Longmont Council Approves New Oil and Gas Regulations — But Will They Be Struck Down in the Courts?

July 18th, 2012
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Longmont City Council took a huge, and to some critics, risky step yesterday when it approved a new set of oil and gas regulations, including a restriction on drilling in residential zones.

That restriction survived a 4-3 City Council vote Tuesday night, shortly before the rules as a whole were adopted 5-2. Councilwomen Katie Witt and Bonnie Finley had pushed for the residential restriction to be eliminated, saying the city would be sued and would lose and that few if any residential areas were in danger.

The new regulations are the first update of Longmont’s oil and gas rules in more than a decade. The key component of the multiple rules  forbids drilling in a residential zone, but does allow a driller to ask for an exception if that would make it impossible to access their mineral rights.

 The Colorado Oil and Gas Conservation Commission and the trade group, Colorado Oil and Gas Association, have voiced their opposition to local regulations being added on top of state regulations, with the COGCC  predicting the new regulations will be struck down in court.

Besides the regulations action by the council, it also voted 6-1 to approve a contract with oil and gas company TOP Operating, and 7-0 to approve a related operating agreement. As proposed, the deal would allow 11 multi-well drilling sites on public land but also would hold TOP to several conditions, including mandatory water monitoring and a 750-foot separation between their wells and any occupied buildings.
 
Closing is scheduled for 90 days after council approval.; the restrictions will apply to any TOP facilities inside Longmont.As part of the 6-1 vote, the council also approved shutting down the Rider well. The well was reported to have excessive benzene levels and, because of its location near Trail Ridge Middle School, it became an early lightning rod for tougher oil and gas rules.In addition to buying the 36 acres of land, the city will pay $25,000 cash to shut down the well and $850,000 from future oil and gas royalties for the cost of drilling a new site east of County Line Road.

Filed Under: ARCHIVES • Feature Articles • Niobrara Shale • Policy

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