Colorado Oil and Gas Conservation Commission grapples with local-control issues

Consensus elusive in setting well standards
A drilling rig south of Durango works at an existing well pad near U.S. Highway 550. State oil and gas regulators are weighing proposed rules with the aim of offering more local control over some oil and gas sites. The commission continues to grapple with finding consensus.

DENVER – State oil and gas regulators have stripped operational time limits from proposed oil and gas rules, as they prepare a revised draft for consideration.

After three days of hearings held by the Colorado Oil and Gas Conservation Commission, regulators are still grappling with finding consensus.

A revised draft of rules will be available before a Jan. 25 meeting. Written comments will be taken once the revised draft is available. The hope is for the commission to finally take a vote at its Jan. 25 meeting.

COGCC Director Matt Lepore caused a bit of a stir Monday suggesting stripping operational duration limits from the proposed rules. A state legal opinion helped seal the decision, stating that the COGCC already has the authority to impose limits.

The aim was to curb operational activities for large facilities within neighborhoods.

The definition for large facilities is connected to “urban mitigation areas,” which include areas within 1,000 feet of at least 22 homes, a school or a hospital.

La Plata County joined an alliance of several Front Range governments in opposing stripping the time limits from consideration.

“The duration limits are exceedingly important, and we should be spending our time talking about how to make them work better,” said Kim Sanchez, chief planner for Boulder County, who spoke on behalf of the group that includes La Plata County.

But energy interests in La Plata County, including the La Plata County Energy Council, say La Plata County has nothing in common with those Front Range cities and counties.

The industry says time limits don’t make sense because operators might have to come back at a later time to finish work, which would only come at a greater disadvantage.

COGCC Commissioner DeAnn Craig agreed, adding: “I’m very nervous about these duration limits, particularly during the drilling phase ... Having some deadline is a safety issue with me ... You need the flexibility to adequately drill that hole.”

The Colorado Supreme Court on Wednesday will hear arguments in a battle over whether local governments can overstep the state’s authority to impose stricter rules.

In an effort to address local-control concerns, the first rule under consideration by the COGCC would require operators to consult with municipalities when building large facilities.

The second rule would require operators to register with municipalities for planning purposes.

There’s been a divide between La Plata County commissioners over the rules. Republican La Plata County Commissioner Brad Blake pointed out that urban areas don’t really apply to La Plata County, as the county does not have much activity within those zones.

Meanwhile, Democrat Gwen Lachelt has pushed for broader county control in the rules.

pmarcus@durangoherald.com