Governor Richardson has issued an Executive
Order extending by six months a moratorium on new oil and gas drilling in Santa FeCounty
and the Galisteo Basin. The moratorium will allow more
time for government agencies to gather information and begin rulemakings to
protect water aquifers, archeological and cultural resources, and wildlife in
this ecologically fragile area. The extended temporary moratorium will be in
place through January 24, 2009.
“I am committed to
protecting ground water, archaeological, cultural, and wildlife areas in the Galisteo Basin,” said Governor Bill
Richardson. “I remain gravely concerned that oil and gas drilling
activities could negatively affect those resources, so I have extended the
temporary moratorium to allow further information gathering and protections to
be put in place.”
The Governor’s
order means that the Oil Conservation Division of the New Mexico Energy,
Minerals and Natural Resources Department will temporarily suspend, for an
additional six months, the processing and granting of applications for permits
to drill for oil and gas in Santa Fe County and the Galisteo Basin.
Among other things, the
Executive Order directs the following additional actions:
- The Oil
Conservation Division to investigate appropriate rules, regulations and
statutory changes in an effort to protect this fragile and ecologically
sensitive area. The Oil Conservation Division should begin to draft any
regulations it deems necessary and seek public comment on them.
- The New
Mexico Environment Department to more thoroughly investigate the adoption
of air quality regulations to further protect ambient (outdoor) air
quality impacts from gas and oil drilling activity in Santa Fe County
and the Galisteo
Basin.
- The Office of
the State Engineer to undertake a site-specific analysis of the fresh
water supplies in the Galisteo
Basin in order to
better protect this precious and valuable resource.
- The
Department of Cultural Affairs to develop a timeline for and begin to
undertake the necessary surveys and studies to determine what cultural
resources exist within the Galisteo
Basin and to
establish an appropriate and comprehensive resource-based planning
process.
- The
Department of Cultural Affairs to work with the Office of the Governor and
the New Mexico Congressional Delegation to identify and secure financial
resources to fully implement P.L. 108-208, the Galisteo Basin
Archaeological Sites Protection Act (2004).
- The Indian
Affairs Department to continue to serve as the lead agency to seek and
gather input from the New Mexico Tribes, Nations, and Pueblos about
potential oil and gas drilling in Santa Fe County and the Galisteo Basin.
“We welcome the additional time to propose new rules to allow for
a more complete hearing that ensures protection of human health, the
environment, and water,” said Joanna Prukop, Cabinet Secretary of the New
Mexico Energy, Minerals and Natural Resources Department. “We need
additional and more detailed information to fully evaluate the potential
impacts of oil and gas drilling on the diverse natural and cultural resources
found in the basin.”
Executive Agencies
affected by this Executive Order are required to submit their reports to the
New Mexico Energy, Minerals and Natural Resources Department no later than December
1, 2008. The EMNRD will compile and submit a consolidated report to the Office
of the Governor by January 7, 2009.
Full text of the Executive Order follows:
EXECUTIVE
ORDER 2008-038
EXTENDING
THE MORATORIUM ON NEW OIL AND GAS DRILLING IN
SANTA
FE COUNTY AND
THE GALISTEO BASIN
WHEREAS, on January 24, 2008, Governor
Richardson signed Executive Order 2008-004, Imposing a Six Month Moratorium on
New Oil and Gas Drilling in Santa Fe County and the Galisteo Basin;
WHEREAS, Executive Order 2008-004 recognized the
rich cultural heritage and the fragile ecology of the Galisteo Basin
and that the preservation of this area was of significant value to the citizens
of this State;
WHEREAS, the Richardson Administration is
committed to protecting the health, safety, and welfare of all New Mexicans and
strives to protect the natural and cultural resources of the State while still
supporting responsible economic development;
WHEREAS, Executive Order 2008-004 imposed a
temporary six-month moratorium on new oil and gas drilling and exploration
activities in Santa Fe County and the Galisteo Basin to allow State government
the time necessary to fairly and thoroughly evaluate all laws, regulations, and
policies concerning the environmental, economic, cultural, archaeological, and
other impacts of drilling within Santa Fe County and the Galisteo Basin and to
ensure that no oil and gas drilling activity occurred in the area that would be
contrary to the interests of the State or its citizens;
WHEREAS, the temporary moratorium was also
intended to allow for the receipt and evaluation of public input on State
activity related to drilling in this ecologically fragile area;
WHEREAS, the executive agencies named in
Executive Order 2008-004 were mandated to report the findings of their analyses
to the Office of the Governor and the Secretary of the New Mexico Energy,
Minerals, and Natural Resources Department (EMNRD) by June 24, 2008;
WHEREAS, EMNRD and eight other executive
agencies submitted a thorough and thoughtful report after careful consideration
of statutory, and other, authority regarding oil and gas activity in the Galisteo Basin. Each agency sought and
considered input and recommendations from public citizens. Further, pursuant
to Executive Order 2005-003, Adoption of Statewide Tribal Consultation Policy
on the Protection of Sacred Places and Repatriation, each agency sought and
received information from the Tribes, Nations and Pueblos of the State about
their concerns regarding oil and gas drilling activities in the Galisteo Basin;
WHEREAS, the report highlighted the importance
of environmental, economic, cultural, and archaeological resources that may be
negatively impacted by any new oil and gas drilling activities in this area;
WHEREAS, based on the report submitted by the
executive agencies, the public and Tribal comments received, and the
recommendations made therein, it is apparent that the most prudent course of
action is to provide the State and its executive agencies more time to
thoroughly and carefully gather additional information and data concerning oil
and gas drilling activities in Santa Fe County and the Galisteo Basin.
