Cast your ballot for those who will best protect Longmont's right to local control.
As we approach municipal elections Nov. 5, I believe it is critical that voters understand where each candidate stands regarding two lawsuits the city is currently defending. Although each lawsuit pertains to the community’s ability to regulate oil and gas operations within its corporate boundaries, each resulted from a separate approach to address foundational principles of local government in Colorado.
Home rule, citizen initiative and local control are key concepts found in the Colorado Constitution, the Longmont city charter and in years of practical application. The reason these basic principles of government are so critical is simple. When properly applied, they put key decisions about local communities in the hands of the people most heavily impacted, local residents. Under our charter, the citizens elect the City Council, which has the obligation to adopt appropriate policies to protect our health, environment and quality of life. This includes appropriate regulations for all land uses.
If and when residents do not believe the elected city council members are appropriately protecting the community, citizens have the right to initiate appropriate actions. This is what happened in 2012 regarding oil and gas operations. The ability to adopt appropriate land use regulations is a basic right of home rule cities in Colorado and a fundamental expectation of citizens. As you will see below, the primary opponents of local oil and gas land use regulations in Longmont are Gov. John Hickenlooper and the multi-billion dollar oil and gas industry. That is why city council elections this year are absolutely critical.
The first lawsuit is an attempt to thwart the city council’s right to reasonably regulate land uses in Longmont. It was filed by Gov. Hickenlooper via his industry-dominated Colorado Oil and Gas Conservation Commission (COGCC). The oil and gas industry quickly joined the governor’s legal action so that it could throw its deep pockets of cash into the fight to have the state, not the city council, regulate oil and gas operations within Longmont.
The governor felt compelled to take legal action against our community because a majority of the Longmont City Council dared to enact land use regulations that prohibit oil/gas operations, including hydraulic fracturing, within residential neighborhoods and requires these operations to be at least 750 feet from schools, hospitals and day care centers. Since the governor finds these rather timid Longmont regulations to be too restrictive of the heavy oil and gas industry, it verifies how little protection he believes our citizens deserve.
As of today, the city is vigorously defending its home rule rights to reasonably regulate the heavy industrial activities associated with oil and gas operations. However, a future city council could stop defending this lawsuit and capitulate to the governor and the industry. At least one candidate, mayoral challenger Bryan Baum, has publicly stated that he is in favor of settling this lawsuit. If you believe in local control, you need to know where the other candidates stand.
The second lawsuit stems from 2012, when a group of Longmont residents became convinced that a majority of the elected city council was not adequately protecting the community from the impacts of oil and gas operations. The citizens initiated a city charter amendment that prohibits fracking operations within the city boundaries. Approximately 60 percent of the voters agreed with the amendment last November and it is now a part of the city charter. The Colorado Oil and Gas Association (COGA) promptly filed legal action challenging Longmont’s city charter. The governor quickly joined forces with the industry.
I hope you see the pattern of state government and industry joining forces to attack local control. The opponents of local control hope that the combination of the power of state government and the deep pockets of a politically connected industry will intimidate small communities and citizens. They think bullying local government serves their interests. It will not work in Longmont if we elect the right city council members.
Both of these lawsuits address important local control issues; therefore, they must both be vigorously defended. The one addresses the powers of a home rule city as provided for in the Colorado constitution. The other defends the right of citizens to initiate charter amendments or legislation when their elected representatives fail to act appropriately. These rights and powers of our local community are in the hands of the next city council. I encourage each voter to understand the candidates’ position and cast your ballot for the ones who will best protect our community.
The following Guest Commentary appeared in The Denver Post on June 27, 2013 and is reproduced on Free Range Longmont with permission from State Representative Mike Foote.
Mike Foote, Colorado State Representative, House District 12
Oil and gas is an issue that will not go away. The number of active wells in Colorado has doubled over the last four years. The number of spills and other contamination incidents has also increased. Drilling has encroached ever closer to more densely populated areas. The industry will spend and make billions of dollars in Colorado in the upcoming years.
People across Colorado have expressed legitimate concerns about their health and safety as well as their lack of a voice in the process. Changes to the system to increase transparency, accountability, local control and safety can go a long way in addressing those concerns.
That’s why I and other legislators brought forward proposals, including imposing minimum penalties for serious violations of the Oil and Gas Conservation Act and changing the mission of the Colorado Oil and Gas Conservation Commission (COGCC) to focus on protecting public health and the environment, ending its conflicted dual role of promoting oil and gas drilling while simultaneously regulating it.
The industry opposed those bills, as well as others increasing water monitoring requirements, increasing the number of well inspectors, creating a health impact study, and assessing fees for local inspection programs. None of those common-sense reforms made it through the legislature.
However, some hope emerged at the end of the session when Gov. John Hickenlooper issued an executive order directing the COGCC to “reevaluate its enforcement philosophy and approach.” The governor’s order went on to say, “Colorado requires strong and clear enforcement of the rules and assessment of fines and penalties accordingly.”
Implicit in the order was the recognition that enforcement of oil and gas industry regulations in Colorado is neither strong nor clear, and that the COGCC has become too cozy with the oil and gas operators it is supposed to be monitoring. It is my hope more progress can be made on this issue as well as many others related to oil and gas over the next year.
Recently, the Colorado Oil and Gas Association announced it would conduct a “listening tour” around the state this summer. As an elected official, my job is to listen to the people of Colorado all year long, and I hear widespread frustration about the current oil and gas system. Perhaps after listening like I have, COGA will be more interested in partnering toward some solutions rather than saying no to any real reform. Because if the industry continues to say “no,” the people of Colorado will say “no” to oil and gas.
That is exactly what is happening across the Front Range right now. Concerned citizens’ groups have popped up from Fort Collins to Colorado Springs. A ballot measure banning fracking passed in Longmont with a bipartisan 60 percent margin. Ballot measures in other cities and counties are promised this year.
Instead of taking their concerns seriously, industry supporters have called these citizens extremists and hypocrites for heating their homes and driving cars to work. That isn’t the language of dialogue; that’s the language of confrontation. People have responded with the tools available to them: public protest and the ballot box.
Coloradans know that our most precious natural resources are not gas and oil, but water, air and natural beauty. They will act to protect what’s most precious.
Until Coloradans have confidence that the oil and gas industry is behaving responsibly in our state, and under strict environmental safeguards, we will see this dynamic continue. Building public confidence by setting and enforcing high standards will not only protect the environment and people’s health and safety, it will also protect the livelihoods of the Coloradans who work in the industry.
Negotiation requires more than just sitting at the negotiating table. It requires a willingness to accept opposing viewpoints and a commitment to find common ground. Coloradans deserve no less.
State Representative Mike Foote represents House District 12 in Longmont, Lafayette and Louisville.
Do you want to know how cold it can get in Antarctica in midwinter? Go to a city council meeting in Greeley, CO, any time regulation of the oil and gas industry is on the agenda. You’ll get an idea.
Last week, the room temperature felt near absolute zero from the iciness of the council’s reaction to citizen petitions to rein in industry designs on their neighborhood, a place called Fox Run.
What was up for debate was a proposal to approve permits for 16 horizontally fracked oil wells on a small parcel of undeveloped land, itself about 16 acres within the city. The 16 wells would be only 350 feet from the back door of some residences. These wells, according to the oil company, would be fracked four at a time, meaning the citizens of these neighborhoods could expect heavy industrial activity out their back door for up to three or four months a year, 24/7, over half a decade, perhaps. We’re talking literally tens of thousands of truck trips to deliver water, chemicals, steel pipe and a variety of heavy industrial machinery via a single point of ingress.
Envision, if you will, the Saturday afternoon barbeque, with the excited voices of children at play competing with the drone and Earth rattle of drilling next door as unknown quantities of who-knows-what are spewed onto the festivities. This scene could be played out over and over again as money is made for the few and public health and social well-being are sacrificed for the many. That was the argument most often made by the homeowners.
Add to this that some local businesses would actually be only 200 feet from the wells. It happens that the man who owns the 16 acres for the drilling site also owns the street-front buildings in which these businesses are housed. They had all voluntarily agreed to the reduced setback, and no one suspected collusion in these robust economic times. As the owner said—employing small town, Daddy Warbucks logic—these people couldn’t tell him what to do with his land. That would be a takings, and he would have to be compensated, royally. In his mind, his individual rights were superior to the public’s rights.
His understanding is almost certainly wrong, for the U.S. Supreme Court has affirmed over and over again that the protection of the public’s health and well-being is superior to property rights, but no use to talk to this scion of “private property rights uber alles.” The only thing keeping the takings assertion alive for the oil boys and rent-seeking land owners is that government refuses to look at the health implications of fracking systematically, even though a host of scientific and public policy leaders at all levels of government and academia are asking for them. The U.S. Environmental Protection Agency is studying the impacts on water. A draft of this study is to be released in 2014, but the agency has scrubbed any analysis of air impacts as a result of oil industry pressure.
From the Greeley Communities United Appeal of the Sheep Draw Oil and Gas Proposal presentation.
In the end, despite roughly 45 people speaking in opposition to the permit, and only about seven in favor—four of them owners of the permits and the property involved—in an audience of about 150 people, the city council voted 7-0 in favor of the oil company and private enrichment over repeated calls for caution and deferral until the health impacts of fracking were better understood.
Of the opposition, many were homeowners in Fox Run, some were tearfully concerned about their children, all were concerned about the air impacts. A doctor, head of the pulmonary unit at the Greeley Hospital, tried to appeal to the council’s better angels. Another woman explained that Fox Run was home to two city-chartered apartments for the disabled, 40 units in all. These units had been built with $4 million in public money from HUD. Ranging in age from 20 to 70, many of these citizens are wheelchair bound, and the majority use oxygen, in the newer unit all but one. The impacts on them might prove frightful she reasoned.
One person said she had heard the vote was rigged, it had already been decided, but she had come to the meeting anyway just to find out. She was not to be disappointed.
Leading the charge for adoption was Mayor Tom Norton. Of stentorian voice, laced with perhaps just a whisper of whiskey’s telltale raspiness and coiffed in surprisingly vivid auburn hair, he was in control, for, after all, he was used to a much larger stage. He had been president of the Colorado Senate during the heyday of former Gov. Bill Owen. Owen fancied himself a Texas oilman and had the pickup and plates to prove it, though perhaps not the chin, but that too has been altered to fit his rough and ready oil patch persona.
Norton, himself an engineer, had risen to become Owen’s director of the Department of Transportation, before retiring to Greeley, his longtime residence, and running for mayor. A family affair, Gov. Owen had appointed Norton’s wife, Kay, to be President of Northern Colorado University. It, too, is in Greeley. She still heads this university of over 12,000 students. Previously, she had been a staff lawyer for Monfort Meat Packing.
This “private sector” experience, she recently wrote, caused her to take the lead in leasing 246 acres of mineral rights under the university to Mineral Resources, Inc., the same family oil company that was seeking approval for 16 oil wells that would run under Fox Run.
In glowing terms, she described the Richardson family owners as our neighbors, much in the same fashion they had described themselves at the hearing. She went on to fancifully describe their oil business as “boutique.” She reasoned, too, that since city records showed the Richardsons already had leases to the mineral rights under most of the city, both public and private, a little more land couldn’t hurt and might foster orderly development.
She also wrote that the university had considered student public health issues and, in her opinion, there was nothing to worry about. In fact, she effused, the state’s regulations would only get stronger and more protective of the students.
Well blow-out near Windsor, CO, in February 2013.
The idea of stricter regulation to protect public health was not what her husband argued last winter when the state was considering greater setbacks. The proposal, eventually adopted, increased the setbacks from 350 feet to 500 feet. But as Matt Lepore, the head of the Colorado Oil and Gas Conservation Commission (COGCC), the state’s oil regulatory agency, said to the press, these regulations were not to protect public health, but to reduce noise and dust near homes, or more concisely, the anger factor in neighborhoods invaded by the industry. Lepore added that the state hadn’t really gotten its head around the health issues. This fiscally wasteful and cynically driven form of decision-making was recognized as dangerously flawed by COGCC Commissioner Holton who said in these debates:
I just felt like we should wait until we get some good data, in order to make a decision. If it’s 100 feet, fine, if it’s 1000 feet, whatever. Basically it looked to me like we were just changing the rules because we could, and I don’t think that is a good idea.
