Our Broomfield Protests City’s Title for Fracking Moratorium Ballot Initiative
City’s Ballot Title Violates State Law, Does Bidding of Polluting Fracking Industry, Undermines Democratic Process
Broomfield,CO — Today, Our Broomfield, which collected 3,000 signatures to place a 5-year moratorium on fracking on the November ballot, filed an official protest of the City’s wording of the ballot initiative that will appear on the November ballot. The wording was adopted by the City Council on Tuesday August 13th and violates state law as well as the intent of the petition circulated by Our Broomfield. This is the language proposed by Our Broomfield:
“Shall Broomfield’s Home Rule Charter be amended for five years so as to prohibit the use of hydraulic fracturing (fracking) to extract oil, gas, or other hydrocarbons within the City and County of Broomfield and to prohibit the disposal or open pit storage of solid or liquid wastes created in connection with the hydraulic fracturing process in order to protect property,property values, public safety, welfare and the environment?”
This is the language the Council adopted:
“Shall Broomfield’s Home Rule Charter be amended to prohibit the owners of property rights in oil and gas minerals from extracting their property through the use of hydraulic fracturing methods and impose additional restrictions on wastewater storage and disposal methods than existing state regulations for the next five years to address concerns about the potential dangers of hydraulic fracturing?”
Our Broomfield contends that the City Council manipulated the language for political purposes in order to persuade voters to not vote for the amendment,also violating State Law under the Colorado Municipal Home Rule Act of 1971.
“We feel that the Title language agreed to by the Broomfield City Council in their 5-4 vote is prejudicial to the outcome and does not correctly and fairly express the true intent and meaning of the ballot measure. The majority vote of the City Council is attempting to undermine the local democratic process – we feel this violates the ballot initiative process as well as state law,” said Laura Fronckiewicz of Our Broomfield.
“We presented the City with an Amendment with the required signatures and in good faith expected that the Ballot Title would accurately represent the proposed Amendment. The words “public safety and welfare,” which are clearly and expressly stated as being central to the intent, have been removed from the Title altogether.”
“The City Council must respect the will of the people and not be subverted by this billion-dollar industry,”Fronckiewicz said.
The protest, filed by the University of Denver Law Clinic on behalf of Our Broomfield, is posted here:
I watched with anticipation yesterday as President Obama delivered his speech laying out his new climate action plan. Climate change is one of the most pressing issue of our time, and one on which the United States desperately needs to lead. While it was heartening to hear the President take on climate deniers and pledge to fight the problem, his full-throated advocacy for fracked natural gas and oil was more a case of two steps back than a giant step forward.
A major pillar of the President’s climate action plan is increased production and use of domestic fracked natural gas – and it wasn’t just gas – he also lauded increased domestic oil production. While Obama didn’t use the word “fracking,” that is the method used to extract gas and oil in communities across the country. He repeatedly referred to “clean burning natural gas” and lauded it as a “bridge fuel.” But if our goal is stemming climate change, fracked gas is a bridge to nowhere. It’s true that we need to identify new sources of energy, but we can’t drill away our energy problems.
There is a strong and growing movement against fracking – not just because of its documented impact on water, air and communities, but also because it is a driver of climate change. Americans Against Fracking, a national coalition to ban fracking has over 200 organizational members and vibrant state based coalitions pushing for a ban in New York, Colorado, California and elsewhere. People across the country are growing to understand what climate scientists have said for years—that we must leave our fossil fuels in the ground to avert climate change.
Our movement is growing and our elected officials have not caught up to their constituents. It’s critical that we pressure President Obama to listen to the science and to this growing movement against fracking for oil and gas. We also need to continue to hold him accountable for decisions he is making that contribute to climate change. His Interior Department’s Bureau of Land Management, for example, is facing critical decisions about fracking on public lands and his administration is also making key decisions on liquefied natural gas exports, pipeline projects and other infrastructure projects.
Tisha Schuller, CEO of the Colorado Oil and Gas Association, has been busy making the public relations rounds these days. And she’s promised to remain busy all summer as she goes from editorial board to editorial board with her latest talking point: polarizing.
What has Ms. Schuller (and the oil and gas industry) so motivated? Fracking, of course. Or more accurately, public opposition to fracking, a highly toxic and dangerous extraction method that threatens the health of every man, woman and child nearby or downwind of the volatile organic compounds that are released.