NOW
THEREFORE, I,
Bill Richardson, Governor of the State of New Mexico, by virtue of the
authority vested in me by the Constitution and the Laws of the State of New
Mexico, do hereby extend by six additional months, until January 24, 2009, the
temporary moratorium on activities related to new oil and gas drilling in Santa
Fe County and the Galisteo Basin. During this period, the Oil Conservation
Division of the New Mexico Energy, Minerals, and Natural Resources Department
shall continue the suspension of the processing and granting of new
applications for permits to drill for oil and gas in Santa
Fe County and the Galisteo Basin.
I
FURTHER DIRECT
the state agencies which contributed to the report to my office to continue any
endeavors undertaken during the last 6 months that need further attention.
State agencies shall also take the following specific actions:
- The Oil
Conservation Division shall investigate and begin drafting, if
appropriate, rules, regulations and statutory changes, including but not
limited to permitting by area, the allowance of notice and public input
for all applications for permits to drill, and the adoption of special
rules concerning the Galisteo
Basin, all in an
effort to protect this fragile and ecologically sensitive area.
- The New
Mexico Environment Department shall investigate and begin drafting, if
appropriate, regulations related to ambient air quality impacts from oil
and gas drilling activity in Santa Fe
County and the Galisteo Basin.
The Department shall also exercise its authority to ensure adequate
protection of water derived from private wells, mutual domestic wells, and
rural water associations.
- The Office of
the State Engineer shall undertake a site-specific analysis of the fresh
water supplies in the Galisteo
Basin in order to
better protect this precious and valuable resource. Such analysis will
assist the State Engineer to fulfill his statutory duty to measure,
appropriate, and distribute water in the State.
- The
Department of Cultural Affairs shall develop a timeline for and begin to
undertake the necessary surveys and studies to determine what cultural
resources exist within the Galisteo
Basin and to
establish an appropriate and comprehensive resource-based planning
process. The Department of Cultural Affairs shall also cooperate with the
Office of the Governor and the New Mexico Congressional Delegation to
identify and secure financial resources to fully implement P.L. 108-208,
the Galisteo Basin Archaeological Sites Protection Act (2004).
- The Indian
Affairs Department shall continue to serve as the lead agency to seek and
gather input from the New Mexico Tribes, Nations, and Pueblos
about potential oil and gas drilling in Santa Fe
County and the Galisteo Basin.
The Indian Affairs Department shall assist other executive agencies to
ensure compliance with Executive Order 2005-003, Adoption of Statewide
Tribal Consultation Policy on the Protection of Sacred Places and
Repatriation.
- The New
Mexico Department of Transportation and the New Mexico Economic
Development Department shall undertake a careful assessment of all
existing laws, regulations, policies, and planning documents to ensure
that each agency has fully and appropriately exercised its powers to
ensure that no oil and gas drilling activity occurs in Santa Fe County and
the Galisteo Basin that would be contrary to the interests of the State
and its citizens.
- The New
Mexico Department of Health shall examine the feasibility of requiring oil
and gas drillers to disclose the additives and chemicals used in the
drilling process and to examine emerging policies nationwide regarding the
impacts of oil and gas drilling on human health.
I
FURTHER DIRECT
that the agencies named in this Executive Order report the progress they have
made with regard to the mandates made in this Executive Order to the Energy,
Minerals and Natural Resources Department by December 1, 2008 and that the
Energy, Minerals and Natural Resources Department prepare a consolidated report
for all agencies affected by this Executive Order and deliver it to my office
no later than January 7, 2009.
THIS
ORDER supersedes
any other previous orders, proclamations, or directives in conflict. This
Executive Order shall take effect immediately and shall remain in effect until
such time as it is rescinded by the Governor.
ATTEST: DONE
AT THE EXECUTIVE OFFICE THIS 14th
DAY OF JULY, 2008.
MARY
HERRERA WITNESS MY HAND AND THE GREAT
SECRETARY
OF STATE SEAL OF THE STATE OF NEW MEXICO
BILL
RICHARDSON
GOVERNOR
