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La Plata County raises concerns with Colorado Oil and Gas Conservation Commission rules

La Plata County deputy attorney: Rules will not satisfy citizens’ concerns

DENVER – La Plata County is pushing back against proposed oil and gas rules being weighed by state regulators, suggesting that the proposals don’t go far enough.

The Colorado Oil and Gas Conservation Commission held a second day of hearings Tuesday to discuss recommendations made by a previous oil and gas task force convened by Gov. John Hickenlooper.

Hearings are expected to continue in early December.

The goal of the task force, which was co-chaired by La Plata County Commissioner Gwen Lachelt, was to implement recommendations in order to strike a compromise to avoid costly ballot questions. But between local governments, environmental groups and industry operators, that compromise still seems far away.

La Plata County believes the COGCC has missed the intent of the task force, which was to offer greater local control to governments across Colorado.

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

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 less than 1 percent of drill sites would fall under the regulations.

Several governments, including La Plata County, are asking for a separation between large-scale and urban mitigation.

“The rules that have been proposed are not going to satisfy the general citizens’ concerns,” said La Plata County Deputy Attorney Todd Weaver, who attended the COGCC hearings in Denver on Monday and Tuesday.

Weaver added that most of those concerns are along the Front Range, as La Plata County does not have much activity within urban mitigation areas, thereby doing little to expand the county’s authority over operators outside those urban zones.

La Plata County also believes all counties should be included in the mandate to consult and register with local governments, as opposed to just requiring communication between towns and cities.

“This is going to make very little difference when it comes to siting of large-scale facilities anywhere in Colorado,” Weaver said.

Specifically for La Plata County he added: “We just don’t have these type of big facilities anywhere near the more dense population.”

Lachelt sent a letter to the COGCC on behalf of herself and seven other task force members, suggesting that the COGCC has misinterpreted the intentions of the task force. She said the letter also underscores the views of La Plata County.

“Please ensure that the rule can provide relief for all Coloradans when these large, industrialized facilities are proposed near their homes and schools,” Lachelt wrote in the letter. “We hope and expect that the words and intent of (the recommendation) will be given full effect in the new rules adopted by the COGCC.

“It is incumbent upon COGCC to prevent and minimize the impact of oil and gas facilities on people and the environment,” Lachelt added in comments to The Durango Herald on Tuesday. “Even small, one-well facilities can have a tremendous impact on a home, neighborhood or school.”

pmarcus@durangoherald.com



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