HomeMy WebLinkAbout20193813.tiffUTrg
1l GO_UNT�
August 21, 2019
Jeff Robbins, Director
Colorado Oil and Gas Conservation Commission
1120 Lincoln Street, Suite 801
Denver, CO 80203
OFFICE OF BOARD OF COMMISSIONERS
PHONE: 970-336-7204
FAX: 970-336-7233
1150 O STREET
P.O. BOX 758
GREELEY, COLORADO 80632
Re: COGCC Compliance with C.R.S. §24-65.1-108
Director Robbins:
As you are aware, Weld County's 1041 regulations addressing oil and gas development in the
unincorporated area of Weld County became effective August 5, 2019. The Board of County
Commissioners of Weld County designated the unincorporated area of Weld County as a mineral
(oil and gas) resource area of state interest pursuant to Section 24-65.1-202(1), C.R.S.
One of the new 1041 regulations, Weld County Code Section 21-5-30 J., states the following:
Sec. 21-5-30. Applicability and General Rules.
J. The review, consideration and issuance of a 1041 WOGLA is an administrative hearing
process and is exempt from the definition of development set forth in the agreements
contained in Chapter 19 of the Weld County Code. However, oil and gas exploration
and extraction in Weld County is considered development as that term is defined in
Section 24-65.1-102(1), C.R.S. As such, Section 24-65.1-108, C.R.S., is applicable to
permitting of oil and gas development in Weld County. (Emphasis added.)
Section 24-65.1-108, C.R.S., addresses the requirements of state permitting within local
jurisdictions' designated areas of state interest:
(1) Whenever any person desiring to carry out development as defined in section 24-65.1-102(1)
is required to obtain a permit, to be issued by any state agency or commission for the purpose
of authorizing or allowing such development, pursuant to this or any other statute or
regulation promulgated thereunder, such agency or commission shall establish a reasonable
time period, which shall not exceed sixty days following receipt of such permit
application, within which such agency or commission must respond in writing to the
applicant, granting or denying said permit or specifying all reasonable additional
information necessary for the agency or commission to respond. If additional information
crec\orl ccA.t- i s r\ 8-
3013-38-13
Letter, COGCC Director Jeff Robbins
August 20, 2019
Page 2
is required, said agency or commission shall set a reasonable time period for response
following the receipt of such information. (Emphasis added.)
(2) Whenever a state agency or commission denies a permit, the denial must specify:
(a) The regulations, guidelines, and criteria or standards used in evaluating the application;
(b) The reasons for denial and the regulations, guidelines, and criteria or standards the
application fails to satisfy; and
(c) The action that the applicant would have to take to satisfy the state agency's or
commission's permit requirements.
The letter from Kyle Davenport, Senior Assistant Attorney General, addressed to Weld County
Attorney Bruce Barker, dated July 22, 2019, cites Section 24-65.1-108, C.R.S., for the
proposition that state commissions, including the Colorado Oil and Gas Conservation
Commission (COGCC), "may require permits for development in areas designated by local
governments as areas of state interest." As you stated in your Notice to Operators of July 22,
2019, operators pursuing oil and gas developments in local jurisdictions with 1041 regulations in
place still need to file Form 2's and 2A's with the COGCC. Thus, although the Board of County
Commissioners has taken the necessary legal steps to regulate oil and gas development in Weld
County pursuant to its 1041 regulations, operators must also obtain approved COGCC permits in
order to commence operations.
The Board of County Commissioners expects the COGCC to comply with the Section 24-65.1-
108, C.R.S., sixty (60) day time requirement pertaining to all Forms 2 and 2A applications
pending on and after August 5, 2019, for proposed oil and gas locations within Weld County. As
of today, the COGCC online dashboard shows 4,919 Form 2 applications and 392 Form 2A
applications pending at the COGCC. Admittedly, some of those applications are for oil and gas
locations within municipalities; however, the vast majority are for locations in the
unincorporated area of Weld County. Some of these applications have been pending since
March, 2017. Operators deserve to have their pending applications be resolved by the COGCC,
as required by Section 24-65.1-108, C.R.S.
If you have any questions or wish to discuss, please contact Mr. Barker at (970) 400-4390.
Letter, COGCC Director Jeff Robbins
August 20, 2019
Page 3
Sincerely,
BOARD OF' COUNTY COMMISSIONERS OF WELD COUNTY
Mike Freeman, Chair Pro-Tem
r /
Scott James
pc: Bruce Barker, Weld County Attorney
Sean Conway
Jason Maxey, Director, Weld County Oil and Gas Energy Department
Steve Moreno
Hello