NEW MEXICO (KRQE) – New Mexico’s Attorney General is suing a propane business in Pagosa Springs claiming it would not provide propane gas it was contracted to deliver. Attorney General Hector Balderas filed a lawsuit against Bob’s LP Gas, Inc. for failure to provide the propane gas they had contracted to deliver to Northern New Mexicans as winter weather conditions set in.

One woman, whose mother lives in Los Ojos, says just this week her home was at 2.7 degrees. She says her propane provider, Bob’s LP Gas out of Pagosa Springs won’t deliver. “What a lot of the residents are running into is that they can’t get propane delivered, and the explanation that we’re getting is that they’re short-handed,” said Beverly Ortiz.

“It is unconscionable that a company is able to leave hundreds of New Mexicans without access to safe heat when they need it the most,” said Attorney General Balderas in a news release. “This is a matter of life and death.”

The lawsuit alleges that Bob’s Gas is refusing to refill propane tanks that consumers lease from the company despite its obligation to do so. The Attorney General reports that this is leaving New Mexicans without propane gas for safe heat during freezing temperatures. “We found that this company was clearly violating the law and more importantly really endangering families in northern New Mexico,” Balderas said.

This is forcing New Mexicans to burn wood for heat, using dangerous gas grills, or electric space heaters to keep warm. According to the news release, Attorney General Balderas sought voluntary cooperation from the company and its owner Bob Sivers without success.

KRQE News 13 reached out to the company’s owner who says they’re dealing with a driver shortage. He also said one of their trucks failed inspection, making it undrivable.

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Additionally, Attorney General Balderas is seeking an immediate injunction against Bob’s Gas to force the company either to provide propane to the consumers or to allow another company to temporarily fill consumers’ propane tanks. Balderas is also seeking a complete clients list to ensure Bob’s Gas is in compliance with the laws for the safety of citizens.

The lawsuit comes as a storm is expected to impact New Mexico during the Christmas holiday. Consumers who are at risk of running out of propane due to Bob’s Gas failure to fill their tanks are urged to contact the Attorney General’s Office at 1-844-255-9210 or file a complaint online at