Norton, speaking for the city council, felt none of these compunctions. He was worried about reduced revenues to the city if some areas were no longer available to the industry because of a 500-foot setback rule. After all, he said, the city already has over 400 operative wells and with the potential for many more, new setbacks might “affect the $3.2 million in annual city revenue from oil and gas, and the $900 million of royalties projected over 25 years to Greeley…”
Clearly, the Nortons see Greeley as a classic company town where public services are paid out of monopoly oil and gas revenues. Moreover, the mayor and the council need not have worried because the COGCC and the Department of Public Health approved a setback of only 200 feet for businesses in the case at hand. The Richardsons did admit under friendly questioning that the council needed to act quickly because the new setback rules, which become effective on Aug. 1, would make their well oiled plans more difficult, perhaps requiring even more official variances.
Unknown to most in the audience was that Mayor Norton, only weeks earlier, dressed all in black, with resplendent auburn mane, had come to Denver to testify against HB 1275, the only significant piece of fracking legislation before the 2013 state legislature. It would have funded a one-year effort to survey reported health impacts from people living near fracking. Mayor Norton said it was unnecessary, that everyone was happy with fracking in Greeley, for revenues from fracking helped pay for public services. His testimony was seconded by the boldly feckless Dr. Chris Urbina, Gov. Hickenlooper’s choice to head the Colorado Department of Public Health and the Environment. Dr. Urbina spoke against the bill because of the dangers of collecting medical data too hurriedly, as opposed to the dangers of collecting none at all. These two presumed representatives of the public provided the cover needed to allow the state representative from Greeley, Rep. Dave Young (D), to vote against the measure, thus ensuring its defeat. Company town, indeed!
Greeley has suffered greatly from oil and gas development. Its attempt to deny drilling within the city boundaries back in the 1980s was met with one of those great, dunderheaded decisions that only courts can make. The Colorado Supreme Court, uninformed about geography, apparently, reasoned that oil and gas development was so important to the state and nation that any attempt to deny the industry access to the city proper would pose a threat to national security. Colorado is 104,000 square miles in size. Greeley is 47. Couldn’t they do the math?
Consider, too, that most of Colorado is underlain by shale deposits, the ancient sea floor that is giving up its treasure to the industry through the “magic” of horizontal fracking. All the incorporated cities and towns in the state comprise about 1900 square miles, less than two percent of the state. Yet, it is this wrongheaded 1980′s court decision that is allowing the oil and gas industry to invade cities at will across the state.
The testimony of the city planner, parrying the comments of the young attorney, Matt Sura, who had been hired to represent the home owners, was straight out of Charles Dickens. Sura had been masterful in pointing out the numerous holes and unanswered questions in the city’s evaluation of the 16 permits. Chief among them was the unanswered question of the impacts of these wells on public health, particularly those people living in close proximity to the wells. The city manager told the council that he thought the city had done a stellar job of answering all questions except the questions concerning public health. But he said that shouldn’t concern the council since the public’s health was a matter of state and federal concern. It was not their responsibility.
Surely there can be no truth in the old notion that we deserve the government we get.
This article was first published at EcoWatch – Cutting-Edge Environmental News Service
If the public are bound to yield obedience to laws to which they cannot give their approbation, they are slaves to those who make such laws and enforce them. —Candidus in the Boston Gazette, 1772
Colorado Springs is Colorado’s second largest city. Perhaps unfairly, it is also known nationally as a bastion of conservative politics. Yet, a little over a week ago, on March 12, conservative and liberal—indeed people from every shade in the political spectrum—found common cause. They stood united in fighting the prospect of the oil and gas industry taking over their city, one open space at a time. They stood together at a rally on a chill-wind morning in front of the Colorado Springs City Hall, and then in a packed council chamber to testify against fracking rules and regulations that would have given the industry the keys to the city.
Fortunately, the concerned citizens of Colorado Springs prevailed in convincing the majority of city council members that fracking is not safe. Now the city must start from scratch with new rules and no drilling can take place in the meantime.
Right to Say NO! Rally outside Colorado Springs City Hall on March 12 . Photo credit: Scott Flora
On March 12, Colorado Springs residents, in a packed council chamber, testify against fracking rules and regulations that would give the industry the keys to the city. Photo credit: Eric Verlo
On March 12, Colorado Springs residents, in a packed council chamber, testify against fracking rules and regulations that would give the industry the keys to the city. Photo credit: Eric Verlo
Check out this video of the rally:
Colorado is a strong “home rule” state. That is, cities and towns with home rule charters have powers superior to the state in matters of local jurisdiction. This straightforward declaration is found in Article 20, Section 6 of the Colorado Constitution. It says in part:
“The people of each city or town … shall always have the power to make, amend, add to or replace” their “charter” … This … “shall be its organic law and extend to all its local and municipal matters.”
“Such charter … shall supersede within the territorial limits … of said city or town any law of the state in conflict therewith.”
Predictably, the courts and legislature have made a mockery of the latter provision when it comes to the oil and gas industry having its way with the local folk. Oil and gas development has been declared by them to be a matter of supreme state concern over which the state and only the state has jurisdictional powers.
It means in practice that the industry does not need the consent of the governed, only the consent of Governor Hickenlooper, Hick to his friends. Hickenlooper, famous for speed-dialing up his political career by jumping out of an airplane as a campaign stunt and wearing an open-throated shirt under his suit except at coronations, recently told a Senate committee he had drunk fracking fluid and had found it safe.
My colleague Wes Wilson at Be the Change told me, “Hick’s drinking habits might pass for science in Louisiana, where creationism is also taught as science, but not here, where empirical evidence is still consulted and weighed, at least by those outside politics.”
No clearer demonstration of the wackiness of the Governor’s new religion of public-safety-through-selective-tasting was more evident than at a March 5 town hall meeting in Fort Collins. There Colorado State University’s Monfort Professor of Climate Science, Scott Denning, told those assembled that he had worked as a field geologist in the industry, and that fracking is a dangerous, heavy industrial activity that should not be allowed in any city. He also said that new data gathered in Weld County showed the methane (natural gas) production losses were at nine percent. Over the critical short term, the next 20 years, this makes methane 4.5 times worse than coal for climate change because of methane’s much greater heat trapping capacity.
His remarks concerning the dangers of fracking were not necessarily remarkable for their originality, for scientists and activists have made similar statements from across the country. What was remarkable was the Stepford Wives reaction of Hickenlooper’s show-case representatives on the panel—one, the second in command at the state oil and gas commission, and the other, the head of air quality for the state department of public health. They did not engage his assertions. They simply stared blankly ahead and told the audience of their agencies many accomplishments. Clearly, for them, happiness is playing housewife to Anadarko, Encana and Shell, and perhaps servicing their neighbors Noble, Anschutz and Conoco when needed.
But fortunately, in the end, the Colorado Springs City Council, several of whom had been well tutored by local activists on the dangers of fracking to their city, voted down the rules.
Enriching the tableau being played out that day in Colorado Springs was the introduction of an initiative to ban fracking within the city by a local grassroots group. It is human rights based, focusing on the constitutional guarantees of the health, safety and the general welfare of every citizen, the guarantees, they argue, that give government its only legitimacy.
They hope the city will refer it onto the ballot. If not, they will go forward with it as an initiative. To be successful, they will need to collect perhaps as many as 27,000 signatures. The citizen’s initiative, or the right of direct democracy as it’s sometimes called, is the process the citizens of Longmont, Colorado were forced to take last year to enforce a fracking ban within their city. The Colorado Oil and Gas Association, an industry trade group, are now suing the city. Incredibly, Hick is openly cheering them on.
During the Colorado Springs council meeting, a couple councilmembers provided excellent public theatre. Realtor Tim Leigh, who voted for the rules, and some would say against the people, said he was voting for the rules because he didn’t like the way the public had conducted itself, that it hadn’t been decorous enough. Someone behind me muttered he should have been present at the French Revolution. Another in the back of the room yelled that he didn’t think a “spite vote” should be considered valid. A woman sitting next to me wondered if he’d ever had to share his sand pile when he was young?
Equally entertaining was the exchange between Councilwoman Angela Dougan and the public. She had been criticized from the audience for constantly being on her cell phone during the several hours of public testimony. In explaining her vote for the rules she said she had been on her phone because she was fact checking the assertions made by the public and could find no evidence of their accuracy. This was met with moans.
I was told that Dougan, very recently, had called the police department—in a theatrical panic, perhaps, since her husband is on the police force—when she got a hand delivered flyer in her mail box from an anti-fracking grassroots group. She complained she didn’t want them to know where she lived. It is unclear if she was relieved to find out it had been a saturation effort. That she had not, in fact, been targeted by the rabble.
Council members voting against the rules most often cited the high handedness the Governor and his staff had shown in denying any modification to the state’s regulations. Asked and denied were requests to allow the city to do its own air monitoring of fracking operations, require the installation of water monitoring wells around every gas well, place all residential areas off limits to fracking and allow the hiring of one city inspector, underwriting his salary by charging a $5,000 fee for a drilling permit review. These were the suggestions of Councilwoman Jan Martin. She characterized them as modest and reasonable. Because the Governor’s representative, Matt Lepore, had rejected them out of hand, she voted against Hick’s rules, saying she could not vote for rules that did not give any consideration to the constitutional rights of home rule cities and the concerns of local citizens.
Both council members Brandy Williams and Val Snider said they were supporting what they perceived to be the majority view that the state rules were not adequate to protect the citizens of Colorado Springs. Days earlier the local weekly newspaper, The Independent, published the results of a poll it had taken showing 51 percent of those polled supported a ban, 43 percent opposed and six percent were undecided. Phil Anschutz of Anschutz Exploration Corporation, one of his many corporations, recently acquired the Colorado Springs Gazette. He is believed to have fairly vast oil and gas holdings in the state, as he does across the nation. No poll on the merits of fracking is expected in this daily newspaper.
Rumors continue to circulate at the capitol that the industry has taken its own poll on fracking, with the results showing opposition to the way the industry and the Governor are running roughshod over citizen rights. Some have speculated this phantom poll may have played into Ultra Energy’s announcement it would not develop, at least for now, its mineral rights on 18,000 acres of Colorado Springs land in a place known locally as Banning Lewis Ranch. The city annexed it several years ago for open space after a land developer went into bankruptcy. Whether Ultra’s announcement was merely a ploy to get the city to think it was out of immediate danger from fracking is unknown. What is known is that it didn’t work.
Banning Lewis Ranch on the eastern edge of Colorado Springs. Photo credit: Dave Gardner
Banning Lewis Ranch on the eastern edge of Colorado Springs. Photo credit: Dave Gardner
Citizens addressing the council were often concerned about water. Several wondered how and why the industry was apparently able to get water for fracking when the city was already in drought mode with twice a week watering restrictions? Only days later, Denver Water, the largest water purveyor in the state, announced it would be draining Antero Reservoir to save 4,000 acre-feet in evaporation losses and that it too was considering twice a week watering restrictions. The reservoir’s storage of 19,000 acre-feet would be released downstream to lower reservoirs where the evaporation would be less.
Antero is a world-class, flat-water trout fishery. I’m told it receives more than 100,000 visitor days a year. It is one of the chief economic drivers in Park County, Colorado, the rural mountain county in which it is situated. Studies done at Colorado State University on recreation values suggest it may contribute more than $4 million a year to the local economy. The last time it was drained, it didn’t reopen for seven years, representing a loss of $24 million to our economy.
The best conservative estimate of how much water the industry will need to frack around 2,000 wells this year—half horizontal and half traditional—is about 16,000 acre-feet. This is four times the loss through evaporation at Antero. In fact, it approaches the entire storage capacity of Antero. If the industry continues to ramp up to where they are drilling mostly horizontally wells at a rate of more than 3,000 a year, as predicted, the water requirements could easily exceed 40,000 acre feet annually—horizontal drilling water demand goes up exponentially compared to traditional fracking.
