Thursday, February 26, 2009

Disturbing the Pieces

Disturbing the Pieces

Santa Fe Reporter

Is New Mexico doing all it can to protect its ancient history?

By: Laura Paskus 02/25/2009

"But not everyone believes the State Land Office is properly overseeing the thousands of archaeological resources on state lands. As a result, archaeologists say, history is being lost.

Under New Mexico law, sites on state lands are not afforded the same protections as those on lands owned by federal agencies such as the US Bureau of Land Management, National Forest Service or National Park Service. A bill before the state Legislature, if passed, would create more stringent oversight regardless of jurisdiction.

Critics say the State Land Office is in particular need of such oversight.

While Land Commissioner Pat Lyons maintains there is no destruction of archaeological sites, of the estimated 250,000 such sites on state lands (according to the State Land Office’s Web site), fewer than 5,000 have been identified and documented.
Furthermore, the State Land Office does not require its leasees to survey for cultural resources before breaking ground on projects. As a result, New Mexico Archeological Council President Deni Seymour writes in an e-mail to SFR:

“Many important archaeological sites are damaged or destroyed, without being recorded or studied.” She adds: “It is sad and it is surprising that a state agency does not see the discovery and protection of cultural resources as part of its obligation and fiduciary responsibility.” ' More>>>>

Tuesday, February 24, 2009

Senate Bill 361 "tabled" by the Senate Conservation Committee

Although there was much support for Senate Bill 361, the Senate Conservation Committee tabled it.

Sunday, February 22, 2009

Deep Water Miners Rush To File

By Sean Olson
Journal Staff Writer / Albuquerque Journal North

"Some 16 companies and governments have laid claim to a sea of water under New Mexico big enough to serve a city four times the size of Albuquerque — and they may escape virtually all government regulation.

The water is in deep, brackish aquifers that are not regulated under current law.

A bill that would give the State Engineer's Office regulatory authority over wells more than 2,500 feet deep has cleared the state House of Representatives. But even if it passes the Senate, groups that have already filed notifications would be subject to only minimal oversight.

"We've been concerned for the past two years. We've been hoping there wouldn't be a run in notifications," State Engineer John D'Antonio said last week.

The notifications that have poured in since October have more than doubled the claimed unregulated water, bringing the total to 400,300 acre feet a year, according to State Engineer's Office records. That is enough to serve a city four times the size of Albuquerque.

Claims to more than 167,000 acre feet were filed in January alone...."

"...Seven of the nine limited liability companies that have filed claims appear to be formed by the same group. All seven were organized by Michelle Henrie and share an Albuquerque address on Third Street NW, according to state Public Regulation Commission records. Each company notified the state engineer it would drill for 15,000 acre feet per year for a total of 105,000 acre feet. In each case, the principal address for the seven companies is listed only as "out of state" in PRC online records.

Henrie, an attorney, said in an e-mail last week that she was not authorized to comment on the companies.

The other two companies that filed notifications in January did not have listings in the PRC's online database...."


"Deep Well Applications
In October:
• Westland Devco LP filed for 15,000 acre-feet a year in Bernalillo County.
In November:
• King Brothers Ranch filed for 25,000 acre-feet in Sandoval County.
In December:
• L Bar Energy LLC filed for 10,000 acre-feet in Sandoval County.
• Diamond Tail Limited filed for 100 acre-feet in Sandoval County.
• The city of Las Cruces filed for 5,000 acre-feet in Doña Ana County.
In January:
• Sandoval County filed for 32,000 acre-feet.
• Atrisco Oil & Gas LLC filed 15,000 acre feet in Bernalillo County.
• Sweetwater Rising LLC filed for 15,000 acre feet in Otero County.
• Down Low LLC filed for 15,000 acre feet in Otero County.
• Harmony Well Inc. filed for 15,000 acre feet in Santa Fe County.
• Phoenix & Avriel LLC filed for 15,000 acre feet in Santa Fe County.
• Eldorado Mines LLC filed for 15,000 acre feet in Santa Fe County.
• San Juan Peaks LLC filed for 15,000 acre feet in Santa Fe County.
• Monument Valley LLC filed for 15,000 acre feet in Santa Fe County.
• Grounded & Polite LLC filed for 15,000 acre feet each in Santa Fe and Bernalillo counties." More (subscription required)>>>>

Saturday, February 21, 2009

Senate Bill 361

Senate Bill 361 sponsored by Senator Peter Wirth is scheduled for its first hearing in the Senate Conservation Committee on Tuesday afternoon, February 24th, 1:30pm, Room 311, Roundhouse.


