County

Setback exceptions are the rule

RBC I After weeks of testimony and discussion, the Colorado Oil and Gas Conservation Commission (COGCC) gave preliminary approval on Jan. 9 to a broad set of new rules on oil and gas drilling that will do little to ease the concerns of hundreds of thousands of families living near drilling operations. In preparation for final COGCC approval on Jan. 24, Western Resource Advocates has examined the provisions at length to help Colorado families understand what to expect from the new regulations.
“Citizens and scientists both testified that drilling setbacks of 1,000 feet or more are needed to protect Colorado families living in the gas patch who are getting sick,” said Mike Chiropolos, chief counsel for the lands program at Western Resource Advocates and the lead representative for a coalition of environmental organizations involved in the rulemaking process. “With the exponential increase in drilling along the Front Range, 500-foot setbacks don’t cut it. Adding insult to injury, two of the exceptions could allow drilling even closer to residential areas than ever before.”
A groundbreaking new study by the Cooperative Institute for Research in Environmental Sciences (CIRES) at the University of Colorado affirmed the need for stronger rules than those approved by COGCC. Announced on Jan. 14, just days after the COGCC ruling, the CIRES report found that emissions from oil and natural gas drilling are responsible for more than half of compounds that lead to harmful ozone pollution in Erie, Colo. The study found that elevated levels of propane alone were 10 times the amount found in notoriously smoggy Pasadena, Calif., (http://cires.colorado.edu/news/press/2013/natgas.html).
With the COGCC board set to finalize new rules on Jan. 24, Western Resource Advocates examined the key rules and how to interpret them:
Setbacks
Prior regulations: Minimum setbacks of 150 feet in rural areas and 350 feet in urban areas.
New regulations: Minimum setbacks consolidated and increased to 500 feet, regardless of rural/urban designation. Additional 1,000 foot setback requirement for schools and hospitals.
Practical changes: The 1,000 foot setback for schools and hospitals can only be bypassed through a special hearing with COGCC, which offers some layer of protection from exception. But the 500-foot minimum setback includes two significant exceptions that could render the rule all but irrelevant:
The “Frack Your Neighbor Exception” surface use agreements with landowners can allow drilling sites to be pushed to the edge of a neighbor’s property line, even if that change moves the well closer to a residential area and inside the new 500-foot setback. People who live closest to drilling operations are at the greatest risk for health problems, and the “Frack Your Neighbor Exception” increases those risks.
The “Expansion Exception” existing active well locations are not subject to the new 500-foot setback, and “active well” size is not defined. Not only are active well pads grandfathered into the rules and not subject to a 500-foot setback, one active well pad can be expanded to include multiple different drill sites within the same well “pad.” In other words, drill sites that don’t yet exist are essentially grandfathered and exempted from the new rules.
Amid a boom in drilling activity in Colorado’s densely populated front range, Western Resource Advocates (WRA) argued for a minimum setback of 1,000 feet for residences and 1,500 feet for schools, hospitals, nursing homes and other similar facilities. These arguments were not without precedent; the State of Maryland requires 1,000 foot setbacks (without exception), and several towns in the heart of drilling in North Texas require setbacks of 1,500 feet.
“Why are we drilling and fracking inside city limits and residential neighborhoods in the first place?” said Chiropolos. “And why should the oil and gas industry have the ability to easily sidestep setback rules that COGCC claims are designed to protect the public?
“Imagine if we allowed railroads to be constructed through everybody’s backyard as long as they had permission from the owner of the big house on the corner. That’s similar to what these exceptions allow.”
Groundwater testing and monitoring
Prior regulations: None (some voluntary industry-designed programs were in operation).
New regulations: The COGCC approved new measures for baseline water testing and groundwater monitoring on Jan. 7. The rules require tests of up to four water wells with a half-mile of drilling sites, and two follow-up tests after drilling is completed. Western Resource Advocates has long argued for water quality testing as a critical health and safety measure in identifying potential contamination before it becomes widespread.
Practical changes: Baseline testing and monitoring is long overdue, but the state rejected a proposal based on science that had support from both industry (Shell) and environmentalists. Instead, the groundwater monitoring rule excludes the Wattenberg oil field, including parts of Boulder, Larimer and Adams county — areas that are very concerned about threats to groundwater. The provision only requires testing near the drilling location, and does not establish monitoring near more remote fracking locations.
