HomeMy WebLinkAbout20252656.tiffResolution
Approve Intergovernmental Agreement for Use of Weld County Oil and Gas Energy
Department Staff to Assist with 1041 Oil and Gas Location Assessment
Enforcement, and Authorize Chair to Sign — Town of Eaton
Whereas, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
Whereas, the Board has been presented with an Intergovernmental Agreement for the
Use of Weld County Department of Oil and Gas Energy Staff to Assist with 1041 Oil and
Gas Location Assessment Enforcement between the County of Weld, State of Colorado,
by and through the Board of County Commissioners of Weld County, on behalf of the
Department of Oil and Gas Energy, and the Town of Eaton, commencing upon full
execution of signatures, with further terms and conditions being as stated in said
agreement, and
Whereas, after review, the Board deems it advisable to approve said agreement, a copy
of which is attached hereto and incorporated herein by reference.
Now, therefore, be it resolved by the Board of County Commissioners of Weld County,
Colorado, that the Intergovernmental Agreement for the Use of Weld County Department
of Oil and Gas Energy Staff to Assist with 1041 Oil and Gas Location Assessment
Enforcement between the County of Weld, State of Colorado, by and through the Board
of County Commissioners of Weld County, on behalf of the Department of Oil and Gas
Energy, and the Town of Eaton, be, and hereby is, approved.
Be it further resolved by the Board that the Chair be, and hereby is, authorized to sign
said agreement.
The Board of County Commissioners of Weld County, Colorado, approved the above
and foregoing Resolution, on motion duly made and seconded, by the following vote on
the 24th day of September, A.D., 2025:
Perry L. Buck, Chair: Aye
Scott K. James, Pro-Tem: Aye
Jason S. Maxey: Aye
Lynette Peppier: Aye
Kevin D. Ross: Aye
Approved as to Form:
Bruce Barker, County Attorney
Attest:
Esther E. Gesick, Clerk to the Board
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2025-2656
OG0002
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: Weld County -Oil and Gas IGA Eaton
DEPARTMENT: OGED DATE: 9-19-25
PERSON REQUESTING: Brett A. Cavanagh
Brief description of the problem/issue:
Weld County and Eaton have agreed to execute an IGA for all future oil and gas development.
What options exist for the Board? Execute or not, see as a way to building stronger relationships and
transparency.
Consequences: none
Impacts: very minimal increase to workloads.
Costs (Current Fiscal Year / Ongoing or Subsequent Fiscal Years): no additional costs, all
captured in WOGLA application fees.
Recommendation: Please approve and sign
Support Recommendation Schedule
Place on BOCC Agenda Work Session Other/Comments:
Perry L. Buck
Scott K. James
Jason S. Maxey
Lynette Peppler
Kevin D. Ross
2025-2656
9/a4
0G -di Db07_
INTERGOVERNMENTAL AGREEMENT FOR USE OF WELD COUNTY OIL AND GAS
ENERGY DEPARTMENT STAFF TO ASSIST WITH 1041 OIL AND GAS LOCATION
ASSESSMENT ENFORCEMENT FOR THE TOWN OF EATON
THIS INTERGOVERNMENTAL AGREEMENT ("Agreement") is made and entered into
this Lt1441 day of SpFtlytbeIf , 2025, by and between the TOWN OF EATON, COLORADO,
a Colorado statutory municipality, by and through the Board of Trustees, with offices located at 223
1St Street, Eaton, CO 80615 (hereinafter referred to as "Town"), and COUNTY OF WELD,
COLORADO, a Colorado home rule county, by and through the Board of County Commissioners for
Weld County, with offices located at 1150 O Street, Greeley, Colorado 80632 (hereafter referred to
as "County"). The Town and County are also referred to herein each as a "Party" and together as
the "Parties."
WITNESSETH
WHEREAS, intergovernmental agreements to provide functions or services, including the
sharing of costs of such services or functions, by political subdivisions of the State of Colorado, are
specifically authorized by C.R.S. § 29-1-203, and other sections of the Colorado Revised Statutes;
and
WHEREAS, the Town desires assistance with 1041 Oil and Gas Location Assessment
regulations and hearings; and
WHEREAS, Weld County has an established Oil and Gas Energy Department (hereinafter
referred to as "OGED") that regularly enforces 1041 regulations and conducts 1041 hearings; and
WHEREAS, Weld County is willing and able to share the services of its Oil and Gas Energy
Department with the Town pursuant to the terms of this Agreement, in order to assist the Town with
1041 regulations and hearings.
