DENVER – Critics of hydraulic fracturing on Wednesday told state oil and gas regulators that a statewide ballot initiative may be necessary because proposed rules around local control fall short.
The comments came during a stakeholder meeting held by the Colorado Oil and Gas Conservation Commission. State regulators took comments from the public ahead of official hearings scheduled for Nov. 16 and 17.
The commission is weighing two proposed rules, both of which stem from a task force convened by Gov. John Hickenlooper, which was charged with making recommendations around the local-control issue.
One proposal would require oil and gas operators to notify local governments when building large facilities. The other would require operators to register with local governments.
Fracking critics say state regulators have ignored their voices in the debate. They are calling for prohibiting waste-injection facilities in residential neighborhoods, prohibiting operations near schools, allowing adjacent landowners to object to facilities requests and moving large facilities from residential areas, among others.
“The citizens have to get a ballot initiative going to get people to listen to them,” said a woman who spoke at the meeting, who was part of a coalition of groups that have been working to allow local governments to ban fracking and enact rules and regulations beyond the state’s authority.
Part of the need for the governor’s task force was to strike a compromise in order to avoid looming statewide ballot initiatives.
But eight months after the Oil and Gas Task Force made its recommendations, tensions remain high, and ballot proposals remain on the table.
Recent court cases have also complicated the matter. The Colorado Supreme Court in September agreed to hear a case that would settle the question of local authority.
Matt Lepore, director of the COGCC, said it’s not as simple as allowing local governments to ban fracking.
“I know you love your neighborhood; I know you don’t want it to change,” Lepore said. “But there’s property rights involved here that those mineral owners have.”