The state legislature could improve this rule by imposing a “rebuttable presumption of liability” clause, shifting the risk of not testing water to the oil and gas industry. In the event of contamination, it should be the responsibility of the drilling company to prove that it did not cause the problem, rather than placing that burden on residents. Many prudent drilling operations are already testing all water sources as a good neighbor policy (and to protect their bottom line).
“A legislative fix to the water testing rule would put Colorado among the states that are serious about protecting their water,” said Chiropolos. “Colorado is an arid state facing increasing water scarcity. We need the strongest possible protections for our most precious resource. We need to safeguard existing aquifers and the people who rely on them every single day.”
“We hope Colorado will do more to protect the health of residents in the upcoming rulemaking process on emissions.”
Mike Chiropolos is the lead attorney in the fracking hearings on behalf of Conservation Colorado, Earthworks’ Oil and Gas Accountability Project, High Country Citizen’s Alliance, Natural Resources Defense Council, and San Juan Citizens Alliance. Follow us on Twitter @Wrad.
Western Resource Advocates is a regional nonprofit conservation organization dedicated to protecting the West’s land, air, and water. Offices or staff are located in Boulder, Phoenix and Tucson, Ariz.,, Pocatello, Idaho, Santa Fe, N.M., Carson City, Nev., and Salt Lake City. Visit www.WesternResourceAdvocates.org, follow us on Twitter @wradv and “LIKE” us on Facebook.

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  • It's that time again! Another edition of great local news stories is 
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  • It’s getting late, do you know where your kids are? Read all the Rio Happenings for this week in print or online at ht1885.com.
  • Mormon crickets have hatched near Rangely. They were all sighted on BLM land north of Hwy. 64 near the junction of CR 96 and CR 1, down a dirt road near the Moffat County line.  The picture shown was taken yesterday by Mary Meinen from Rangely. She says the crickets are about the size of a ladybug (less than 1/2”). Some of them are actually yellow in color but most of them are darker. They are milling around and getting ready to start moving soon. Note: Photo is not to scale.
Rio Blanco County and the White River and Douglas Creek Conservation Districts are still asking for your help to identify additional hatch-outs of crickets so that control efforts can be put in place. The success of the program will highly depend upon local landowners and the public helping to locate crickets as soon as they hatch.  See last week’s paper for a list of ways to help or contact the County Weed & Pest District at 970-878-9670 or the Conservation District office at 970-878-9838 with any questions. Website: www.WhiteRiverCD.com
  • Read part three of the story of M.T. Streeter in this week’s edition of History Lessons! Find it in this week’s edition and online at ht1885.com.
  • Meeker FFA Chapter members competed at the District Leadership Development Event in Craig, Colorado, this month. Top row from left to right: Eva Scritchfield, Charlie Rogers, Alan Rivera, Trent Sanders, Koy Weber, Orion Musser, Said Rodriguez, Carlos Carrillo, Aidan Tapia, Hayden Garcia, Tristan Rollins, Mathew Willey, Quentin Simpson. Middle row: Sidney Keetch, Aurora Stallings, Sydnie Ross, Ava Nay, Lili Piper, Leah Wood. Bottom Row: Jaicee Simmons, Kailynn Watson, Cody Richardson, Kayla Castillo, Braydin Raley, Autumn Stallings, Aimee Shults, Emily Hamm. Read the full story online at ht1885.com.
  • Choose-your-own-adventure…. Hear from our Editor in this week’s edition and online at ht1885.com.
  • A crew from the Flat Tops Chapter of the Rocky Mountain Elk Foundation joined forces last summer to remove obsolete fences to improve habitat for wildlife. Read the full story and the foundation’s update from their 30th Anniversary meeting in this week’s edition and online at ht1885.com.
  • Black Sulphur Tavern held a grand opening and ribbon cutting for their new business at 364 Seventh St. The space has been renovated with several TVs and games and provides a fun, friendly atmosphere to watch your favorite sports team and enjoy a burger and wings. Owners Frank Maestas and Pat Maestas are pictured with their new staff and Chamber of Commerce representatives Stephanie Hanson, Trudy Burri and Margie Joy. Follow Black Sulphur Tavern on Facebook. Their hours are Wednesday and Thursday 3-9 p.m., Friday 3 p.m. - 1 a.m., Saturday 11-1 a.m., Sunday 11 a.m. to midnight.