“Out in the boonies,” for the most part, and away from populated areas, until recently, the oil and gas industry had the luxury of operating under the radar of the air traffic control of the Front Range.
We should have been paying closer attention. But then, those in powerful places really didn’t want you to know very much. It might raise your eyebrows; bring frowns to your forehead; make you question. It might even activate you.
The West Slope has been fighting the fallout from fracking for oil and gas for years. Trying to preserve their health and their way of life, our friends on the other side of the Rockies have been battling their county commissioners, the U.S. Bureau of Land Management, elected officials and don’t forget Big Oil, tirelessly and with determination, while most of the rest of us were leading our lives in “blissful ignorance” to the looming threats.
Ah, Ms. Schuller, I’m sure you long for the good old days, when all you had to do was keep an eye on the politicians in Denver to be sure that enough of them were on the same page as you.
So you tell your tale of woe to the newspapers so that your message, “We’re the good guys,” will be delivered by reporters not organizations that Big Oil has created and financed (Longmont Times-Call, “Colorado Oil and Gas Association seeks to depolarize local drilling disputes,” June 4, 2013).
With the inside media track, you write more of the same in the Denver Post. You moan and wring your hands about how abused the oil and gas industry is when all they do is provide you with, well, “everything.” You claim that “drill, baby, drill” is not you. If there even is such a thing, it comes from “extremists” on your side.
You claim that anyone against the vile consequences of horizontal hydraulic fracking is an “extremist” on the other side. Big Oil is no “villain.” They are your mommy and daddy taking care of your every need. “You’ll realize we were right when you grow up.”
But you, COGA and all of your industry members and the 501(c)(4)s that carry out your public relations and advertising directions, who execute your carefully crafted talking points are the “moderates.” Oh, please!
You do know “Energy in Depth,” don’t you? When you read about them on their website, you are given to believe that they are just a nice public service organization who will deliver, as “Dragnet’s” Sgt. Joe Friday would say, “Just the facts, ma’am. Just the facts.”
But founding member IPAA (Independent Petroleum Association of America), in a 2009 internal document, wrote, “IPAA’s government relations and communications teams have been working around-the-clock on a new industry-wide campaign — known as ‘Energy in Depth’ — to combat new environmental regulations, especially with regard to hydraulic fracturing.”
It went on to say, “The ‘Energy in Depth’ project would not be possible without the early financial commitments of: El Paso Corporation, XTO Energy (now owned by Exxon/Mobil), Occidental Petroleum, BP, Anadarko, Marathon, EnCana, Chevron, Talisman, Shell, API, IPAA, Halliburton, Schlumberger and the Ohio Oil and Gas Association.” Giants, all giants of the most profitable industry on earth, pretending to be the “David” in a battle against attacks from folks like the Longmont voters who banned fracking in our city.
EID was orchestrated as a “major initiative to respond to … attacks” and to devise and circulate “coordinated messages” among federal and state associations and member companies “working closely with news media and policymakers.”
So look for the word “polarize” to repeat over and over while COGA presents itself as the only sensible entity. But don’t believe it. Don’t count on COGA to protect your health and all that derives from it.
Ah, for the “good old days.” It’s a lament that’s heard a lot these days — from a lot of quarters and for a lot of reasons. Some pine for their youth and vigor. An “empty nester” might long for the days when the kids were little. Some might wish for a full head of hair.
But more often than not, those words are spoken in a political context. Conservative Republicans long for their hero, Ronald Reagan. Progressives have to go all the way back to Carter or Johnson, and especially to Franklin D. Roosevelt.
Up and down the political “food chain” there are not many “real Democrats” left. (Yes, I know, very punny.) It’s especially true as you go further up that chain. The genuine Democrats were replaced by others heralding from the Democratic Leadership Council or eliminated by the painstaking work of Newt Gingrich to poison the public’s perception of Congress so that it would be ripe for a takeover by his clones.
OK, I can see conservatives and corporatists “visitors” uttering “yeah” with two thumbs up. The “flat earthers” and the “birthers” and the “Bible thumpers” may not join in the cheers. But, hey, they are mostly just along for the ride (or the votes), while the money changers are forming “one world under the dollar with liberty and “justice” only for them.”
In reality, there is no more Democratic Party. Oh, yes, they still use that name. We have only ONE political party in charge of our government; but it has two branches. I like to call them the Republican Corporate Party and the Republican Lunatic Fringe Party.
