Marcy Britton didn't want to be compared to Erin Brockovich a few months ago.

That's changed now.

Britton, who lives in Albuquerque, is an activist and one of her latest causes has been addressing dying ducks at Chamisa Hills Country Club ponds. The CHCC management has been mandated by the U.S. Fish and Wildlife Service to "implement a management plan to prevent these botulism outbreaks" because the agency determined "the lack of maintenance of the waste water involved and the ponds is exacerbating the situation, causing an environment conducive to botulism." And although she's basically an animal activist, "Justice for Animals, Inc." is her organization, she's more concerned about the possibility of humans being harmed. And because, she said, the state Environment Department hasn't tested the water at the ponds, what, exactly is in that water and what could its effects be when it hits the water table.

Regardless of what killed the ducks; "What's in the water?" she asked.

Maybe it's only botulism

Three more ducks were found dead recently at CHCC, although it is believed those deaths were caused by avian botulism. According to the "Field Manual of Wildlife Diseases," "On a worldwide basis, avian botulism is probably the most important disease of migratory birds."

Britton filed requests through the national Freedom of Information Act to obtain paperwork from the Fish and Wildlife Service of the U.S. Department of the Interior; as well as the New Mexico Department of Game and Fish and the Environment Department.

All three departments seem to indicate in their documents that ducks are dying but none seems willing to test the water. In fact, strychnine showed up in one test in 2006; how it got into the water is unclear. One person surmised it may have been originally used to combat a rodent problem.

The country club is, however, responsible for all aspects of the "lakes," except for the shoreline portions (banks)," residents have been told, and also instructed not to feed the ducks.

The country club gets its reclaimed domestic water from the city, basically pumping it into one pond and, from there, into others. The reclaimed water is held to strict standards but, of course, not approved for drinking or swimming.

Britton's utmost concern is with the Environment Department, which collected water samples on July 3 last year but didn't analyze the samples because two days later the New Mexico Department of Game and Fish "confirmed that the cause of the ducks' death was avian botulism, which is not caused by toxic chemicals, but is a naturally occurring disease."

What if it's more than botulism?

Why not test that sample? How much effort would it have required, and wouldn't it have been a case of erring on the side of caution, possibly reassuring concerned residents - and Britton - that nothing toxic was contained within it?

So her fight isn't with CHCC - after all, they have some responsibilities, but the ponds are water hazards for golfers first, wildlife habitat secondarily, so she wonders why there aren't some state and federal regulatory agencies stepping up to the plate.

Britton just can't understand the reluctance of the Environment Department to resolve this issue. After all, she said, the department studied groundwater contamination at 13 Dona Ana County dairies, and quickly proposed an abatement plan that resulted in new linings for wastewater and/or storm water lagoons in an attempt to protect groundwater.

Some ponds seem fine

Residents at The Islands, a gated community on the east nine of CHCC, have been repeatedly reassured that the water in two ponds near them is safe but not recommended for drinking or swimming in.

"We've had no problems with The Islands," said resident Phil Bush, who's lived there for 20 years.

"Water levels have been maintained. We have fish in there, carp, about this big." he said, holding his hands about two feet apart. There aren't as many coots as we had, but that's good - they're messy. ... We don't feed the ducks; we have pretty strict rules."

Rio Rancho deputy mayor Mike Williams said the city is doing its part to ensure that the water ultimately winding up in the nine ponds at the golf course is safe, and he also wanted to dispel a rumor he'd heard.

"The golf course is not being sold; that's No. 1," said Deputy Mayor Mike Williams.

"No. 2, me, (Sandoval County commissioner Dave) Bency and councilor (Howard) Balmer have been busting our hind ends to put water re-use up in here all the way from the plant at Golf Course and Westside all the way up through Cabezon - it's already plumbed. We're going to go across and cut all the way through the golf course - it's going to take care of the country club - and then cut across High Resort, take care of Pulte, and cut across to the high school," he said. "Believe it or not, the water that's going to come out of that is going to be as good as our drinking water that we have right now, prior to the federal mandate."

