full-time comedian. Seating is limited and tickets are $45.00 each.

THE AG AGENDA

By Bob Stallman, President American Farm Bureau Federation -------------------------------------------

Agriculture’s Leading Role in the International Marketplace

Farmers and ranchers have a long history of promoting American strength and goodwill through international trade. Thanks to our ability to satisfy demand here and abroad, U.S. agriculture is one of the few sectors that can boast a positive trade balance, overall shipping out more than we bring back in. The balance could shift, however, if political barriers stand in the way of agricultural trade. Getting Markets Open for Business U.S. agriculture is ready for a boost in activity in the Asia/Pacific region. This area holds great promise, and it makes no sense to limit access to food here or anywhere else. The Trans Pacific Partnership promises to open up trade among the U.S., Australia, Brunei, Canada, Chile, Malaysia, Mexico, New Zealand, Peru, Singapore, Vietnam and Japan. But the real success of TPP negotiations rests on an agreement between the U.S. and Japan, which would require Japan to resolve its long-standing tariff and non-tariff barrier issues. Price restrictions and high tariffs have been the standard for too long, and Japan will have to play on the same terms as other participants for the TPP to work. The European Union is also primed for growth. Last year, U.S. agricultural exports to the EU totaled $11.5 billion compared to $17.3 billion in EU agricultural exports to the U.S. American farmers and ranchers are ready to be competitive here, but the EU system has stubbornly held to guidelines that are based in politics rather than science. Although the U.S. and the EU both follow the safety guidelines set out by the World Trade Organization, the EU tacks on a “precautionary principle,” which allows it to add non-scientific guidelines to risk management. Match November 2014


this with its snail’s pace for approving biotech products, and it is not surprising that we’ve seen a significant drop in corn and soybean exports. For U.S. food products that do make it over to the EU, the use of geographic indications can put some at an unfair disadvantage, limiting their marketability. Standing Firm in Negotiations No trade agreement can be fully successful without the support of agriculture. In September, AFBF’s Trade Advisory Committee met with EU officials in Brussels, where we urged them to remove unnecessary trade barriers once and for all and to move forward with the Transatlantic Trade and Investment Partnership. A free trade agreement between the U.S. and the EU can bring a serious boost to U.S. agriculture, but only if politics are set aside. AFBF also met with several ambassadors and the WTO director-general in Geneva where we affirmed U.S. support for completing the Trade Facilitation Agreement, an accord that would eliminate many antiquated customs procedures that serve no useful purpose. The agreement is currently on hold thanks to India—which originally signed on with all other WTO countries back in December but is now delaying the ratification. U.S. agriculture is ready for ambitious trade negotiations. Hanging onto failed ideas that place certain agricultural sectors at a disadvantage or create special exemptions for developing countries is no way to move forward in today’s marketplace. Waiting for trade negotiations to conclude can feel a bit like watching paint dry, but persistence pays off. A recent agreement between the U.S. and Brazil has resolved Brazil’s complaint to the WTO and ended years of uncertainty for America’s cotton growers. Thanks to the support of the U.S. government, the current structure of commodity programs remains intact. We must continue to hang tough in trade negotiations to keep the marketplace open to the American farmer.

Be informed. Be covered. Be confident in your health insurance.

Now’s the time to talk with your Farm Bureau agent to ensure you have the right health insurance plan in place to meet your needs.

Open Enrollment Period Going on Now! The agents are independent and authorized producers of Blue Cross and Blue Shield of New Mexico, an independent licensee of the Blue Cross and Blue Shield Association. H303-NM (10-14)

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“WOTUS” continued from page 1 the National Wildlife Federation, the National Resources Defense Council, the League of Conservation Voters, and the National Farmers Union all agree with the EPA and applaud the rule. Opposing the rule is AFBF, the National Pork Producers Council, the National Association of Home Builders, the National Association of State Departments of Agriculture, and the National Cattlemen’s Beef Association. Dustin Van Liew, Public Lands Council executive director, has been quoted as saying that “The proposed rule places no limit on the federal government’s authority over water, violating the Clean Water Act as articulated by the Supreme Court, and will eviscerate over a century of settled water law in much of the country.” “So the farm pond you have for irrigation, the drainage ditch at the end of your field, even the dry arroyo on your ranch will be part of the “Waters of the U.S.,’” says Chad Smith, New Mexico Farm & Livestock Bureau CEO. “Every body of water, permanent or not, on public or private land, becomes subject to EPA regulation.” How? Because the EPA considers pesticides, herbicides, fertilizer and even dirt and dust as contaminants and