Which leads me to the point of this article — President Barack Obama and his junior wannabe president Governor John Hickenlooper. The “we have every right to spy on Americans” president and the “fracking fluid drinker” governor are two cases in point.
While spending some time exploring the many articles that find their way into my Inbox, I found one especially astute and honest, brought to me courtesy of OpEdNews. “Dear Obamaheads” by John and Jean Anton is worth reading in it’s entirety. Please do. But here’s the part that I’ll borrow for this article. (Some of my good Democratic friends may not like this. But there’s an elephant that some don’t want to see.)
[Obama] should consider how much easier life would be for him, if he were a Republican. He wouldn’t have to make any more promises that he had no intention of keeping. He could build even more nuclear plants, extend even more gas lines, and subsidize fracking everywhere without worrying about environmentalists. Whistle-blowers could still be arrested as traitors, tortured, and imprisoned indefinitely “for their own good” without guilt….
Best of all, in the name of national security, he could join Republicans in ignoring all the amendments to the constitution except two: the one that says corporations are people, and the one that says yes, even four-year-olds have the right to carry weapons of mass destruction to school, to libraries, to lavatories.
He could lie like a Republican. He could bully like a Republican.
He could steal from the poor and the middle class to give to the rich like a Republican. He could continue to wage war everywhere in the world with only a nod of his head, without congressional approval, without the support of the American people whose blood he could spill and treasure he could spend because — he wants to.
In other words, instead of being a fake Democrat, he could be a real Republican.
What is it that broadcasters like to say? “And now we return you to your local programming.” Moving on to Colorado…
Frackenlooper appears to be digging his own political grave.
Yes, I really need to say more about our beloved Frankenlooper. We wouldn’t want him to feel slighted. After all, he may be the “chosen one” to replace Obama in 2016. The Democratic Governors Association loves him and is doing everything in its power to elevate Hick’s profile (with a little help for oil and gas $$$). And he’s a safer bet than New York’s guv, Andrew Cuomo — at least when it comes to oil and gas.
Although not everyone has faced the true political identity of Barack Obama, there IS a growing body of awareness where Frackenlooper is concerned. He knows how to get down to business, Big Business, Big Oil Business. Whether overt or covert, he gets the job done for them.
BUT! He overplayed his hand when he sued the City of Longmont. No one bought his “sleepless nights” or his “last resort” rhetoric. Well, maybe not “no one.” But it certainly was a media and public wake-up call. Even then, Hick was more politically tone-deaf than what might be expected of a calculating pol. He went for the knock-out punch and instead got knocked out himself when he strutted his stuff and said that he’d sue the pants off anymore communities that dared to ban fracking for oil and gas.
Oops!! That’s when his handlers stepped in. And if he didn’t figure it out all by his lonesome, they said, “Hey, Hick! You can’t keep doin’ this. When you find yourself in a hole, stop diggin’. Let COGA [Colorado Oil and Gas Association] and the industry folks do it for you.”
It wasn’t long ago that Hickenlooper was sporting a 54% approval rating. However, the recent Quinnipaic poll has him now at 47%. That’s frightening for an incumbent, even if it’s spun otherwise. Quinnipaic coupled this survey with Hickenlooper’s decision on the Dunlap death penalty matter. But they were too narrow in their research into causation. Many of those up in arms about Hickenlooper’s decision for a temporary reprieve won’t vote for the governor for any number of other reasons.
Hick is losing support from “his base,” the Democratic voter that is furious with him for his position on oil and gas legislation.
So here’s the message to our Colorado governor: If you want to get re-elected in 2014 and have that shot at the coveted whole enchilada, get on the right side of history. Let local governments determine whether or not they want oil and gas drilling and specifically hydraulic fracturing for the stuff in their communities. Don’t con us. No weasel words. No lies.
If you do this, most will come back to you next November in stead of staying home or even voting Republican because they just can’t pull the lever for you. The big oil and gas bucks into your campaign account are not going to save your political hide. In fact, they will help do you in. “You can run but you can’t hide.” has all kinds of meanings this time around. Your Republican opponent may not bring that up, but be sure that others will.
So spend some of those sleepless nights that you really didn’t spend before you sued Longmont thinking about YOUR future. The rest of us are going to do all we can to preserve ours. And that might not include YOU.
Longmont, CO…Our Health, Our Future, Our Longmont, the organization that sponsored the city charter amendment that banned hydraulic fracturing (fracking) in Longmont, will hold an educational conference on fracking (hydraulic fracturing) and its many perils.
