Tuesday, March 22, 2011
The Pueblo Chieftain, Colo.
by Patrick Malone
A House committee unanimously passed a bill that seeks to grant the state engineer greater authority in the water permitting process for coal-bed methane gas extraction.
The House Agriculture, Livestock and Natural Resources Committee voted 13-0 to adopt HB1286, sponsored by Reps. Jerry Sonnenberg, R-Sterling, and John Becker, R-Fort Morgan.
The bill aims to streamline the decision-making process on water permits. A 2009 Colorado Supreme Court decision found that water used in coal-bed methane natural gas extraction is subject to the requirements of tributary water permitting. The ruling granted Water Courts authority over permitting conflicts and appeals.
The ruling added the state's 40,000 oil and gas wells to the rolls of water users subject to tributary water permitting process. Before that, about 8,000 water users were subject to it.
Nontributary water can be exempt from permitting, Following the court's ruling, the state engineer developed rules to govern permitting within the framework of the court's decision, and developed a map that reflects extraction operations subject to permitting under it. Among them were some wells in the Raton Basin near Trinidad.
Under HB1286, the state engineer's rules would be acknowledged in statute, appeals of permit decisions would be routed through the rule-making process instead of through Water Court and further appeals of those decisions to a Water Court would require a higher standard of proof to overturn earlier rulings in the chain of appeals.
The chief opponent of the bill to testify Monday was lawyer Philip Lopez of the firm White & Jankowski, which represents the plaintiffs who were victorious in the 2009 case.
He characterized the bill as an attempt to legislate around judicial decisions, argued the ruling has not led to the shutdown of any gas wells and said the state engineer's map confers by default a water right to the oil and gas industry that other water users must follow process to attain.
Supporters of the bill contend that the permitting process established by the court ruling leaves the door open to prolonged shutdowns of oil and gas operations if a water user challenges their water rights.
"This will make it a lot simpler," said state Rep. Wes McKinley, D-Walsh. "We don't know that it will, but it could get some gas wells back in operation."
Next, HB1286 faces debate in the House.
The House Agriculture, Livestock and Natural Resources Committee voted 13-0 to adopt HB1286, sponsored by Reps. Jerry Sonnenberg, R-Sterling, and John Becker, R-Fort Morgan.
The bill aims to streamline the decision-making process on water permits. A 2009 Colorado Supreme Court decision found that water used in coal-bed methane natural gas extraction is subject to the requirements of tributary water permitting. The ruling granted Water Courts authority over permitting conflicts and appeals.
The ruling added the state's 40,000 oil and gas wells to the rolls of water users subject to tributary water permitting process. Before that, about 8,000 water users were subject to it.
Nontributary water can be exempt from permitting, Following the court's ruling, the state engineer developed rules to govern permitting within the framework of the court's decision, and developed a map that reflects extraction operations subject to permitting under it. Among them were some wells in the Raton Basin near Trinidad.
Under HB1286, the state engineer's rules would be acknowledged in statute, appeals of permit decisions would be routed through the rule-making process instead of through Water Court and further appeals of those decisions to a Water Court would require a higher standard of proof to overturn earlier rulings in the chain of appeals.
The chief opponent of the bill to testify Monday was lawyer Philip Lopez of the firm White & Jankowski, which represents the plaintiffs who were victorious in the 2009 case.
He characterized the bill as an attempt to legislate around judicial decisions, argued the ruling has not led to the shutdown of any gas wells and said the state engineer's map confers by default a water right to the oil and gas industry that other water users must follow process to attain.
Supporters of the bill contend that the permitting process established by the court ruling leaves the door open to prolonged shutdowns of oil and gas operations if a water user challenges their water rights.
"This will make it a lot simpler," said state Rep. Wes McKinley, D-Walsh. "We don't know that it will, but it could get some gas wells back in operation."
Next, HB1286 faces debate in the House.