anything you do that would introduce these pollutants to a body of water that falls under the CWA will require a permit. Nothing can be conveyed into a jurisdictional water by nozzle, shovel or plow, year-round, regardless or whether the area is wet or not. Traditional agricultural practices such as dredging a dirt tank, building a fence across a depression in the land that for two weeks in July becomes a playa, or creating a berm to keep flood waters out of your barn becomes a “permit required activity.” “This proposed rule would dramatically expand the reach of extremely costly federal permitting requirements to cover countless land uses, including ordinary farming and ranching activities - even mowing grass in a ditch,” according to AFBF General Counsel Ellen Steen. The EPA has not provided a framework for permit timetables. There is no deadline on how quickly an agency must process a permit request, it may take months, or years for a decision. However, under the rule, farmers must submit reports on projects that have been permitted. Failure to meet reporting requirements may result in a $37,500 penalty per day, and can be enforced by the EPA, the state, or by activist stakeholders.

Congress has attempted to curtail the approval of the rule by passing HR5078 the “Waters of the U.S. Regulatory Overreach Protection Act.” Introduced by Rep. Southerland (R-FL) on July 11, 2014 and passed on September 9, the act sought to stop the adoption and administration of the rule. It was supported by Rep. Pearce (R-NM), and opposed by Rep Lujan (D-NM) and Rep Lujan Grisham (DNM). Now it is your turn. It is imperative that New Mexico’s farmers and ranchers take action and the commenting period ends November 14th. For commenting guidelines go to www.ditchtherule.fb.org for AFBF’s resource page. From there you can follow the “take action” link to submit your comments through their portal. In order to submit directly to the federal government go to http://www.regulations. gov/#!submitComment;D=EPA-HQOW-2011-0880-0001 to access the regulation website. Alternatively, you can send an original and three copies of your comments to: Water Docket, Environmental Protection Agency, Mail Code 2822T, 1200 Pennsylvania Avenue NW., Washington, DC 20460, Attention: Docket ID No. EPA-HQOW-2011-0880.

The New Mexico Farm & Livestock Bureau Foundation will have their first annual “Fun”raiser at 6:00 p.m. on Thursday, November 20th in Albuquerque. NMAITC - Where your seed money helps us grow ag literacy! “Young people and teachers need Ag in the Classroom. When you can bring dirt - oh I mean soil, to squish between little fingers to talk about where our food and fiber start from, or watch the “beanie babies” become plants, now that’s education that sticks. This program brings resources to teachers that are crosscurricular, challenging and reproducible.” Melinda Jackson, National AITC Award Winning Teacher.

“Best workshop ever...and I have been teaching a long time! The breath of freshness I needed to even think about another year! Can't wait till the next one!” Melissa Roberts, 2014 Workshop on Wheels.

Workshop on Wheels - Class of 2014 For more information contact Traci @ 575. 532.4714, email: agclass@nmflb.org or go to the Events tab at www.nmaitc.org Farm & Ranch Page 4

November 2014


Spotlight on: Rio Arriba County Farm and Livestock Bureau by Donald Martinez, President

