NEWS: Haaland Bill to Protect Public Health, Water, Cultural Resources from Mining in Sandoval County Clears Natural Resources Committee

FOR IMMEDIATE RELEASE

January 15, 2020

Contact: Felicia Salazar, 202.981.1594

 Haaland Bill to Protect Public Health, Water, Cultural Resources from Mining in Sandoval County Clears Natural Resources Committee

Washington, D.C. –Congresswoman Deb Haaland’s (NM-01) bill to protect public health, water, and cultural resources from mining cleared the Natural Resources Committee today. The Buffalo Tract Protection Act address concerns Congresswoman Haaland heard from the Sandoval County community. The bill stops the Bureau of Land Management (BLM) from allowing mining on four parcels of BLM lands, including the Buffalo Tract and the Crest of Montezuma.

>>>WATCH: Congresswoman Deb Haaland Defends Bill to Protect Public Health, Water, Cultural Resources in Sandoval County

“Healthy communities rely on clean air and water, but the mining industry puts those precious resources at risk,” said Congresswoman Deb Haaland. “Today’s passage of the Buffalo Tract Bill in committee brings us one step closer to passing this community-driven effort to protect public health, water, and cultural resources in Sandoval County.”

U.S Senator Martin Heinrich is the lead in on the U.S. Senate version of the bill.

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ES-CA Monthly Press Release–Jan 2020

EASTERN SANDOVAL CITIZENS ASSOCIATION
Jan 2020 Press Release Click on: signpost jan 2020

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ES-CA Monthly Press Release–July 2019

EASTERN SANDOVAL CITIZENS ASSOCIATION
July 2019 Press Release Click on:  Signpost JUL 2019

 

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Oil & Gas–Watchdog Report 9/25 P&Z Commission Meeting

I made it to the 9/25 P&Z commission meeting—and was glad to be a firsthand witness to events, and couldn’t resist adding my 2 cents worth (I stated that the ESCA position was no fracking in the ABQ Basin, we based our support on Don Phillips excellent research on the risks involved, and that therefore the Block proposal did not meet our criteria and both of the CWG proposals did.  I did add a personal comment about the CWG that in my former life, when I wanted one proposal and had multiples presented I would have locked them in a barn, and sent in Pizza until they agreed on one.

Surprisingly (at least to me) the Commission decided the best way to decide what and how many to send forward was to consider (vote on) them individually—and as a result the two they approved were the CWG Science team proposal and the “Baseline” (which I understand to be basically the original Stoddard with a few changes, possibly input by members of the County Commission).  The failure of the CWG Ordinance team proposal (couldn’t even gain a second) caused a major outcry by its supporters who screamed “SHAME, etc” and tried to disrupt the meeting—a lack of civility that I could not support.  It seemed that they fully expected both CWG proposals to be sent up—but a P&Z Commissioner commented (I believe it was to me offline) that missing the deadlines hurt them, as I felt it would and should.  I am thankful that the Science team drove hard to get done what they did (the Ordinance team proposal wasn’t finalized and presented to the P&Z staff until 9/21/18 (and I do not know when staff sent it to the P&Z Commissioners–I would not have wanted to spend time on unfinished drafts if it were me on the Commission)..  The Block proposal was also rejected as we felt should have also been done to the Baseline proposal.

 Subsequent to the above P&Z meeting, I reviewed the comparison (provided on pp 41-42 of the Part 2 posting on the County website http://www.sandovalcountynm.gov/wp-content/uploads/2018/09/OGPublicComments-WkEnding9-28-18-Part-2.pdf ) which was attached to David Craig’s submittal on 9-21 of the Ordinance committee proposal.  I am concerned, as I had expressed to members of both CWG groups, that being divided we substantially increase the possibility that the Baseline proposal will be passed and that would be disastrous for our water supply.  Since only one alternative sent to the County Commissioners meets the ES-CA criteria (no fracking in the ABQ Basin), the Science committee proposal (which in my review is substantively equivalent to the Ordinance committee proposal that the P&Z Commission rejected), we need to get behind it rather than risking splitting support at the County Commissioner level and instead allowing the Springfield proposal (Baseline) to win the day.  If there’s something important that is missing, then let’s work with our Commissioners to see if it can be added.

