The Aquifer when fracked

The Aquifer when fracked
Diagram

Sunday, February 26, 2017

P&Z Commission ordinance changes Corrupt Please come to March 2 6pm meeting Sandoval BOCC

Help us Stop the P&Z Commission Ordiannce Changes BY the Corruption in the Sandoval County Planning office. 



The new P and Z Commissioners will be appointed after this ordinance March 2 agenda item is passed. 

I think this is more of a legal question about Joann Rouke ousting off the P and Z  but especially given that the County is attempting to change and mold the ordinance to their liking and that in doing so they acknowledge their current need to change existing policy not to their liking, it would appear that the P and Z commission would not be able to be retroactively removed by these subsequent changes, unless by this revised method. 

Hence, MIke Springfield it appears is attempting to stack the P&Z in favor of the Oil and Gas Industry liking. 


Call and Email Tell MIKE Springfield what you think of his schemes and underhanded actions ont he Ordiannces process for this P&Z Commission and the oil and gas ordinance obstructions. 


Michael Springfield
Director, Planning & Zoning
Phone: 505-867-7628Email: mspringfield@sandovalcountynm.gov 


Members may be removed for cause by a majority vote of the full Board. Cause is undefined here, but it would seem that cause is much more than at will with respect to the existing P and Z members. No matter, the process still must be followed. 

  • That change is the proposed language that allows a newly elected commissioner to replace “any member appointed by a predecessor.”  That really politicizes the P and Z commission.  Commissioners are like judges and should not be removed just because someone wins an election. It should not be a spoils system.
  • The other change we are against is the ability to appoint a new P and Z commissioner to just fill the remaining term of an open commission seat.  It is hard enough to find qualified people willing to serve as a P and Z commissioner.  Why tie the hands of the commission to find good people?  Who would want to serve a four month term?

Its time to stand against this outright corruption BY the Sandoval County Planning Department.  



There is one change in the proposed ordinance dealing with the appointment of p and Z commissioners that I think needs to be strongly opposed at March 2 meeting. 


AT any rate.  Please come to testify against these two changes.  Hope others will be there as well.


 CALL and Email The Sandoval County Commissioners 
District
Sandoval County Commission
Email
Phone

3
Don Chapman
dchapman@sandovalcountynm.gov

+15054146247

4
David Heil
dheil@sandovalcountynm.gov

+15052526085

2
Jay Block
jBlock@sandovalcountynm.gov

+15052526218

1
James Dominguez
jdominguez@sandovalcountynm.gov

+15052523251

5
Kenneth Eichwald
keichwald@sandovalcountynm.gov

+15052527412



Tell the Commissioners
  • To Stop Mike Springfield (Sandoval County Planning Director) from politicizing judges (commissioners) on the P&Z Commission 
  • To stop  the vote and language on the Replacement of any member appointed by a predecessor must be stricken for the ordinance.
  • This smacks of corruption as the County is attempting to change and mold the oil and gas ordinance to their liking and that of the oil and gas industry.
Yes, we can stop this.  We can raise serious questions about these proposed changes to future appointments.  We need lots of people raising questions about the new ordinances.


Suggested letter to the Commissioners

I am writing about proposed changes to the Planning and Zoning Commission Ordinance.

I have spoken before about the ambiguity of the current Ordinance. However, I have concerns about the revised Draft.

The current Ordinance calls for P&Z Commissioners to serve staggered terms. This makes sense in that there should be some experienced Commissioners at all times.

I suggest that the Ordinance contain a schedule of Commissioner Year of Expiration by District.
Since District 1 and District 5 are assigned to have 2 Commissioners, one term should expire in an odd year and the other in an even year. Districts 2,3 and 4 should be assigned expirations with 2 odd, 1 even or 2 even, 1 odd year as to best fit the current assignments.

Historically, the P&Z Commission has had a number of open positions as filling some spots has been problematic. When a position becomes open because of a resignation or other reason, a replacement should be appointed for a minimum term or one year, but up to two years. This would give a new member time to get “up to speed” to do an effective job.

