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Getting your player ready...

There has been an abundance of rhetoric lately surrounding Colorado’s natural gas and oil industry. While most elected officials are quick to acknowledge the important role our industry — the state’s largest economic contributor — plays in the “new energy economy,” the actions of several state agencies surrounding a rewrite of the Colorado Oil and Gas Commission’s (COGCC) rules send a different message.

Since the commission released its pre-draft rules in January, it and other state agencies have heard repeatedly that continuing to move forward in the direction set forth in that document could have dire consequences to our industry and communities throughout the state.

They have heard — and we hope they have listened.

They have heard from hundreds of Coloradans who participated in public meetings and submitted letters and comments. Local government officials, farmers, ranchers and business leaders have spoken passionately about the importance of our industry to the health of their communities, as well as about the dangers of over-regulation.

Regulators have also heard from our industry’s technical and geological experts, through thousands of hours of input during technical working groups. The state received volumes of real scientific data and facts on which any amendments to existing rules should obviously be based.

Specifically, the state has heard about numerous issues in the current draft rules that must be addressed to maintain a healthy oil and natural gas industry in the state. Among them:

  •  Scope of the rulemaking. The proposed rules represent a “one-size-fits-all” approach. But one size does not fit all in Colorado, which is blessed with five major producing basins, each with unique characteristics that vary drastically from area to area even in one basin. In effect, the proposed rules would supersede years of established rules and orders applicable to specific areas that have been thoughtfully developed and continually revised in close collaboration with local governments and should be maintained.
  •  Form 34. This is a proposed process that does not meet the statutory directive to establish a “timely and efficient procedure” for consultation with the Department of Public Health and Environment and the Division of Wildlife. Instead, this new process would include more than a dozen new studies, surveys, analyses, plans and scaled engineering drawings, and would be expensive and resource-intensive for both operators and state agencies.
  •  Wildlife. As currently written, proposed wildlife rules would arbitrarily create and impose new seasonal and surface occupancy restrictions on oil and natural gas operations, resulting in drastic economic impact. For example, shutting down drilling in Western Colorado’s Piceance Basin for two months each year would result in severance and ad valorem tax losses of between $20 million and $27 million per year. That estimate does not even consider the impact to industry employment and the effects on ancillary industries and services.
  •  Adjacent landowners. The current proposal grants new standing to adjacent landowners that would make surface-use agreements with directly affected surface owners meaningless, cause unnecessary delay, and create battles between adjacent owners that will result in litigation before the COGCC and in the courts.

    What does all of that mean? If adopted in their current form, the proposed rules would undoubtedly result in less tax revenue to local and state governments, increased costs to state government, unquantifiable delays and, most important, less production of the clean, locally produced natural gas Coloradans rely on as a key part of their affordable energy supply.

    All of this comes at a time when several independent economists report that one of the primary drivers keeping Colorado from following the country into a recession is the natural gas and oil industry, our good-paying jobs with great health-care benefits, and our substantial economic impact.

    The state has heard — and we hope that the rules scheduled to be released today reflect that they have listened.

    Meg Collins is president of the Oil and Gas Association.

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