Colorado Springs uses about 74,000 acre-feet annually. But here’s the rub, when the city uses water, half is returned to the system to be reused. When the frackers use it, they consume all of it. More accurately, they destroy it for any other use. So, from a consumption standpoint, which is what really matters, the industry in just a very few years will be using more water than Colorado Springs does today. If one adds in the prospect of refracks for the 150,000 wells expected in the state in 30 years, the demand easily exceeds that of Denver which uses 260,000 acre feet annually.
The Governor’s office and the Water Buffaloes seem unconcerned. This may partly be explained by the fact the Water Buffaloes get a substantial portion of their funding for new water projects from severance taxes paid by the oil industry to the state—life is often full of these small surprises. A larger surprise for most people is that of the 30 gas producing counties in the state, operators in only five of them even pay a severance tax to the state since local taxes paid, when combined with 19 statutory oil and gas subsidies, fully offset the severance debt. The largest surprise is that the industry pays no net severance taxes from Weld County, the fourth largest gas producing county in the U.S., proving once again, as many have argued, that tax laws are written by the rich for the rich.
Several days after I attended the Colorado Springs council meeting, I read newspaper reports of a large uncontrolled leak and probable ground water contamination in Garfield County, Colorado, near the town of Parachute. I tried to miraculously consider, for purposes of social and environmental analysis, what if this incident was in Colorado Springs?
It seems the leak was first verbally reported in Garfield County on March 8. It was discovered by accident during unrelated excavation activity. Ten days later it was still uncontrolled and the source still unidentified. As of March 19, the state had not yet issued a cease and desist order to Williams Energy, which operates a gas plant on Parachute Creek. Despite the delay, it claimed an order was in the works. Parachute Creek empties into the Colorado River which is federally protected under the Clean Water Act. More than 60,000 gallons of contaminated groundwater and 5,000 gallons of oil had so far been recovered, but, remarkably, some would say unbelievably, the source of the leak was still unknown. To protect its water supply, the town of Parachute had closed its municipal intake on Parachute Creek. According to locals, industry leaks and spills are common though they are usually covered up and go unreported—Hick is a big supporter of the industry’s self-reporting regimen. One of the Colorado Springs activist leaders, Laurel Biedermann, told me, “if you believe in the efficacy of oil industry self reporting you probably believe in flying unicorns too.”
Try to imagine a city of 360,000 people not storming city hall over such a lackluster effort. Colorado Springs has a police force of more than 600 officers, a fire department of about 400 firefighters, runs its own utilities and has a public health department. In a word, it has all the accoutrements of a modern middle-sized American city. How the Governor continues to claim that he can do a better job of protecting the local population with his merry band of 16 inspectors at the oil and gas commission than the city can is simply ludicrous, it may even border on malfeasance. Is it any wonder that many cities are moving toward an outright ban?
To make the day in Colorado Springs complete, mentioning of the citizens supporting the fracking rules needs to be included. Though few in number, one stood out. Full of the insouciance that comes only when one is sure the message he is carrying will be greeted with delight by his paymasters, Shawn Paige was ripe with economic wisdom of a kind, sure that he knew the true American way. Paige, deputy director for the Colorado chapter of Americans for Prosperity, an organization funded by the Koch brothers, said the rules were great, just what the country needed, and that we must learn to live with risk if we want to live in heated homes. Its been suggested that someone should ask him at the next council meeting if the mess in Parachute was the kind of risk he thought the people of Colorado Springs needed to endure to have a heated home?
Visit EcoWatch’s FRACKING page for more related news on this topic.
Editor’s Note: The following testimony was given to the Colorado Senate Agriculture, Natural Resources, & Energy Committee on March 21, 2013, by Gordon Pedrow. SB 13-202 concerns additional inspection of oil and gas facilities. SB 13-202 advanced out of committee to the Senate Appropriations Committee.
Mr. Chairman and Committee members.
Former Longmont City Manager, Gordon Pedrow
Thank you for this opportunity to be heard regarding this important matter. I am Gordon Pedrow, a twenty year resident of the city of Longmont. Until I retired on April 1, 2012, I served the community for 19 years as city manager. I am here to share with you why many Longmont families support SB 13-202. I am certain you are aware that the state government in Colorado is experiencing a massive hemorrhage of trust when it comes to adequately regulating oil and gas operations.
The citizens of Longmont have been struggling for many months to protect their health and quality of life from the negative impacts of heavy industrial activities associated with oil and gas operations. This battle began in 2011 when the TOP Operating Company began the process of permitting a new multi-well drilling site within the city’s corporate limits.
Using the COGCC’s online data base, citizens examined the inspection and enforcement record of the two existing wells within the Longmont city limits that were closest to residential areas. The results were appalling.
In 2011, Both Rider #1 and the Stamp wells had numerous unresolved violations, including benzene contaminated ground water 100’s of times above state standards. I am going to provide the committee some specific information about Rider #1 and its operator, TOP OPERATING COMPANY. I believe this information will clearly demonstrate why residents were appalled in 2011 and remain so today. It will clearly demonstrate why passage of SB 13-202 is a necessary first step in appropriately regulating this industry and restoring public trust.
RIDER WELL #1: 350 feet from homes in the Quail Crossing subdivision, 350 feet from Trail Ridge Middle School
July 17, 2006, Engle Homes to COGCC (TOP’s contaminated well on Engle’s property)
July 21, 2006, COGCC to TOP Operating: Provide site Investigation and Site Remediation Plan
December 7, 2006 Notice of Alleged Violation (200100371) Numerous violations
4. (nothing done for a year) TOP and COGCC staff failed to accomplish anything. Both ignored the owner, Engle Homes and residents rights to have safe operation
December, 2007 Engle Homes again found violations not corrected
September 2008 COGCC fined TOP $10,000 for failure to remediate
March 30, 2009 Still Benzene problem
2011Public scrutiny of both TOP and COGCC performance begins by angry Longmont residents. (You would think a state agency might try harder when citizens are engaged) However, the concerns of the citizens were still ignored by TOP and COGCC. Both the regulators and the regulated act as though they are above the citizens!!!!
January 24, 2012 Notice of Alleged Violation (1771570) Rules 210d, 301, 308A, 308B,309,603j,604d,906a
February 22, 2013, COGCC issued a Notice of Order finding Violation and Hearing set for March 25/26 COGCC staff is seeking an order finding violation of all the above rules and imposition of a fine not to exceed $85,000.
10. March 21, 2013. (today) TOP still in violation & Benzene levels still out of compliance.
SETTLEMENT: The most appalling COGCC document regarding this whole Rider Well #1 fiasco has now come to light. For over 6 years, TOP OPERATING COMPANY has flagrantly disregarded COGCC orders and the COGCC has ignored its mandate to protect public health and the environment. Now the regulators and regulated have gotten together for a sweetheart settlement deal as outlined in this Administrative Order by Consent now scheduled for March 25/26.
Despite flagrant, serial, multi-year violations of state rules and regulations, the COGCC staff has now agreed to three unbelievable provisions.
Read these sections from the consent order. 4,6,8
Unfortunately, this ADMINISTRATIVE ORDER BY CONSENT does not deal with the benzene in the ground water within 350 feet of Trail Ridge Middle School. That matter is still being mitigated !!
I encourage you to pass SB 13-202. Furthermore, before this legislative session adjourns, I encourage you to carefully review the entire regulatory operations of the COGCC. Because more inspectors inserted into a flawed agency culture will most likely be wasted resources.
Editor’s Note: Phillip Doe leaves no stone unturned in describing the dangers and destruction that arise from every aspect of horizontal fracking. It’s a must-read for anyone who truly wants to understand the devastation that the oil and gas industry is wreaking on the people and resources of Colorado with the collaboration and complicity of the state’s government.
I went to a meeting earlier this winter in the Colorado Governor’s Office. I’m not a regular. The Governor, John Hickenlooper, Hick to his friends, had called the meeting with Boulder County Commissioners to discuss the county’s draft regulations governing the recovery of oil and gas found in the county’s deep underground shale formations. The fact is that most of the state is underlain by these ancient and organically rich seabeds. All are ripe for exploitation through the use of the industry’s new mining technique called horizontal fracking.
Drilling activities along both sides of the Colorado River, Interstate 70, and the Amtrak rail lines in Garfield County, Colorado. Photo courtesy of TEDX The Endocrine Disruption Exchange
In his haste, the governor had apparently forgotten that such meetings require the public be notified at least 24 hours in advance so they can listen in on the public’s business. This law has been on the books since 1972 and is widely used, but imperfectly understood, apparently, by the governor and his lieutenants. Hick was a long-term mayor of Denver before becoming governor. Its use is commonplace in city government.
To an outsider this meeting might sound like a tempest in a teapot, but as in most states with oil and gas reservoirs made recoverable through fracking, the state government of Colorado has said that it, and it alone, has the authority to regulate the oil and gas industry . The counties and cities may write their own regulations, but they must be in “harmony” with the state’s, and can not add conditions or requirements that would harm the industry’s bottom line. They are “preempted” from doing so.
One of several 400-bed housing complexes (man-camps) for gas field workers. This one is located on the top of Colorado’s Roan Plateau. Photo courtesy of TEDX The Endocrine Disruption Exchange
With the Boulder contingent, Hick started out by telling them that as a businessman and brewpub owner he’d never been sued; that he’d always been able to broker a deal, that he hoped a deal could be made with Boulder County government.
He went on to say, obligatorily, that he thought public health had to be protected, but added quickly that the oil industry’s property rights must also be protected. To this observer most of what he asserted concerning protecting the public’s rights and investigating their concerns is contradicted by the facts.
For example, he said nothing about the fact that he had already sued the city of Longmont , a city of 86,000 within Boulder County, over its regulations. Longmont’s regulations, labored over by a cautious oil lawyer, but eminently decent man, did not ban fracking within the city, as many wanted, but did make residential neighborhoods, schoolyards and the city’s open spaces off-limits to drilling by the industry.
Hick had sued over these regulations for not being in harmony with the state’s, whose only spacing restriction is that wells must be at least 350 feet from any residence or building in urban areas. Rural restrictions are even more favorable to the industry. There, only a 150 feet setback is required. Some wag has observed that under state planning guidelines a rural folk is worth less than half a city folk, less even than the three-fifths slaves were worth in the “original” Constitution.
Fracturing operation on top of Colorado’s Roan Plateau. The green tanks (nearly 100 in this photo) hold the fluids for fracturing and then the fluids that return to the surface after fracturing. Note the tunnel in the upper left, built as a shortcut to a highway. Photo courtesy of TEDX The Endocrine Disruption Exchange
In the old days, an oil rig stood 150 feet high, thus the rural setback of 150 feet might protect a house or barn if the rig were to topple. New rigs used in horizontal fracking are sometimes taller according to one retired oil field worker and bitter critic of the industry. The critics are legion. Still, many large, rent seeking ranchers and farmers support the looser rural restrictions.
In reaction to the state’s lawsuit against Longmont, citizens launched an initiative to ban fracking altogether within the city. Operating on a shoestring, and laboring against $500,000 the industry dumped on the city to defeat the initiative, the ban vote carried by a remarkable 60/40 margin, demonstrating, perhaps, the power of a well-organized citizenry over big money, even big-oil money.
On the day of this meeting, Hick had not sued over the ban, though he had threatened to do so. In the end, the industry did it for him, with his blessings and encouragement. Indeed as guest speaker at an oil and gas convention in Denver subsequent to the Boulder commissioners’ meeting, he told the assembled oil men that he would bring the full might of the state to bear on their behalf if the industry were to sue over Longmont’s ban. Some find this bully pulpit cheerleading incredible.
Still, on this day he was most keenly interested in seeing that Boulder County did not also author another ban on fracking or enact something more stringent than the state’s rules. He was not openly threatening, but everyone knew the Longmont background.
One of the county commissioners, Will Toor, told the governor that in his judgment a countywide ballot initiative banning fracking, if there were to be one, would pass on a 60/40 basis, just like in Longmont.
U.S. Rep. Jared Polis (D-CO), a smart politician, added that he thought the state rules should be a floor, not a ceiling, that the local governments should have that prerogative under their charters. Hick, somewhat surprised if not openly flustered, shot back that they weren’t ready to talk about that. Polis said that he thought that was what they were there to talk about. Clearly, deal making was not really on the agenda.
