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Failure of two initiatives to regulate drilling further is good for Colorado

Failure of two initiatives to regulate drilling further is good for Colorado

The Colorado Department of State announced Monday that two ballot initiatives intended to impose tougher rules on drilling and fracking had failed to make the ballot because supporters had not gathered enough valid signatures. That was good news. Taken together, those measures amounted to a fight we did not need to have – or pay for.

With that, the issue will inevitably head back to the Legislature. While Initiatives 75 and 78 were misguided in their particulars, they also reflected the real and legitimate concerns of many Coloradans. They should be respected and their worries addressed.

The two failed initiatives would not have done that well. Both would have amended the state constitution. Rules about drilling – like any regulations – should be subject to alteration as conditions, technology and needs change. The constitution should be about the structure and principals of state government, not mundane rule making.

Both initiatives were also troubling in their specifics. No. 78 would have prohibited drilling within 2,500 feet of any occupied building or other designated areas. Current rules include setbacks of 500 feet from homes and 1,000 feet from high-occupancy buildings like schools or hospitals.

According to an analysis by the Colorado Oil and Gas Conservation Commission, the proposed new setbacks would have put 90 percent of Colorado off limits to gas and oil development. In the top five producing counties, including La Plata County, that figure rises to 95 percent.

Initiative 78 could have effectively shut down an industry that has brought this state – and this county – welcome jobs and tax revenue. All that despite the fact that there is scant evidence the current rules are inadequate.

The companion piece, Initiative 75, would have given “local governments” the authority to enact rules governing drilling and fracking, and prohibited the state from overriding them. But Colorado has 64 counties and most include more than one municipality. How many different sets of rules would we end up with? And how many lawsuits?

The Legislature must address concerns about drilling and fracking – or face measures like these again. For now, though, we can live without 75 and 78.



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