I believe the P&Z Commission should be as apolitical as possible. Members should be appointed for their willingness to serve with consideration of their background experience. I object to: “A newly elected or duly appointed commissioner may, in his or her sole discretion and within 90 days of taking office, choose to replace any member appointed by a predecessor”.
This, in my mind, politicizes the P&Z Commission. The provision “Members may be removed for cause….etc. should be the only reason for removing/replacing a P&Z Commissioner.


Regards,


Heads Up on the P&Z Commission Changes at tthe Sandoval county Commission  this week March 2 for Sandoval County  6 pm  




Sunday, February 19, 2017

Support Senate Memorial 78 Mimi Stewart' Bill

We could use some help from Bernalillo County residents and non profits. Water protectors are everywhere. We hope that everyone can support Senator Mimi Stewart's Senate Memorial 78, 


and the water protection efforts that will follow
The Water Protection Advisory Board (WPAB) of the Albuquerque Bernalillo County Water Utility Authority (ABCWUA) did its job. The WPAB recommended that Albuquerque, Bernalillo County and the ABCWUA adopt oil and gas regulations.  Based on the WPAB letter of recommendation, Senate Memorial 78 advocates for oil and gas regulations in Albuquerque and Bernalillo County. Combined with our efforts in Sandoval County, I believe this is one of New Mexico's best chances to bring water protection to the forefront. This should be a topic of discussion and an important issue in the Albuquerque mayoral campaigns. The incoming mayor will serve on the Albuquerque Bernalillo County Water Utility Authority Governing Board and exercise great influence on the future of drinking water for 600,000 users of ABCWUA supplied water. 





It is time to bring Water Protection to the Forefront.


Committee Members


TitleNamePartyRole
SenatorLinda M. LopezDChair
SenatorJeff SteinbornDVice Chair
SenatorGregory A. BacaRMember
SenatorJacob R. CandelariaDMember
SenatorStuart IngleRMember
SenatorDaniel A. Ivey-SotoDMember
SenatorGerald Ortiz y PinoDMember
SenatorMary Kay PapenDMember
SenatorCliff R. PirtleRMember
SenatorClemente SanchezDMember
SenatorMark MooresRRanking Member
Ask your preferred Mayoral Candidate to support quality water protection regulations. Since most of the ABCWUA drinking water is from the Rio Chama and the Rio Grande drainages, the Water Protection Advisory Board could someday become one of New Mexico's leading drinking water advocates.  All environmental non profits should support this drinking water protection effort by standing for SM 78 and broadcasting to their members the importance of protecting the entire Albuquerque Basin, which is water to nearly a million people.  When it comes to our drinking water, precautionary principles must take precedent. 

Friday, February 17, 2017

Senate Bill 307 oil and gas penalties act needs support

SB 307:  Oil and Gas Powers and Penalties Bill

The problem:  The civil penalties imposed on violators of the Oil and Gas Act have not been increased since 1935. 
Moreover, the agency responsible for enforcement does not have the authority to impose a penalty but instead has to rely on the attorney general to file a lawsuit.
Sen. Richard Martinez is sponsoring SB 307 to make sure that the Oil Conservation Division and the Commission can impose civil penalties on violators of the act, its rules, orders or permits. 
According to Legislative Finance Committee performance reports, the number of spills has increased in recent years.  Yet, according to numerous sources no penaltieshave been reported.
What the bill does:
It clarifies that the civil penalty is not more than $1,000for each day of violation.  
It adds new language authorizing civil penalties of up to $10,000 if the violation is due to an unauthorized discharge of contaminants that pollutes or threatens to pollute water (in accordance with state and federal water quality standards).
It gives the Oil Conservation Division and the Oil Conservation Commission the authority to impose civil penalties after a hearing has taken place. (The current law requires the division to ask the Attorney General to bring a lawsuit against the violator.)
The bill is addressing problems created by bad actors, not the good actors.
In addition:
Criminal sectionThe bill clarifies the criminal penalty section by making it a third degree felony if the person knowingly violates the Act, its rules, orders or permits, which includes making false statements, omitting,destroying or mutilating information on forms, records, accounts or memorandums. (Similar provisions are in the NM Mining Act.)
Annual Reporting requirement: The bill also requires the division to make an annual report to the legislature and the governor, and be made available to the public, regarding the number of violations, the names of the violators, the amount of penalties assessed and collected, the justification for the penalty amount, whether the company is a repeat violator and other related information.
In sum, granting the division the authority to impose penalties, increasing the penalties and requiring an annual report are important steps to achieving the goals of the Compliance Bureau as described in the 2016 Energy, Minerals and Natural Resources annual report.
The Compliance Bureau ensures that activities comply with regulations and do not result in the waste of oil and gas resources and to protect human health and the environment. 

