As defined in SECTION 7: DEFINITIONS AND RULES OF INTERPRETATION, each site where there is a producing oil or gas well shall have a fluid-containment system using a series of enclosed aboveground tanks. Only Closed Loop Systems that meet or exceed the requirements of NMAC 15.1.21, shall be used during the drilling or Completion of any Well. Open pits and reserve pits are prohibited under all circumstances.

11.22.1. The Operator shall complete a baseline water quality testing program prior to constructing an Oil or Gas Facility. At least three monitoring wells shall be constructed according to guidelines prepared by the County Hydrologist. The location of the monitoring wells shall be specified by the County Hydrologist. However, at least one of the wells shall be at the Oil or Gas Facility or, if directional drilling or horizontal drilling is utilized, at least one monitoring well shall be located at the surface location corresponding to the bottom hole location. A down gradient well or wells shall be provided. If permission to utilize property for purposes of locating a monitoring well is not provided, the Operator may use County rights-of-way or property as sites for monitoring wells. Water samples from all water wells and surface water sources within a three mile radius of the proposed Well site shall be taken and the parameters tested to establish the baseline water quality in the area. All samples shall be split with the County to enable the County to conduct independent testing. The parameters to be tested shall be specified by the Administrator and the County Hydrologist.

11.22.2. In the event a property owner refuses access to a well for purposes of locating a monitoring well, an affidavit from the Operator shall be provided that summarizes efforts to obtain water samples from the location and the obstacles encountered. If possible, the Operator shall secure the signature of the property owner confirming that property owner’s decision. If access is refused as described, the Operator shall be required to drill monitoring wells in alternative locations to provide the baseline data and monitoring required by this Ordinance.

11.22.3. At least annually thereafter, the Operator shall repeat its testing of surface and subsurface water resources to determine whether fresh waters have been degraded or polluted as a result of the operation of the Oil or Gas Facility, as compared to the baseline established during initial testing. Such results shall be provided to the Administrator.

11.22.4. The Administrator shall have the authority to require the construction of supplemental monitoring water wells in the event degradation or pollution is suspected to physically document any degradation or pollution of an aquifer or any other fresh water bearing formation. Such construction and monitoring shall be at the expense of the Operator.

11.22.5. In the event of degradation or Pollution of surface or subsurface waters, the Operator shall immediately abate the degradation or Pollution, at its own expense, and cooperate and follow the directives of County, State and federal officials having jurisdiction over the incident.

See SECTION 11: OIL AND GAS SPECIAL USE AND DEVELOPMENT PERMIT PROVISIONS for complete, detailed information.