Nestled along the Sangre de Cristo Mountains Rio Arriba County believes and maintains this phrase to it’s full potential “Protecting What’s Yours”. Along with county slogans Rio Arriba County Farm and Livestock Bureau strives to be the best voice for agriculture in the county. Over the last decade Rio Arriba County has been very visible at state and national conferences. With changing times Rio Arriba County Farm Bureau made some real adjustments in taking a pro-active stance for New Mexico agriculture. The glue and still today a meaningful resource of Rio Arriba County Farm and Livestock Bureau began with Mr. Pete Fresquez. Mr. Fresquez held the reigns during some trying times. Still today Mr. Fresquez is heard at county activities and remains as a board member. The longevity and the reputation this organization has had is primarily due to his efforts. Today Donald Martinez Jr. and his immediate family picked up the reins from Mr. Fresquez and never looked back. As chairman he rallied the troops and a new vision took place. From attending livestock meetings to walking the isles at our state capital he set the pace for what RACF&LB is today. He also sits on the state board and can always be seen at state functions. He has traveled with his colleagues to many out of state functions. There he never misses the boat to mention that he is from beautiful northern NM and from Rio Arriba County. Many ask where that is and he gently explains in that it is beautiful valleys with two large rivers running through it and with mountains. The two rivers he talks about are the Rio Chama and the famous Rio Grande. On those voyages he is flanked by his beautiful wife Aileen, and his two daughters Belita and Macey. Aileen is the county Farm Bureau secretary and sometimes the sergeant of arms she says. He himself was knee high to a grasshopper when he attended his first FB functions. He is now proud to say that he is a third generation FB member. He often tells fellow state board members that his daughters mark down when the next state meeting and location will be. They are first to jump in the pickup when headed to a state meeting. That is what FB is all about he says. I want my daughters to network and meet other kids with a similar background. Learning from each other is a great experience. He often jokes around saying I will fall back on my chair when I see my girls turn there horses loose and I see them driving a combine for Steve Myrick in Clovis. Currently, Rio Arriba County Farm and Livestock Bureau maintains a strong presence at the county fair and at local school functions. This past year they were one of many sponsors for the Kids, Kows and More program in Chama. They sponsored one young man to the NM Ranch Camp at the Valles Caldera. They were seen volunteering and sponsoring the 4-H Cloverbud Day in Abiquiu and at county fair. Helping the youth is a high priority to them. There is never a meeting without seeing RACF&LB members taking a stance for allotment owners on USFS lands. One member proudly says that on one occasion his forest allotments were in jeopardy and a letter from RACF&LB made a difference in the decision making. This kept him in the cow business. Rio Arriba County consists of the most small and diverse farmers in the state. Crops from kale to sweet peas are visible from the highways and many greenhouses are now a sight to see. RACF&LB is now seeing farmers signing up and joining their organization. We need to include all production agriculture into our organization regardless of operation size he says. I can tell you right now ranchers, fruit growers and small scale farmers need to unite to make our state a good place to live. We all share the water and we all know “agua es vida”, water is life. We can coexist and what better than seeing our water flow through water troughs and farms. “Heck,” Martinez says “a hamburger or lamb burger is nothing without onions and pickles.” Lastly, Rio Arriba County Farm Bureau says our families have endured living in these valleys for over 400 years and we plan to be around for many more. With the help of New Mexico Farm and Livestock Bureau and the friends we meet, we can honestly say life is good in Rio Arriba County! Last year Rio Arriba County won the Top County award at the state annual meeting. Chairman Martinez’s last comment was this wasn’t done solo we have great members and a heck of a county board. Rio Arriba County Farm and Livestock Bureau helped sponsor their county’s 4-H Cloverbud Day and invited New Mexico Ag in the Classroom Director Traci Curry as a speaker, left. Right, Blair Dunn, agriculture attorney, was the speaker for their 2014 Annual Meeting. He addressed Endangered Species litigation and land planning initiatives that affect us all. November 2014

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This section features Sponsors who contributed to our 96th Annual Meeting. We appreciate these businesses as they support our members. Farm & Ranch Page 6

∑∂ G∫V∂ µ∂µB∂RS 6.8 µILLION R∂∫SONS TO CHOOS∂ US L∫ST Y∂∫R. BΩ R∂∫SONS, ∑∂ µ∂∫N DOLL∫RS. Farm Credit of New Mexico has been farmer and rancher owned since 1916. We’ve provided loans, insurance and other financial tools to help generations of New Mexicans succeed. And in turn, we’ve returned $61 million in profits to our members since 2005, including more than $6.8 million in 2013 alone.

Call 1-800-451-5997 or visit www.FarmCreditNM.com November 2014


YOUR RANGE & PASTURE SPECIALISTS.

www.RangeAndPasture.com Trademark of The Dow Chemical Company (“Dow”) or an affiliated company of Dow

®

November 2014

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Thank You to Our Sponsors

The following family farms, ranches and individuals gave a combined donation of $1,100 to host the registration portion of our Annual Meeting.

Thank you so much for your support.

Socorro County Farm Bureau Snake Ranch Farm Stores ™ Richard T. Ritter, CPA Dennis and Margene Harris Mike Hudson - FBFS Dan and Carol Kloss T & M Cattle

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Over 50 years ago land stewards at the local level joined to form the Soil and Water Conservation Districts (SWCDs), under New Mexico State Law, to help them in their stewardship responsibilities. The SWCDs have banded together to form the New Mexico Association of Conservation Districts to help them have a common voice at the state and national level.

NMACD - conserving New Mexico’s natural resources!

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New Mexico Farm & Livestock Bureau 2014 Annual Meeting, November 20-22 Embassy Suites, Albuquerque Thursday, November 20

8:00 am Early Registration 8:00 am Board of Directors Strategic Planning Roadrunner Food Bank 9:00 am Young Farmers & Ranchers Comm. Meeting Roadrunner Food Bank 10:00 Roadrunner Food Bank Volunteer Group 12:00 pm Women’s Leadership Committee Luncheon 1:00 pm WLC Meeting 2:00 pm Year in Review, NMFLB President, Mike White 2:30 pm Farm Bill Updates Xavier Montoya, NRCS Molly Manzanares, FSA State Director 3:15 pm The Price of Regulation Drew Kramer, TriState Generation and Transmission 3:30 pm Land Use Planning, Kim Kostelnik, NMCCD 4:15 pm Beef Council Update, Dina Reitzel, Executive Dir. NM Beef Council 4:30 pm Round 1 Discussion Meet 4:30 pm NMFLB Foundation Board Organizational Meeting 6:00 pm NMFLB Foundation “Fun”raiser