Later, in the hallway outside the governor’s office, Polis told one of the mothers who had attended the meeting that if an oil well were to be drilled in his backyard he would move. Many would agree, but not many are multi-millionaires like Polis. The mass of humanity, if Hick has his way, will have to endure the toxic fume garden the industry is building in neighborhoods across the state.
Two drill rigs working on a pad where ten wells have been previously completed. In the bottom right you can see ten recovery water tanks. Note also the reserve pit by the drill rigs. Photo courtesy of TEDX The Endocrine Disruption Exchange
So what about the contentions of citizens that fracking is unsafe, despite the industry’s bemused denials to the contrary?
The 2005 Energy Act is a good starting point for this discussion. Written only two years after the first horizontally fracked well was successfully drilled, the act was widely reported to have been written by the industry in the comfort of Vice President Dick Cheney’s office, himself the former head of Halliburton Industries, one of the major providers of fracking fluids, an immensely profitable product according to industry observers.
The Act of 2005 is the culmination of a 40-year oil industry lobbying effort in Washington to exempt the industry from practically every foundational health and environmental law on the books. Not even the casino players on Wall Street have been as successful in creating a regulatory world to their liking. The bilking and mayhem are easy thereafter, as we’ve all seen.
Only one reasonable conclusion can be drawn from this sustained lobbying effort, the practice of horizontal fracking is most assuredly not safe. Otherwise there would have been no need to rip out more than 40 years of public health and environmental law from the pages of our civic history.
Drill rig working near Divide Creek in Western Colorado where methane bubbled into the creek during previous drilling activity. You can see two smaller reserve pits and a larger evaporation pit. Photo courtesy of TEDX The Endocrine Disruption Exchange
Notes on the air we breathe, and other acts of faith
Air and water quality issues are so ubiquitous in areas invaded by the industry that summarizing is difficult. Most astonishing, however, is that neither Colorado nor the U.S. has undertaken a systematic examination of the thousands of citizen complaints. With regards to air quality, these complaints run from skin rashes, to open sores, to nose bleeds, to stomach cramps, to loss of smell, to swollen and itching eyes, to despondency and depression, even death.
In this federal vacuum, several smaller-scale studies have been undertaken in Colorado.
The first in time was a health assessment commissioned by Garfield County, a west slope county home to roughly 10,000 oil and gas wells. The Colorado School of Public Health (CSPH) conducted it at the invitation of the county government. That same government curtailed it when the results were thought to be too alarming. Among the findings were high levels of benzene, a known carcinogen, at and near well sites. In fact, the assessment states that even at distances of 2,700 feet from a well site, toxic chemicals were still detectable at levels that would increase the chance of developing cancer by 66 percent based on published health standards.
I asked the authors of this study if the governor or any members of his staff had contacted them to discuss the assessment. Remarkably, they said, no. Strange indeed, since this study figured prominently in Governor Cuomo’s announcement that New York State was placing an indefinite moratorium on fracking until the health and environmental impacts of fracking were better understood.
Only weeks old, a first-of-its-kind study from The Endocrine Disruption Exchange , TEDX, measured more than 44 hazardous pollutants at operating well sites, again in Garfield County. Many of them are known to impact the brain and nervous systems; some are even known to harm the hormonal system of unborn babies. The study found prevalence of the pollutants up to .7 of a mile from the well site.
The lead scientist and head of TEDX, Dr. Theo Colborn , an environmental health analyst, who happens to live in Paonia, Colorado, at the doorstep of drilling in Garfield County to the north, has called for the U.S. to make further studies of these chemicals and their impact on all life, right down to the molecular level. Dr. Colborn even sent a letter to the President Obama and First Lady. Here is a video of Dr. Colborn reading the letter she sent to the President Obama and First Lady:
Another peer reviewed 2012 study out of Cornell’s College of Veterinary Medicine supports Dr Colborn’s results. That study headed by a professor of molecular medicine, Robert Oswald, and veterinarian Michelle Bamberger found significant health links between fracking and livestock exposed to fracking’s air and water byproducts. These animals suffered neurological, reproductive and gastrointestinal disabilities.
The National Oceanic and Atmospheric Administration (NOAA) has one of its high tech air monitoring towers located outside the small town of Erie, Colorado. There are five nationally. It recently released the results of long-term monitoring of air quality at Erie. The results are alarming and consistent with the TEDX and CSPH studies.
Perhaps the study’s most damning finding was that Erie, a bucolic town of roughly 18,000 folk, has air quality spikes, particularly methane and butane spikes, that exceed by 4 to 9 times those of Pasadena, CA, a suburb of Los Angeles, and Dallas, Texas, two cities with some of the worst, health threatening air in America.
NOAA reported that fully 4 percent of the methane gas produced in the Wattenberg field is leaked to the atmosphere and therefore never brought to market. The same NOAA team last year found that 9 percent of the produced gas was being leaked to the atmosphere in a large gas field on mostly Indian land in north central Utah. These percentages do not include gas that is intentionally burned off, called flared by the industry, as an operational prerogative open to the industry without regulatory penalty.
Natural gas processing plant in Ignacio, Colorado. Photo courtesy of TEDX The Endocrine Disruption Exchange
That Erie should share this dubious unhealthy air honor with the likes of Pasadena and Ft Worth can only be explained by the fact that it sits at the western extreme of one of the largest gas fields in the U.S., the Wattenberg Field.
The industry has tried to finesse the NOAA findings by claiming the high readings are from auto emissions along the interstate west of the city. NOAA has correctly pointed out that methane and propane are not auto exhaust products. They are clearly indicators of the massive volume of volatile organic gases escaping from oil wells and pipelines in the Wattenberg.
Adding to the science, a recent article in the journal Environmental Science and Technology , concluded from examining the NOAA data that oil and gas activity in the Wattenberg field “contributed about 55 percent of the volatile organic compounds linked to unhealthy ground-level ozone.”
This field, home to about 20,000 wells, is in Weld County, which Erie straddles. It and Garfield County are the epicenters of drilling in Colorado, but the industry sensing Croesus-like riches is branching ever southward and westward from Weld toward Colorado’s population centers. Like Croesus, the industry may have crossed a river of growing discontent that will eventually prove its undoing.
Glycol dehydrators for five wells. These separation units remove water and noxious gases, such as benzene, toluene, ethylbenzene and xylene (BTEX) from the natural gas. The tall pipe is for flaring the BTEX and other unwanted gaseous material. The water is then stored in tanks until it can be trucked to evaporation pits. Some dehydrators are connected to pipelines that carry the water directly to waste processing pits. Photo courtesy of TEDX The Endocrine Disruption Exchange
Too little noted in the Colorado fracking saga is what the NOAA study underscores. Methane, a gas with 105 times the heat capturing capacity of CO2 over a 20-year time horizon, is escaping at alarming rates from oil and gas drilling sites and pipelines.
To even consider methane recovered through fracking as an effective transition fuel in the fight against climate change , natural gas releases would have to be at less than two percent of volume. Presently, scientists at Cornell University estimated releases of methane to be at 4 to 7 percent of product recovered, making it worse, over the critical short term, than coal for climate change. This is of course without regard to the huge quantity of gas that is flared to the atmosphere as CO2.
An effective zero emission standard for health threatening and climate warming volatile gasses such as methane is technologically reachable, but don’t expect it to be part of Colorado oil and gas rule making. Here, the “little guys” in the drilling business are sometimes given exemptions from even the most rudimentary health considerations such as requiring enclosed holding tanks for fracking return water, deceptively called, green completion. The state’s position is that these “small guys” are not technologically equipped to install these tanks, which, in reality, are only a halfway measure, but better than open pits. Such a requirement would put them out of business says the state’s regulatory agency, the Colorado Oil and Gas Conservation Commission (COGCC). This agency has a dual charge. It is also charged with protecting public health.
One activist mother from Erie told me that the COGCC’s environmental exceptions for technologically challenged drillers is like arguing that a person who flunks out of medical school should still be allowed to perform brain surgery because that was his expectation and his monetary well being depends on it. Clearly, public health does not lead the list of governmental concerns at fracking discussions.
Compression station with separation unit. The separation units remove water from the gas as it comes into the facility and before it goes into the pipeline. For safety purposes, the gas must enter the pipeline at a pressure greater than that of the existing natural gas supply line. Huge diesel-driven fans cool the generators that create the pressure. Photo courtesy of TEDX The Endocrine Disruption Exchange
So, despite all the compelling evidence to the contrary, we are still assured by the industry that all is well. Our air is safe. Hick, like them, is confident in the wisdom of not knowing, though just recently he did make a bow toward sanity by asking for a little over one million dollars for air quality studies. Dr. Colborn, operating on a very tight budget, spent more than $400,000 monitoring the air emissions from just one well in Garfield County.
The governor, however, is not alone in singing the virtues of ignorance. Last year, the U.S. Environmental Protection Agency (EPA) inexplicably eliminated air quality impacts from its long awaited environmental study of fracking. A draft of this study will be released in 2014, with a final promised in 2015 after it has been peer reviewed by industry soldiers, sans air.
Insider review by the industry of its own operations has led my friend Wes Wilson, a retired EPA environmental engineer, to simply shake his head in disbelief. Undue industry influence is what caused him to blow the whistle on EPA’s Bush era white wash of fracking’s potential impact on public health back in 2004.
“We didn’t ask BP to participate in the evaluation of the DeepWater Horizon disaster in the Gulf. That would have caused howls of outrage from the public,” says Wilson. “We should feel the same outrage here, for, in truth, the impacts of fracking, as presently practiced, will have a much greater impact on public health and the environment than DeepWater.”
Three-tiered evaporation pit complex near Interstate 70 and the Colorado River. Photo courtesy of TEDX The Endocrine Disruption Exchange
Notes on the water we drink, and some we shouldn’t
Water use has received more attention, perhaps, than air quality in the Colorado debate over fracking, for after all, you can see it, but still it is in the not-to-worry register of state politics. Water is said to be king in the west, but from a regulatory standpoint it is a true pauper.
In Colorado, water is owned by the public, so says the state’s constitution, but it is treated as private property, most of it controlled by big agriculture and ranching, many of the same rent seekers who champion the irrational 150 foot setback.
Some background information is necessary to understand the potential impact of fracking on Colorado’s water, which, as many know, is projected to be a dwindling resource in the West as a result of climate change.
A grassroots organization, Be the Change , of which I am a board member, has aggregated information from state and federal websites on land leased to the oil industry. Be the Change did this because neither the state nor feds would, though they’ve been asked to do so, repeatedly.
Their calculation shows that at the start of 2012 approximately 9,000 square miles of public land in Colorado had been leased to the industry. This is roughly 10 percent of the state. Private land leases are thought to be greater, realistically much greater since most of the land in the Wattenberg field and on Colorado’s eastern plains is private. Thus, conservatively, 20 percent of the state is effectively owned by the oil and gas industry. Mineral rights overwhelm the rights of surface owners. This, too, is a source of concern and outrage by urban dwellers who never, until now, thought they would have to deal with an oil well as a fire-belching, air-choking neighbor.
The public/private leases combined constitute a landmass greater than that of nine states and rivals the size of West Virginia, a truly unfortunate arithmetic coincidence. But West Virginia will soon be left in Colorado’s exhaust since approximately 70 percent of Colorado is underlain by these deep oil bearing shale formations, and new leasing is continual, perhaps in the 1,000 square mile range annually.
Three-tiered evaporation pit complex for processing water from gas wells. Trucks unload water at the upper tier, allowing it to evaporate as it falls. The white dots in the pits are ‘misters’ to enhance evaporation. Photo courtesy of TEDX The Endocrine Disruption Exchange
The Bureau of Land Management (BLM), for example, sold off about 69,000 acres on Feb. 14 of this year. About 25 percent of the parcels went for $2 an acre, a minimum rate established in 1922 and that hasn’t been adjusted since. A quarterly event, dependent primarily on the interest expressed by industry speculators who nominate the land, this sale was originally scheduled for roughly double the acreage, but objections were great from the public, with the result that considerable land was withdrawn, at least temporarily. The BLM, when assessing suitability for oil and gas leasing, is often operating from environmental documents that are more than 30 years old, well before horizontal fracking with its huge water requirements was even dreamt of. These leases are for 10 years. The state has a similar minimum, but its leases are for a shorter five years, with a one year option.
