1. Surface Owners’ Protection Act
Balancing the
relationship
between
landowners
and the
oil and gas industry.
For the past two years, Representative Andy Nuñez has worked hard to pass the Surface Owners’ Protection Act. In 2005 the bill made it through the House of Representatives in the State Capitol in Santa Fe but the session ended before the bill could be heard in the Senate. This year the bill was amended heavily in committee and watered down to the point that it lacked key landowner protections. A number of organizations have endorsed passage of a strong Surface Owners’ including the Fee and Public Land Users Association, New Mexico Cattle Growers’ Association, New Mexico Environmental Law Center, New Mexico Farm and Livestock Bureau, Oil and Gas Accountability Project and San Juan Citizens Alliance.

2. Let’s talk about the “why” we need landowner protection.

3. Over 12,000 new wells are planned in the next 20 years in San Juan County alone.
Many wells are being added.

4. Some will be in your neighborhood ranch, farm, or subdivision.
Even subdivisions are not exempt or protected from drilling.
“Drilling has been nonstop for two years.”
--Fort Worth Fort Star Telegram, TX

5. Do you know?
In New Mexico, homeowners, ranchers and farmers most often do not own the mineral rights to the oil and gas underneath the surface of their land.
Seismic testing. A thumper truck.

6. Do you know?
Oil and gas companies are not required to have a written agreement with the individual rancher property owner or homeowner before they drill.

7. Do you know?
They are not required to pay for the use of the land surface.

8. Do you know?
Property owners who do negotiate often sign non-disclosure agreements so the pricing is secret, preventing other landowners from negotiating effectively.
Seismic testing. A thumper truck.

9. This is about property protection, not politics.
We need the SOP bill to protect us and our investments now.
Corporate and business profits are more valued than our personal profits/investments in land and quality of life. A
We are small landowners VS the Goliath of industry (and the attorneys for industry)

10. Examples of contamination.
165 cubic yards of contaminated soil had to be removed.
This is a leaking tank on a well pad. The leak looks small on the surface, see the darker gravel where it looks oily or wet.
The company had to remove 165 cubic yards of contaminated soil.

11. A larger spill. Tank leak.
Tanks are supposed to be bermed with bottom showing so that leaks can be seen. And berms need to be a specific size and graveled

12. They decide where to locate pits and equipment.
Toxic pits and unlined pits.

13. We all deserve to have legal protection for our property.

14. Protection for ranchers and livestock.
It affects ranchers and livestock.
Water contamination. Loss of stock, and wildlife issues.
Death of livestock and wildlife
Resistance from industry to pay for rancher losses (ranchers must pay for autopsies of cattle)
Poor reseeding and wellsite contamination
Protection for ranchers and livestock.

15. Protection for farmers.
Soil contamination. Note the irrigation row.
Protection for farmers.

16. Protection for homeowners.
Toxic produced water at this site ran off the pad from three tanks and down into the street in the city of Aztec.
In the background is the Kokopelli subdivision.
The company covered up the contamination instead of removing contamination.
Protection for homeowners.

17. Protection for property owners.

18. We don’t have any studies in New Mexico.
Property values drop an average 22% in La Plata County ,Colorado, when a gas well is on the property.

19. --Homeowner in the City of Aztec, Kokopelli Subdivision.
“Engine fumes come in my bedroom at night from a nearby [established] site.”
--Homeowner in the City of Aztec, Kokopelli Subdivision.
These engine fumes are NOx, (Nitrogen Oxides). The EPA acknowledges these fumes are harmful.

20. Planning to buy a house?
If a well “moves in” it will most likely be there the rest of your life.

21. Surface Owners’ Protection Bill
Attempts to balance between oil and gas companies and property owners.
Allow people to protect their property and investment.
Allows property owners to negotiate with the oil and gas companies.
Nine states already have laws which require oil and gas companies to negotiate damage settlements with surface owners before beginning operations.

22. Surface Owners Protection Bill
Allows you negotiate with the oil and gas company.
Allows you to determine damages and get fair compensation.
Gives you legal recourse in court.

23. How do we pass the Surface Owners’ Protection Act?
Get more people like you involved.
Get your legislators to support the bill.
Get calls in to the Governor to urge his continued support of the bill.

24. What can YOU do?
Letters/postcard to your senators and representatives on the list we give you
Letters to the Governor!!
Letters to the editor
Make suggestions to us!

25. Resources for Property Owners
Download the book
Oil and Gas at Your Door? A Landowners Guide to Oil and Gas Development