Selected States Comparison of Maximum Civil Penalties for Violations of Oil and Gas Acts
State
Maximum Civil Penalty
When Maximum Civil Penalty Applied
Colorado
Max $15,000/day that violation continues
Maximum total fine for violations vary by degree of impact and the type of rule violated, with heightened severity for health and safety rules.
New Mexico
Max $1,000 for each day of continuing violation 
Applies to anyone who knowingly or willfully violates the Oil and Gas Act.
New York
Max $8,000 per violation plus up to $2,000 for each day violation continues.
Applies to violation of Article 23 (Mineral Resources) or any regulation, order or permit condition.
North Dakota
Max $12,000 for each offense and for each day of violation
Applies to any violation of any provision of Chapter 38-08 or any rule, regulation or order of the commission.
Ohio
Max $2,500-$20,000 per each continuing day of violation
Amount depends on which section of code, rules, permit certificate is violated.  Largest penalty primarily applies to rules to prevent pollution from extraction, storage and injection of brine, oil, natural gas or other fluids that cause damage to public health, safety and environment (water and land).
Pennsylvania
$25,000 per violation plus $1,000 for each day violation continues (conventional wells) and $75,000 per violation plus $5,000 for each day (unconventional well)
Applies to violations of Title 58 Oil and Gas. In determining the amount, the department shall consider willfulness of the violation, damage or injury to natural resources of this Commonwealth or their uses, endangerment of safety of others, the cost of remedying the harm, savings resulting to the violator as a result of the violation and any other relevant factor.
Texas
Max $10,000 for each day violation continues($200,000/day if pipeline safety) 
Amount depends on rule that is violated.  Largest penalty depends on seriousness of violation of the provision, rule, order, permit, license, including hazards to health and safety of public. 

The Oil and Gas Powers and Penalties bill is going to be heard on Tuesday.

Attached is an information flyer for SB 307 and a chart comparing selected states' civil penalties for oil and gas act violations.

The hearing is scheduled 3rd on the agenda for Tuesday in Senate Conservation.  The committee begins at 8:30 but there is a wildlife bill scheduled first on the agenda that is expected to draw a large crowd and take a lot of time.

Earthwork’s Oil and Gas Accountability Project  Contact: Mary Feldblum505-897-1803

Wednesday, February 8, 2017

NM Senate Bill 215 helps make residential solar roof top easier to finance- needs your support

New Mexico legislators need to hear from you tonight! State Sen. Peter Wirth's Senate Bill 215, which makes it much easier for New Mexico homeowners to finance rooftop solar, energy storage or water-conservation projects (and allows the financing to stay with the house after it's sold), will be heard in the New Mexico
State Senate Conservation Committee tomorrow (Thursday).
Word is that banks have been pressing hard against this pro-solar bill, so we need to flood all the Conservation Committee senators' offices with emails and calls to give them the public support they need to stand up for affordable residential solar and other innovation.

PLEASE CALL AND EMAIL TONIGHT to ask all these senators to support SB215.
Contact information is below. Just tell the person who answers the phone that you are calling to urge Sen. XXX to please vote "Yes" on SB215 to support renewable-energy financing. If there's no answer, please send an email.

Please let us know you called and/or emailed at riogrande.chapter@sierraclub.org. (A summary of the bill is below.)
Thank you for taking action,
David Coss, Sierra Club Rio Grande Chapter chair

Senate Conservation Committee

Sen. Joseph Cervantes Las Cruces, D, Chair 505-986-4861, joseph@cervanteslawnm.com
Sen. Elizabeth "Liz" Stefanics, Cerillos D, Vice Chr, 505-986-4377,
liz.stefanics@nmlegis.gov
Sen. Ron Griggs Alamogordo, R, 505-986-4369, ron.griggs@nmlegis.gov
Sen. Richard C. Martinez Los Alamos, Rio Arriba, SF, Sandoval, D, 505-986-4487,
richard.martinez@nmlegis.gov
Sen. Cisco McSorley ABQ, D, 986-4389, cisco.mcsorley@nmlegis.gov
Sen. William H. Payne ABQ, R, 986-4703, william.payne@nmlegis.gov.
Sen. William P. Soules Las Cruces, D, 986-4834, bill.soules@nmlegis.gov
Sen. Peter Wirth Santa Fe, D, 986-4727, peter.wirth@nmlegis.gov
Sen. Pat Woods Curry/Quay/Union Co., R, 986-4393, pat.woods@nmlegis.gov