Dick Ulmer, Chairman, ES-CA Land Use Protection Trust Board

LPT.ES-CA@comcast.net

 

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Watchdog Report: County Commission Oil & Gas Session

Following is my ES-CA “Watchdog” summary of the 7/12/18 joint P&Z Commission and County Commission meeting based on the video of that meeting posted on the County website (and linked to below) and of the meeting agenda and related documents also published by the County:

On 7-12-18, the County Commission and it P&Z Commission met in a joint session to hear from New Mexico Tech (who have released their report funded by the County (CLICK HERE)), from the Citizens Working Group (CWG) that was tasked to draft an oil & gas ordinance, and representatives from the oil and gas industry. The result was a presentation from New Mexico Tech (NMT), two presentations from the CWG (the first a discussion of a draft ordinance done by the CWG “Science Committee” and the second by the “Ordinance Committee” who were not yet able to provide an ordinance draft and instead presented the activities related to preparing to do so), and a presentation by Thrust Energy (representing themselves, not their industry) who desire to explore for oil and gas in the Albuquerque basin area.

The presentation materials all can be viewed (CLICK HERE) and scroll down the page and click on the highlighted links included in item 9 of the 7-12-2018 Agenda. Full video available of the study session: http://sandovalcountynm.swagit.com/play/07122018-789

The subject matter is complex and difficult to summarize objectively—so if one has serious interest, a full review of the above material especially the video of the session is recommended. That said, I will provide some personal observations:

1) A lot of time by the Commissioners and Thrust Energy participants seemed to focus on trying to equate the conclusions of Thrust with those of NMT and rationalize the differences as a lack of data available to NMT that was acquired and used by the Thrust participants (not available due to its proprietary nature and legal restrictions placed on Thrust by the data providers).

2) To me, the most significant differences were in the NMT risk assessment regarding drilling in the fractured geology of the Albuquerque Basin that they had listed as moderate to high risk, while the Thrust PhD’s argued that our drinking water was sealed off from the much lower drilling area by intervening shale formations and therefore not vulnerable. While consistent with most researchers with whom I’ve dealt, the NMT team said that more data would provide more certain results, I never heard them agree to change their risk assessment from that currently in their report.

3) In the Q&A session between the Commissions and the presenters at the end, I found the comments from Bill Brown of the CWG Science Committee most compelling, even though both Commissioner Chapman and Block for some reason tried to question the credibility of both Brown and Peter Adang (in my estimation, Peter has a great background for this task and represents a valuable resource doing an excellent job in drafting legislative language as necessary for this important ordinance to minimize ambiguity and maximize enforceability).

4) In the discussions related to their challenge of the risk, Thrust repeatedly pointed to the reduced surface footprint (all agreed that more surface drill holes equal greater risk to surface water contamination—and horizontal drilling practices significantly reduce such holes per section). However, Mr. Brown, reminded all that a single drill hole connects to multiple horizonal drilling that Thrust had stated could extend for a mile or two in every direction like “spokes on a wheel” [my paraphrase-DU]. Further, each of these spokes would be forcing fracking fluids under extreme pressure through the highly fractured geology of the Albuquerque basin—a type of geology not found elsewhere in the US. And at the same time, due to the dropping water levels in this area due to the use by our population, our wells will have to drill deeper coming even closer to the potential contamination area of the horizontal drilling.

5) Finally, as P&Z Director Springfield summarized the steps forward, there were exchanges between Chapman and Springfield concerning the limitations (“pre-emptive issues”) to what the County could address without conflicting with the NM Oil Conservation Division (OCD) authority—which led Chapman to remark that all the work being done by the CWG might come to naught and that they might not be able to enact anything different than the “Stoddard” ordinance that was rejected end of last year. I couldn’t help but think about the Commission’s willingness to go against the state in enacting “right to work” legislation at the County level even though they were being told by none less that the State’s Attorney General that was the State’s responsibility. Given that it is unlikely that the Commission will deal with an issue of higher priority than protecting the water that sustains the citizens and economy of the Rio Grande valley, we can only hope that the Commission is equally ready to fight for our rights in this case.

Dick Ulmer, Chairman, ES-CA Land Use Protection Trust Board

LPT.ES-CA@comcast.net

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Watchdog Report: Oil & Gas Ordinance–Citizens Working Group status

Following is an ES-CA “Watchdog” summary from my attendance of the 6/26/18 P&Z meeting.  This is the report on the second of two items that were on the agenda of interest to ES-CA and the LPT:

