County's proposed gas/oil regulations making way through pipeline

For a little light reading over the holidays, head to the El Paso County website and dig into the 36-pages of regulations and procedures that are being proposed to govern gas and oil drilling in unincorporated parts of the county.

Or let county project manager and planner Craig Dossey sum up what he believes are the highlights:

? Requirements for comprehensive groundwater monitoring
? A prohibition on surface pits to collect water used in drilling
? And plenty of opportunity for public input along the way.

?It?s definitely appropriate for us to allow for public comment because there are a lot of unknowns, and that creates a lot of impacts, especially when there are larger-scale facilities,? said Dossey, who was instrumental in drafting the regulations.

El Paso County has never had rules and procedures specifically relating to the oversight of gas and oil drilling, although the activity was included in general regulations tied to mineral resource extraction. But in 1990, Dossey said, an amendment to a state statue took oil and gas drilling out of the equation.

?This is the first time El Paso County has gone down the road of regulating oil and gas since the code was revised in 1990 to expressly remove oil and gas from the definition of mineral resource extraction,? he said.

Driving the push to get regulations on the books as soon as possible is a move by Ultra Resources of Houston to begin exploratory drilling in both unincorporated El Paso County and the city of Colorado Springs, which is looking into its drafting its own rules.

In late September, El Paso County commissioners imposed a four-month moratorium on issuing new exploratory drilling permits so county officials could have time to write local land-use regulations. But they revised it a few weeks later and gave Ultra Resources approval to do exploratory drilling on three sites that sit on Colorado State Land Board property. The county is now waiting for Ultra Resources to resubmit its plans with some minor revisions.

Ultra Resources also received an extension on a permit for a fourth site that was held by another company until earlier this year. That site is ready for drilling at any time, Dossey said.

Ultra Resources spokeswoman Kelly Whitley said the company plans to start drilling the first part of 2012 at all approved sites in the county, but she didn?t have a more definite time frame.

Because the new regulations haven?t been adopted, Ultra Resources? most immediate projects fall under the county?s general development review process, Dossey said. But the county wanted to move forward with industry-specific regulations because of burgeoning interest in the area as a potential hot spot for oil and gas, spurred by a successful 2009 oil strike in Weld County in the same shale and limestone formation that lies beneath a swath of Colorado, Wyoming and Nebraska.

Dossey said the regulations were drafted after consultation with a number of county and state agencies, including the county attorney?s office, El Paso Public Health, the Colorado Department of Transportation, and state wildlife officials.

He said the regulations surrounding groundwater monitoring would be more comprehensive and longer-lasting than the state?s.

?Ours requires annual testing for the first six years, and every five years thereafter until 10 years after the life of the well,? Dossey said. ?You don?t see that anywhere else in the state.?

He also said the prohibition of surface pits to collect water used in drilling would make the industry use another system that is growing in popularity. There would be a waiver for companies that want to use a surface pit, he said, but commissioners would have to approve it after a public hearing.

The regulations also would require thorough assessments of the impact on wildlife; roads, bridges and traffic; and drainage.

Dossey noted that under the proposed regulations, ?minor? oil and gas facilities, such as single vertical wells used in exploratory drilling, can be approved by the county development services director without a requirement for a public hearing. However, he said, the director still has an option to call for a public hearing on a minor project, if warranted.
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WANT TO WEIGH IN?
The El Paso Board of County Commissioners will hold a work session on the proposed oil and gas land use regulations at 2 p.m. Thursday at the Pikes Peak Regional Development Center, 2880 International Circle. The meeting is open to the public.
At 9 a.m. Jan. 4, the county Development Services Department will present its recommendation during a public hearing at a special meeting of the county Planning Commission at the same location.
At 9 a.m. Jan. 19, county commissioners will take up the proposed regulations, along with comments and revisions, at its regular meeting at the Pikes Peak Regional Development Center.
Click here to see a draft copy of the regulations (scroll down to "current information" on the righthand side of the Development Services Department Home Page).

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Source: http://www.gazette.com/articles/county-130708-regulations-oil.html

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