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La Plata County commissioners at odds over gas rules

Republican Brad Blake questions opposition expressed by colleagues

Republican La Plata County Commissioner Brad Blake is at odds with fellow county officials over proposed oil and gas rules being weighed by state regulators.

Blake took issue with statements last week from Democratic Commissioner Gwen Lachelt, who expressed disappointment with the Colorado Oil and Gas Conservation Commission’s rulemaking. Lachelt told The Durango Herald that the county opposes the rules.

But Blake said Lachelt does not speak for the county.

“In La Plata County, we have very stringent rules for gas and oil, and this would fall under our purview,” Blake said. “(Lachelt’s) the one that doesn’t like the rules.”

Lachelt served as co-chairwoman of an oil and gas task force appointed by Gov. John Hickenlooper to make recommendations on extending local control to governments. Lachelt – and others who sat on the task force with her – have publicly stated that the state’s oil and gas commission is missing the intention of the recommendations.

The first rule under consideration would require operators to consult with municipalities when building large facilities. The second rule would require operators to register with municipalities for planning purposes.

Lachelt found Blake’s comments surprising, reiterating that the county has taken an official position to oppose the rules.

“The board met with (county attorney) Todd Weaver and our senior staff to consider the county’s position on the rules a couple of months ago,” Lachelt said. “The position I stated is consistent with La Plata County’s position.”

Weaver confirmed that he was directed by the board to represent the county in its opposition before the COGCC. Weaver attended COGCC hearings in Denver last week.

“That was the direction I got from the Board of County Commissioners,” Weaver said.

County Commissioner Julie Westendorff, a Democrat, also confirmed that the three-member board raised the concerns with staff members when discussing the county’s position.

Lachelt added of Blake: “He was present when we decided that Todd (Weaver) would represent the county at the hearings and that we would file party status, both as an individual county and join the local government coalition to advocate for a stronger rule.”

Blake, however, said of Weaver attending the COGCC meetings: “I don’t know that he speaks for La Plata County. ... I’m not even sure why he was down there.”

The controversy revolves around counties being included with local towns and cities in the notification and consultation process for oil and gas operations.

Beyond that, the concern is that large-scale facilities would apply only to “urban mitigation areas,” defined as areas where oil and gas activities are within 1,000 feet of at least 22 homes, a school or hospital. Critics of the large-scale definition point out that it is narrow in scope, with a study highlighting that fewer than 1 percent of drill sites would fall under the proposed regulations.

The COGCC is expected to meet again in December to finalize the rules.

Christi Zeller, executive director of the La Plata County Energy Council, said urban areas requiring mitigation don’t really apply to La Plata County, as the county does not have much activity within those zones.

She added that there are memorandums of understanding with operators in those areas, including a quarterly notification process and updates when operations change.

“Give Durango their power, give Bayfield their power, give Ignacio their power, instead of usurping it by saying (counties) know what’s best for your municipality,” Zeller said.

She called it a “nonissue,” questioning why the county would spend resources opposing something with little impact.

“We just have been hearing for a year that La Plata County is out of money because of the price of gas, and here we go spending money on something that didn’t even really touch our residents,” Zeller said.

Blake agreed, adding: “We already have, as a county, the ability to do this. I don’t think these rules really have a bearing in La Plata County.”

pmarcus@durangoherald.com

Oct 9, 2015
Lachelt ‘gravely disappointed’ in proposed oil, gas rules


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