Given the state legislature’s passage of Senate Bill 181, which mandated changes in its oil and gas regulations, the Colorado Oil & Gas Conservation Commission (COGCC) asked more than 200 local government entities in May whether each regulated siting of oil and gas locations; if it wanted COGCC to conduct its regulatory siting protocol before, after, or concurrent with the local government’s siting protocol; and if the local government has a moratorium on oil and gas development within its jurisdiction.
The idea was for COGCC to learn more about what local governments are doing already. The responses from 33 counties, 22 communities, and the East Cherry Creek Valley Water and Sanitation District provided some insights when the commission released them on June 24.
There obviously was a relationship between whether oil and gas was being produced already and where operations appeared unlikely any time soon.
To the question of whether the local government regulated oil and gas location siting already, 45 of the entities said they did and 19 said they did not. The city and county of Denver fell into the latter category.
As to when a local government would like COGCC to conduct its regulatory siting protocol, 25 entities said they would like the state’s process to occur concurrently with their own, 15 said they would like COGCC’s to come after, and 6 said they would like it to occur before their own.
Local governments asked some interesting questions. Pitkin County, for example, inquired as to whether COGCC is contemplating the use of memorandums of understating with local jurisdiction requesting them as a means of establishing basic standards for items like what constitutes a complete application to initiate a review.
Unincorporated Teller County said that if interest was received for any oil and gas development, a special use permit would be required as a minimum. If, and when, an application was received, the local government would determine COGCC participating and timing in the process at that time, it indicated.
More responses
The community of Windsor found use of the term “siting” misleading since COGCC dictates locational or siting requirements. “It would be more appropriate to ask local jurisdictions if they have an approval process for those aspects of oil and gas under their purview,” it said.
Johnstown, which said local government should go first, asked COGCC for clarity on its protocols and reviews, specifically what it reviewed and regulated and where gaps exist between new COGCC rules and local codes.
Garfield County responded that it does not regulate siting, except within a planned unit development or on flood plains. It does regulate certain tankage, pipeline and compressors.