  • The winning teams and individuals for the 18th annual White River Community Association Buy-Fly Fishing Tournament are as follows. Individual top weight catch was Dave Metrovich and longest fish was Kevin Massey. First place team won by Rio Blanco Abstract: Erik Eckman, Adam Parrett, Dave Metrovich and Wayne Kirkpatrick. Second place team was Drake Consulting: Travis Kaiser, John Douglas, Tony Bartolomucci and Bob Brandeberry. Third place team Mr. Rogers and the Hood (accepted by Doug Rogers) Gary Rogers, Mark Beauchamp, Kyle Schutte and Rick Gunter. The white fish have been frozen and will be served at the annual White River Community Association fish fry fundraiser in June.
It's that time again! Another edition of great local news stories is 
🐰 Hopping 🐰 your way this morning! Catch up on everything thats 🐣 hatching 🐣 in Rio Blanco County this week.
Need a copy? Signing up is fast and easy! Visit our website at ht1885.com/subscribe to get a copy sent to your door every week! 
We appreciate all your continued support!
It's that time again! Another edition of great local news stories is 🐰 Hopping 🐰 your way this morning! Catch up on everything thats 🐣 hatching 🐣 in Rio Blanco County this week. Need a copy? Signing up is fast and easy! Visit our website at ht1885.com/subscribe to get a copy sent to your door every week! We appreciate all your continued support!
2 hours ago
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1/9
It’s getting late, do you know where your kids are? Read all the Rio Happenings for this week in print or online at ht1885.com.
It’s getting late, do you know where your kids are? Read all the Rio Happenings for this week in print or online at ht1885.com.
2 days ago
View on Instagram |
2/9
Mormon crickets have hatched near Rangely. They were all sighted on BLM land north of Hwy. 64 near the junction of CR 96 and CR 1, down a dirt road near the Moffat County line.  The picture shown was taken yesterday by Mary Meinen from Rangely. She says the crickets are about the size of a ladybug (less than 1/2”). Some of them are actually yellow in color but most of them are darker. They are milling around and getting ready to start moving soon. Note: Photo is not to scale.
Rio Blanco County and the White River and Douglas Creek Conservation Districts are still asking for your help to identify additional hatch-outs of crickets so that control efforts can be put in place. The success of the program will highly depend upon local landowners and the public helping to locate crickets as soon as they hatch.  See last week’s paper for a list of ways to help or contact the County Weed & Pest District at 970-878-9670 or the Conservation District office at 970-878-9838 with any questions. Website: www.WhiteRiverCD.com
Mormon crickets have hatched near Rangely. They were all sighted on BLM land north of Hwy. 64 near the junction of CR 96 and CR 1, down a dirt road near the Moffat County line. The picture shown was taken yesterday by Mary Meinen from Rangely. She says the crickets are about the size of a ladybug (less than 1/2”). Some of them are actually yellow in color but most of them are darker. They are milling around and getting ready to start moving soon. Note: Photo is not to scale. Rio Blanco County and the White River and Douglas Creek Conservation Districts are still asking for your help to identify additional hatch-outs of crickets so that control efforts can be put in place. The success of the program will highly depend upon local landowners and the public helping to locate crickets as soon as they hatch. See last week’s paper for a list of ways to help or contact the County Weed & Pest District at 970-878-9670 or the Conservation District office at 970-878-9838 with any questions. Website: www.WhiteRiverCD.com
2 days ago
View on Instagram |
3/9
Read part three of the story of M.T. Streeter in this week’s edition of History Lessons! Find it in this week’s edition and online at ht1885.com.
Read part three of the story of M.T. Streeter in this week’s edition of History Lessons! Find it in this week’s edition and online at ht1885.com.
3 days ago
View on Instagram |
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Meeker FFA Chapter members competed at the District Leadership Development Event in Craig, Colorado, this month. Top row from left to right: Eva Scritchfield, Charlie Rogers, Alan Rivera, Trent Sanders, Koy Weber, Orion Musser, Said Rodriguez, Carlos Carrillo, Aidan Tapia, Hayden Garcia, Tristan Rollins, Mathew Willey, Quentin Simpson. Middle row: Sidney Keetch, Aurora Stallings, Sydnie Ross, Ava Nay, Lili Piper, Leah Wood. Bottom Row: Jaicee Simmons, Kailynn Watson, Cody Richardson, Kayla Castillo, Braydin Raley, Autumn Stallings, Aimee Shults, Emily Hamm. Read the full story online at ht1885.com.
