Pipelines Under the Rio—

These interstate and intrastate transmission pipelines in Sandoval County have been designated High Consequence Area (HCA) pipelines by PHMSA, meaning the threat of rupture and

San Bruno Explosion was due to aging infrastructure that was not reported by pipeline owners that corroded over time with pipelines that were highly pressurized for their age. Fines were levied despite pipeline owners rejection of liability.

an explosion is high, which would decimate the aquifer, drinking water supply, risk destroying property and cause physical harm and death throughout the County. The County Commission can pass several types of ordinances that protect citizens, property, and resources. However, at the last County meeting during the discussion items, the Commissioners appeared to unknowledgeable of solutions that they could legislate and support at the County level. We have some SandCO Recommended Comprehensive Plan Language -march2018 for them if they will listen.

State and Federal level legislation are needed and we have recommendations as to what that could be as we move forward.

FAQ’S
  1. —5 PIPELINES: OVER 60 YEARS OLD KINDER MORGAN  CO2 line ( proposing additional hydrogen line (1), TESORO CORP  ( was Western Refining) gasoline (1),  ENTERPRISE (MID—AMERICAN PIPELINE WHO OWNS THREE OF THE LINES) CONTAIN: jet fuel, gasoline, diesel fuel, crude oil, natural gas liquid,ethane, propane, butane, natural gas, and carbon dioxide
  2. —FLOW RATES: HIGH-LEVEL RATES FROM 60,000 BBL/DAY TO 175,000 BBL/DAY CARRYING 42 GALLONS PER BBL WITH PIPE DIAMETERS OF 8-16 INCHES
Placitas and East Mountains Community Threat

Demographics: “To be affected”

  • I. over 6,000 residential homes and many doubled as businesses.
  • II. Elementary School abt. 100 feet away from the pipeline
  • III. Senior/Community Center with a pipeline running directly into the path of building and parking.
  • IV. Las Huertas de San Antonio Land Grant office less than 100 feet away.
  • V. Las Huertas Creek (acequia) water right grant (pipeline directly passing in and out through the creek).
  • VI. Water Basin – Supplies water to 2 Pueblo’s and to Albuquerque (largest urban City in New Mexico).
Threats to Pueblos and Communities that the Interstate Transmission Pipelines Cross 
New Energy Corridor (NEC) — It’s back! 

Public Commenting period on the New Energy Corridor plan comments due Feb 26 2018

Common Ground Community Trust sent these Public Comments 10127 on NEC plan_Final on Farmington to Rio Puerco  corridor-80-273 Sandoval County and Rio Grande corridor-81-272

Comments include:

  • —Discussion of new construction of pipelines coming into the state and protections on public awareness and notifications.
  • —Pipeline Notification Procedure on public awareness for counties statewide.
  • —Development of Consultation Zones in High Consequence Areas (HCAs) and New Constructions for public participation and input.
  • —Improved Pipeline Operator Responses and Information

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Eminent Domain law in NM

Avoiding Eminent Domain

Pipeline companies that receive a certificate from FERC to construct and operate a pipeline and have been unable to acquire property that is necessary for the project may exercise their power of eminent domain by bringing a condemnation action in federal court if the property is valued at $3,000.00 or more.

Regardless of acreage, a property owner must be offered, and deny, a minimum of $3,000 before eminent domain may be used.

Eminent domain (ED) is very complex.  Most courts have upheld a company’s right to proceed with condemnation (ED) even if the pipeline company has not yet complied with all conditions of the FERC certificate or obtained all necessary permits.

However, in a recent case, known as “The Brandywine Five”, Ms. Carolyn Elefant, Esq. www.carolynelefant.com successfully represented five Chester County PA landowners in federal court opposing an eminent domain action.  “The Brandywine Five” decision to fight eminent domain was based on the lack of essential PA DEP permits.  The Judge denied a quick take (ED) by Williams Transco Pipeline in their Sentinel Project.  Within a year, the court acknowledged that The Brandywine Five’s efforts were a success and awarded attorneys’ fees.

This was a fairly significant victory.  If companies may be liable for fees, it may deter them from jumping the gun and marching into court to get possession before they have approved permits.  It also shows that states can make a difference; here, the state’s decision to hold the line on the water quality permits enabled The Brandywine Five to prevail.  This sets a precedent but with NM LAW eminent domain can still be challenged. it is Best to Discuss these issues with an attorney.

The federal court is a last resort; the county, state, and landowners need to intervene and participate extensively in the FERC process to gain whatever leverage they can to ovoid Eminent Domain.