Surely, someone, maybe even the governor, should want to know how this staggering transfer of ownership, for that is effectively what an oil lease is, will impact the state’s land, water, wildlife and recreation base. This knowledge is particularly important if one is interested in the potential water demand of thousand of fracked wells on these ever growing 20,000 square miles of oil leases. By comparison, the Bakken oil field in North Dakota , the new darling of the industry, is thought to measure only about 15,000 square miles.
Governor Hickenlooper at a recent meeting of the big water users and developers in the state said, unremarkably, that water is our most important resource. One could hope he was channeling W.H. Auden who observed, “Thousands of people have lived without love, but no one has lived without water.”
Unfortunately, the evidence suggests that Hick’s recitation was one of those made-for-the-audience statements, containing not even the least notion of what it was going to take to protect Colorado’s water in the face of massive new industrial demands from fracking.
The estimates for the number of new wells in the state over the long term are dicey, at best. The state has made none and apparently has no plans to do so. Thus, a swipe-at-the-sky estimate using industry statements made in public forums must serve as the basis for an estimate. An industry hydrologist said at a public meeting in Castle Rock, CO, a couple of years ago that they expected 60,000 new wells in the state over the next 20 years. More recently an industry spokesperson said that there could be 100,000 new wells in the state in 30 years. These would be in addition to the industry’s 50,000 presently producing wells in the state. These projections are not out of line with the estimated acreage under lease to the industry.
The 100,000 new well projection also jibes with recent drilling permit data. Last year 3,770 drilling permits were approved. If this number were to be repeated annually over the next 30 years, we might expect at least 100,000 new wells. In 2007, before natural gas prices tumbled from the production glut, 8,000 new well permits were approved. So, a projection of 3,300 new wells a year, where oil is the prize, not gas, is well within historical bounds.
Private evaporation pit for a complex of wells owned by a single company. Notice the white water truck with a red cab, emptying into the pit. Photo courtesy of TEDX The Endocrine Disruption Exchange
A wild card factor in the estimate game is the rarely discussed possibility that many of these wells will be refitted to tap different shale formations both above and below the Niobrara formation which is currently the big play—apparently an ersatz gambling term the industry likes to use to describe its development activities. These formations number as many as eight in some parts of the state. Development of these other shale formations would also increase well and water demand numbers.
As a general rule a vertically fracked well, which almost all of the 50,000 presently producing wells are, requires about 250,000 gallons of water in the initial frack. They can be and often are fracked multiple times to keep the oil and gas moving to the surface.
The new horizontally fracked wells take much more water, approximately five million gallons per well for the initial frack. They, too, it is thought, will be refracked, but the frequency is unknown given the activity’s infancy. The head of technical development for Halliburton has said, however, that refracking will require marginally more water with each refrack to be affective.
For purposes of attempting to estimate the overall water demand from fracking over a 30 year planning horizon, we can posit that by the year 2043 about 80 percent of the 100,000 new wells would be horizontally drilled and that the remaining 20 percent would be vertically drilled. This extremely conservative configuration would result in a water demand of 13.4 billion gallons for new wells in that year, or in the language of water planning, 41,000 acre feet. (An acre-foot, af, is 326,000 gallons, the amount of water required to cover an acre of land to a depth of one foot).
It is extremely important to note that water use by the industry is like no other. When they use water, they destroy it for any other use. When cities and agriculture use it, about 50 percent of it is returned to sustain streams and be reused by those downstream. So, while 41,000 af would be enough water for the domestic needs of about 410,000 people only half of it is actually consumed, with the other half being available for, in this example, another 410,000 people downstream.
By comparison, when the industry uses 41,000 af of water it consumes it all; thus, in reality, it is using enough water for the domestic needs of more than 800 thousand people. This consumption calculation is usually overlooked or ignored by industry apologist, both inside and outside government.
And remember something approaching the 41,000 af of annual demand in the 30th year would have been necessary to the industry for many years prior. Indeed, such demand might continue on indefinitely into the future, depending on the industry’s level of success in mining the multiple shale formations that underlie much of the state.
Still, it’s when one attempts to add in the potential water demand from refracking existing wells that the gallons begin to resemble something even Henry Paulson would recognize as really big.
For example, if one fifth of all wells needed to be refracked every year to sustain some level of production in a population consisting of 80 thousand horizontally fracked wells and 70 thousand vertically fracked wells, the annual water requirement, in the 30th year, could exceed 270,000 af annually, or enough water for the domestic needs of over five million people since fracking’s demand is based on 100 percent consumption or destruction as explained above. And here again something resembling this water requirement for refracking would have been required for many years previous and many years following. By comparison Denver’s present annual water demand, both residential and industrial, is approximately 240,000 af, only half of which is actually consumed.
And even if only one tenth of all wells needed to be refracked annually, the demand, based on 100 percent consumption, when added to what is projected for new wells is still staggering. This is particularly so in light of the fact that all of Colorado’s rivers on the front range, generally the rivers draining the east side of the continental divide, are already over appropriated; that is, there are more people with water rights than there is water to satisfy those rights. In fact, the taxpayers of this state have paid hundreds of millions of dollars to neighboring states, either through cash penalties or other forms of compensation, for water the state’s agricultural users have stolen.
Cannons shooting water to increase evaporation at the Ignacio natural gas processing plant. Note the cracks in the dirt berm in the foreground. Photo courtesy of TEDX The Endocrine Disruption Exchange
A few years back, the U.S. Supreme Court in ruling against Colorado in the Arkansas River case said, condemningly, that Colorado knew or should have known that it was stealing water that belonged to Kansas. The taxpayers have always paid the costs of reparation, not the farmers who stole the water, but that is old news.
Add to this mix that climate change is predicted to reduce snow pack and runoff in the southern Rockies. In fact, the U.S. Bureau of Reclamation in a new study predicts the annual flow of the Colorado River will be reduced by nine percent because of future temperature increases caused by climate change. It did not look at additional decreases that might result if the snow pack were also diminished. But NOAA has added to the grimness of our water future in a new report that projects a 10 percent to 20 percent reduction in Colorado’s snow pack by 2100 if CO2 emissions continue to grow at a modest rate. Thus further diminishing spring runoff to the Colorado and other rivers heading in the state, as well. Always, the Colorado River has been the river the water tycoons have targeted when more is needed, and more is always needed as long as the public can be gulled into paying for development.
One could argue that using some portion of the public’s water for fracking couldn’t possibly be any worse than using it to raise corn which is then turned into ethanol. Ethanol is probably a net energy loser. Some may recall that Cornell’s Professor Pimentel, among others, argued back in 2003 that it took more energy to produce ethanol than it generated. In Colorado, about 86 percent of the public’s water is used by agriculture, much of it to grow corn. Nationally, about 40 percent of all corn is converted to ethanol.
Alas, science-based assertions that ethanol was just another chimera did not stop the U.S. from adding requirements that some portion of every gallon of gas sold in this country has to contain the stuff. This came to be in that glory of American law making, the aforementioned Energy Policy Act of 2005. The virtue of ethanol in our gas tanks was a favorite nostrum of then Senator Ken Salazar. He, advertising himself as the senator for rural America, said ethanol would save the country. Colorado, incidentally, is one of the most urbanized states in the union. Salazar will soon be returning to the state since his resignation as Interior Secretary. The Denver Post is already touting him as a gubernatorial candidate in 2016, presumably after Hick leaves to run for President, an idea floated most recently in a New York Times editorial. He should have the oil industry’s financial backing.
Still if the oil industry wants the public’s water in what, by any reasonable yardstick, will be significant quantities, there should be a wide ranging public discussion of our water dilemma and how best to guarantee a future that protects the public’s water resources and the natural splendors of the state. That discussion does not seem to be on the Governor’s radar. He, in fact, has said repeatedly that he hopes the concept of self-regulation can continue to form the underpinnings for the state’s relationship to the industry.
In Colorado, trucks haul fluids more than 100 miles one-way into Utah on Interstate 70 (where the speed limit is 75 mph) to a large open pit facility. Photo courtesy of TEDX The Endocrine Disruption Exchange
Industry self-regulation is self-fulfilling in this instance since Colorado only has 16 inspectors to oversee the states 50,000 operating wells. These inspectors have responsibility over the state’s 80,000 non-operating wells, as well. Further complicating enforcement is the fact the state regulations disallow local environmental, health, and law enforcement staff any independent inspection or enforcement powers. It would seem that we have self-regulation by design.
The potential demands on Colorado’s fresh water should alarm every sentient being in the state. It’s too bad most of them have no recognized rights.
Equally disturbing is the way the industry is allowed to dispose of the polluted water that returns to the surface as part of the initial oil and gas production phase. Most of this flow-back water, as it is termed, is trucked off and reinjected into old wells that have been authorized for the purpose. Called Class II wells, about 200 of them are being used for fracking wastewater disposal , though the COGCC, recognizing the huge long-term demand, has recently drafted new regulations that would allow all nonproducing wells to become disposal wells. As I stated earlier, roughly 80,000 of these wells pock the state.
Some of course probably won’t be tapped, for some are within yards of schools and playgrounds and some others will be reopened given the new technology. Some others as Shane Davis of Fractivist has shown in his invaluable study of wells in Weld County actually are shallowly buried beneath new housing. Their reuse might prove difficult. Some sense of the magnitude of the potential waste-water disposal problem is gained by looking at the situation in Texas. There, according to state data, more than 50,000 disposal wells are used to service 216,000 active drilling wells.
It would be folly to deny, as one bobs down the vast river of deregulation big money and political mendacity have created under the guise of job creation, that the greed heads don’t rule the regulatory world in Colorado, if not the nation. In this regard Colorado looks a lot like Nigeria.
How much frack water is disposed of through the above described process? Well, from information gained from state studies done in North Dakota—there are no comparable studies available in Colorado—early returns of water from a newly fracked well vary from 11 percent to more than 50 percent of the injected water.
In addition to the early flow-back water, other water, called produced water, continues to be carried back to the surface over the operative life of the well, though in much reduced quantities. It too is destined for the reinjection graveyard. Information gathered in Texas, where disposal tracking is valued, suggests as much as 70 percent of the initial frack water volume, eventually, may have to be reinjected into disposal wells.
Although there is some reuse of frack water in the field, whatever is left is ultimately reinjected. Many alarms are being sounded about this practice. The former chief scientist in EPA’s Class II well permitting program has become suspicious of how the program is metastasizing well beyond its rather modest beginnings and has warned that all of these supposedly safe disposal wells will ultimately leak and, therefore, hold the fearful potential of infecting surrounding groundwater.
Mark Williams, a University of Colorado hydrologist studying western energy development is quoted in a recent ProPublica article as saying, “You are sacrificing these aquifers … By definition, you are putting pollution into them. … If you are looking 50 to 100 years down the road, this is not a good way to go.”
The seriousness of his assessment is given new meaning by the fact that in Mexico City deep aquifers, more than a mile deep, are being considered as a new long-term water supply as traditional sources dry up or become overtaxed.
Many other physical scientists have sounded the same alarm about production wells. Perhaps chief among them is Cornell Professor Anthony Ingraffea , himself a former industry scientist. It is his estimation that about seven percent of wells will leak almost immediately, 60 percent will leak in 30 years, and all will eventually leak. His concerns are more than borne out by a Duke University study in the Pennsylvania Marcellus showing remarkably high incidences of groundwater contamination associated with relatively new fracked wells. The industry has rolled up into its traditional pill-bug denial configuration, deflecting all charges.
Despite the industry’s trademark see-no-evil stance, some of the industry’s own studies relate the danger and substantiate Professor Ingraffea’s research. Schlumberger the industry’s clear leaders in fracking technology, along with Haliburton, said early on that under sustained well head pressure five percent of wells would fail within a year, 26 percent of wells at age four and 60 percent would fail at maturity, 32 years.