Meeker FFA Chapter members competed at the District Leadership Development Event in Craig, Colorado, this month. Top row from left to right: Eva Scritchfield, Charlie Rogers, Alan Rivera, Trent Sanders, Koy Weber, Orion Musser, Said Rodriguez, Carlos Carrillo, Aidan Tapia, Hayden Garcia, Tristan Rollins, Mathew Willey, Quentin Simpson. Middle row: Sidney Keetch, Aurora Stallings, Sydnie Ross, Ava Nay, Lili Piper, Leah Wood. Bottom Row: Jaicee Simmons, Kailynn Watson, Cody Richardson, Kayla Castillo, Braydin Raley, Autumn Stallings, Aimee Shults, Emily Hamm. Read the full story online at ht1885.com.
3 days ago
View on Instagram |
5/9
Choose-your-own-adventure…. Hear from our Editor in this week’s edition and online at ht1885.com.
Choose-your-own-adventure…. Hear from our Editor in this week’s edition and online at ht1885.com.
4 days ago
View on Instagram |
6/9
A crew from the Flat Tops Chapter of the Rocky Mountain Elk Foundation joined forces last summer to remove obsolete fences to improve habitat for wildlife. Read the full story and the foundation’s update from their 30th Anniversary meeting in this week’s edition and online at ht1885.com.
A crew from the Flat Tops Chapter of the Rocky Mountain Elk Foundation joined forces last summer to remove obsolete fences to improve habitat for wildlife. Read the full story and the foundation’s update from their 30th Anniversary meeting in this week’s edition and online at ht1885.com.
5 days ago
View on Instagram |
7/9
Black Sulphur Tavern held a grand opening and ribbon cutting for their new business at 364 Seventh St. The space has been renovated with several TVs and games and provides a fun, friendly atmosphere to watch your favorite sports team and enjoy a burger and wings. Owners Frank Maestas and Pat Maestas are pictured with their new staff and Chamber of Commerce representatives Stephanie Hanson, Trudy Burri and Margie Joy. Follow Black Sulphur Tavern on Facebook. Their hours are Wednesday and Thursday 3-9 p.m., Friday 3 p.m. - 1 a.m., Saturday 11-1 a.m., Sunday 11 a.m. to midnight.
Black Sulphur Tavern held a grand opening and ribbon cutting for their new business at 364 Seventh St. The space has been renovated with several TVs and games and provides a fun, friendly atmosphere to watch your favorite sports team and enjoy a burger and wings. Owners Frank Maestas and Pat Maestas are pictured with their new staff and Chamber of Commerce representatives Stephanie Hanson, Trudy Burri and Margie Joy. Follow Black Sulphur Tavern on Facebook. Their hours are Wednesday and Thursday 3-9 p.m., Friday 3 p.m. - 1 a.m., Saturday 11-1 a.m., Sunday 11 a.m. to midnight.
5 days ago
View on Instagram |
8/9
The winning teams and individuals for the 18th annual White River Community Association Buy-Fly Fishing Tournament are as follows. Individual top weight catch was Dave Metrovich and longest fish was Kevin Massey. First place team won by Rio Blanco Abstract: Erik Eckman, Adam Parrett, Dave Metrovich and Wayne Kirkpatrick. Second place team was Drake Consulting: Travis Kaiser, John Douglas, Tony Bartolomucci and Bob Brandeberry. Third place team Mr. Rogers and the Hood (accepted by Doug Rogers) Gary Rogers, Mark Beauchamp, Kyle Schutte and Rick Gunter. The white fish have been frozen and will be served at the annual White River Community Association fish fry fundraiser in June.
The winning teams and individuals for the 18th annual White River Community Association Buy-Fly Fishing Tournament are as follows. Individual top weight catch was Dave Metrovich and longest fish was Kevin Massey. First place team won by Rio Blanco Abstract: Erik Eckman, Adam Parrett, Dave Metrovich and Wayne Kirkpatrick. Second place team was Drake Consulting: Travis Kaiser, John Douglas, Tony Bartolomucci and Bob Brandeberry. Third place team Mr. Rogers and the Hood (accepted by Doug Rogers) Gary Rogers, Mark Beauchamp, Kyle Schutte and Rick Gunter. The white fish have been frozen and will be served at the annual White River Community Association fish fry fundraiser in June.
6 days ago
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9/9

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