SB215: Amendments to the Renewable Energy Financing District Act  - The Renewable Energy Financing Districts Act (REFDA) is New Mexico's implementation of the concept known nationally as "PACE" - Property Assessed Clean Energy. With PACE, the installation of a renewable-energy system, energy-efficiency improvements, energy storage, or water-conservation measures may be financed through a local taxing district that creates a special assessment and a lien against the improved property. 

Because the PACE lien runs with the property and is superior to almost all other liens, financing can be obtained at favorable rates, even by property owners who have poor credit. The property owner pays off the special assessment financing with the operating cost savings from the improvements, coming out ahead. Offering property owners lower cost and more available financing for energy improvements and water conservation measures is a strong stimulus for local economic development, providing many high quality remodeling and construction jobs, along with environmental benefits. SB215 updates the 2009 REFDA to make it work better for property owners, lenders, vendors, and contractors, and lenders, and puts in place needed protections for consumers
and lenders.

Elaine Cimino  
Artist, Educator 

The two most important days in your life are the day you are born and the day you find out why. – Mark Twain
A small body of determined spirits fired by an unquenchable faith in their mission can alter the course of history.
~ Mahatma Gandhi

SB 182 tabled by Sen Papen

Great news from my friend Mary Darling who is currently in Santa Fe fighting the good fight:

We're up in Santa Fe now (in the Senate Education Committee). We just learned that public lands will NOT be left vulnerable in order to fund early childhood education. Senate Pro Tem Mary Kay Pappen requested her own legislation be tabled. She did so with grace and dignity which she is deserving of receiving herself. I hope folks call her office and thank her for her responsive and long service to our state and her constituents.

Thanks Ronda Seidenwurm for Posting this to Facebook


Monday, February 6, 2017

NM Land Commissioner to pitch expending drilling to fund early childhood education to ALEC

