SENATE MEMORIAL 72

54th legislature - STATE OF NEW MEXICO - first session, 2019

INTRODUCED BY

Pat Woods and Stuart Ingle

A MEMORIAL

REQUESTING ACTION AND ASSISTANCE FROM THE UNITED STATES AIR FORCE, THE UNITED STATES DEPARTMENT OF DEFENSE AND THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY TO ABATE AND PREVENT THE FURTHER SPREAD OF PERFLUOROOCTANIC, PERFLUOROOCTANESULFONIC ACID AND OTHER CONTAMINANTS FROM CANNON AIR FORCE BASE.

     WHEREAS, Curry county is composed primarily of agricultural land, with ranching, farming and dairies being the primary nongovernmental activities as part of Curry county's agricultural base; and

     WHEREAS, Curry county recognizes the importance of Cannon air force base and supports its mission, its personnel and their commitment, not only to the security and protection of the United States, but to the community; and

     WHEREAS, Cannon air force base and the United States air force have disclosed that the water table below and primarily to the east-southeast of Cannon air force base has been infiltrated with contaminants from fire retardants at Cannon air force base over the last several decades; and

     WHEREAS, aqueous film-forming foam fire retardant contaminants have been found in the paleochannel that flows in a south-southeast direction and is a major water source for property owners south and southeast of Cannon air force base; and

     WHEREAS, according to reports provided to the residents of Curry county, these contaminants are moving east, following the deepest and best water supply at the approximate rate of one thousand feet per year, presenting an immediate threat to Curry county's agricultural industry, livability, commodities, land valuation and more importantly, the water supplied to individual residents and their property and businesses; and

     WHEREAS, drinking water samples have been found to have contaminant levels that exceed the lifetime health advisory for human consumption; and 

     WHEREAS, the water contaminants have caused significant injury and loss to at least one business and have affected those property owners who have ingested drinking water obtained from their wells east and south of Cannon air force base; and

     WHEREAS, the contaminants have created a negative impact on crops, dairy and beef operations and caused agricultural losses in Curry county; and

     WHEREAS, a letter from Heather Wilson, secretary of the United States air force, to United States Senator Martin Heinrich states in part, " ... the Air Force's priority is to protect drinking water supplies for humans from unacceptable levels of perfluorooctanic and perfluorooctanesulfonic acid that result from our activities"; and

     WHEREAS, to date, Curry county is unaware of any plans or operations to remove these contaminants from the underground water supply in Curry county to prevent the spread of the underground contaminants or to provide compensation to the residents or businesses that are economically damaged by the contaminants;

     NOW, THEREFORE, BE IT RESOLVED BY THE SENATE OF THE STATE OF NEW MEXICO that the United States air force, the United States department of defense, the United States department of homeland security and other federal agencies be requested to take immediate action to address and stop the spread of the known underground contaminants resulting from the use of aqueous film-forming foam fire retardants at Cannon air force base; and

     BE IT FURTHER RESOLVED that Cannon air force base, the United States air force, the United States department of defense and the United States department of homeland security take immediate steps, including designation for "special priorities assistance" pursuant to Presidential Executive Order 13603, to provide assistance to Curry county residents or businesses that have been or are currently impacted by or will be impacted in the future by the known contaminants based upon current flow reports; and

     BE IT FURTHER RESOLVED that Cannon air force base, the United States air force and the United States department of defense have acknowledged that the contaminants are in the water system and are spreading and, as a result, immediate action is required to prevent the spread of these contaminants and to address the fears and the concerns in Curry county regarding the water supply; and

     BE IT FURTHER RESOLVED that action must be implemented so that corrective measures can be taken and compensation provided to Curry county residents in the immediate future; and

     BE IT FURTHER RESOLVED that representatives of Cannon air force base, the United States air force, the United States department of defense and Curry county's congressional delegation or their designees be requested to appear and participate in a town hall meeting in Clovis, New Mexico, to address a prompt response to the spread of the contaminants in the water supply, including removal of the contaminants, access to information and financial compensation for Curry county residents and businesses that have already been negatively impacted by the contamination; and

     BE IT FURTHER RESOLVED that a copies of this memorial be transmitted to the New Mexico congressional delegation, the secretary of the United States air force, the governor, the acting secretary of the United States department of defense, the secretary of the United States department of homeland security and the Cannon air force base wing commander.

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