(a)

promotes the health, safety, and welfare of the County, its residents, and its environment by regulating adverse public nuisance and/or land use impacts and effects resulting from the exploration, drilling, operation and transportation of oil and gas;

(b)

promotes the purposes of planning and land use regulation by assuring that adequate public facilities and services as defined by this Ordinance including roads, fire, police, stormwater detention and emergency and response services will be available at the time of approval of oil and gas projects;

(c)

prevents the occurrence of adverse public nuisance and/or land use effects and impacts resulting from the abandonment of oil and gas activities within the County;

(d)

protects the Galisteo Basin’s priceless, unique, and fragile ecosystem, the preservation of which is of significant value to the citizens of the County and State;

(e)

protects the Galisteo Basin’s unique and irreplaceable historic, cultural, archaeological, and eco-tourist sites and scenic vistas, in addition to water and other natural resources;

(f)

implements the July 2008 recommendations of the Governor’s Executive Task Force Report to ensure the health, safety, and welfare of all New Mexicans and protect the natural and ecological riches of Santa Fe County and the Galisteo Basin from adverse public nuisance and/or land use effects and impacts of oil and gas drilling in the Galisteo Basin as follows:

(1)

the Galisteo Basin has been recognized by the United States Congress as a nationally significant archaeological resource and contains within it a number of areas protected under the auspices of the Galisteo Archaeological Sites Protection Act, Public Law 108-208 (2004);

(2)

oil and gas drilling in the Galisteo Basin will have significant impact on archaeological, historical, cultural and environmental resources and sensitive areas;

(3)

water resources in the Galisteo Basin are at risk as oil and gas drilling in the Galisteo Basin may negatively diminish or pollute local water supplies and sources of groundwater;

(4)

due to the importance of the hydrology of the Galisteo Basin, not only to the citizens of Santa Fe County but to the interstate stream system through its contributions to the Rio Grande, it is extremely important to protect the quantity and quality of the surface and groundwater resources in the Galisteo Basin;

(5)

the Galisteo Basin is home to a variety of native plant and animal species whose arid habitats will be impacted negatively by oil and gas drilling. In addition terrestrial wildlife, aquatic and riparian species and habitats such as those found around the springs, wetlands, and drainages in the Galisteo Basin must be protected;

(6)

clean air and water are essential to most resources and activities in the Galisteo Basin and will be degraded by oil and gas activity;

(7)

sensitive environmental systems and cultural, archaeological and historic sites in the Galisteo Basin require permanent protection from oil and gas projects;

(8)

New Mexico has an interest in strengthening protection to historic, archaeological and cultural resources by issuing new rules and new statutes, if necessary, to put into place greater, and in some cases absolute protection, for highly sensitive and significant historical, cultural and archaeological sites and landscapes;

(9)

under the Wildlife Conservation Act (NMSA 17-2-37 through 17-2-46), species of wildlife indigenous to the state that may be found to be threatened or endangered by oil and gas drilling require such police power regulation over oil and gas development so as maintain and, to the extent possible, enhance wildlife numbers within the carrying capacity of the habitat;

(10)

the New Mexico Department of Game and Fish recommends enacting setbacks for oil and gas wells of 0.5 miles from important aquatic and riparian habitats such as springs, wetlands, and drainages including, but not limited to, the Galisteo River;

(11)

because oil and gas drilling may presently or in the future potentially cause irreparable harm to the County’s water supply and pollution of water and air, may cause cancer, lung disease, and respiratory diseases, the oil and gas industry must show documentation of community health effects, and these effects must be scrutinized, and totally mitigated before drilling and extraction occur;

(12)

pursuant to the New Mexico Public Health Act, NMSA 24-1-1 (1978), the Department of Health has the authority to “investigate, control, and abate the causes of disease... sources of mortality and other conditions of public health.” Environmental hazards resulting from oil and gas projects may potentially cause adverse health effects;

(13)

air, soil, and water contamination may occur during different stages of oil and gas drilling and extraction operations, and such contamination could affect human health;

(14)

surface spills of fluids arising from the drilling and production of oil and gas are not uncommon, and such fluids may be inadvertently injected into or come in contact with fresh water aquifers;

(15)

approximately 80% of the chemicals used in oil and gas development may possess inherent adverse health effects;

(16)

Senate Joint Memorial 71 encourages implementation of the precautionary principle in public and environmental health assessment in New Mexico. The principle holds that when an activity raises threats of harm to human health or the environment, even if some cause and effect relationships are not fully and scientifically established, mitigation or abatement measures should nonetheless be employed;

(17)

all New Mexicans have an equal right to live in a safe and healthy environment, and implementation of the precautionary principle promotes this premises as well as reduces potential effects on public health resulting from exposure to environmental toxins;

(18)

persons and/or organizations, in response to proposed technological innovations, have a duty to take anticipatory action to prevent harm, an obligation to examine alternatives, and the right to stop the implementation of technological innovations in an open democratic process;

(19)

the burden of proof of harmlessness for any proposed technological innovation must lie with the proponent of the innovation, not the general public;

(20)

oil and gas exploration or drilling would have a negative effect on tourism. Scenic beauty is the greatest attraction in the Galisteo Basin. Oil and gas exploration could have a significant negative affect on the landscapes and communities in this area; and

(21)

recognizes that the County of Santa Fe has supplemental authority, in addition to the authority of the State to regulate adverse public nuisance, land use and environmental impacts and effects not inconsistent with State legislation and regulation, stemming from oil and gas projects in the Galisteo Basin and unincorporated areas of the County and makes no finding that the State has preempted or occupied the field of oil and gas regulation.

(g)

implements the State’s Department of Energy, Minerals and Natural Resources Department, Oil Conservation Commission’s Application to amend 19.15.39 NMAC to add two new sections, 19.15.39.9 and .10, applicable to Santa Fe County and the Galisteo Basin, dated November 10, 2008.