New Mexico’s Commissioner of Public Lands is slated to speak Friday with a group of conservative-minded state lawmakers in Washington D.C. about his proposal to transfer federal mineral rights on private lands to the state.
Land Commissioner Aubrey Dunn is also planning to meet with members of Congress in order to urge them to approve the transfer, according to spokeswoman Emily Strickler.
In an email to NM Political Report, Strickler said Dunn is promoting his Early Childhood Education Land Grant Act to state lawmakers at an American Legislative Exchange Council (ALEC) policy summit.
“The group Commissioner is presenting to at ALEC would not be voting on this legislation, but may be interested in using the legislation as a model for legislation in their states,” Strickler wrote. “Also, Commissioner will be meeting with New Mexico’s congressional delegation while in D.C. to discuss this legislation because it needs congressional approval.”
ALEC members use model legislation to spread laws throughout states, with the most high-profile example perhaps the so-called “Stand Your Ground” laws that are in place in several states. ALEC also has model legislation requiring photo ID to vote and on prison privatization.
ALEC does not disclose lawmakers who are members, but says over 2,000 individuals are members.
In 2012, several corporate members and individuals left the group after the fatal shooting of Trayvon Martin in Florida. Florida has a “Stand your Ground” law.
At the time, State Sen. George Muñoz, the lone Democrat from New Mexico who was a member of the group, left. Sen. John Sapien, who attended several ALEC events but was not a member, denounced the group.
Congressman Steve Pearce’s Chief of Staff Todd Willens told NM Political Report Pearce was scheduled to meet with Dunn Thursday regarding the legislative proposal. Willens said the proposal “definitely interests the Congressman” and that Pearce will likely have questions.
“This is the chance to go through and discuss those items,” Willen said.
In a statement to NM Political Report U.S. Sen. Martin Heinrich said he plans to meet with Dunn and has significant questions about how fast New Mexico can see financial returns.
“We are meeting with Commissioner Dunn to discuss his idea tomorrow and intend to do additional analysis on how many years it might take to produce revenue, but it has to be viewed in the context of a plan I already support to use existing permanent fund dollars to invest in early childhood education right away,” Heinrich said.
On the U.S. Senate floor in July, Heinrich criticized ALEC for legislative proposals that would transfer public lands from states to the federal government. He also accused ALEC of supporting selling off public land to private companies.
A spokesman for Congressman Ben Ray Lujan said his office was not aware of any meetings scheduled with Dunn.
Dunn’s proposal would transfer federally-owned mineral rights, located under privately owned land, to the state and divert proceeds from the leases to a newly-created permanent fund earmarked for early childhood education. Dunn’s office estimates the fund could raise $210 annually from lease royalties if the legislation passed and Congress approves the transfer.
New Mexico Commissioner of Public Lands Aubrey Dunn
Conservation Voters New Mexico spokeswoman Liliana Castillo said while her organization is concerned with money for education, they are also concerned that Dunn’s proposal would allow oil and gas companies to intrude on private land.
“Handing [mineral rights] over gives oil and gas operators the dominant use of [the property owner’s] land,” Castillo said. “It is still really giving the control of that land to the extractive industry.”
New Mexico statute still allows property owners the right to oppose or negotiate compensation for drilling operations on their private property.
Castillo said more oil and gas wells may raise money for early childhood education programs but that more wells will also negatively impact New Mexico.
“Climate change is going to be a huge part of our children’s future,” Castillo said.
NM Political Report reached out to New Mexico Voices for Children and Catholic Health Initiatives St. Joseph’s Children, two unrelated organizations that supported tapping the state’s Land Grant Permanent Fund for early childhood funding. Officials from both organizations declined to comment saying the groups needed to see fully written legislation to completely understand its impacts.
In New Mexico, Dunn will have his work cut out for him as he has to get the measure through the Legislature with both chambers now held by Democrats and convince Congress to transfer the land to his office’s control.
DOMENICI ON BOARD
Along with Dunn at the ALEC luncheon will be Republican Congressman Rob Bishop from Utah and former U.S. Senator Pete Domenici.
Dunn’s office announced Wednesday that Domenici, who retired in 2009, will serve as a policy advisor to Dunn. In a press release Dunn called Domenici “a wonderful asset to my administration.”
In a statement Wednesday, Domenici directly addressed Dunn’s proposal, which the two will both be discussing at the ALEC conference.
“I look forward to working with the Land Commissioner on the bill he has prepared regarding early childhood education and the assurance of funding for this initiative, as well as assisting the Land Commissioner in his overall obligation and commitment to education funding for New Mexicans,” Domenici said.
Bishop recently called on President-elect Donald Trump to abolish national monuments President Obama designated while in office.
In terms of concern over Dunn’s proposal, Castillo said her group is still in “wait to see” mode, as it’s still unclear what Trump’s immediate plans for the Department of Interior are.
“Because of what happened in the election,” Castillo said. “We’re not really sure if the feds are interested in this.”

