WSERC Turns Out 70 people for COGCC Hearing in 2008 continued ...
The hearing was for public input on new rules proposed by the COGCC that would do a better job of controling the oil and gas industry in Colorado. The Colorado Oil and Gas Conservation Commission sets rules controlling oil and gas development in the state. For example, the commission determines how contaminated waste water should be handled so it doesn’t threaten water supplies and how close to someone’s house a developer can build wells and pumping stations. After years of domination by the oil and gas industry, the structure of the commission has been dramatically improved. In 2007, the Democratically-controlled legislature passed legislation that brought balance to the commission, revising its mission and reserving more spots for members with expertise in environmental or wildlife protection and local government. The law sets the goal of “responsible, balanced development” “consistent with protection of public health, safety, and welfare, including protection of the environment and wildlife resources.” HB 1341, the Colorado Oil and Gas Conservation Commission Re-organization Act, required the commission to rewrite oil and gas development regulations, and overall environmentalists are pleased with the draft rules. Matt Sura, gas organizer for Western Colorado Congress (WCC), visited WSERC in April and told our board, “After years of banging our heads against the wall, it’s exciting to be working on gas issues when so much is changing for the better.” If enacted, the draft rules will be the most sweeping overhaul of state mineral regulations in decades. The old rules were mostly drafted 20 or 30 years ago and need to be updated to control today’s boom in gas development and resulting effects on public health, the environment, and wildlife. Strong new rules for the first time could give human and environmental health equal standing with gas development. WSERC and its parent organization, Western Colorado Congress, have worked over the past two years to support the improved composition of the COGCC and the new members. We are now campaigning to build public support to make the new COGCC rules strong. The draft rules can be found at the Commission’s web site http://oil-gas.state.co.us/. The draft rules propose to: Prohibit oil and gas construction activities within 500 feet of sources of drinking water for a distance of 5 miles upstream of a public water supply intake. Require performance standards for activities within ½ mile of such sources: - Pitless drilling systems or containment of all drilling waste with impervious liners - Pre-drilling, post-drilling and follow-up water quality data collection. - Immediate notification of water supplier if a spill threatens a public water supply. Prohibit oil and gas construction activities within 300 feet of all streams in order to protect aquatic life. Restrict oil and gas development activities in key habitat areas during sensitive times for wildlife. Give local communities the right to create their own environmental rules for oil and gas. If adopted, these rules would be a huge step forward. However, WSERC and WCC believe they don’t go far enough. The Commission is making no change to the current rule that allows gas drilling as close as 150 feet from homes. This setback needs to be increased to at least 1,000 feet. Although the Commission is proposing new controls near drinking water supplies, including liners for contaminated waste-water pits, the Commission should require that drilling near drinking water supplies be done without waste pits and prohibit the use of toxic chemicals in drilling fluid. The draft rules lack meaningful standards and enforcement for cleaning up and revegetating land after a well is completed but still in production – a period that could last 25-30 years. The rules should require verifiable interim reclamation and provide an enforcement mechanism, such as requiring the posting of an interim reclamation bond, in order to avoid unnecessary scars on the landscape and habitat degradation. At the same time the environmental community is pushing for stronger rules to protect you and your environment, an army of gas-industry lobbyists is pushing to weaken them.
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