“Be FrackSURE: What you don’t know may WELL hurt you,” will be held on April 27, 2013, from 9 AM to 5 PM at the Plaza Conference Center (1850 Industrial Circle, Longmont) behind the Best Western Plus Plaza Hotel. Tickets for the event are $38 to cover the costs of the event. Pre-registration is necessary and tickets can be purchased at www.fracksure.org.
Our Longmont is thrilled to have Dr. Anthony Ingraffea as the Keynote Speaker at “Be FrackSURE.” Dr. Ingraffea is the foremost engineering authority on fracture mechanics and holds the prestigious title of Dwight C. Baum Professor of Engineering in Cornell University’s Department of Civil and Environmental Engineering. “With his partners in what has become known as the Cornell Study, Dr. Ingraffea revealed that, contrary to the never-ending mythology promulgated by the oil and gas industry, unconventional gas, procured by fracking likely emits more greenhouse gas pollution into the atmosphere during its life cycle than does coal,” said Our Longmont’s Kaye Fissinger.
In 2011, TIME Magazine named him one of its “People Who Mattered.” Not only is Dr. Ingraffea among the “people who matter,” but he also recognizes that people matter in this battle with the oil and gas industry, politicians who embrace it, and regulators too closely tied to it. When asked his position on the impacts of drilling for oil and gas using horizontal fracking, Dr. Ingraffea, with his vast knowledge in this area, unequivocally states, “Where shale gas development has not yet occurred, ban it. Period. Where it is occurring, enact ironclad regulations, inspect for compliance with them with dogged diligence, and enforce them relentlessly with fines that really mean something.”
Dr. Geoffrey Thyne will be the featured speaker during the “Be FrackSURE” buffet luncheon. Dr. Thyne, author or co-author of over 50 peer-reviewed scientific papers, will speak to the complexities of research and the influence of industry and government in academic settings.
Breakout sessions on the health ramifications of fracking on air and water and on the economic ramifications of fracking will include notable experts Phillip Doe, Wes Wilson, Shane Davis, Pete Morton and Jeanne Bassett. Sam Schabacker, Mountain West Region Director for Food & Water Watch, will discuss ways for others to protect their communities from the dangers of fracking in urban areas where people live, work and play.
Said Michael Bellmont, spokesperson for Our Longmont, “No day would be complete without music and Our Longmont is proud to be able to present the acclaimed Hazel Miller, who has been called a ‘force of nature’ herself. With her ‘stunning, moving, and powerful’ voice, Hazel has been a sought after performer in Colorado for the past 24 years. Whether she is singing blues, jazz, pop, or Gospel, her voice charges the songs with a primal dose of genuine soul.”
Our Longmont’s “Be FrackSURE” is proud to have Patagonia as its corporate sponsor. Patagonia, a designer of outdoor clothing and gear, explains its sponsorship of Our Longmont’s “Be Frack SURE” conference, “We give at the grassroots level to innovative groups mobilizing their communities to take action. This is our niche: supporting people working on the frontlines of the environmental crisis.”
Our Longmont encourages everyone who is concerned about fracking and who wants to be more fully informed by experts in their fields to join with them for this interactive, informative, day-long event. Come celebrate the progress that has been made in Colorado to restrain and prohibit the dangerous practice of fracking, and to energize our continuing efforts to keep up the fight for our health, safety, property values and quality of life in Longmont, along the Front Range and throughout all of Colorado.
Boulder County Commissioner Elise Jones clearly won the debate against Governor Hickenlooper about “Who Should Control Hydraulic Fracturing in Colorado” that took place at CU Denver Law School. The debate was held on April 1st at Denver University’s Sturm College of Law. The complete debate may be heard here.
Commissioner Jones was more persuasive in advocating for local governments to have local control to ban fracking in residential neighborhoods and other places. She also had better command of the facts for why the regulatory environment needs to level the playing field between fossil fuel and renewable energy development.
“Oil and gas fracking poses many risks to our health, to our air and water, to our property values, to our quality of life. Fracking for oil and gas is an intensive process with a heavy footprint. It is not something you want near your home, your kid’s school, your parent’s nursing home or your drinking water,” Jones said.
“Why are we having an argument about drilling in cities near schools and homes? That is a ludicrous place to drill. Allowing local governments to regulate and ban if they want, works better for a renewable energy future.”