"Brockovich" has a sister

Deborah James, another animal activist, shares Britton's concerns and has a stronger interest in the issue: She lives at the Enclave, located on the west course, where she says pond 5 is "the worst one."

James decided to have some water tests conducted independently; she works for the City of Albuquerque and had water checked at the Albuquerque BioPark, which informed her the water contained strychnine. James said

"The City of Vision has been blind to the poison water in the very heart of our community - the only existing golf course in our city -- that has been deemed a migratory path for wildlife, is a place these creatures come to die, not to mention possible water contamination.

"We need an urgent call to action for emergency funds by the state and federal government should be immediately utilized to assist the golf course in clean-up efforts," James said, concerned with what may become of the aquifer. "This is not an issue of private property; this I indeed an issue of public health."

James knows CHCC's ponds weren't built as an enticement for ducks but, she said, "It is a passageway whether they like it or not. Ducks understand water and grass, that's why they go there. (But this) toxic cycle that keeps repeating itself.

"I understand the golf course has some responsibility, but (I don't understand) the nonfeasance by the state in not taking action to clean this up - and there is federal money available for this," she said. "This would never have happened in Albuquerque. Every year, I can't believe this is happening. There's only one golf course in Rio Rancho, it's not like they have 10. There's so much I don't understand about this."

What's next?

Britton has been seeking signatures on a petition to ask the grand jury to investigate "allegations of malfeasance, dereliction of duty, endangerment of public health and safety, endangerment of ground water, endangerment of federally protected migratory birds and collaterally affected wildlife, conspiracy and any other illegal or fraudulent acts occurring in Sandoval County."

She said she's a long way from obtaining enough signatures to make that a reality.

"What if people are getting poisoned?" Britton queried.

"My biggest concern is that the Environment Department hasn't tested the water - that

screams malfeasance and dereliction of duty.

"Ducks were poisoned by strychnine poisoning two years before- - that's reasonable cause to believe strychnine is in the water, which is a major health hazard," she said. "This, to me, is so suspicious."

Britton may have been exaggerating - she hopes so - when she said, "The entire economy of Rio Rancho could collapse. Who's going to buy a house - the water's two miles away and this could (eventually enter the water table)."

It's the smoking gun."

Britton said Gloria Lucero, an assistant attorney general for New Mexico, told her in a letter, that "it appears that both the federal and state agencies involved in this matter have or are attempting to take appropriate action to protect New Mexico's wildlife, ground water and the public health."

And, "It's still being looked into, in the sense we want to make sure the agencies involved are doing something. We're keeping tabs on it," Phil Sisneros said Monday.

Sisneros, who lives in Rio Rancho and has an interest in the future of the aquifer, is the director of communications for the AG's office. "If someone's breaking a law, we want to know about it and we'll follow the trail wherever it takes us."

Monetary impact on the city

Britton may have been exaggerating - she hopes so - when she said, "The entire economy of Rio Rancho could collapse. Who's going to buy a house - the water's two miles away and this could (eventually enter the water table)."

Jack Bonsignore, a resident of the Stonehenge neighborhood near CHCC, echoed those concerns.

"It just seems like no one's taking responsibility or telling us what the solution would be to the problem," he said. "I am aware of the situation. Especially with the market being as bad as it was -- we had our house appraised and it was lower because of the market - and with the golf course, even lower."

A neighbor across the street, he said, had recently dropped the asking price for his on-the-market home from $430,000 to $410,000, although the area is in the midst of a buyer's market.

"Our concern is we hear that it's an environmental issue, we hear that it's a water problem. Our homeowners association is not informing us of anything happening and a solution to it," Bonsignore said. "Who is taking responsibility for this. No one's given us any facts on it whatsoever."

Far-reaching consequences?

"This situation in Chamisa Hills could affect and destroy other wildlife habitats, such as if a duck survived, got a little bit of whatever it is in the water or the botulism, and flew to the Ojito Wilderness and an animal ate it there," Britton said. "This could potentially destroy other wildlife habitats, so it's not just a Rio Rancho problem, this could possibly wreak havoc all over the state - and possibly farther."