  1. Update by the Citizens Working Group on the status of an Ordinance dealing with Oil and Gas production in Sandoval County. It was clear that the marching orders from the County Commission to the P&Z staff and the P&Z Commissioners were not understood as there were several conflicting versions being discussed.  In any case, at this meeting there were two status reports presented which, at the request of the chair, were intended to focus on the plan for completion by the date of a requested presentation to both the County and P&Z Commissions (to be available for publication on July 5th to give participants review time prior to the July 12th meeting) rather than details on ordinance content:
    1. The first report was given by John Arango, former P&Z chairman, who is a member of the Citizens Working Group and has been working with Peter Adang and others to draft the ordinance.   John reported that their proposal separates the County into 3 parts based on the geological differences: that in the NW part of the state currently being a significant oil & gas producer (more than 400 current wells), the area served by the Albuquerque Basin, and the rest of the County (ROC) in between.  He also stated that in the Albuquerque Basin area, they intended to ban “unconventional” drilling (horizontal).  John reported that the group he was with would have an ordinance ready for review by the 12th.
    2. The second presentation was made by David Craig and Randy Erickson.  They gave no content and most of the discussion revolved around the completion status, as they indicated they would be able to present the planned content at the 12th but would not have a completed.  They asserted that their efforts were taking longer because they were complying with the County Commission’s desire that the effort be inclusive (e.g. of tribal and community interests—though P&Z Commissioner Maduena stated that they had failed to include representation from the San Antonio de Las Huertas land grant).  The implication was that the other team had failed to achieve this inclusiveness and had chosen to meet deadlines instead—but I did not hear a statement on this from the first group.  Mr. Erickson did say that he felt it would be a good thing that the staff and commissioners will have two independently derived proposed ordinances to consider.
  2. At the upcoming 7/12 meeting (announced on Nextdoor by a posting on 6/29 by Sandoval County Public Information Officer Melissa Perez), is being set as a joint “study session” for both Commissions with participating groups including: New Mexico Tech, the Citizens Working Group, the Citizens Working Group Science Committee and the New Mexico Oil and Gas Industry.  The public will be invited to attend but no public comment will be permitted.

Dick Ulmer, Chairman, ES-CA Land Use Protection Trust Board

LPT.ES-CA@comcast.net

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Watchdog Report: Request for B&B Zoning permit in HOA area

Following is an ES-CA “Watchdog” summary from my attendance of the 6/26/18 P&Z meeting.  The following is the report on the first of two items that were on the agenda and of interest to ES-CA and the LPT:

  1. CU-18-001 Request by Daniel Vigil for a Conditional Use Permit in order to establish appropriate zoning for a Bed and Breakfast use on subject property in the Anasazi Trails development.  The entire Anasazi HOA Board attended the subject hearing along with several of our other members, and I wanted to provide the rest of you a brief status update on the P&Z activity regarding the request of one of its members for a “Conditional Use” of his property in order to operate a Bed & Breakfast.  Any who are interested in the details, to review the video of the session on the County website:

http://sandovalcountynm.swagit.com/play/06262018-1154

There was a noticeable shift in the positions taken by the new County Attorney (“CA”) from those of the prior interim CA, in that the new CA seemed in agreement with the HOA’s interpretation (of section 5 of the P&Z Ordinance) that “Whenever any provisions of this Ordinance are more or less restrictive than other laws, covenants, or ordinances, then whichever is more restrictive shall govern.” (contrasted with the prior CA who had chosen to ignore that and was advising the Commission that they did not have to consider the HOA CCRs, even though they had been approved by the County as part of the subdivision authorization).  County staff was now recommending that the Commission “deny the request” until the requestor’s issue was resolved with the HOA—a position the HOA indicated they were willing to support.

Mr. Vigil, the property owner, presented his case and responded to questions from the Commission members, followed by Stephanie Landry, the HOA’s law firm’s litigator and myself (the HOA’s President) to provide the HOA Board’s position.  The Commission seemed to accept the advice from the current CA that they needed to consider our CCRs, but unfortunately (my opinion) that seemed to take them in the direction that instead of leaving the issue to be resolved at the HOA level—that they now needed (along with County staff) to review the CCRs and legal filings of our attorney.  The concern is that by setting this precedent, the Commission could be opening itself to having to review and act based on the covenants of every planned subdivision in the County, rather than leaving enforcement of the CCRs to the HOAs (and the courts if the HOA and other involved parties can’t agree which is the remedy identified under our covenants).  Nonetheless, all of the requested material we had provided to the County including an update from our lawyer to the new CA the week before this hearing, and we will provide again such that we leave no question but that the use requested by Mr. Vigil is not permitted by our more restrictive covenants.

At the conclusion, the Commission asked me if our HOA Board would reach out again to Mr Vigil and offer him the opportunity to discuss this matter directly with the board, which I agreed that we would do (we had made this offer initially when we sent the notice of violation).  Then the Commission voted to table this request for 2 months (August 28 meeting) to give staff and the Commissioners sufficient time to review the specific documentation related to this case.

