HomeMy WebLinkAbout20071160.tiff kill KerrivtGee
Kerr-McGee Oil&Gas OnShore LP
1999 Broadway,Suite 3700,Denver,Colorado 80202
303-296-3600•Fax 303-296-3601
April 12, 2007
VIA FACSIMILE AND U.S. MAIL
Weld County Board of County Commissioners
915 10th St
P.O. Box 758
Greeley, CO 80632
Re: Correction of Legal Description—Prior Letter Dated April 9,2007
Union Pacific Railroad Company- Site Specific Development Plan and Use
by Special Review Permit
Union Pacific Railroad Company c/o Tony Love and Gregg Larsen,
Applicant
Township 3 North, Range 66 West, 6th P.M.
Sections 7: E/2E/2SW/4
Weld County, Colorado
Dear County Commissioners:
This letter is being sent to inform you that Kerr-McGee Oil & Gas Onshore LP
("KMG") holds valid and subsisting oil and gas lease rights in the captioned property.
KMG's rights may be adversely affected by the Site Specific Development Plan and Use
by Special Review Permit being proposed by Union Pacific Railroad Company. KMG is
submitting this comment and objection timely, in accordance with State of Colorado and
the Weld County's procedural requirements.
KMG's recorded oil and gas leases are real property interests entitling it to
produce oil and gas from the leased lands. The company has the right to produce from
existing wells, to maintain, rework, recomplete, and fracture those existing wells to
enhance production, and to drill new wells to produce oil and gas, in accordance with
applicable Colorado Oil and Gas Conservation Commission regulations and Colorado
Statutes. KMG's oil and gas assets have significant value, and the company is
consequently concerned about any development, surface use, plan of use, PUD, zoning or
rezoning, or other action by the County that would impair or preclude its ability to
develop its property.
KMG's preferred practice is to meet with surface owners and attempt to conclude
a mutually acceptable surface use agreement. It is essential that such an agreement be in
LC gl3
S/t/S�5
44/S/1-&5 2007-1160
Weld County Department of Planning
April 12, 2007
Page 2
place before the County approves the developer's application. However, as of this date,
KMG and Union Pacific Railroad Company have not concluded such an agreement.
KMG must object to any approval by the County of Union Pacific Railroad Company's
plans that fail to fully accommodate KMG's right to explore for, develop and produce oil
and gas from its leasehold interests. KMG requests that the County withhold final plat
approval until such time as the surface owner and KMG have concluded a surface use
agreement. Any future surface development plans should incorporate and designate lands
to be set aside for mineral development and expressly provide protection for KMG's
current and future well, pipelines, gathering lines and related oil and gas facilities and
equipment. Weld County has a constitutional obligation to ensure that the property rights
of mineral interest owners are accommodated in its land use planning process. Approval
of any surface development plan that forecloses the rights of mineral owners may be a
compensable taking.
Please contact me at 720-264-6772 if you have any questions or comments about
this matter. KMG hopes to conclude a mutually acceptable surface use agreement with
the surface owner of the property and looks forward to working with the County to
accomplish its land use planning goals.
Very truly yours,
KERR-McGEE OIL & GAS ONSHORE LP
4,4444.2,0+44._
Daniel Casper
Senior Staff Landman
cc: Union Pacific Railroad Company c/o Tony Love and Gregg Larsen —Applicant
(by U.S. Mail)
Joseph H. Lorenzo—Kerr-McGee Oil & Gas Onshore LP
Kevin Osif—Kerr-McGee Gathering LLC
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