Last evening, the Santa Fe County Board of County Commissioners (BCC) adopted the Oil & Gas Element. The Oil & Gas Ordinance will go through more revision and be on the BCC agenda for adoption December 9th. The Ordinance will have to be compatible and consistent with the adopted Element. The revised Oil & Gas Element and Ordinance are posted in the top right panel of the Drilling Santa Fe blog. To track the process, go to Common Ground United and Santa Fe Planning & Growth Management websites.
Some brief notes from the Tuesday BCC meeting:
Dr. Freilich listed three scenarios as legal challenges to county authority:
Some brief notes from the Tuesday BCC meeting:
Dr. Freilich listed three scenarios as legal challenges to county authority:
- State statutes to not allow counties to regulate.
- Implied preemption by occupation of a field.
- Implied preemption by conflict with state statutes.
The lawyer and hydrologist for the Ortiz Mine Grant, Inc. are taking issue with the ordinance. (The Ortiz Mine Grant minerals have been leased to Tecton Energy Operating, LLC for exploratory oil and gas drilling.) They claim that the limited drilling hours amount to a "no drill zone." However, see the Farmington Daily Times article, "Next-door gas drilling upsets residents," which states that Farmington has a city law that allows drilling within 500 feet of a home only during the day." Would Farmington be considered a "no drill zone"?
The same lawyer and hydrologist also have issue with the offsite monitoring wells. They also want to weaken the ordinance for exploratory drilling, also known as "wildcatting." The proposed "wildcatting" of the Galisteo Basin is what has led to the ordinance in the first place. Why adopt an ordinance to protect the fragile ecosystem of the Galisteo Basin and then circumvent it with provisions for wildcatting?
Please watch for an action alert for after the final draft has been posted by the County and consultants. Revisions to the ordinance should strengthen, not weaken.
On December 11th, the Oil Conservation Division (OCD) will conduct a public hearing for the Special Provisions for Santa Fe County and the Galisteo Basin. For tracking, go to Common Ground United. After reviewing the OCD draft, Dr. Freilich said that the County Ordinance is not in conflict with OCD. The two entities may regulate the same field as long as they are not in conflict.
The same lawyer and hydrologist also have issue with the offsite monitoring wells. They also want to weaken the ordinance for exploratory drilling, also known as "wildcatting." The proposed "wildcatting" of the Galisteo Basin is what has led to the ordinance in the first place. Why adopt an ordinance to protect the fragile ecosystem of the Galisteo Basin and then circumvent it with provisions for wildcatting?
Please watch for an action alert for after the final draft has been posted by the County and consultants. Revisions to the ordinance should strengthen, not weaken.
On December 11th, the Oil Conservation Division (OCD) will conduct a public hearing for the Special Provisions for Santa Fe County and the Galisteo Basin. For tracking, go to Common Ground United. After reviewing the OCD draft, Dr. Freilich said that the County Ordinance is not in conflict with OCD. The two entities may regulate the same field as long as they are not in conflict.
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Awesome! Democracy worked! Our County officials, and our Governor, listened to the will of the people and took swift (after a bit of a slow start...) and appropriate action to protect NM Residents and the environment and preserve and protect the Galisteo Basin's rich biological and historical resources! The Oil and Gas Plan/Element and the Ordinance have arrived just in time!
ReplyDeleteSanta Fe County reached out beyond it's own ranks and areas of expertise to bring in experts in land use planning, hydrology and legal resources.
The new ordinance reduces the setback from a residence from a half mile to 750 feet. We cannot let this stand!!
ReplyDeletePotentially having a drill rig within 750 of a home and well is absurd. The distance should be at least 1500 feet...Richard
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