Dick Ulmer, Chairman, ES-CA Land Use Protection Trust Board

LPT.ES-CA@comcast.net

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ES-CA AGENDA–11 JUN 2018

EASTERN SANDOVAL CITIZENS ASSOCIATION

BOARD MEETING AGENDA

11 JUN 2018

6:00 PM

Placitas Community Library, HWY 165

 

  1. CALL TO ORDER
  2. ROLL CALL
  3. ACCEPTANCE OF MINUTES
  4. INTRODUCTION OF GUESTS
    1.  Oil and Gas Ordinance update, 5 Minutes
    2. Pipeline update, 5 Minutes
    3. Community Issues, 5 minutes
  5. MONTHLY REPORT –ISSUES – UPDATES
    1. Treasurer’s Report – Susan
    2. Membership Chair & HOA Coalition Report – Diane
    3. IT Report – Jim
    4. BLM Recreation – Richard
    5. Political/Communication Report – Chris
    6. LPT Report– Dick
  6. OLD BUSINESS
    1. Office Guidelines and Policy for ESCA – Richard & George
    2. Internal Audit waiting on report – Susan
    3. Inaccurate Fracking AD on TV – Board
    4. Annual Candidate Forum details – Board
  7.  NEW BUSINESS
    1. Action on Crime in Placitas – Board
    2. Food & Water Action New Mexico
  8. OPEN DISCUSSION
    1. What was in the storage closet?
    2. The Official ESCA sign in sheet
  9. NEXT MEETING —Jul 9th, 2018, at the PLACITAS COMMUNITY LIBRARY, AT 6:00 PM
  10. ADJOURNMENT
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ES-CA May Press Release

Peter Adang, who is a member of the Sandoval County Planning and Zoning Commission, and a member of the Citizens’ Working Group(CWG) that is drafting an oil & gas drilling ordinance, addressed ES-CA at its board meeting of May 7.  Mr. Adang distributed a summary report on the status of the CWG and its progress on the draft ordinance (report is available at the ES-CA website – www.es-ca.org).

Randy Erickson, who is also a volunteer community member of a working group appointed by the CWG, addressed ES-CA as well and his report is also available on the ES-CA website.

Currently, two separate ordinances are being drafted.  One would divide the County into three sections:  1) the San Juan basin area being the least restrictive one in which to drill; 2) the area between the San Juan basin and the Albuquerque basin, a transition area, would be more restrictive; and, 3) the third area would be the Albuquerque basin, where it would be the most restrictive with no fracking.

The other draft ordinance would not divide the County into sections and is being based upon the original “Citizens Ordinance” that was developed last year.

The CWG is supposed to have a final draft ordinance prepared and submitted to the Sandoval County Planning and Zoning Commission (P&Z) later this summer.  The P&Z will then review that ordinance and vote to recommend it to the County Commission or make changes and then recommend to the County Commission.

Please note that all CWG meetings are open to the public.

Another presentation was made by Elaine Cimino, who is a member of the Common Ground Community Trust.  This organization is working to insure pipeline safety throughout the region and State.  Not only is the concern with existing pipelines, but also with new proposed pipelines.  They are working to develop plans to prevent spills and plans to provide mitigation and safety.

Our State and Federal officials have been involved in this process and several meetings have already occurred.

The next ESCA meeting will be on Monday, June 11th (please note the change from the first Monday to the second for this month), beginning at 6pm, and will be at the Placitas Community Library on Rt.  165.  All residents are welcome to attend.

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ES-CA April Press Release

The Sandoval County Commission voted to create a Citizens Group to draft an “Aquifer Source Water Protection and Oil & Gas Ordinance” for the County. ES-CA presented its position at the meeting supporting the creation of the group and specifically calling for the ordinance to be presented directly to the County Commission. However, the Commission voted to have the draft ordinance presented to the Planning and Zoning Commission for its review before going to the County Commission. ES-CA’s position paper will be posted on our website (es-ca.org) by April 4th.

The fact that a “Citizens Working Group” was even created is a victory for the citizens of Sandoval County and shows that our voices can be heard. However, this is only the beginning. The Federal and State governments have been lessening their requirements on the regulation of the oil & gas industry and we must insure that the ordinance provides all the protections necessary for the health and safety of all residents as well as protecting our water.

ES-CA will continue to monitor this issue and work with the Citizens Group and our elected and appointed officials to help craft the most comprehensive ordinance possible. ES-CA calls on all residents to keep informed on this issue as it is one of the most important issues for all of us.

Concerning the future use of the Bureau of Land Management (BLM) area to the north, it is ES-CA’s understanding that there will be no new Resource Management Plan issued in the near future. This means that BLM is free to lease any of this land under the current Plan, which does allow for mineral extraction, including sand and gravel mining.

ES-CA, along with Las Placitas Association and other organizations, is maintaining close contact with BLM and is continuing to express our opposition to any further mining on this land. Again, we ask that all citizens keep a close watch on this issue, which can also have negative effects on our water and our health and safety.

Our next meeting will be on Monday, April 2, beginning at 6pm, and will be at our new location – the Placitas Community Library on Rt. 165. All residents are welcome to attend.

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