DENVER – The former co-chairwoman of a task force that made recommendations around oil and gas regulations said state regulators have fallen short of addressing the local-control issue.
Gwen Lachelt, a Democrat and La Plata County commissioner, who was co-leader of the task force convened by Gov. John Hickenlooper, said rules proposed by the Colorado Oil and Gas Conservation Commission “gut” the task force’s intent.
“After dedicating my life to the governor’s oil and gas task force ... I’m gravely disappointed in the proposed rule,” Lachelt wrote to The Durango Herald.
In the COGCC’s defense, regulators were forced to balance property and mineral rights with the concerns of local communities. Both critics of the oil and gas industry and the industry itself are frustrated with the proposed rules, leaving some to believe that a fair compromise has been struck.
The COGCC is bracing for public hearings about the proposed rules, scheduled for Nov. 16 and 17.
The first rule under consideration deals with notification of drilling operations. Operators would need to contact local and adjacent governments when building large facilities and consult with governments about the operation. Mediation guidelines are also built into the proposal.
The second rule would require operators to register with local governments for planning purposes.
Oil and gas industry stakeholders are concerned, suggesting that the rulemaking oversteps the governor’s task force.
“We’re disappointed this draft seems to dismiss the hard work of the governor’s task force, which spent nine months deliberating and deciding on these recommendations,” said Dan Haley, president and chief executive of the Colorado Oil and Gas Association. “The task force worked hard to find compromise on some very contentious issues, and most of the recommendations were approved with unanimous votes.”
But Lachelt said the COGCC’s draft rules are actually less stringent than the task force wanted, pointing out that the original draft had additional protections for communities.
Under the rules being considered, operators would need to establish best operating practices for large facilities.
Lachelt responded: “Operators will tell you they already do that. We don’t need to go through the expense of a rulemaking to require what is already in practice in Colorado.
“Operators should be bending over backwards to accommodate the concerns of communities and figuring out how to prevent and minimize their impacts,” she continued. “This draft sends a terrible message that communities don’t matter, that oil and gas always comes first.”
The governor’s task force came about after ballot questions were floated for 2014 that would have authorized local governments to ban hydraulic fracturing. While the task force ended ballot discussions for 2014, future efforts remain on the table.
“We are concerned that after several meetings between impacted citizens and the Colorado Oil and Gas Conservation Commission, that the administration has chosen largely to ignore the needs and concerns of Colorado communities,” said Greeley resident Wendy Highby of Weld Air and Water, who has been leading efforts on the municipal level.
Recent court cases challenging local municipalities that have either banned fracking or gone beyond the state’s rulemaking authority have complicated the matter. The Colorado Supreme Court in September agreed to hear cases that would settle the authority question.
A clear path to avoiding ballot questions would be adoption of proposals recommended by local-control advocates. Those suggestions include prohibiting waste-injection facilities in residential neighborhoods, prohibiting operations near schools, allowing adjacent landowners to object to facilities requests and moving large facilities from residential areas, among others.
“These rules, as written, do not provide enough protections for Colorado families,” said Sara Barwinski, who served on the governor’s task force, representing Weld Air and Water. “I am afraid that once these rules are adopted, there will be more neighborhood drilling – not less.”
pmarcus@durangoherald.com