Commissioner Jones presented compelling arguments in favor of local control. Take note on the points that follow as these and others can arm Boulder County with legally defensible reasons to extend the moratorium in Boulder County after it expires in June 2013. If we don’t extend the moratorium, the City of Boulder’s land in unincorporated Boulder County will be fracked.
She also referenced a 1994 Colorado Supreme Court ruling where a uranium mining mill in Weld County was not allowed to extract uranium out of the ground because of the radiation that could be emitted and cause harm to the public. The Colorado Department of Health won the suit and the company did not sue for lost resources.
During the debate, House Bill (HB) 1269 Conflict of Interest with the Colorado Oil & Gas Conservation Commission (COGCC) was raised.
The COGCC was developed in 1951 at a time when there was a perceived need to foster oil and gas development. That need no longer exists as the oil and gas industry is now the wealthiest industry in the world and production continues to rapidly expand, despite public outcry against the permanent removal of what will be trillions of gallons of drinking water from the hydrologic cycle if allowed to continue in a draught state, and 9 percent or higher methane leaks that directly contribute to climate change.
Currently the COGCC is mandated to both promote and to regulate oil and gas, a clear conflict of interest. HB 1269 would remove the promotion mandate and allow the COGCC to focus on public and environmental health and safety exclusively. This would be a much wiser use of our taxpayer dollars and would begin to give renewables a fighting chance to compete.
As introduced, the bill also redefines “waste” to allow the commission to not extract hydrocarbons under the Earth when methods and locations would jeopardize human and environmental health; and prevents members of the commission from simultaneous working for and having a financial interest in the industry they are charged with regulating.
HB 13-1269 passed the full House of Representatives, but unfortunately not without amendments, both of which watered down a superior bill.
HB 1269 now moves to the Senate.
Neshama Abraham is the founder of Frack Free Boulder.
Fort Collins, CO – Today, three citizens groups – Clean Water Action, Sierra Club, and Frack Free Fort Collins – asked the City of Fort Collins to keep its drilling and fracking moratorium in place to protect citizens from cancer-causing fracking chemicals. The moratorium was set to expire on July 31, 2013; the vote to terminate the moratorium is set for Tuesday night, April 16th.
On Tuesday, March 5, 2013, the Fort Collins City Council passed a ban on fracking that grandfathered in the current driller, Prospect Energy LLC, allowing that driller to drill and frack on its eight currently occupied well sites in northern Fort Collins. However, three weeks later on March 19, on a flipped and contested vote, the Council passed an “Agreement” with that driller that included opening up 1,280 acres (2 square miles) of new land inside the City of Fort Collins for drilling and fracking surrounding the Budweiser brewery. The “Agreement” with the driller effectively undermines the ban and was moved forward to the Council with no public meetings or Council work session beforehand.
As a result, Clean Water Action, Sierra Club, and Frack Free Fort Collins are requesting that the moratorium stay in place and that a new Agreement with the driller be negotiated.
Although the Council originally voted 5-2 for the ban on fracking, the vote flip-flopped three weeks later when Mayor Weitkunat and Councilmember Horak joined in an anti-environmental majority and voted to open up 2 square miles for new drilling and fracking. Ironically, in the weeks leading up to the ban, Horak publicly positioned himself in the media as an anti-fracking supporter garnering a large front-page story in the Fort Collins Coloradoan and other stories in the regional media. Horak even publicly stated that he proposed the ban and helped write the language for the ordinance. Horak was quoted in the Fort Collins Coloradoan as saying:
“This will ban fracking in 99.9 percent of Fort Collins and avoid a very costly lawsuit with the current operator,” Horak said.
But three weeks later, Horak flip-flopped and voted to open up 2 square miles of land in Fort Collins for fracking. Horak’s role in the fracking ban was clouded in controversy from the beginning. A month before the vote, Horak attended a “closed-door meeting” with the Matt Lepore, State Director of the Oil and Gas Conservation Commission. About the closed-door meeting, Lepore was quoted in the Fort Collins Coloradoan as saying:
“We didn’t want to have an open meeting,” Lepore said. “We wanted to reach out to those (on council) who we understood were maybe a little bit more undecided on their positions.”
“The moratorium needs to stay in place,” said Shane Davis of the Sierra Club. “The citizens in northern Fort Collins, especially those living around the Budweiser brewery now and in the future, are at risk of contamination from cancer-causing fracking chemicals.”