Friday, November 21

8:30 am AFBF Updates, Ellen Steen, AFBF General Counsel and Secretary 9:00 am Silent Auction Begins 9:15 am FSMA, Where We’re at Now, Veronica Nigh, AFBF Economist 9:45 am 2015 Legislative Outlook, Zach Riley and Chad Smith, NMF&LB CEO 10:00 am Bio-diesel Impacts on the Beef Market, Scott Hedderich, Renewable Energy Group Farm & Ranch Page 10

10:45 am ESA and You, Joel Alderete 11:00 am Discussion Meet Finals 12:00 pm Awards Luncheon Sponsored by:

Teacher of the Year Media Person of the Year 2:00 pm County Caucuses 3:00 pm Annual Business Session 4:00 pm Board of Directors Reorganization Meeting 6:30 pm 96th Annual Banquet Sponsored by:

Thank you to these sponsors: Socorro County Farm Bureau Snake Ranch Farm Stores Richard T. Ritter, CPA Dennis and Margene Harris Mike Hudson - FBFS Dan and Carol Kloss T & M Cattle Dairy Producers of New Mexico Otero County Farm Bureau Dairy Farmers of America New Mexico Association of Conservation Districts Dow AgroSciences Dona Ana County Farm Bureau Wells Fargo Hidalgo County Farm Bureau Verizon

Guest Speaker Jerry Carroll Sponsored by:

Recognition of Outgoing & Incoming Board Members Award Winners: Volunteer of the Year Distinguished Service to Agriculture Farm Family of the Year

Saturday, November 22

7:00 am State Board and County Presidents Meeting 8:30 am Adoption of Policy Resolutions Conference audio sponsored by:

Join us for this fun event! NMAITC - where your seed money grows Ag Literacy! $60 person, ages 13-17 - $30, ages 7-12 - $15, Under 6 Free Games, food and entertainment! Don’t Forget! YF&R needs your donation of non-perishable food for the Roadrunner Food Bank as they join Harvest for All to provide for New Mexico families in need. AND Bid early, bid often at the Collegiate Farm Bureau Silent Auction. Starting on Friday at 9:00 am and ending at 6:30 pm November 2014


Here’s to bringing up the sun. Here’s to muddy boots and grease-stained hands. Here’s to caring for this great land.

Here’s to protecting what you live for. We’re proud of our agricultural roots, and proud to be the insurance company so many families rely on to protect them from the unexpected. Here’s to protecting you and all you do.

www.fbfs.com FB09 (4-14)

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NEW MEXICO FARM & LIVESTOCK BUREAU Since 1917 . . . a Leader in New Mexico

ISSN 0028-6192 2220 N. TELSHOR BLVD. • LAS CRUCES, NM 88011 575.532.4700 • FAX: 575.532.4710 PUBLISHER: New Mexico Farm and Livestock Bureau New Mexico Farm & Ranch is published monthly. Yearly subscription is $24.00. New Mexico Farm and Livestock Bureau members receive a complimentary subscription with yearly dues. U.S. Postage PAID, bulk rate, PERMIT #31, Las Cruces, NM 88001. FORWARDING/RETURN POSTAGE GUARANTEED, ADDRESS CORRECTION REQUESTED. OFFICERS Michael White President, Dexter Craig Ogden 1st Vice President, Loving Larry Reagan 2nd Vice President, Ft. Sumner Farm & Ranch Page 12

Chad Smith Chief Executive Officer BOARD OF DIRECTORS Donnie Bidegain, Tucumcari Greg Daviet, Las Cruces Jim Ellett, Hope Duane Frost, Claunch Anita Hand, Datil Leon Hemann, McDonald Brad Houston, Roswell George Jackson, Lordsburg Janet Jarratt, Los Lunas Deena Kinman, Elida Boe Lopez, Springer Danielle Lowry, Albuquerque Donald Martinez, El Rito Steve Myrick, Clovis Tommy Ortiz, Las Vegas Troy Sauble, Maxwell Paula Sichler, San Antonio John Sweetser, Deming Jim Taylor, Albuquerque Tom Wilton, Ft. Sumner John York, Mimbres

REGIONAL DIRECTORS Joel Alderete, Roswell Benjie Segovia, Las Cruces Zach Riley, Albuquerque Valerie Huerta, Santa Cruz Theresa Widner Director of Membership Services Carmen Macias Comptroller Dalene Hodnett Director of Communications and Media Relations Traci Curry Southern Director, Ag in the Classroom Cheryl Butterfield Northern Director, Ag in the Classroom Anita Hand, Chair Women’s Leadership Committee Danielle Lowry, Chair Young Farmer & Rancher Committee November 2014


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