Item 1 This commission must take into account the implications of the Interstate stream commission ISC report by Shoemaker in 2009 and 2013 that was concealed from the Sandoval County district court Case and NM Supreme Court(s) and even to the Legislature when they passed the brine preemption of no beneficial use drilling over depth of 2500 ft. they did this despite knowing what the report said, that there were direct impacts to the Rio Grande from pumping brine. IMH financial Corp now has 47,000 AFY to pump as much water as Lake Heron.
These impacts appear to compromise the Rio Grande Compact and the ability to access water withdrawal in the State that has a direct impact on the groundwater drinking supply of the Upper Middle Rio Grande region. Vice a Versa
Fracking or drilling (especially with brine) would impact and destroy the drinking water supply for the region. See the map above that shows the impacts of the ISC report. (More on brine impacts to the aquifer as we proceed)
The employees involved should be sanctioned, Mike Springfield and Diane Maes, they have the institutional knowledge and email shows they were knowledgeable and promoting this project through economic development, as well, being careful not to include the only water modeling report to be financed in the state.
There was no record of the settlement agreement filed with County Clerk and no financial report or fiscal impact report to or from the County Treasurers office, with $6M of taxpayer money being spent on Desalination Pilot plant. And 47,000 afy in pumping rights? (of a finite source). The raw brine can be used for fracking without polishing according to the OCD Santa Fe and Aztec Offices.
The county is supposed to receive payment for the $6m dollars in December and will able to sell 4,000 afy for industrial use.
They are partners in the potential exploitation of resources that was concealed to the Courts and the Legislature based on illegal behavior by the County Staff and the partners in the zeal for economic development.
The asset is being litigated heavily in Arizona on the valued $1B asset. Sandoval County is nowhere to be found. They should intervene.
In order to protect the public health and safety of the people and environment of the region the brine desal directly impacts the oil and gas ordinance, the ISC report that was concealed would need to go back to district court for a decision on the new evidence to be referred to the NM Supreme Court. These water resources were stolen away from the state of NM, and the spoiled cases and concealment impact the Rio Grande Compact.
We need an audit on the $6M -$10M the Citizens of Sandoval County Deserve a Financial and Ethics Audit since there was no official documentation to the County Clerks office or any fiscal impact reports on the project that can now be used as a potential water source for fracking.
We will put this all into the record.
Commissioner Eichwald’s brother was the judge in the matter I believe. And all is in the discovery documentation
that we received in an IPRA Documents request that included an email of George King and Mike Springfield celebrating the passage of legislation that preempted drilling brine. It was all part of the discovery in the case, a well-documented matter of record, and now we have the missing piece of the puzzle of water hydrology studies and modeling previous said to not exist. There were two reports of the model that is now being expanded by the OSE.
There are serious implications and impacts all around. This commission should be aware of this report and we have filed a complaint against the County and people involved in this case, with the Office of the Attorney General.
Sandoval County voted on an unadvertised list for ICIP funds for roads, bonds and then they added new items, not on their revised working list. The list should have been made public as it includes new highways funds to develop for fracking truck traffic and the Paseo Del Vulcan #ABQ by-pass, which topped the list. The county residents should have had more of a say to bring forward the projects they need in their respective districts. This is important information as you consider the oil and gas ordinance moving forward.
Item 3. We still hold multiple OMA Violations and Ipra Violation by the County on this case and the further violations of the lack of transparency in this issue are being documented. There are a pattern and practice of operating including the lack of public comment and participation by the County. These public comments put on the Website have never been included in the official comments of the Case; not in the Sandridge case nor in the Stoddard Ordinance Fiasco. We believe that is is also a violation of administrative law to direct the public to comment at this URL and then have no legal obligation to consider them.