“Horak voted to open up 2 square miles of Fort Collins for fracking,” said Gary Wockner of Clean Water Action, a national group that advocates against fracking in cities across the Front Range of Colorado. “When the public and media were watching, Horak positioned himself against fracking, but three weeks later in a quieter vote, he flip-flopped.”
“Horak deceived the public,” said Rico Moore of Frack Free Fort Collins. “His flip-flop votes do not represent the values of Fort Collins or of his very liberal and environmentally minded district.”
A map of the “Undeveloped Acreage” – 2 square miles surrounding Budweiser brewery that is now open for drilling and fracking – is here: http://water.clean.home.comcast.net/~water.clean/FoCo-frack-field-UDA.jpg.
Gary Wockner, PhD
Colorado Program Director
Clean Water Action and Clean Water Fund
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.
Kaye Fissinger, 303-678-7267 (Our Longmont)
Michael Bellmont, 303-678-9470 (Our Longmont)
Bruce Baizel, 970-903-5326 (Earthworks)
Shane Davis, 303-717-4462 (Sierra Club)
Sam Schabacker, 720-295-1036 (Food & Water Watch)
Coalition Acts to Protect City of Longmont’s Ban on Dangerous Hydraulic Fracturing
LONGMONT, CO – Today, a coalition of community, public health, consumer and environmental organizations filed a motion in the Weld County District Court to intervene in the Colorado Oil and Gas Association’s lawsuit that seeks to invalidate Longmont’s ban of the oil and gas practice known as “fracking” and related surface activities, such as storage of toxic post-fracking fluids. This ban was instituted by the citizens of Longmont in an amendment to the City Charter, Article XVI , the Longmont Public Health, Safety and Wellness Act.
The people of Longmont by an overwhelming vote of 60% (more than 25,000 people), voted in the November, 2012 election to amend the City Charter to ban fracking, affirming their intention “to protect themselves from the harms associated with hydraulic fracturing, including threats to public health and safety, property damage and diminished property values, poor air quality, destruction of landscape, and pollution of drinking and surface water.” This historic ballot measure was spearheaded by Our Health, Our Future, Our Longmont (Our Longmont).
“We are taking this action because we hope to affirm the rights of citizens and communities to guarantee a safe and healthy environment for themselves and future generations,” said Michael Harris, Director of the University Of Denver Sturm College Of Law Environmental Law Clinic. He continued, “We are honored to represent Our Longmont, Food & Water Watch, the Sierra Club and Earthworks.”
The Colorado Constitution confers on all individuals certain inalienable rights. These rights are expressed in the Colorado Oil and Gas Act, which requires that oil and gas resources be extracted in a “manner consistent with the protection of public health, safety and welfare.”
“The extraction process of hydraulic fracturing has not been proven to be safe,” said Kaye Fissinger, managing member of Our Longmont. “Further, the State of Colorado has created a situation where the commission that oversees the oil and gas industry has an inherent conflict of interest. It cannot simultaneously foster the development of oil and gas and protect the health, safety and welfare of the citizens.”
“The dangerous, toxic practice of fracking has been a matter of grave importance to the people of Longmont since October of 2011,” said Michael Bellmont, spokesperson for Our Longmont. “To assure the protection of those in our community, Our Longmont undertook a petition drive to place the charter amendment on the ballot. In November, our citizens exercised their rights to self-determination, also guaranteed under Article XX of Colorado’s Constitution. In light of the Colorado Oil and Gas Association’s attack, it is necessary that citizens participate in the judicial process to guarantee our constitutionally protected rights. It is for this reason Our Longmont and others have moved to intervene,” Bellmont said.
Food & Water Watch provided invaluable assistance to Our Longmont throughout the effort to qualify and pass Longmont’s charter amendment. Sam Schabacker, Mountain West Regional Director for the organization, said, “We were delighted to be able to help the citizens of Longmont prohibit the dangerous industrial practice of hydraulic fracking and are pleased to be able to continue to support them. We have every confidence that the courts will reject the claims of the Colorado Oil and Gas Association and preserve Longmont’s constitutional and home rule rights.”
According to Eric E. Huber, Senor Managing Attorney for the Sierra Club Environmental Law Program, “This lawsuit could have a precedential effect throughout Colorado as other communities work to pass similar prohibitions on fracking and the disposal of its waste products within their boundaries.”
