Legislative legal advisers have given the green light to the majority of about 100 rules drafted by the Colorado Oil and Gas Conservation Commission, rejecting only three, including one requiring consultation on wildlife issues.
According to a legal opinion prepared for legislative leaders who will review and decide on the rules March 6, the commission has “broad general authority” to administer the Oil and Gas Conservation Act and, with three exceptions, the rules are OK.
Lawyers for the legislature recommended lawmakers or the commission reject a rule that would exempt oil and gas operators from being charged with a misdemeanor for falsifying compliance checklists, saying the commission doesn’t have the authority to grant an exemption. They also say the recommended rules fail to require that records be maintained at designated libraries.
The only major change was a rule that requires oil and gas operators to consult with the Division of Wildlife on minimizing adverse impacts to wildlife resources. Lawyers said the state put the duty to consult on the DOW, not operators, but the state disagreed, saying the ruling still requires operators to consult with the DOW in a separate rule that was upheld.
“The only difference with the other rule is the order in which they are to consult,” said Dave Neslin, the oil and gas commission’s acting director.