This bill addresses and broadens the Oil Conservation Division (OCD) jurisdiction and authorizes civil and criminal penalties. It is a "Governor's bill" meaning it is a legislative initiative of the Richardson administration. This will be a very tough committee. We need your support. Please attend the meeting if you can. Also, please contact the members of the Senate Conservation Committee listed in the link below and tell them you support Senate Bill 361.


Senate Conservation Committee:

http://www.drillingsantafe.info/senate%20conservation%20committee.pdf


Direct link to SB 361:

http://www.nmlegis.gov/Sessions/09%20Regular/bills/senate/SB0361.pdf

New Mexico Legislature link to SB 361:

http://www.nmlegis.gov/lcs/_session.aspx?Chamber=S&LegType=B&LegNo=361&year=09

Link to Senate Committee hearings schedule:

http://www.nmlegis.gov/lcs/fileExists/sessionAgeCalendar/sSched.pdf


Link to Senate Conservation Committee:

http://www.nmlegis.gov/lcs/committeedisplay.aspx?CommitteeCode=SCONC


Common Ground Roundhouse 2009:

http://www.commongroundunited.org/index.php?option=com_content&task=view&id=679&Itemid=43


Drilling Santa Fe:

http://drillingsantafe.blogspot.com/

Thursday, February 19, 2009

Panel Democrats OK Mineral Rights Bill





By Journal Staff Report

"A bill that would give landowners a chance to purchase the mineral rights beneath their property in order to forestall oil and gas drilling passed its first committee hurdle Wednesday.

House Bill 219, sponsored by state Rep. Brian Egolf, D-Santa Fe, got a do-pass recommendation from the House Energy and Natural Resources Committee by a vote of 7-0. None of the five Republican members of the committee showed up to consider the bill, according to Egolf.

"This was a major hurdle that we cleared," Egolf said. He said the committee's GOP membership "boycotted" Wednesday's meeting in an effort to prevent a vote, which requires a seven-member quorum of the 13-member committee, and keep the bill bottled up.

Calls to two Republican members of the committee seeking comment weren't returned. The bill now goes to the House Judiciary Committee." More (subscription required) >>>>

Wednesday, February 18, 2009

House Bill 219 Passes

House Bill 219 passed the House Energy and Natural Resources Committee and is now sent to the House Judiciary Committee.

Tuesday, February 17, 2009

New Mexico needs a less volatile energy policy

oil-drilling-imageAs New Mexico debates regulations and revenue related to the oil and natural gas industry, conflicting assertions have resulted in a confusing jumble of claims and counter-claims. But by examining the broader context of fossil fuel energy development in the state, policy options that meet important goals for New Mexico become clear.


Regulations and tax policy should at a minimum have three goals: protect the health and safety of citizens and the environment; sustain the oil and natural gas industry as a productive part of New Mexico’s economy; and provide revenue to help the state to pay for essential services.


Right now, the state is more successfully doing the first two things while struggling with revenue and spending decisions that affect basic government services.


There is little disagreement that the state should provide for the health and safety of its citizens and protect the environment. Nor is there much disagreement that preventative approaches like strong pit rule standards are a more effective way to do this than remediating damage caused by chemicals and other drilling substances to soil and water.


Put another way, the cost of industry compliance with the state’s pit rule is a good value for taxpayers.


But will such regulations push industry from the state? The answer is no." More>>>>


House Bill 219 Delayed, Again

The vote on House Bill has been delayed, again. Following is the information for the vote on House Bill 219:

ENERGY AND NATURAL RESOURCES COMMITTEE - JAMES ROGER MADALENA, CHAIRMAN
Wednesday, February 18, 2009 - 8:30 a.m. - Room 315
HB 219 FREE MARKET ENERGY RESTORATION ACT (EGOLF)
HJR 7 MCKINLEY COUNTY SURPLUS LAND DISPOSAL (LUNDSTROM)
*HB 467 AQUATIC INVASIVE SPECIES CONTROL (TRIPP)
HJM 3 WATER CABINET ENVIRONMENTAL FLOW ASSESSMENT (STEWART)
HB 479 REDUCE EXPOSURE TO MERCURY (STEWART)
HJM 16 ESTABLISH PECOS CANYON STATE PARK (VARELA)

http://www.nmlegis.gov/lcs/fileExists/sessionAgeCalendar/hSched.pdf

Friday, February 13, 2009

House Bill 219 Vote Delayed

House Bill 219 was tabled, then put back on the table today. It is on the agenda for Monday, February 16th for a vote. Please check the Drilling Santa Fe and Common Ground United sites for Roundhouse 2009 updates for this bill and other bills.