Bruce Baizel, Director of Earthworks’ Oil & Gas Accountability Project, said, “The citizens of Longmont took this action because they don’t trust state regulators to protect them. Rather than sue communities acting to protect their public health, industry and the state should be addressing legitimate community concerns by putting the public’s health before industry profits.”
Our Health, Our Future, Our Longmont, is a group of concerned citizens from throughout Longmont. We believe that Longmont has a constitutional right to protect the public health, safety, and welfare of our community. Our goal is to preserve the quality of life in our exceptional city. By so doing we will preserve our economic vitality, our home values, our water, parks, wildlife, lakes, trails, streams, open space, and recreational areas for ourselves and future generations. www.ourlongmont.org,
Food & Water Watch is a consumer organization that advocates for common sense policies that will result in healthy, safe food and access to safe and affordable drinking water. It’s essential that these shared resources be regulated in the public interest rather than for private gain. www.foodandwaterwater.org,
Sierra Club is America’s largest and most influential grassroots environmental organization with more than 2.1 million members and supporters nationwide, including 160 members in the City of Longmont. In addition to creating opportunities for people of all ages, levels and locations to have meaningful outdoor experiences, the Sierra Club works to safeguard the health of our communities, protect wildlife, and preserve our remaining wild places through grassroots activism, public education, lobbying and litigation. http://rmc.sierraclub.org
For 25 years, Earthworks has been dedicated to protecting communities and the environment from the impacts of irresponsible mineral and energy development while seeking sustainable solutions. http://www.earthworksaction.org.
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
Protect Our Colorado coalition designates February 27th Call-In Day to Governor Hickenlooper opposing the dangerous drilling practice of fracking and calling for a statewide moratorium.
Governor Hickenlooper’s Direct Line: 303-866-2471
To leave a message if the line is busy: 1-866-862-3237
Protect Our Colorado coalition and What the Frack?! Arapahoe deliver over 14,000 signatures to Governor’s office and state legislature calling for a moratorium on fracking
Denver, Colo.— Today Protect Our Colorado, a coalition of more than 30 business, solar, farming, faith, consumer, environmental, grassroots and social justice organizations across the state, and What the Frack?! Arapahoe will deliver more than 14,000 petitions to the Governor’s office and leaders in the state legislature from Coloradans opposed to the dangerous drilling technique. The organizations are calling upon the Governor and state legislature to implement an immediate moratorium on fracking.
“Governor Hickenlooper may be willing to drink frack fluid, but Coloradans shouldn’t have to,” said Zack Malitz, Campaign Manager for CREDO, “Nor should they have to breathe cancer-causing air pollution, cope with toxic wastewater spills, or suffer the effects of fossil-fueled extreme weather. It’s time for the governor and the legislature to protect Coloradans and pass a moratorium on fracking.”
A dangerous method of extracting oil and gas from rock deep beneath the earth’s surface, fracking uses high volumes of toxic mixtures of chemicals. About 20 percent of those chemicals have been shown to cause cancer and up to 50 percent 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.
“Drilling and fracking would destroy farms, orchards, and vineyards across Western Colorado,” said Jim Ramey, Director of Citizens for a Healthy Community. “Gov. Hickenlooper should be working to protect our local economy from this dangerous industrial practice.”
With over 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 the fight against fracking in the United States.
“Based on the body of evidence, we believe that hydraulic fracturing is an accident prone, inherently dangerous industrial process with catastrophic risks to the future of our children as well as to future generations,” said Ashley Collins with Adams County Unite Now. “As parents, it is our responsibility to ensure the health, safety and welfare of our children as well as to protect the life support systems they rely upon, and for this reason we call upon Governor Hickenlooper and the state legislature to enact an immediate moratorium on fracking.”
What the Frack?! Arapahoe’s petition for a moratorium on all new drilling applications seeks to prevent escalation of harm until the state produces a comprehensive cost benefit analysis and completes health, water and climate impact studies. These common sense steps are necessary so that decisions regarding unconventional extraction from shale can be based on objective cost and risk assessment, rather than vague industry promises. “Current objective indicators point to risk of irrecoverable, irreversible harms to Colorado health, water supplies, and climate change escalation” says founder, Sonia Skakich-Scrima.
