The state water-quality control commission voted Tuesday to continue to require energy companies to stop dirt and debris from washing into nearby creeks and rivers.
While the move was cheered by Western Slope water users, it was a rebuff to the oil and gas industry.
The industry association had urged the commission to transfer stormwater runoff regulation to the Colorado Oil and Gas Conservation Commission.
Several water-quality commissioners said that although they were impressed that the oil and gas commission had recently adopted stringent stormwater rules, they were convinced that the state Department of Public Health and Environment was best qualified to enforce provisions of the Clean Water Act.
“It seems to me that we do have an opportunity to support collaboration of two state agencies, each doing what they do best,” said Commissioner Chris Wiant. “It’s OK – not only is it OK, it’s appropriate – to recognize this expertise.”
The Colorado decision comes after Congress exempted oil and gas operators from federal stormwater rules in the 2005 Energy Act.
Western Slope counties, water-conservation districts, farmers and environmental groups supported the rules, saying thousands of new oil and gas wells and connecting roadways are causing widespread erosion and fouling local waterways.
In the past five years, 13,800 well permits have been issued in the state, according to the state oil and gas commission.
“When it comes to the Colorado River, there’s just too much at stake not to regulate oil and gas runoff,” said Taylor Hawes, an attorney for the Colorado River Water Conservation District.
Karmen King, a toxicologist for the West Slope Water Network, told the commission that she found severe runoff problems at more than half the oil and gas well pads she visited in seven western Colorado counties.
The oil and gas association says most oil and gas operators do a good job of making sure nothing washes off new well pads.
The trade group sued the commission after it adopted new rules last March regulating runoff at new oil and gas sites of less than 5 acres. The lawsuit was put on hold until the commission reconsidered the rules after passage of the federal energy bill.
Ken Wonstolen, the association’s attorney, said it was too early to say whether the lawsuit would go forward now.
Staff writer Kim McGuire can be reached at 303-820-1240 or kmcguire@denverpost.com.