NOW, THEREFORE, in consideration of the mutual promises and covenants expressed
herein, Weld County and the Town hereby agree as follows:
AGREEMENT
1. Sharing of County Oil and Gas Energy Department 1041 Services: The County agrees
to have its OGED staff spend a portion of their time, as needed, assisting the Town with
implementation of 1041 regulations including, but not limited to, processing 1041 Oil and Gas
Location Assessment Applications (each an "Application"), conducting 1041 hearings on
behalf of and in coordination with the Town, re-evaluating an Application or Final Order,
re -hearing an Application in front of the OGED Hearing Officer, holding a suspension or
revocation hearing, conducting regular or continuing inspections, and other enforcement
activities. The County will review drainage reports submitted with well applications,
ensure compliance with floodplain regulations, issue grading permits for oil and gas sites,
and review for general land use conflicts.
2. Town's Development Review: The Town shall be responsible for ensuring all the Town's
resolutions, ordinances, codes, regulations, agreements, or other enactments of the Town are
adhered to by applicants who submit an Application to the County and the Town. In
Page 1 of 5
addition, the Town shall be responsible for making the final determination of whether to
approve, deny, or come to another decision for each Application submitted to the County
and Town. The Town will be responsible for access permits, road maintenance
agreements, right-of-way permits, transport permits, building permits, and review for
general land use conflicts.
3. Cost and Reimbursement:
a. Application Fees and Processing. The County's costs to provide OGED staff time
and services on each Application in accordance with this Agreement shall be
covered and defrayed by the applicant's payment of the County's 1041 application
fee directly to the County, and the Town's costs for Application review services
and staff time shall be covered and defrayed by the applicant's payment of the
Town's application fee directly to the Town.
b. Enforcement and Other Services. County and Town will each bear their own
costs for enforcement activities, inspections, and other services related to regulation
of approved 1041 permits. County and Town agree to cooperate as necessary to
protect the health, safety, and welfare of the people in both Town and County
regarding Oil and Gas activities.
4. Term: The Agreement becomes effective upon signature of the County and the Town. The
term of this Agreement shall be from the date of signature hereunder to and until December
31, 2025, after which time this Agreement shall automatically renew from year to year,
unless terminated sooner pursuant to the terms and conditions set forth in this Agreement.
5. Termination: This Agreement may be unilaterally terminated by any Party with or without
cause by providing ninety (90) days' written notice to the other Party.
6. Assignment: No Party may assign this Agreement without prior written consent from the
other Party.
7. Compliance with Laws: The County and the Town agree to comply with the applicable
provisions of all federal, state, or local laws or ordinances and all lawful orders, rules, and
regulations issued thereunder, and any provisions, representations or agreements, or
contractual clauses required thereby to be included or incorporated by reference or
operation of law in this Agreement.
8. Modification: This Agreement contains the entire Agreement and understanding between
the Parties and hereby supersedes any other agreements concerning the subject matter of this
transaction, whether oral or written No modification, amendment, novation, renewal, or
other alteration of or to this Agreement shall be deemed valid or of any force or effect
whatsoever, unless mutually agreed upon in writing by the Parties. No breach of any term,
provision or clause of this Agreement shall be deemed waived or excused, unless such
waiver of consent shall be in writing and signed by the Party claimed to have so waived or
consented. Any consent by any Party to, or waiver of, a breach by the other, whether express
or implied, shall not constitute a consent, waiver of, or excuse for any other different or
Page 2 of 5
subsequent breach.
9. Governmental Immunity: No portion of this Agreement shall be deemed a waiver,
express or implied, of any immunities, rights, benefits, protections, or other provisions
which a Party, or its officers, employees, or agents, may possess pursuant to the Colorado
Governmental Immunity Act, C.R.S. §§ 24-10-101 et seq., as applicable now or hereafter
amended.
10. $everability: If any section, subsection, paragraph, sentence, clause, or phrase of this
Agreement is for any reason held or decided to be invalid or unconstitutional, such a
decision shall not affect the validity of the remaining portions. The parties hereto declare that
they would have entered into this Agreement and each and every section, subsection,
paragraph, sentence, clause, and phrase thereof, irrespective of the fact that any one or more
sections, subsections, paragraphs, sentences, clauses, or phrases might be declared to be
unconstitutional or invalid.
