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414
%ail' OFFICE OF COUNTY ATTORNEY
SAMUEL S.TELEP
COUNTY ATTORNEY
PHONE (303)352-2369
220 FIRST NATIONAL BANK BUILDING
C GREECE V.COLORADO 80631
O
June 11, 1976
COLORADO
Mr. Glenn K. Billings, Chairman
Board of County Commissioners
Weld County Centennial Center
Greeley, CO 80631
Dear Mr. Billings:
I have your inquiry asking my opinion on the following
question: "Can Weld County establish a uniform policy
regarding rules and regulations for the granting of drilling
permits for water, oil, gas, and other minerals in Weld
County?"
The answer is YES.
This question is expressly answered in the Weld County
Home Rule Charter at Sections 3-8 (4) (b) and (j ) which state,
among other things, that the powers and duties of the Board
shall include duties and powers to:
"Enact legislation including such means of enforcement
thereof as shall be authorized by law, and otherwise
formally promulgate county policy. . . " (emphasis mine) ;
also, "Establish and levy taxes, charges, fees and
licenses. "
Currently, there is no state law governing the require-
ment for obtaining drilling permits from the County. It,
therefore, must be an action of Home Rule Cities or Counties,
if so provided by the Charter. Weld County has this provision.
Accordingly, it is the opinion of this office that
pursuant to the Weld County Home Rule Charter, Article III
Section 3-8 (4) (b) and (j ) , that under the Home Rule Charter
of Weld County, a policy may be established covering all
drilling permits within the County and a reasonable fee can
be imposed on every such permit issued.
I trust that I have satisfactorily answered your inquiry.
Respectfully submitted,
:lel S. Telep
760556 Special Legal Counsel
SST/lb WELD COUNTY COMMISSIONERS
f/ f, HARRY S.ASHLEY
GLENN K.BILLINGS
fr - .. ....
- ROY MOSER
.
` Amoco Production Company
Security Life Building •
Denver,Colorado 80202
303-820-4675
Harry O. Hickman
Division Attorney
June 20, 1.976
Mr, Sam Telep, :esquire •
Attorney at Law
Suite 220
First National Bank Building
Greeley, Colorado 60631
Re: Proposed Well Drilling Ordinance
Weld County , Colorado
Dear Mr. T'ele; :
We are advise•2 that you have been appointed as. special
counsel to the Welci County .board of County Corrwiiseioners to
draft an ordinance pertaining to the drilling; of wells in
'el.d County : Colorado : Purisuant, to the telephone conversa-
tion between :iou and Mr. L. (-. Caskins of this office on
June 2L, 1976 , I wish to reiterate ate Tex. Gaskins " request
that representatives of A:loco be allowed to meet with you
reeeardi,r..e the content of the proposers ordinance or have
the opporturel.ty to comment on the same prior to its adoption
by the Eoard of County Com =issioners .
Inasmuch ae Amoco will have to conduct its operations
in accordance with any such ordinance, and in that Amoco
has :zany years experience in this field, it is felt that
you may wish to call on this experience to draft an or dl -.
nance which will ptsoperly protect the public interest while
allowing tne; petroleum industry to operete effectively in
geld County , Colorado.
If you desire to mteet and discuss this proposed ordi-
nance with Amoco 's representativee please contact mo and
we shall arrange to meet with you.
Very truly yours,
,.a� i.i- tip. n�
HCf./dw
cc : Mr. Glenn billings, Chairman
Weld County Board of County Commissioners
Weld County Centennial Center
915 Tenth Street, Greeley, Colorado y0631
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