ENERGY AND NATURAL RESOURCES COMMITTEE - JAMES ROGER MADALENA, CHAIRMAN
Monday, February 16, 2009 - 8:30 a.m. - Room 315
HB 219 FREE MARKET ENERGY RESTORATION ACT (EGOLF)

Thursday, February 12, 2009

Bill Would Let Landowners Buy Mineral Rights

By Raam Wong
Journal Staff Writer / Albuquerque Journal North

"Not everyone can be fashion designer Tom Ford.
That was one argument made by opponents of a state House bill that would give landowners a chance to purchase the mineral rights beneath their property in order to forestall oil and gas drilling.

Ford did just that in 2007, paying $84,000 to buy the lease on more than 1,400 acres to protect his Galisteo ranch from energy development. But not everyone has that kind of dough, critics said.

"I would certainly not have the money to buy the mineral rights," said Rep. Paul Bandy, an Aztec Republican and member of the Energy and Natural Resources Committee, which considered the bill Wednesday.

Rep. Brian Egolf, D-Santa Fe, said his bill was meant to put surface owners on a more equal footing with oil and gas operators. No action was taken on the measure Wednesday.

Egolf said many landowners don't know that they live on split estates, in which the minerals that lie beneath their properties are owned by someone else. Such was the case in the Galisteo Basin south of Santa Fe in 2007, when a Houston-based company purchased mineral rights and announced exploratory plans, and many homeowners were surprised to learn drilling could take place without their permission.

Under Egolf's bill, operators would have to inform surface owners of their intent to lease mineral rights. Surface owners would then be given at least 30 days to try to negotiate a purchase of the mineral rights, if they're so inclined.

"We will give surface owners the opportunity to have a say ... over what happens on their property," Egolf said.

The freshman lawmaker believes many mineral owners may jump at the chance to receive an upfront payment for their holdings, instead of waiting for royalty checks to trickle in over many years." More (subscription required)>>>>

Oil-and-gas rights ignite House debate

Firm confirms end to drilling plans for Galisteo Basin

"Members of the House Energy and Natural Resources Committee debated a bill Wednesday that would increase the rights of surface owners in cases of split estate.

Split estate occurs when the surface of the land and the minerals underneath are owned by different parties.

The discussion of House Bill 219 drew a standing-room only crowd — but members of the committee were called to the floor of the House before the bill could be put to a vote. It will be considered again Friday.

It's one of the most contentious issues in the extraction of oil and gas — one that flared recently in Santa Fe County before an energy company backed off plans to drill in the Galisteo Basin.

Information about the ownership of mineral rights can be hard to find. Surface rights owners often don't learn until just before production starts that someone else has the right to drill on their property.

The legislation would require oil-and-gas producers to notify surface owners 30 days before signing a lease with mineral-rights owners. It would also require that surface owners be told the identity of the mineral owner and be given time to try to negotiate their own lease or purchase of the rights under their property.

The bill's sponsor, Rep. Brian Egolf, D-Santa Fe, said he introduced the bill in response to the oil-and-gas industry's recent interest in Santa Fe County and other parts of Northern New Mexico.

"I saw the issues arising especially in Mora and Rio Arriba counties, where people were caught completely unaware," Egolf said." More>>>>

Wednesday, February 11, 2009

House Bill 219 Vote

Although House Bill 219 was heard today, the hearing of it will continue on Friday, February 13th; then, the House Energy and Natural Resources Committee will vote on it. Please keep an eye out for an action alert via email.

Oil company no longer wants to drill in basin

chron.com / AP Texas News

By nmaljtk © 2009 The Associated Press

Feb. 11, 2009, 12:48PM

"SANTA FE, N.M. — A Houston-based oil and gas company is no longer planning to drill in the Galisteo Basin, citing the national economy and toughened state and county drilling regulations.

Tecton Energy chief executive Bill Dirks said Tuesday the company is selling its mineral leases "if we get a buyer."

The decision was welcomed by drilling opponents. Johnny Micou of Drilling Santa Fe said Tecton never should have entered the basin because the limited resources didn't justify the company's plans.

Tecton was met by a groundswell of opposition when it announced plans in 2007 to explore within the Galisteo Basin, where little oil and gas had been found before. The area is southeast of Santa Fe.

The Santa Fe County Commission responded by passing one of the nation's toughest drilling laws, while the state Oil Conservation Division is also working on special rules meant to protect the basin.

"It's virtually impossible to permit a well in there right now," Dirks said.

He said if drilling rules were firmed up in the near future, he'd still like to explore but that seems unlikely. With investors seeking to recover money in Tecton projects across the country, the company wants to cut its losses.