11. Third Party Beneficiary Enforcement: It is expressly understood and agreed that the
enforcement of the terms and conditions of this Agreement, and all rights of action relating
to such enforcement, shall be strictly reserved to the undersigned Parties and nothing in this
Agreement shall give or allow any claim or right of action whatsoever by any other party not
included in this Agreement. It is the express intention of the undersigned Parties that any
entity other than the undersigned Parties receiving services or benefits under this Agreement
shall bean incidental beneficiary only.
12. Parties' Relationship, The Parties to this Agreement intend that the relationship between
them contemplated by this Agreement is that of independent entitles working in mutual
cooperation. Employees, staff, and agents of any one Party hereto are not to be considered
employees, staff, or agents of any other Party hereto for any purposes and said persons may
not hold themselves out as employees or agents of any other Party hereto or otherwise make
any representation or commitment on behalf of any other Party hereto. No Party shall be in
any way required to provide any pecuniary benefits, salaries, wages, or fringe benefits to
employees, staff, or agents of the other Party.
13. No Guarantee by Weld County: The Town acknowledges that although the goal of
services to be performed by the OGED is to confirm compliance with all current 1041
regulations for all Applications, County makes no guarantee as to the effectiveness of such
services in achieving such goal.
14. Notice: Any notice to be given under this Agreement shall either be hand delivered, with
signed receipt, or mailed to the Party to be notified at the address set forth herein, with signed
receipt, or sent by electronic mail on the condition that the intended recipient acknowledges
receipt thereof, until such time as written notice of a change is received from the Party
wishing to make a change of address. Any notice so mailed and any notice served by
personal delivery or electronic mail shall be deemed delivered and effective upon receipt or
upon attempted delivery.
Page 3 of 5
Any demand or notice to either Party may be given to the other Party by addressing the written
notice to:
County:
Town:
Weld County
Attn: Director, Oil & Gas Energy Department
1402 N 17th Avenue
Greeley, CO 80631
Email: oged@weld.gov
Town of Eaton
Attn: Town Administrator
223 1St Street
Eaton, CO 80615
Email: wesleyta eatonco.ort;; townofeatona eatonco.org
Signature page following
Page 4 of 5
BOARD OF COUNTY COMMISSIONERS, WELD COUNTY, COLORADO
Perry Ljuck, Chair
SEP 2 4 2025
ATTEST:,/j„.001#44) G: •(C.0'
Weld County Clerk to the Board
BY:
Approved as to Form:
PlaalAr CA,11A 14
Weld County Attorney
TOWN OF EATON, COLORADO
Scott E. Moser, Mayor
ATTEST:
Margareane Winter, Town Clerk
Page 5 of 5
Z p ZS - Z lv3lo
Houstan Aragon
From:
Sent:
To:
Cc:
Subject:
Cheryl Pattelli
Monday, September 22, 2025 11:37 AM
Brett Cavanagh; Houstan Aragon; Bruce Barker; Karin McDougal; Matthew Conroy;
Byron Howell; Adria Schiel; Will Grumet; Rusty Williams
CTB
RE: SIGNATURE REVIEW: IGA for Use of WC OGED Staff to Assist with 1041 WOGLA
Assessment Enforcement, Town of Eaton
Thanks, Brett. I appreciate the explanation!
I approve for placement on the BOCC meeting agenda from Finance's end.
From: Brett Cavanagh <bcavanagh@weld.gov>
Sent: Monday, September 22, 2025 11:33 AM
To: Houstan Aragon <haragon@weld.gov>; Bruce Barker <bbarker@weld.gov>; Karin McDougal
<kmcdougal@weld.gov>; Matthew Conroy <mconroy@weld.gov>; Byron Howell <bhowell@weld.gov>; Adria Schiel
<aschiel@weld.gov>; Will Grumet <wgrumet@weld.gov>; Cheryl Pattelli <cpattelli@weld.gov>; Rusty Williams
<rwilliams@weld.gov>
Cc: CTB <CTB@co.weld.co.us>
Subject: RE: SIGNATURE REVIEW: IGA for Use of WC OGED Staff to Assist with 1041 WOGLA Assessment Enforcement,
Town of Eaton
As Colorado's oil and gas regulations grow more complex under the Energy and Carbon Management Commission
(ECMC), Weld County's Oil and Gas Energy Department (OGED) is uniquely positioned to support the Town of Eaton. Our
team brings proven expertise in permitting, cumulative impact assessments, and stakeholder engagement, while also
providing on -the -ground field inspections to ensure compliance and accountability. By partnering with OGED, Eaton can
save time, reduce costs, and gain access to a team already performing this work across the county, streamlining
processes, strengthening community trust, and ensuring projects meet both regulatory obligations and local
expectations.
