Thursday, July 19, 2012

Loophole in state law could bypass Longmont’s new oil and gas regs

By Joel Dyer
Boulder Weekly

On July 17, Longmont City Council finally took the bold step of passing new oil and gas regulations that are actually stricter than current state laws. The Longmont ordinance requires a minimum of 750-foot setbacks from occupied structures, compared with the state’s 350-foot requirement, and Longmont’s new regs also prohibit drilling in residential areas of the city.

It all sounds good, but a recently discovered loophole in state laws may severely hinder any benefits that might have come from the city’s new rules.

During Tuesday’s spirited debate among the members of council, those opposed to the section of the ordinance that prevents drilling in residential areas — more particularly councilmembers Bonnie Finley, Katie Witt and Gabe Santos — repeatedly expressed their belief that the residential prohibition section of the ordinance was unnecessary because no company was ever going to be drilling in residential areas in Longmont. This view stemmed from the belief that the density of residential areas is such that no company could meet even the state’s existing setback requirements in order to drill a well.

It makes sense, except for one thing. It’s completely wrong, because the Colorado Oil and Gas Conservation Commission (COGCC) has a loophole that trumps all setback requirements.

This loophole was recently unearthed by the research of Shane Davis, at large executive committee member and information and research manager for the Colorado chapter of Sierra Club, and was presented before a joint city council study session in Loveland on June 12.

Over the course of a year-long investigation into why some wells were seemingly drilled in violation of state law — more than 4,000 active wells in Colorado are closer to a structure than the state’s required 350-foot setback — Davis found that the COGCC’s setback laws don’t apply to previously existing wells, including those that have been abandoned over time.



  1. Great work Shane! It's amazing that our State would continue to operate under the radar knowing they created a loophole that harms people! It's a shame on all levels.

  2. Jesus H Christ! Only in America can we have loophole after loophole after loophole!

    Dave - Longmont, CO

  3. I think it would be a good idea to write letters to Thom Kerr, acting director of COGCC and express concerns. I understand that he is largely responsible for the legal handiwork in many of the regulations, and for the lack of implementation of independent oversight.


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