Earlier attempts to turn a profit in the Galisteo Basin were hampered by a sour economy during the 1980s. The basin produced a modest amount of oil but interest went away when prices collapsed." Article>>>>


Galisteo Drilling Plans Dropped



Albuquerque Journal North

By Raam Wong
Journal Staff Writer

"A Houston-based oil and gas company is no longer pursuing plans to drill in the Galisteo Basin southeast of Santa Fe. With the economy in turmoil and state and county drilling regulations in flux, Tecton Energy CEO Bill Dirks said Tuesday the company is selling its mineral leases.

“If we get a buyer, we'll sell,” Dirks said in a brief Journal interview.

Johnny Micou of the group Drilling Santa Fe said he is pleased that Tecton is giving up its bid. “They shouldn't have been entering the basin in the first place,” Micou said, contending that the limited amount of resources there didn't justify the company's plans.

Micou said he and other advocates will remain engaged on oil and gas issues. He pointed to legislation that died in a state committee last week that would have prohibited local governments from regulating oil and gas.

Tecton was met by a groundswell of opposition when, in 2007, it announced plans to explore within the basin, where little oil and gas had been found before.

The Santa Fe County Commission responded by recently passing one of the nation's toughest drilling laws, while the state Oil Conservation Division is also working on special rules meant to protect the basin. " More (Subscription required) >>>>

Saturday, February 7, 2009

House Bill 219 Hearing Rescheduled

House Bill 219, Rep. Brian Egolf’s surface owner leasing notification bill has been pushed to next week. You can check the committee “Agendas and Calendars” on the state’s website to stay up on hearings (see link below). Rep. Egolf’s bill will be heard before the House Energy and Natural Resources Committee (HENRC) at 8:30, Wednesday, February 11th, in Room 307.

http://legis.state.nm.us/lcs/

Thursday, February 5, 2009

House Bill 219

House Bill 219 will be heard, Friday at 8:30am, February 6th, Room 307 (Roundhouse). Please support the bill.

For updates, go to Common Ground United, Roundhouse 2009.

House Bill 108 Withdrawn

According to the office for Representative James Roger Madalena - (D) - Committee Chair NM House Energy & Natural Resources Committee, House Bill 108 will not be heard tomorrow. The sponsor has pulled it for reasons unknown:
http://www.nmlegis.gov/lcs/_session.aspx?Chamber=H&LegType=B&LegNo=108&year=09
Be prepared for future action alerts for HB 108.

Oppose House Bill 108

The New Mexico Wilderness Alliance has made it VERY easy to send a free fax to the members of the House Energy and Natural Resources Committee asking them to oppose House Bill 108, which would make defunct the recently-enacted pit rules. Just click on the link below. You can send the letter as written, edit it, or write your own.

Send Your Free Fax Here

or the following:

http://www.nmlegis.gov/lcs/_session.aspx?chamber=S&legtype=B&legno=%20394&year=09

Wednesday, February 4, 2009

Counties Keep Oil, Gas Regulating Power




By Raam Wong
Journal Staff Writer

State lawmakers on Tuesday struck down a bill that would have stripped Santa Fe County and other local governments of the authority to regulate the oil and gas industry.

Republican State Sen. Carroll Leavell of Hobbs said his legislation was meant to avoid a patchwork of regulations across the state. In recent months, Santa Fe, Rio Arriba and Mora counties have taken steps to impose rules on drilling. Leavell's bill would have put nearly all regulatory authority in the hands of the state Oil Conservation Division.

Leavell said OCD “has some of the most stringent drilling regulations in the nation.”

But OCD Director Mark Fesmire said the division doesn't have the authority to govern noise, dust, zoning and other issues that are often handled at the local level.


Without giving OCD additional new powers, the bill would create a regulatory gap, Fesmire said.

“The OCD is a creature of statute,” Fesmire said. “We have very limited powers.” More (subscription required) >>>>


Tuesday, February 3, 2009

Senate Bill 17

Senate Bill 17 was tabled in the Senate Conservation Committee today.

Sunday, February 1, 2009

Pit Rules Pit State Against Oil, Gas Industry

 

By Charles D. Brunt
Copyright © 2009 Albuquerque Journal
Journal Staff Writer

          "The positions are clear and the rhetoric harsh. 
        State regulators say tough new "pit" rules adopted last year are reasonable regulations needed to address groundwater contamination problems caused by oil and gas drilling. 
        The oil and gas industry says the rules are expensive, over the top and could lead to substantial production cuts as producers will look elsewhere. 
        That would be fine in some quarters: Oil and gas production doesn't exactly generate warm and fuzzy feelings in Santa Fe, where the mere prospect of a drilling rig in a nearby basin triggered a political upheaval. " More (subscription required ) >>>>