@Cheryl Pattelli
To answer your question, there are no additional fees associated with this process beyond the County's standard
permitting fees and any fees tied to amendments, violations, or related administrative actions. Importantly, this
approach does not impose any new financial burden on the County. Rather, it represents a strategic investment in
building strong, collaborative relationships with municipalities throughout Weld County. By formalizing these
partnerships through an IGA, we strengthen our regulatory framework, align more closely with ECMC (state)
requirements, and create clearer, more predictable pathways for operators and local stakeholders alike.
These partnerships provide tangible benefits: they foster trust, streamline communication, and enhance our ability to
address community concerns proactively. They also position Weld County as a leader in effective, coordinated oil and
gas oversight, showcasing our commitment to transparency, efficiency, and public accountability. In short, this process is
not only cost -neutral but strategically advantageous, ensuring that the County maintains authority, strengthens
collaboration with municipalities, and continues to set the standard for responsible energy development. This is an
opportunity to demonstrate forward -thinking leadership while providing clarity and consistency for all parties involved.
Thanks,
COUNTY, CO
Brett A. Cavanagh, MBA
Director
Oil and Gas Energy Department
Desk: 970-400-3579
1402 N 17th Ave, Greeley, CO 80631
Olio ®O
Join Our Team
IMPORTANT: This electronic transmission and any attached documents or other writings are intended only for the
person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise
protected from disclosure. If you have received this communication in error, please immediately notify sender by return
e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the
contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
From: Houstan Aragon <haragon@weld.gov>
Sent: Monday, September 22, 2025 11:18 AM
To: Bruce Barker <bbarker@weld.gov>; Karin McDougal <kmcdougal@weld.gov>; Matthew Conroy
<mconroy@weld.gov>; Byron Howell <bhowell@weld.gov>; Adria Schiel <aschiel@weld.gov>; Will Grumet
<wgrumet@weld.gov>; Cheryl Pattelli <cpattelli@weld.gov>; Rusty Williams <rwilliams@weld.gov>; Brett Cavanagh
<bcavanagh@weld.gov>
Cc: CTB <CTB@co.weld.co.us>
Subject: SIGNATURE REVIEW: IGA for Use of WC OGED Staff to Assist with 1041 WOGLA Assessment Enforcement, Town
of Eaton
Importance: High
Good morning,
Please review and advise as to placement on the Wednesday, September 24, 2025, Agenda. Please
also remember to reply -all to this email.
Brett — Please Approve as to Department Head for Substance of Agreement
Cheryl/Rusty - Please Approve as to Finance
Legal - Please Approve as to Form
Thank you,
COUNTY, CO
Houstan Aragon
Deputy Clerk to the Board
Desk: 970-400-4224
P.O. Box 758, 1150 O St., Greeley, CO 80632
O® 0 ®O
2
Join Our Team
IMPORTANT: This electronic transmission and any attached documents or other writings are intended
only for the person or entity to which it is addressed and may contain information that is privileged,
confidential or otherwise protected from disclosure. If you have received this communication in error,
please immediately notify sender by return e-mail and destroy the communication. Any disclosure,
copying, distribution or the taking of any action concerning the contents of this communication or any
attachments by anyone other than the named recipient is strictly prohibited.
3
Houstan Aragon
From:
Sent:
To:
Cc:
Subject:
This Looks good from my end.
Matt Conroy
Assistant Weld County Attorney
1150 O Street
P.O. Box 758
Greeley, CO 80632
(970) 400-4393
Matthew Conroy
Monday, September 22, 2025 2:33 PM
Brett Cavanagh; Cheryl Pattelli; Houstan Aragon; Bruce Barker; Karin McDougal; Byron
Howell; Adria Schiel; Will Grumet; Rusty Williams
CTB
RE: SIGNATURE REVIEW: IGA for Use of WC OGED Staff to Assist with 1041 WOGLA
Assessment Enforcement, Town of Eaton
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is attorney privileged and confidential, or
otherwise protected from disclosure. If you have received this communication in error, please immediately notify
sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action
concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly
prohibited.