A 2009 study by members of the Society of Petroleum Engineers reached similar conclusions. Neither of these last two studies could be confused for the ranting of fire-breathing Jacobins.
In Colorado roughly 60 percent of the state’s water is groundwater. Much of it may be at risk if the production and injection free-for-all continues. And if that weren’t enough we can add that we don’t really understand the nature of the risk since we don’t know the chemistry of the water being injected. Yes, this water is largely unmeasured as to it constituents because it is exempt from the requirements of federal environmental law.
But consider this, in Douglas County south of Denver, one of the richest counties in the nation, ground water overdrafting is of epidemic proportions, having fallen more than 300 feet as a result thereof. It may be that in the future, a significant part of the supply for those inhabitants will have to come from even deeper aquifers. Will those aquifers be polluted and rendered unusable by our present shortsightedness?
The governor would do well to recognize that in storytelling the fellow who poisons the well is always the villain. Even the greater villain, in the modern day story, perhaps, is the overlord who accommodates it.
End Notes: Down a very deep rabbit hole
Not long ago a New York Times editorialist asked, given our plodding indifference to climate change, if we were going to be able to “avoid the greatest intergenerational environmental injustice of all time?” The fellow asking the question was Thomas Lovejoy, a professor of science at George Mason University and chairman at the H. John Heinz III Center for Science, Economics and the Environment.
His answer was muffled in doubt. In particular he wondered if we could act soon enough to limit heat-trapping gasses from exceeding the critical threshold of a 2 degrees C increase by 2100. True, many of us will be dead by 2100, I for sure. But my grandchildren and yours might not be if we act quickly to embrace a concept Nathaniel Hawthorne called the magnetic chain of humanity, but, of course, any variation on the notion that we-are-all-in-this-together will do.
Our link in this magnetic chain would be to simply insist that all venting and flaring of gasses at wellheads must cease except in the case of emergency.
As stated earlier, the technology is already developed to accomplish this. In addition, state law forbids waste in the production of natural resources. But that prohibition has probably gone the way of the constitutional prohibition against subsidizing private corporations. They have been overturned by the courts in whack-a-do rulings or simply ignored by the political ruling class armed with internal memos undoing the done.
All wells could not be converted at once, of course. So closures would have to be instituted until they could be. After all, waste of a natural resource, remember, has long been forbidden by our state law, and as the politicians are fond of saying, this is a nation of laws.
This prohibition would also apply to any new wells in that production could only commence once pipelines were in place to capture both the oil and gas. Oil can be stored on site, but gas cannot, at least not without substantial costs to the industry. This is the reason that in North Dakota the natural gas is simply flared and vented. The waste there was recently described as being great enough to power all the homes in Chicago and Washington, D.C. combined.
Norway, for instance, employees the waste-limiting regimen described above. They allow no production until the infrastructure is in place to capture both the oil and gas produced. Another big difference between Norway and the U.S. is that the resource is treated as a national resource, not one to be exploited by every character with an appetite for riches and who happens to own a checkbook, a drill bit, and a pickup. Denmark’s production is regulated as well to serve the national needs and accounts for over 25 percent of national revenues annually, though most goes into a rainy day trust fund for when the oil peters out.
Unlike Norway we continue down a path laid out by the industry. Waste, while illegal, is acceptable as long as it serves the industry’s bottom line. The true extent is unknown because it is unmeasured by the state. Thus, we are reduced once again to making our own calculations. So, if from four to seven percent of the 1,500 billion cubic feet of gas produced in Colorado in 2011 were lost through a leaky process as documented by NOAA and calculated by Ingraffea and others, we, in Colorado, would have wasted between 60 billion and 105 billion cubic feet of methane gas to the atmosphere. This is enough gas to heat between 750 thousand and 1.3 million Colorado homes. According to the census there are 2.2 million housing units in the state.
If we add in the amount of gas that is flared, which is almost certainly a greater amount, we can see that what is wasted in Colorado might not heat all the homes in Chicago and Washington D.C. combined, but is certainly enough to heat all the homes in Colorado.
For the public to regain control of the water it owns, several things need to be done? First, and most importantly, a serious water demand study with projections extending out at least 30 years must be conducted. Factored into these projections of demand must be a realistic examination of the sensitivity of our future water supply to climate change.
The reality of climate change has simply been ignored as the water buffaloes continue to look at the worn out solution of more dams financed by the public for the enrichment of the few, most recently the developers, but now, too, the oil industry. In this regard, know that we already have more than 2,000 reservoirs in this state, over half of them on the Front Range. Many often will not fill if climate change hits hard the southern Rockies as many climate scientists predict.
Water conservation, particularly in the agricultural sector which, as stated earlier, uses about 86 percent of the water, will almost certainly have to become more than a politician’s palliative if we are to realize a rational water future. Future conservation might even include the curtailment of corn-ethanol production, with its high demand for water and petrochemical fertilizers—but only if sanity reigns.
The result of the study will indicate where and how much water might be available to the industry. It is quite possible the study under certain climate change futures might indicate no safe availability. In which case, the industry would have to seek more expensive fracking mediums. In British Columbia, propane is reportedly being used successfully instead of water for fracking. Its use has the beauty of simplicity: gas in, gas out, thus, greatly reducing the wastewater disposal factor, though not the groundwater contamination threat.
Clearly, this sort of analysis needs to be done before more land is leased to the industry or more water destroyed. In a rational world, one in which the planet’s and public’s well being came first, this analysis would have been done already and the consequences understood.
Remember, too, that when the climate-change-denying, job-whores start their whine that jobs come before fustian concerns over our constitutional rights to “public peace, health, or safety,” remind them there will be a host of new jobs available in the oil patch. It will take a lot of people to install the controls needed to curb the huge waste of methane into the atmosphere at wellheads and along aging pipelines.
Because we really have no understanding of what we are doing in this dystopian nightmare of our own making, a moratorium on new leasing and horizontal fracking must be instituted. If Hick and his cohorts in the legislature cannot be made to understand our mutual responsibility in the climate change battle, or more personally our responsibility to the health of our fellows, human and otherwise, the folk will have to invoke its right to direct democracy through the initiative process, which our constitution describes as the “first power … reserved by the people.”
Commercial evaporation pits that accept fluids from independent truckers for a fee. Photo courtesy of TEDX The Endocrine Disruption Exchange
The initiative process is hated by the political elite, but it is the grand gift to us from the writers of our constitution who understood the corrupting power concentrated wealth had in the 19th century over federal and state legislatures, particularly as used by the railroad barons. The oil industry is more than a worthy modern-day replacement.
If we assume that, in the near term, some water might be available to the industry as a result of the comprehensive water supply study, the present free-for-all, in which every petty water provider can sell to the industry on the spot market for a tidy profit, must be eliminated
First, speculation in water as a commodity is forbidden by our constitution. If anyone is to receive the benefit of a market sale it should be the public to which the water belongs constitutionally and, in many cases, has paid for through federal and state subsidized water development programs.
Perhaps no one would be surprised, given the lay of the land in Colorado, that even though the public owns the water, it has never received any monetary consideration for the “beneficial use” of that water. On the other hand, if the public ever needs its water back to satisfy a growing population or to restore a river or stream, it must pay a market rate to reacquire it. The state’s constitution says the right for the beneficial use of water shall never be denied, but it does not say that reasonable compensation cannot be built into the transaction.
Secondly, the oil industry, like every other developer in the state, must be made to demonstrate they have a reliable water supply and identify the source of that supply as part of the leasing and permitting process. Evasion of this requirement, as the BLM and the state have allowed, by pretending that there is no relationship between land leasing for oil development and cumulative water demand is nothing short of idiocy. If they lease, we must assume they intend to drill, at least exploratorily, and that water will be the fracking medium.
Moreover, saving any short-term, fresh-water surpluses by injecting them into our rapidly receding Front Range groundwater reservoirs should always be considered. This water-reserving approach would help provide a long-term insurance policy against an uncertain water future, particularly since underground reservoirs tend to collapse once stripped of the structural equilibrium the mined water provided.
A complication in reclaiming the public’s right to protect its water supply from destruction whether by fracking or any other use is contained in a law the legislature passed in 1979. This legislation took deep ground water out of the public estate and gave it to the state water engineer for his administration. This was done so that developers in Douglas County could continue to over appropriate the groundwater that was otherwise threatened by the constitutional requirement to appropriation, that is, you can’t appropriate something that is already used.
To accomplish this slight of hand, they created a new class of water, calling it non-tributary groundwater. Apparently, they would have us believe it came from the center of the earth, not from slow surface percolation into deep aquifers. The result of this misbegotten assault on the public’s estate is a 300-foot decline in the groundwater table, as mentioned earlier. Unwittingly their malfeasance has set the stage for a inevitable fight between the oil industry and the developers over who gets the rest, the stuff the legislature apparently thinks came from the center of the Earth.
In this regard, it should not go unnoticed that in the writing of the state’s constitution considerable debate surrounded who should be the owner of the water in Colorado, the state or the public. The Populists won the day, arguing that if they gave it to the state, the state would let the wealthy and the corporations steal it.
We need to take back what is ours, and, despite the framer’s best efforts, perhaps they knew, someday, we might have to seek our own remedies. Perhaps that’s why they reserved for us the “first right” of legislation, the right of direct democracy, the right of the initiative.
As for Hick, he probably doesn’t agree with any of this. Why only last week he was back in Washington regaling Senators with stories of his derring-do in drinking fracking fluid . If it didn’t hurt him, it must be ok, reasoned he. What he didn’t say was that the fracking fluid he was drinking is quite expensive and is not known to have been used anywhere in Colorado. Equally unclear is whether Hick shows any of the signs Dr. Colborn’s studies indicate are associated with breathing fracking chemicals. Among them are a loss of empathy, smaller head size, and reduced cognitive powers.
As an activist told me at a rally against fracking at the state capitol, he wanted Hick to drive up near Longmont, where a spill of more than 80,000 gallons of green fracking fluid occurred last week, and drink a dram or two of that stuff. He said to those gathered, “now folks, that would be an acid test.”
In the end, if Hick and his administration can’t be turned toward defending the public interest, the public will have to go it alone with the support of a growing number of legislators who know their political future may depend on joining this fight against unregulated fracking. In fact, many are beginning to realize it is not so much a question of political well being as being on the right side of history.
In the short term that means every like-minded community, grassroots and public interest group in the state should sign on to help Longmont in defending its right to ban, either materially, with amicus briefs, or simply in letters of open support.
Last month, the city council of Fort Collins , the state’s fourth most populous city, passed a preliminary ban on all drilling within city limits. It also issued a letter of support to the people of Longmont. Can other cities be far behind?
Visit EcoWatch’s FRACKING page for more related news on this topic.
Wes Wilson contributed to this article.
This article has been reposted from EcoWatch.org with permission of Phillip Doe. – FRL
As a 30-year risk management professional, I have supported many multi-national organizations in risk mitigation best practices, studies, and programs. Informed by my background and because my family lives in northern Colorado, home of over 19,700 poorly regulated gas and oil wells, I have serious concerns about the effects on our health, our environment, and future property values from gas and oil industry activities.
Greeley Mayor Thomas Norton and his city council failed to consider these issues in their excessive support of an economy based on oil and gas. They persist in viewing oil and gas activities solely through a prism of arguable economic perspectives.
On 1/14/2013, the Cooperative Institute for Research in Environmental Sciences (CIRES), CU Boulder, and NOAA concluded that “oil and gas activity contributed about 55 percent of the volatile organic compounds linked to unhealthy ground-level ozone.” The study was published in the prestigious journal Environmental Science and Technology. In early 2012, the National Oceanic & Atmospheric Agency (NOAA) stated that well pad equipment leaked or vented an estimated 4 percent of natural gas produced to the atmosphere.
The Colorado Oil and Gas Conservation Commission’s (COGCC) database reveals that 60 of 1,000 spills reported in Weld county last year comprised 824,000 gallons of spilled and “unrecovered” oil, 383,000 gallons of “spilled” and “unrecovered” water and up to 547,000 gallons of “spilled” and “unrecovered substances labeled “other,” including fracking fluids.
