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Annual Report 3 - New Mexico - Energy, Minerals and Natural ...

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Oil Conservation Division<br />

A Message from Acting Division Director Mark Fesmire<br />

ANNUAL REPORT 2010<br />

Mark Fesmire, PE<br />

Acting Division Director<br />

In addition to its traditional regulatory activities associated with preventing the waste of <strong>New</strong> <strong>Mexico</strong>’s oil <strong>and</strong> gas resources <strong>and</strong><br />

protecting the correlative rights of mineral owners, the Oil Conservation Division (OCD) is committed to the protection of human<br />

health <strong>and</strong> the environment, prevention of future contamination of <strong>New</strong> <strong>Mexico</strong>’s water <strong>and</strong> soil from oil <strong>and</strong> gas operations <strong>and</strong> to the<br />

identification <strong>and</strong> remediation of historical contamination that has damaged our state’s environment or resources.<br />

To accomplish these objectives, OCD manages permits for drilling <strong>and</strong> operational activities, collects data on operations, conducts<br />

hearings to resolve disputes among stakeholders, prosecutes enforcement actions <strong>and</strong> inspects wells <strong>and</strong> associated facilities <strong>and</strong><br />

operations. We also identify <strong>and</strong> remediate historical conditions <strong>and</strong> improperly plugged or ab<strong>and</strong>oned wells.<br />

Over the last eight years, OCD has proposed, advocated for <strong>and</strong> promulgated rules that exp<strong>and</strong> public participation <strong>and</strong> openness in<br />

the rulemaking process, provide enforcement capability to the division to pursue violators, provide regulatory oversight in oilfield waste<br />

disposal <strong>and</strong> increase the protection of water resources during the use of oilfield pits, sumps <strong>and</strong> below-grade tanks.<br />

The most prominent of these actions is the “Pit Rule” which became law on June 16, 2008. This rule requires proper management of oil<br />

<strong>and</strong> gas waste to protect groundwater which is 90 percent of <strong>New</strong> <strong>Mexico</strong>’s drinking water. Prior to the enactment of this rule, oil <strong>and</strong> gas<br />

operators self-reported 421 cases of ground water contamination caused by pits. Since this rule became effective over two <strong>and</strong> a half years<br />

ago, there has not been a single case of ground water contamination reported to OCD.<br />

OCD makes every effort to be proactive when it comes to human health <strong>and</strong> safety as well as protecting the environment. OCD<br />

performed an assessment of the state’s brine wells because of recent brine well collapses in southern <strong>New</strong> <strong>Mexico</strong> <strong>and</strong> Texas. Findings<br />

from the assessment identified a brine well in a commercial, transportation <strong>and</strong> residential area of the City of Carlsbad as a c<strong>and</strong>idate for<br />

imminent catastrophic collapse. OCD immediately engaged in a cooperative approach to help mitigate or eliminate the hazard by working<br />

closely with the City of Carlsbad, the owner of the well <strong>and</strong> other state <strong>and</strong> local government entities. We continue to participate in the<br />

joint effort to protect the public <strong>and</strong> to monitor the well with an early warning detection system until a successful resolution is achieved.<br />

The dedicated staff in OCD will move proudly forward, protecting our precious water resources <strong>and</strong> leaving a natural resource heritage<br />

for the benefit of all <strong>New</strong> Mexicans.<br />

97

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