Diverse groups unite against push to transfer federal lands to states


Default font Larger font size

Diverse groups unite against push to transfer federal lands to states

By Staci Matlock
The New Mexican | Posted: Wednesday, February 1, 2017 11:32 pm
A mix of protesters who normally aren’t on the same side of a fight — Republicans, Democrats, Libertarians, hunters, horsemen and hikers — marched on the state Capitol on Wednesday in a shared defense of federal public lands.
“Once public land is gone, it’s gone forever. There is no getting it back,” said Jesse Deubel, an Edgewood housing contractor and director of United Bowhunters of New Mexico, as he walked from the Roundhouse to the nearby State Land Office with hundreds of other demonstrators.
Deubel and other protesters said they fear a national Republican push to turn federal lands over to state control is picking up steam, one piece of legislation at a time. With Republicans firmly in control of Congress and the White House, and the transfer of federal lands to states listed as part of the GOP platform, there’s reason for their concern. Bills calling for land transfers are already working their way though statehouses and Congress.
“Public lands turned over to the state will be bartered for political favors, used as bargaining chips and used to pay back donors,” Deubel said.
Republicans who support transferring management of federal lands and mineral rights to states say that for too long, federal regulation has hurt rural ranchers and farmers most closely tied to those lands. They also argue that the federal government has poorly managed the properties, leading to overgrown forests prone to wildfires and hurting oil and gas development.
About 34 percent of the land in New Mexico is federally owned.
Larry Dwyer, a retired schoolteacher and lifelong Republican from Tijeras, was at Wednesday’s rally with his brother and wife. They hunt only on public land and chose to miss the first day of a Barbary sheep hunt near Carlsbad so they could participate.
“It worries me to death that some in my party are looking at transferring public lands, selling it,” Dwyer said. “They see no value in it.”
Utah Republican Congressman Jason Chaffetz introduced a U.S. House bill this week to dispose of “excess federal lands.” After an outcry from sportsmen, Chaffetz announced late Wednesday night on Instagram that he was withdrawing the bill, an action confirmed by his office on Thursday.
The bill mirrored past attempts to auction off parcels in Western states, including New Mexico, that have been identified by federal agencies as “suitable for disposal.” The interior secretary will determine which parcels qualify based on a decades-old report. Some of those lands could be turned over to states, tribes or local governments.
Another bill introduced by Chaffetz would turn over law enforcement on federal lands to local authorities.
At the state level, New Mexico Sen. Mary Kay Papen, D-Las Cruces, has introduced a bill to establish an endowment to fund early childhood education programs with revenues from 6.6 million acres of federal mineral rights on private land. The rights, now unleased, would be transferred to the state under a proposal by State Land Commissioner Aubrey Dunn.
The mineral rights transfer would require congressional approval. If Congress approved the move, the State Land Office would then lease the rights to extract oil, gas and other minerals. Most of the rights lie under private parcels on the eastern side of the state.
Even if state lawmakers don’t pass Papen’s bill, the mineral rights could still be transferred to the state under federal legislation planned by U.S. Rep. Steve Pearce, a New Mexico Republican, Dunn said.
The New Mexico Cattle Growers Association supports Senate Bill 182. “I can’t imagine why sportsmen would be against this,” said Caren Cowan, executive director of the association, which counts ranchers and sportsmen among its members. “This would help the state in financing education.”
The association also wants the state to examine the possibility of transferring some federal lands to state management, she said. “We always feel that management closer to home is the best management.”
But sportsmen at the rally said federal public lands are a birthright of every American and something taxpayers have paid to preserve.
Conservation Voters of New Mexico is among the groups who oppose the bill. “We think the commissioner’s heart is in the right place, but in our opinion it is the wrong approach and wrong tool,” said Ben Shelton, the organization’s political director.
The group supports taking a little more of the investment revenues from an existing state land endowment, the $15 billion Land Grant Permanent Fund, to pay for an expansion of preschool programs. A resolution calling for voters to decide on a 1 percent increase in the endowment withdrawal is making its way through the Legislature.
Dunn opposes that measure. “Tapping the Land Grant Permanent Fund would set a dangerous precedent — it’s like robbing Peter to pay Paul,” Dunn said in a statement. “It is irresponsible and anyone who supports it doesn’t understand how the fund is structured.”
Shelton said it would take years for the state to lease any transferred federal mineral rights and for the leases to bring in enough revenue to create a sizable payout for early childhood programs. The primary benefits in the meantime would be for drilling and mining companies holding the leases, he said. “It’s a giveaway of public resources hidden in children’s education clothing.”
People at Wednesday’s rally said transferring federal mineral rights under private land to the state also would lead to reduced public input and less oversight of drilling companies.
“I think we are really going to have to fight tooth and nail for public lands in the next four years,” said Garrett VeneKlasen, executive director of the New Mexico Wildlife Federation, a sportsmen’s organization.
After the rally, Jason Amaro of Silver City said it was heartening to see so many people from different interests there, from environmentalists to sportsmen.
“We don’t often come together on issues,” said Amaro, Southwest coordinator for Backcountry Hunters and Anglers, a national sportsmen’s organization. “But when it comes to public lands, we are all on the same page. We may use the land in different ways, but we all appreciate public lands.”
Contact Staci Matlock at 505-986-3055 or smatlock@sfnewmexican.com. Follow her on Twitter @StaciMatlock.