And if Greeley’s elected officials are so concerned with economics, they should also consider recent real estate data that states that property values in and around oil fields typically depreciates 25% and up to 75% when the area is completely industrialized.
Mayor Norton fails to address any of these concerns when objecting to proposed COGCC setback rules. Instead, the mayor and council members should consider why citizens who live amongst over 400 wells within the city limits are concerned about adequate setbacks. Our elected officials should be concerned with making their community a healthier and safer place to live, both now and for future generations.
In addition to a minimal half mile setback from single and multiple family homes, churches, schools, community centers , and medical facilities, the City of Greeley should immediately institute an indefinite moratorium on gas and oil development until scientific analysis and assessments determine that these processes are safe.
A Health Impact Assessment would identify and describe the effects of gas and oil development on health. Minimal increases in incidences of chronic health problems could impact thousands of people and create escalating health care costs. The assessment should emphasize segments of the population most vulnerable, specifically infants, children, pregnant women and the elderly. It should also examine occupational risks to workers and to those living closest to drilling, fracking, and completed well sites.
Because the gas and oil industry is well aware of the risks of its heavily industrialized operations, it successfully lobbied for exemption from provisions of the federal Safe Drinking Act, Clean Water Act, Clean Air Act, National Environmental Policy Act, Super-Fund Act, Comprehensive Environmental Response, Compensation, and Liabilities Act (CERCLA), Resource Conservation and Recovery Act, Toxic Release Under Emergency Planning and Community Right To Know Act (known as the “Halliburton Loophole”).
The list of mitigations that the City of Greeley should require to protect all taxpaying citizens is more substantial that space here allows. Minimally, it should:
Retain independent inspectors to monitor the operations for abuses. Seventeen inspectors for entire state with only one for Weld County is ludicrous.
Regulate and control the complete filtration and disposal of all fluids and mud’s used in drilling and extraction of resources for contaminants.
Monitor Volatile Organic Compounds (VOCs) toxic vapor leakage around well sites with infrared photography.
Assure that adequate fire protection and mitigation resources are in place and regularly rehearsed in all communities to respond quickly to chemical and other disasters related to the industry’s activities.
Initiate industry impact fees for independent testing of all wells for aquifer depth, bore seal integrity, and water quality before, during, and for a minimum of five years after the well has been drilled and fracked.
Hold gas and oil companies accountable for construction, maintenance of roads and bridge infrastructure.
Monitor truck traffic and the behavior of transient workers employed and associated with the industry by local, county, and state law enforcement.
It’s well past time that our elected officials honor their oaths to guarantee citizen health, safety and welfare.
Over 25 organizations join forces to create “Protect Our Colorado” and calls on state officials to protect residents from dangerous energy extraction process.
WASHINGTON – January 14 – Today, more than 25 business, solar, farming, faith, consumer, environmental, grassroots and social justice organizations around the state came together to announce a new coalition to oppose the controversial oil and gas extraction process of hydraulic fracturing, known as fracking. The coalition, Protect Our Colorado, will call on Governor John Hickenlooper and state legislators to ban fracking in Colorado.
“Fracking endangers our health and contaminates our clean air and water. For the future of our children and our state, it’s essential that we stop fracking in Colorado and move immediately to a renewable energy economy,” said Casey Sheahan, CEO of Patagonia, Inc.
Earlier this month, Longmont became the first city in Colorado to ban fracking in a historic bipartisan vote, indicating that the tide of public opinion is turning away from fracking as more residents learn of its negative impacts on health, safety, property, air, water and families throughout Colorado.
“The overwhelming victory in Longmont and the launch of Protect Our Colorado signals that more and more Coloradans are waking up to the dangers of fracking. We are pro-Colorado, and there is no place for fracking in Colorado,” said Kaye Fissinger of Our Health, Our Future, Our Longmont. “Governor Hickenlooper has ignored, bullied and sued citizens in order to expand fracking in Colorado. It’s time that Governor Hickenlooper start representing the people of Colorado instead of the oil and gas industry by banning fracking in our state.”
With 47,000 fracked wells throughout the state, and the oil and gas industry looking to substantially expand that number in the next decade, Colorado has become an epicenter of fracking in the United States. A method of extracting oil and gas from rock deep beneath the earth’s surface, fracking uses high volumes of toxic mixtures of chemicals, 20 percent of which have been shown to cause cancer, and up to 50 percent of which can affect nervous, immune, respiratory, and cardiovascular systems. A recent University of Colorado-Denver School of Public Health report found that people living within a half-mile of fracking operations were exposed to air pollutants five times above the federal hazard standard, which could increase their chances of developing cancer by 60 percent.
Despite these scientific dangers, the Colorado Oil and Gas Conservation Commission (COGCC) just passed rules that do nothing to protect the health of people of Colorado. Instead state regulators are proposing that wells be situated only 500 feet from homes, schools, public parks, lakes and rivers.
In addition to the public health problems associated with the process, oil and gas companies regularly “externalize” many of the costs of doing business, making the local communities pay these costs, which include significant increases in heavy truck traffic and road damage, increased noise, dust, crime and demand on social and health-care services, police, fire, and emergency services, degraded air and water quality, and property value declines near well sites by as much as 75 percent.
“The oil and gas industry is lowering our quality of life along with our property values.” Audy Leggere Hickey of Boulder County Citizens for Community Rights. “Governor Hickenlooper needs to show strength, courage and integrity. He needs to stand up for the people of Colorado to ban fracking.”
A recent study by Western Resource Advocates found that water used in one year for new oil and gas development throughout the state could supply the entire population of Lakewood, the fourth-largest city in Colorado. Farmers are continually forced to compete against the oil and gas industry for access to water, even during periods of drought such as the one experienced this past summer.
“It’s unconscionable that the industry is so powerful in Colorado that it’s allowed to pour millions of gallons of toxic chemicals into the ground just steps away from areas where honest, hard-working Coloradans are trying to make a living, raise their families and send their children to learn,” said Ashley Collins with Adams County Unite NOW. “We can’t let Governor Hickenlooper and powerful special interests ride roughshod over local communities.”
Fracking is also exacerbating the climate crisis, as huge volumes of methane have been documented leaking at fracking wellheads, according to recent reports. Methane is a greenhouse gas that is 20 times more potent than carbon dioxide in trapping heat in our atmosphere. This has led some researchers to surmise that fracked natural gas may be as or more dangerous to the global climate than burning coal.
“These leaks are contributing to climate destabilization, which has already loaded the dice for record-breaking storms, floods, heat, and the wildfires and drought that have begun to plague our state and others in recent years,” said Micah Parkin, Colorado and Regional Organizer for 350.org.
A report issued by Food & Water Watch reveals that the industry may be poised to export as much as 40 percent of current U.S. consumption of natural gas and oil overseas to foreign markets, posing new questions for states that allow fracking to take place.
“Colorado’s oil and gas industry is threatening our health, safety and property in order to export natural gas overseas to foreign markets,” said Sam Schabacker, Mountain West Regional Director for Food & Water Watch. “Fracking has absolutely nothing to do with energy security and everything to do with the oil and gas industry looking for new and creative ways to turn a profit. That’s definitely not a burden Coloradans needs to take on.”
For more information, visit: http://www.protectourcolorado.org
Protect Our Colorado is comprised of the following organizations: Patagonia, Lighthouse Solar, Colorado Progressive Coalition, 350.org, Food & Water Watch, CREDO, Unitarian Universalist Church of Greeley, Holy Terror Farm, Foodshed Productions, Citizens for a Healthy Community, Our Longmont, Adams County Unite Now, Boulder County Citizens for Community Rights, The Mother’s Project, Frack Free CO, Community for Sustainable Energy, Elbert County Oil and Gas Interest Group, East Boulder County United, Frack Files of Weld, Frack Free Loveland, Conscious Global Leadership, The Question Alliance, Frack Free Boulder, Denver Community Rights, Routt County Frack, Frack Free Fort Collins.
Editor’s Note: The following address was given before the COGCC’s hearing on oil and gas setbacks. The public was limited to only two-minute presentations. The Oil and Gas Industry tried to prevent that, also.
Dr. Theo Colborn recently published her second peer reviewed study of Natural Gas Operations. Weekly air samples for over a year were taken 0.7 mile (that’s 3,696 feet) from a well pad in Garfield County. More than 50 airborne chemicals (some present in all samples) were detected – most known to have multiple health effects on humans when present in as little as parts per billion – 30 of those are known endocrine disruptors that particularly and profoundly affect children ….here is a copy for you.
I am here on behalf of 25,000 voting citizens of Longmont, who by their action on November 6th unequivocally told you the following:
You have a mandate to oversee exploration and production of oil and gas in a manner consistent with the protection of public health and safety
By your own admission neither the current nor proposed setbacks consider human health impacts — and you have not conducted or proposed a single such study
Yet – Article 2, Section 3 of the Colorado Constitution guarantees all citizens “safety” as an inalienable right
Therefore, until appropriate, objective, and adequate health impact studies are performed – no discussion of setbacks is valid or responsible…
Without such studies – tinkering with setbacks here amounts to little more than a distraction from the real issue of health and appears a cynical attempt to dupe and sedate the public into believing that you have their best interest at heart.
Until you give equal attention to the people’s health as you are mandated it will be necessary for we, the people, to take safety concerns into our own hands and protect ourselves as did Longmont….and as many more cities will surely do.
Until more study can be done, short of a moratorium, I suggest a starting point for setbacks at something more than the 3,696 feet that Dr. Colborn’s study shows to be serious health hazard.
As a native of Boulder County, and as the son of a man who worked in the oil and gas industry for 35 years, I feel compelled to respond to the hyperbole and melodrama of Encana Oil and Gas’s Wendy Wiedenbeck’s guest editorial (“Anti-fracking activism,” Op/ed Dec. 29). And, as the Colorado director of the national group Food and Water Watch that Wiedenbeck smears, I feel compelled to set the record straight about my organization and the community members that Wiedenbeck depicts as “extremists.”
Being almost completely devoid of facts, Wiedenbeck’s article uses emotional pleas and exaggeration. But what about the peaceful, earnest community members who she derides as “fringe activists?” These are mothers, fathers, teachers and small business people who have, until now, had no say to whether or not the oil and gas industry can put our air, water, soil and property values at risk by dangerous drilling practices like fracking.
Wiedenbeck wants sympathy, but it’s our health, our families’ safety and our communities that are threatened. Let’s examine the factual record.
There are 45,000 fracked wells in Colorado. Increasingly, the oil and gas industry — with the blessing of Governor Hickenlooper — is drilling merely a stone’s throw from our homes, schools, public parks, rivers and streams.
Fracking and its associated activities threaten our health. Nearly 25 percent of the chemicals used in fracking could cause cancer; 40 to 50 percent could affect the nervous, immune and cardiovascular system; and more than 75 percent could affect the skin, eyes and respiratory system. With these scientifically documented dangers, why is Governor Hickenlooper’s state regulatory agency permitting companies like Encana to drill wells next to elementary schools in Erie, where data from a recent NOAA study found levels of propane ten times higher than in Los Angeles?
Fracking contaminates groundwater. According to an analysis done by the Denver Post of the state’s own regulator agency’s data, oil and gas has contaminated groundwater over 350 times in the past 5 years. On average, there is more than one spill a day across the state.
It takes 1-5 million gallons of water to frack a well. Each well can be fracked multiple times. Multiply that across the 45,000 wells in Colorado and you get a sense of the sheer volume of water that is being laced with thousands of gallons of toxic chemicals and pumped into the ground. In effect, this water is removed from the hydrological cycle forever. Having just experienced one of our state’s most severe droughts, when 62 out of 64 counties were declared in a state of disaster, it seems unconscionable to continue such wanton destruction of our precious water resources.
Fracking drives down property values. There have been reported cases of home values dropping up to 75 percent due to nearby fracking activity. Increasingly, banks are not granting mortgages to property owners whose land carry oil and gas leases.
Sadly, it’s not just Wiedenbeck who’s obedient to the business objectives of the oil and gas industry — Governor Hickenlooper is astonishingly out of touch with Coloradans on this issue too. He has refused multiple requests to meet with Coloradans who are concerned about fracking taking place near their homes and children’s elementary schools. He has locked citizens out of “public meetings” that he has convened to discuss the issue while gladly keynoting at the oil and gas industry’s annual summit, starring in pro-fracking advertisements, and to suing the citizens of Longmont for attempting to protect their health, safety and property from fracking.
