The Colorado Oil and Gas Conservation Commission (COGCC) is developing new rules for oil and gas development in Colorado that are intended to protect wildlife and public health.  Under a law passed in 2007 (HB1298), the COGCC was directed by the legislature to begin a rulemaking "to establish standards for minimizing adverse impacts to wildlife resources affected by oil and gas operations and to ensure the proper reclamation of wildlife habitat."  Public hearings were held in Grand Junction and Denver, and various groups became formal parties in the rulemaking - from Colorado Trout Unlimited to energy companies to local governments.  As a party, CTU has had the opportunity to provide written and oral testimony to the COGCC about the rules.

While not perfect, the original draft rules provided meaningful protections for wildlife resources.  Fisheries, in particular, were protected by a proposed setback requirement - oil and gas development would be restricted from being within 300 feet of a waterbody.  The setback requirement was not absolute - exceptions could be granted after consulting with the Colorado Division of Wildlife - but it did provide an important safeguard for Colorado's rivers, streams, and lakes.

Unfortunately, COGCC staff recently proposed a modified draft in which this setback protection would be applied only to designated cutthroat trout habitats and Gold Medal waters.  Collectively, such waters make up only about 5% of the state's perennial rivers and streams, and less than 2% when intermittent and ephemeral streams are also considered.  Buffer protections were removed from most Colorado rivers including such well-known waters as the Yampa River, the Eagle River, the Cache la Poudre, the Arkansas River, and the White River.  Campers on Colorado's National Forests are expected to camp at least 100 feet from any water source; under the newest draft, oil and gas development would have weaker setback requirements than overnight camper!

Why is CTU concerned about oil and gas drilling?  Because it can result in spills and stormwater discharges like these at Garden Gulch which clogged the stream and created an enormous sediment "popsicle" at the base of a waterfall.  Discharges of harmful chemicals, drilling muds, and sediment can do major damage to fisheres - and are a major reason that appropriate rules for stream protection are so important.

As the rulemaking hearing continues, CTU will push to have setback protections reinstated for Colorado's rivers and streams - as well as seeking other common-sense improvements to the rules.  Some examples of the measures CTU is seeking include:

• Adequate monitoring of ground and surface waters at coal-bed methane development sites
• Lining of all pits holding hazardous chemicals and drilling solutions, to ensure that they do not contaminate groundwater or adjacent streams
• Ensuring that any stream crossings for oil and gas pipelines or roads allow for fish passage and do not fragment habitat

These kind of measures will not prevent oil and gas development in Colorado, but they will put in place protections to ensure that development takes place in a way that also protects our waters and wildlife.  Comments on the rulemaking can be directed to the Oil and Gas Commission at:  dnr.ogcc@state.co.us.