2013 Colorado legislation: HB13-1316 (Oil Gas Commn Uniform Groundwater Sample Rule) passes state House #COleg

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From the Denver Business Journal (Cathy Proctor):

HB 1316, sponsored by Democratic Reps. Dickie Lee Hullinghorst of Gunbarrel and Joe Salazar of Thornton, would require the state to undertake the same stringency of groundwater testing in the oil-rich Wattenberg basin as it does across most of the state…

HB 1316 passed the House on its third and final reading in that chamber Wednesday morning and now goes to the Senate for consideration…

The Colorado Oil and Gas Conservation Commission (COGCC) in January changed its rules to require companies to conduct one groundwater test per quarter-section, the equivalent to four tests per square mile, in the Wattenberg area. Due to the number of wells drilled and planned in that area, the new standard will result in a database of 11,000 samples, according to the state. HB 1316 proposes to change the new rule and require companies working the Wattenberg to sample up to four groundwater sources within a half mile of the new well…

The Colorado Oil & Gas Association, an industry trade group, opposes the bill because it undermines the influence of the state regulatory agency charged with overseeing the oil and gas industry, spokesman Doug Flanders said. “A statewide ‘one size fits all’ water sampling rule does not fit Colorado, is unnecessary and fails to account for unique characteristics of specific areas of the state,” he said.

More coverage from Steve Lynn writing for the Northern Colorado Business Report. Here’s an excerpt:

House Bill 1316, sponsored by House Majority Leader Dickey Lee Hullinghorst, D-Boulder, and Rep. Joe Salazar, D-Thornton, would require the Colorado Oil and Gas Conservation Commission to adopt uniform groundwater sampling rules. It passed by a narrow 34-29 vote. Northern Colorado was partially exempted from the new rules in January, when they were adopted by the Colorado Oil and Gas Conservation Commission.

Coincindentally, the new rules also took effect Wednesday. The new rules require companies to sample as many as four water wells within one-half mile of a new oil and gas well before drilling. Two more samples of each well must be taken between six and 12 months and again between five and six years…

Neither oil industry representatives or environmental groups embraced the new monitoring rules. Stan Dempsey, president of the Colorado Petroleum Association, criticized HB-1316, saying that it disregards scientific data presented during the creation of groundwater testing rules and derails efforts to address the needs of local communities.

“There were parts of the COGCC’s water sampling rule we would have preferred to see enacted differently,” Dempsey said in a statement. “But we believe that the role of the executive branch should be respected and that the outcomes of extensive rule making ought to be much more carefully evaluated before being overturned.”

Environmentalists have criticized the exemption in the Northern Colorado oil field, calling it the “Anadarko-Noble loophole” after two major producers in the region, Anadarko Petroleum Corp. and Noble Energy Inc.

More 2013 Colorado legislation coverage here.

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