The Crestone Eagle, November 2007:

Colorado Oil & Gas Conservation Commission begins hearings on new rules—BOCC evaluates benefits of new rules to Saguache County
by Lisa Cyriacks

The passage in 2007 of legislation (HB 1341, and HB 1298) requires the Colorado Oil & Gas Conservation Commission (COGCC) to promulgate new rules that are protective to public health, safety, and welfare, including the protection of the environment and wildlife resources. In August, Governor Ritter appointed new members to the COGCC, including representatives from the Colorado Department of Health and Environment (CDPHE) and Colorado Department of Natural Resources (DNR). Both of these representatives have been working full time on coordinating efforts to balance public health issues and concerns about the environment and wildlife resources with the economic development of mineral resources.

The Saguache County Commissioners recently took the opportunity to meet with Tresi Houpt, also a new appointee to the COGCC and a Garfield County Commissioner (Rifle-Silt-Newcastle-Roan Plateau). The commissioners and Ms. Houpt reviewed the timeline for the new rulemaking process in response to legislation (HB 1298 and HB 1341) and what options are available for the commissioners to have the concerns of the county heard by the COGCC board. The time line for final approval of new rules is June 2008.

At the meeting, Crestone Media presented an executive summary from the documentary they have been working on as an introduction to the issues at hand. The executive summary focused on interviews with government officials, landowners, and various agency representatives that highlighted the true costs of oil and gas development to local communities currently impacted by oil and gas development. The 20-minute video served to focus on the topic at hand: “What is the role of the county commissioners in addressing impacts from energy development and protecting the health, safety and quality of life for county residents?”

Ms. Houpt started by giving the commissioners an update on the rulemaking process that is required to provide the CDPHE and DNR the opportunity to provide comments and address concerns. HB 1298, concerning the conservation of wildlife habitat in connection with the development of oil and gas, focuses on objectives such as minimizing habitat fragmentation and loss, protection of high priority fish and wildlife habitats, minimizing traffic and other human activity impacts to wildlife, minimizing the footprint, and timely effective interim and final reclamation of impacted land. Voluntary efforts have not been sufficient to protect wildlife and fish resources. HB 1341 advocates responsible, balanced development, production, and utilization of the natural resources of oil and gas. This is a shift away from prioritizing the rights of private mineral interests to the detriment of surface owners.

Ms. Houpt, with her experience as a county commissioner in a county already dealing with these impacts and from her new role as a COGCC commissioner, prefaced her comments by commending the county and various organizations present for being proactive on addressing this issue. Commissioners Pace and Joseph invited Ms. Houpt to speak on how the county could most effectively engage in the COGCC process for reviewing permits. Houpt clarified. “It is the role of the Board of County Commissioners to call to the COGCC’s attention their concerns about potential adverse impacts that require mitigation. Without this effort by the county commissioners, the permit will end up on a consent agenda and passed with question.”

Ms. Houpt went on to emphasize the importance of the county finding a way to monitor ongoing permit applications and staffing to prepare for hearings with the COGCC on specific permits. Commissioner Joseph pointed out that Saguache County is the third poorest county in Colorado and ranks thirteenth poorest in the country. Ms. Houpt recommended, “In lieu of funding a position for that purpose, the county could rely on volunteer citizens’ groups.”

She strongly encouraged the commissioners to look to examples from other counties who had or were implementing regulations regarding the scope of authority and possibly requiring permitting fees to offset costs to the county. Commissioner Joseph reported that both county planning commissions have been working on oil and gas regulations for the land use code, using examples from other counties and the Oil and Gas Accountability Project’s model regulations. The Colorado Oil and Gas Accountability Project has already agreed to review the drafted regulations before the county commissioners approve and implement them.

Ms. Houpt emphasized that the new legislation not only gave the COGCC the ability to review social/economic impacts, impacts on infrastructure, public health and safety, wildlife and habitat, but the new legislation charges the oil and gas commission with incorporating rules to prevent and mitigate significant adverse environmental impacts on any air, water, soil, or biological resource resulting from oil and gas operations to the extent necessary to protect public health, safety, and welfare, including protection of the environment and wildlife resources, taking into consideration cost-effectiveness and technical feasibility of mitigative measures.

Commissioner Joseph ended the meeting by opening it to questions and comments from the people present. BGPOA representatives present encouraged the county commissioners to take every opportunity to engage in the COGCC permitting process and taking action to address added risks to residents of the Baca Grande subdivision and the Town of Crestone. Emergency services personnel expressed their concerns about increased fire danger and potential adverse impacts from chemicals typically used in fighting structural fires on rigs. Charlotte Bobicki, former Alamosa County Commissioner (and Ken Salazar’s Valley representative), expressed the idea of all six counties from the SLV working together to plan for impacts and share resources.

Ms. Houpt encouraged the county commissioners to work with their congressional representatives to design a comprehensive conservation plan for areas like the Baca National Wildlife Refuge that does not specifically fall under county jurisdiction.

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