Wiedenbeck’s attack should be seen for what it is: A desperate attempt to cover up the fact that Coloradans don’t want fracking. This was made clear when citizens in Longmont voted overwhelmingly to ban this dangerous, industrial activity next to their homes and schools last November. The vote was a resounding mandate. It was especially notable because the oil and gas industry raised over half-a-million dollars to defeat the measure, including $30,000 from Wiedenbeck’s employer.
It’s unfortunate that Wiedenbeck finds it necessary to defame Colorado citizens, but it’s understandable. It’s less understandable — deplorable actually — that Governor Hickenlooper continues to dismiss, discredit and even sue mothers, fathers, teachers, farmers, nurses, retirees and business owners in Colorado who do not want fracking next to their homes and schools. These are the voices of reason and common sense.
Sam Schabacker is the Mountain West Region Director for Food and Water Watch.
OF the oil companies, BY the oil companies, FOR the oil companies
I shall vote in favor for several reasons, but principally because it draws a bright line expressing legitimate fears of citizens who are not comfortable that the State is protecting their interests. A friend of mine says the law is the law, and we must abide by it. And she thinks we would lose the suit, so why even set up for that defeat? Well, our elected representatives can change the law. And even if we should lose the suit, the entire governmental environment will have been changed in our favor.
Both the Governor and the COGCC present as being under the sway of commercial extraction interests to the minimization of looking after the public interests. The matter will play out in the courts, but I am proud that Longmont is likely in this election to make a strong statement favoring its own health and environmental interests — a statement that will serve as a wakeup call to all three branches of State government.
Legislative: Changes to COGCC laws should be rebalanced toward public interests, including enabling local government inspection and control, and oversight by field inspectors should be adequately funded. Executive: Protective regulations based on those changes to law should be written and vigorously enforced. Judicial: In the upcoming suit, so strong an expression of municipal self-interest will certainly influence the courts’ attitudes and likely decisions. Judges read newspapers.
And, almost without saying, City Council will necessarily prosecute the suit with full enthusiasm, despite the very puzzling slick-paper statement contrary to Question 300 by previous Mayors, paid for and distributed by unnamed sources. I am pleased that all the candidates in this election cycle are paying close attention.
Averaged over the Longmont populace, a Ballot Question suit might cost me two or four bucks. I think that’s a rare bargain.
Editor’s Note: Gordon Pedrow served as Longmont City Manger for 18 years prior to his retirement in March of 2012.
Nov. 6 is Election Day. Be sure to cast your ballot for the sake of your city, county, state and nation. Tucked in amongst the myriad partisan races is Longmont Ballot Question 300. This question is worthy of your careful scrutiny because it is a proposed charter amendment.
Is this what you want in Longmont?
Ballot Question 300 deserves careful attention for several reasons: It will amend the city charter, it is an important public health and quality-of-life issue, and it was initiated by thousands of your friends and neighbors. Usually, we look to the City Council to appropriately act to protect citizens from negative impacts of heavy industrial activity. However, when a majority of our elected representatives fail to carry out their responsibilities, the city charter and state constitution provide means by which the citizens can initiate actions they believe necessary to protect their community.
Beginning last November, the City Council studied how best to regulate the negative impacts of oil and gas operations within Longmont. This is an industry that is poorly regulated and coddled by the Colorado Oil and Gas Conservation Commission (COGCC), the state agency charged with regulating its operations in order to protect public health and the environment. Until June, when it came time for the City Council to adopt its comprehensive regulations, it appeared that most council members were in favor of acting to protect the community from oil and gas operations. However, at the last moment, under extreme pressure from the industry’s big-money lobbyists and state politicians, a majority of the City Council capitulated to the industry and refused to support comprehensive regulations. When it really counted, only Mayor Coombs and council members Levison and Bagley were willing to adopt adequate comprehensive regulations to protect Longmont residents. Most citizens would agree that an appropriately regulated oil and gas industry can be a win for everyone.
After it became obvious that the City Council majority would approve only a weak, watered-down set of regulations, a group of citizens opted to circulate petitions to amend the charter as proposed in Ballot Question 300. More than 8,000 citizens signed the petitions. All registered voters can now have a direct say in the outcome of the proposed amendment.
This issue deserves your careful attention now for a couple of reasons. First, you need to understand what it says so that you can assess whether or not it reflects what is best for our community. Second, you should examine the merits of the amendment prior to the misinformation tsunami that will soon be launched by the oil and gas industry, along with affiliated special interests, as they try to persuade you to vote no on 300. (Do you remember the hundreds of thousands of dollars’ worth of propaganda our community received from the cable industry when Longmont voters were considering home-rule control of telecommunication matters?) I encourage all residents to study the issues early so that you can adequately assess the veracity of information provided by both sides. Because the citizens who initiated the proposed amendment will have meager resources, it will no doubt be a very lopsided campaign.
It is easy to anticipate a few attack lines you can expect to hear from the well-funded opposition. These include: The industry will sue; Longmont has a representative form of government, so it is a City Council matter; the COGCC adequately regulates the oil and gas industry; and finally, Colorado has the most stringent oil and gas regulations in the nation.
As the attack ads appear, consider the following questions: Do you want to capitulate just because a multi-billion-dollar industry wants to resist adequate regulation and threatens to sue if it fails to get its way? If a majority of our elected representatives fail to protect our health, safety and the environment, doesn’t the city charter and state constitution provide a means for citizens to act? If the COGCC regulations are adequate, why did the governor on Aug. 15 tell the industry that new regulations are necessary for the industry’s “integrity and trust” and that citizens’ concerns about fracking must be addressed? Finally, do we care how stringent Colorado regulations are if they do not adequately protect public health, safety and the environment? Just last month, the governor admitted the state’s regulations are not adequate.
Voters, the issue belongs to you. Do your homework and cast your ballot.
The law should stand behind the people, not on top of them.
Thank you, Longmont City Council, for standing your ground against the Colorado Oil and Gas Commission. The regulations that Longmont has put in place regarding oil and gas drilling are weak at best, but so common sense that it’s hard to fathom how the state could oppose them. Wouldn’t everyone hope that we’d monitor groundwater for possible contamination, keep heavily industrialized operations out of residential neighborhoods and have setbacks to protect our streams? Even those who fully support the idea that fracking is safe and necessary can see that in certain settings there should be limits.
The local community should be allowed to have a say in its own health, safety and well-being. And rest assured, there are safety issues when it comes to fracking. Just this week, a blast at an Encana fracking site in Weld County killed one worker and injured three. My heart goes out to the families of those workers. Do we really want to take the chance of something like that happening right next to a school, or playground, or our own backyard?
What’s at issue here is much more than whether or not fracking itself is safe or necessary. It’s an issue about whether or not a local community has the right to protect its own best interests. The COGCC is using its power to bully our small town. And when a bully gets its way, it only makes the bullying worse. If you ask me, the fact that they are actually suing our town over these minimal, common-sense regulations just builds a better case for why we, as a community, should assert our constitutional right to ban the practice of fracking within our city limits by voting for the Longmont Public Health, Safety and Wellness Act in November.
On Monday, July 30, 2012, the State of Colorado filed a lawsuit in Boulder District Court to prevent the City of Longmont from implementing a ban on drilling for oil and gas in the city’s residential neighborhoods. The suit was filed by Jake Matter, Deputy Attorney General, on behalf of the Colorado Oil and Gas Conservation Commission (COGCC).
The COGCC has consistently refused to acknowledge the right of local governments and their citizens to exercise control over heavy industrial activities in their communities. The suit claims that “No possible construction of the disputed provisions of the ordinance can be harmonized with the state regulatory regime.” The state wants the court to throw out the city’s regulations without so much as a trial.
This suit is a stab in the back of every resident in Longmont. The state has essentially said, “We don’t care what you want. If the oil and gas industry wants to drill next to your homes and schools, we will allow it. It’s our right to let them and we will take you to court to shut you down.”
This is a very disturbing, although predictable, action by the State of Colorado. The state, its agencies, and its elected officials have sworn to uphold the Constitution of the State of Colorado, which guarantees citizens’ rights to health, safety and well-being.
The citizens of Longmont should not and will not be intimidated or bullied by any government entity. Voters in Longmont must stand firm in November and vote for the Charter Amendment, The Longmont Public Health, Safety and Wellness Act, sponsored by Our Health, Our Future, Our Longmont. The amendment prohibits the hazardous practice of hydraulic fracking and waste injection wells within Longmont’s city limits. Fracking is harmful to children, families, the community, and the environment.
In a letter to the City of Longmont, the Colorado Oil and Gas Association insists that the citizens of Longmont do not have the right to protect their property, safety and health from the negative impacts of hydraulic fracking. Industry’s refusal to respect these inalienable rights is premised on their insistence that we must instead “respect the primary regulatory authority vested in the Colorado Oil and Gas Conservation Commission (COGCC).”
Our Health, Our Future, Our Longmontbelieves that the Colorado Constitution gives all citizens the right to protect their property and live safe, healthy lives. It is the authority to which all of Colorado’s statutes must be subordinated and thus it does not give the oil and gas industry the freedom to damage our property values, endanger our families or pollute our air and water.
Despite protestations to the contrary, case law covering the interaction between the COGCC, Colorado’s designated agency for oil and gas development, and local governments is unsettled law. Colorado case law is a mixture of rulings that apply to dissimilar forms of municipal government. Such disparate rulings have been cobbled together and used by the oil and gas industry and the COGCC to intimidate municipalities from exercising their responsibilities to protect their citizens and their communities.
Municipal government comes in many forms, among which are counties, home rule cities and statutory towns and cities, each of which allows for different degrees of authority and independence. Among the powers afforded home-rule cities like Longmont is the authority to regulate the use of land on the basis of its impact on the community or surrounding areas and to regulate the use of land so as to provide for its orderly use and the protection of the environment in a manner consistent with constitutional rights.
The “findings” included in Our Health, Our Future, Our Longmont’s proposed amendment to Longmont’s city charter identifies another constitutional protection. “The Colorado Constitution confers on all individuals in the state, including the citizens of Longmont, certain inalienable rights, including ‘the right of enjoying and defending their lives and liberties; of acquiring, possessing and protecting property, and of seeking and obtaining their safety and happiness,’ Color. Const. Art. II, Sec 3.”
Hydraulic fracturing (fracking) violates these constitutional rights by threatening our health, endangering our children, diminishing property values and contaminating our water and air.
Frequently cited case law has not ruled on the constitutional protections afforded Colorado citizens but instead has focused on the statutory authority delegated to the COGCC. Also, new technology and the effects of multi-well pads using directional high volume fracturing have not been considered in past case law.
The COGCC, through the Attorney General’s Office, and the oil and gas industry have been seeking a court ruling on complete preemption of municipal control for years. The courts have refused this interpretation. As recently as the 2012 Colorado legislative session, a senator sponsored a bill (SB-88) that would have accomplished that objective for the oil and gas industry. The bill was killed in committee.
The arguments that are being put forth by the industry and COGCC are intended to intimidate local governments and dissuade Colorado citizens from asserting and claiming their Constitutional rights. Such arguments are inaccurate and blatantly indicate that the issues surrounding oil and gas drilling in Colorado have not been legally settled.
Neither the courts nor the COGCC have adequately addressed the Oil and Gas Act’s legislative mandate to “foster the responsible, balanced development, production, and utilization of the natural resources of oil and gas in the state of Colorado in a manner consistent with protection of public health, safety, and welfare, including protection of the environment and wildlife resources” (emphasis added), the first and presumably overarching restriction on all other directives contained within the Act.
The proposed Longmont charter amendment seeks to restore constitutional and statutory protections for our “health, safety, and welfare.” It does not seek to ban all drilling for oil and gas within the Longmont city limits, but to ban only one specific, particularly harmful extraction method, hydraulic fracturing, in order to guarantee and preserve constitutionally protected individual rights to health, safety and well-being.