From: Brett Cavanagh <bcavanagh@weld.gov>
Sent: Monday, September 22, 2025 11:38 AM
To: Cheryl Pattelli <cpattelli@weld.gov>; Houstan Aragon <haragon@weld.gov>; Bruce Barker <bbarker@weld.gov>;
Karin McDougal <kmcdougal@weld.gov>; Matthew Conroy <mconroy@weld.gov>; Byron Howell <bhowell@weld.gov>;
Adria Schiel <aschiel@weld.gov>; Will Grumet <wgrumet@weld.gov>; Rusty Williams <rwilliams@weld.gov>
Cc: CTB <CTB@co.weld.co.us>
Subject: RE: SIGNATURE REVIEW: IGA for Use of WC OGED Staff to Assist with 1041 WOGLA Assessment Enforcement,
Town of Eaton
Thank you Cheryl.
Appreciate it.
COUNTY, c0
Brett A. Cavanagh, MBA
Director
Oil and Gas Energy Department
Desk: 970-400-3579
1402 N 17th Ave, Greeley, CO 80631
ONG 00
Join Our Team
IMPORTANT: This electronic transmission and any attached documents or other writings are intended only for the
person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise
protected from disclosure. If you have received this communication in error, please immediately notify sender by return
e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the
contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
From: Cheryl Pattelli <cpattelli@weld.gov>
Sent: Monday, September 22, 2025 11:37 AM
To: Brett Cavanagh <bcavanagh@weld.gov>; Houstan Aragon <haragon@weld.gov>; Bruce Barker <bbarker@weld.gov>;
Karin McDougal <kmcdougal@weld.gov>; Matthew Conroy <mconroy@weld.gov>; Byron Howell <bhowell@weld.gov>;
Adria Schiel <aschiel@weld.gov>; Will Grumet <wgrumet@weld.gov>; Rusty Williams <rwilliams@weld.gov>
Cc: CTB <CTB@co.weld.co.us>
Subject: RE: SIGNATURE REVIEW: IGA for Use of WC OGED Staff to Assist with 1041 WOGLA Assessment Enforcement,
Town of Eaton
Thanks, Brett. I appreciate the explanation!
I approve for placement on the BOCC meeting agenda from Finance's end.
From: Brett Cavanagh <bcavanagh@weld.gov>
Sent: Monday, September 22, 2025 11:33 AM
To: Houstan Aragon <haragon@weld.gov>; Bruce Barker <bbarker@weld.gov>; Karin McDougal
<kmcdougal@weld.gov>; Matthew Conroy <mconroy@weld.gov>; Byron Howell <bhowell@weld.gov>; Adria Schiel
<aschiel@weld.gov>; Will Grumet <wgrumet@weld.gov>; Cheryl Pattelli <cpattelli@weld.gov>; Rusty Williams
<rwilliams@weld.gov>
Cc: CTB <CTB@co.weld.co.us>
Subject: RE: SIGNATURE REVIEW: IGA for Use of WC OGED Staff to Assist with 1041 WOGLA Assessment Enforcement,
Town of Eaton
As Colorado's oil and gas regulations grow more complex under the Energy and Carbon Management Commission
(ECMC), Weld County's Oil and Gas Energy Department (OGED) is uniquely positioned to support the Town of Eaton. Our
team brings proven expertise in permitting, cumulative impact assessments, and stakeholder engagement, while also
providing on -the -ground field inspections to ensure compliance and accountability. By partnering with OGED, Eaton can
save time, reduce costs, and gain access to a team already performing this work across the county, streamlining
processes, strengthening community trust, and ensuring projects meet both regulatory obligations and local
expectations.
@Cheryl Pattelli
To answer your question, there are no additional fees associated with this process beyond the County's standard
permitting fees and any fees tied to amendments, violations, or related administrative actions. Importantly, this
approach does not impose any new financial burden on the County. Rather, it represents a strategic investment in
building strong, collaborative relationships with municipalities throughout Weld County. By formalizing these
partnerships through an IGA, we strengthen our regulatory framework, align more closely with ECMC (state)
requirements, and create clearer, more predictable pathways for operators and local stakeholders alike.
2
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