Resident urges Eddy County to widen oil-and-gas setbacks, increase penalties

Jeanne Nichols, a lifelong resident of Happy Valley, told the Eddy County Commission she and neighbors have been ‘‘blindsided’’ by recent drilling near their homes and asked the board to amend Ordinance 01975-5 to protect residents.

Nichols said the current ordinance allows drilling as close as 300 feet without owner consent and that a nearby proposed Permian Resources drill site was ‘‘a little over 400 feet’’ from her house. She urged the county to change the drilling-location section to require 2,640 feet (half a mile) between wells and inhabited dwellings, schools, churches and mercantile establishments located outside incorporated municipalities. Nichols also proposed increasing criminal penalties to a fine of up to $1,000 and up to 364 days in jail and adding civil remedies such as nuisance abatement in district court.

"I am not here to shut down the oil field," Nichols said. "I'm asking that you hear me when I say that they have encroached on us enough, and it's time to reset some boundaries between communities and industry." She recounted a March 2004 blowout that prompted a two-mile evacuation and said the experience motivated her ask for greater setbacks and legal tools to halt operations that jeopardize public safety.

Commissioners responded by thanking Nichols for bringing the issue forward, noting the ordinance dates to 1975 and that residents have not previously pressed for changes. Several commissioners said the item requires further study before any ordinance language is drafted. County staff and commissioners recommended consulting the New Mexico Oil Conservation Division and the Environment Department and collecting additional data before scheduling a public hearing or drafting amendments.

The board did not adopt any ordinance changes at the meeting; commissioners asked staff to compile information, coordinate with state regulators and return the matter for further discussion and a potential public hearing.