Town Red Tags Valverde Well-Drilling: Pronto

(News alert: See Lorraine-Coca-Ruiz’s summary of TMS doings   at http://www.taosdaily.com )

In the April 20 post, Taos Friction discussed the ramifications of drilling wells in the Valverde Commons/Autumn Acres project. Apparently, the town was already investigating the indiscretion and acted promptly to discourage the aberrant behavior. We post the courteous correspondence among the parties, the Singing Plumber, Councilor Abeyta, and Mayor Cordova, below. You might consider this an example of how well government can work when it has the will to do so. This is a win for parciantes and water conservation as well as citizenship.

From: Bob Draper

To: roselaw ; rudyabeyta@msn.com ; dmiera@taosgov.com ; Darren Cordova
Sent: Wednesday, April 27, 2011 9:52 PM
Subject: Valverde Commons wells

http://www.ose.state.nm.us/doing-business/forms-inst/wr-01.pdf

Dear Daniel,

This is the link to the form on the state engineer’s website that we used for applying for the wells at Valverde Commons. Stephen Rose has the actual approved permits in his possession.

I will be traveling for the next four days, going to DC with my grandchildren, but will be available by cell phone and email. Stephen will be in direct contact with you about the legal issues.

As a courtesy to you, per your request, I will request that Jim Fennell, our well driller, stop work for a couple of days while you research the Town ordinances, even though we are thoroughly permitted with the State and feel that we are acting legally and properly.

As I said, there are many many businesses and residences in town with connections to both wells and Town water. It’s such a common practice in Taos that I would be shocked if it were illegal. Taking the broader view, using water from one’s own well actually diminishes in a small way the amount of water that the Town has to provide. Isn’t this a good thing?

I need to let you know that we would be financially damaged if construction were to stop at the common house.

Best regards, and thanks for your time and effort.

Bob Draper

From: RUDY ABEYTA

To: rmdraper@laplaza.org ; roselaw ; dmiera@taosgov.com ; Darren Cordova
Cc: Abigail Adame ; aquintana ; Michael Silva ; gsanchez
Sent: Wednesday, April 27, 2011 11:35 PM
Subject: Re: Valverde Commons wells

Mr. Draper,

I find your drilling of wells in Valverde Commons deceptive.

The drilling of any wells in Valverde Commons is TOTALLY unacceptable. Valverde Commons was approved with the intent that all water service would come from the town. It is irrelevant that the State Engineer has issued approval permits. Your comment “Isn’t this a good thing” is completely insensitive to the delicate aquifer in the area; given that, all water to Valverde Commons must come from the town.

In my opinion, any drilled wells need to be plugged, from the bottom up, with concrete in accordance with the Office of the State Engineer requirements. I fully support an immediate “red tag” on drilling any more wells. Further, I support plugging the existing wells within 3 to 5 business days. Otherwise, I support an immediate red tag for the entire project.

As to your last comment regarding the “common house”, we are all accountable for our actions, period!

Regards,

Rudy Abeyta
Town of Taos Councilor

Office of the Mayor

April 28, 2011

Bob Draper
Phoenix Mechanical LLC
Box 5756
1217 Gusdorf Rd.
Taos, NM 87571

RE: Valverde Commons

Dear Mr. Draper;

The intent of this letter is to outline the Town’s position concerning the drilling of new private wells at Valverde Commons. It is our understanding that you have received permits for several domestic wells from the Office of the State Engineer (OSE), and already constructed some of these wells. While these permits may have been legally obtained from the State, please note that section 13.04.160 of the Town Code clearly states that:

“All drilling of new private domestic wells and new private commercial wells is specifically prohibited when a water user’s property line is within three hundred feet (300’) of a serviceable water line, unless the water user is exempted from this requirement”.

Based on our initial review of this issue, it is clear that the Valverde Commons subdivision is not exempted from this requirement. While this section of the Town Code is subject to appeal for hardship determination, it is also the Town’s position that the Valverde Commons development does not meet this requirement because the conditions of approval for the entire development specifically required each residential unit to connect to the town’s water and sewer infrastructure. Therefore based on the above, your project is in direct violation of section 13.04.160 of the Town of Taos code.

Concerning statements made of the OSE’s well permits superseding the Town’s Ordinances limiting new wells, Provision 06H (General Conditions of Approval) of the OSE’s well permit application states that:

“The drilling of the well and amount and uses of water permitted are subject to such limitations as may be imposed by a court or by lawful municipal or county ordinance which are more restrictive than the conditions of this permit and applicable State Engineer regulations.”

Clearly, this section of the OSE’s own well drilling application acknowledges and allows municipalities such as the Town of Taos through our lawful ordinances to be able to regulate and in this case, prohibit drilling new wells within our own municipal boundaries.

I understand and appreciate that you have voluntarily agreed to halt any future drilling activity, however please be advised that due to the violation of section 13.04.160 of the Town Code, an official stop order will be issued immediately.

Please note that the town may require (subject to further review) that you plug any and all drilled wells (according to the requirements of the OSE) which were drilled in violation of this code.

If you have any additional comments or questions concerning this issue, please feel free to contact myself or Town Manager Daniel Miera directly at (575) 751-2002. I look forward to the resolution of this issue quickly.

Regards,

Darren Cordova, Mayor
Town of Taos

Attachment
Section 13.04.160, Town of Taos Code
OSE, Application For Permit To Use Underground Waters, General Conditions of Approval

CC: Town of Taos Council
Daniel Miera, Town Manager

Announcement

We, at the Birth Center, are renaming the Birth Center part of our facility. It will be called, “The Elizabeth Gilmore Birth Cottage.” We will be celebrating and loving Elizabeth Gilmore and her family (who will be present!!) on Sunday, May 8th at 10:30 am at the Birth Center. There will be a pot luck (so please bring a small dish to share….) and a small naming ceremony! Please forward this to all the people who love Elizabeth!  We hope to see you there!