Protect Our Colorado is diverse coalition of businesses, farmers, faith groups, solar companies, parents, and social justice, consumer and environmental organizations with members from the West Slope to the Front Range of Colorado. The coalition is comprised of the following organizations: Patagonia, Lighthouse Solar, Colorado Progressive Coalition, Valley Organic Growers Association, 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. For more information, please visit Protect Our Colorado.
Food & Water Watch Executive Director Wenonah Hauter’s statement on behalf of Americans Against Fracking
WASHINGTON – February 13 – ”President Obama was right to proclaim the importance of speeding our transition to a clean energy future last night in his State of the Union Address, but natural gas has no place in that plan. The so-called natural gas boom he described is only locking us into further dependence on dirty, polluting fossil fuels, while destroying our communities and the resources on which they thrive.
“While it is encouraging to hear President Obama declare his commitment to combatting climate change, natural gas will only perpetuate this vexing issue. Extracting, transporting and burning natural gas all contribute significantly to greenhouse gas emissions and worsen global climate change. In addition to the carbon dioxide emitted from burning natural gas, significant amounts of methane leak as new wells are fracked and as natural gas is transported. Methane is a potent greenhouse gas, about 33 times more efficient at trapping heat than carbon dioxide over 100 years, and about 70 to 100 times more potent than carbon dioxide over 20 years according to a 2009 study published in Science. New evidence, including data from researchers at the National Oceanic and Atmospheric Administration, indicates that the oil and gas industry and the Environmental Protection Agency have drastically underestimated the extent of methane emissions from drilling and fracking operations.
“President Obama needs to stand up for American communities, not the special interests of the oil and gas industry. He must reject natural gas, as well as plans to export additional supplies overseas. It is true that we need to reinvest in American communities and bolster our green energy infrastructure, but natural gas is not the bridge to a future lit by clean energy. It is, as many have said, a bridge to nowhere.
“Controlling our own energy future means investing in energies that sustain our communities, not the financial needs of the oil and gas industry.”
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.
The International Energy Agency issued its annual World Energy Outlook on Nov. 12. The Paris-based agency has 28 member nations and is acclaimed worldwide by many government agencies. The World Energy Outlook stated that North America is leading a global energy shift that will make the United States almost energy self-sufficient by 2035!
Almost all of this projected energy growth in North America, and particularly in the United States, is based on increased use of hydraulic fracturing and more efficient use of fossil fuels (oil, natural gas and coal). The report clearly states that although the renewable energy segment will continue to grow, the world will still rely heavily on fossil fuels to meet its ever-expanding energy needs into the foreseeable future.
This overriding projection by the IEA is supported by most of the developed nations and driven by purely economic reasons. The United States, China and India demand a cheap and reliable energy source to satisfy their insatiable appetite for energy. The undeniable fact is growth-based economies need a cheap energy supply to grow their economies and use job creation as a publicly accepted excuse. The hydrocarbon companies, which are truly worldwide in nature, are only too happy to support this data for profit motives.
Even the projected expansion of renewables is based on the continued and increased use of government subsidies to make them competitive with relatively cheap and available fossil fuels. The World Energy Outlook report doesn’t take into consideration many of the potentially devastating consequences of expanding fossil fuel usage.
The most important of these consequences is global warming, with all the environmental factors associated with increased usage of fossil fuels. Along with the contentious climate change issues, there are other related and overlapping issues that could affect this projected scenario: social discontent, general health issues, inadequate water supplies, lack of proactive government policies, etc.
Unfortunately, the human condition is to be reactive, not proactive. I am fairly certain that we will use every ounce of fossil fuels available unless the world condition forces us to put survival ahead of profit. Most of the world depends on growth to sustain economic viability. We are culturally and socially committed to an ever-expanding population, consumption of finite resources and a dependence on profit and material growth. If we continue on this shortsighted path we could very well see the end of growth as we know it. We are at a crossroads in our human development. The question is will we do the things necessary for our very survival and maybe of the survival of the earth itself? The human species is close to becoming a cancer upon the earth that could kill the host that we owe our very existence to!
I am not trying to take a purely environmentalist position or simply suggest a doomsday scenario. I am also certainly not speaking out of technical expertise. I am simply trying to express my opinion as an observer of reality and human nature. We live in a world society where cellphones and iPods have become more important than a sustainable ecosystem. I actually believe a compromise will be worked out that will pacify the public and allow the fossil fuel companies to extract their bounty. It would take a sea change in our collective attitude to wean us off fossil fuels and close to impossible from a pragmatic standpoint. The reality is our fate may already be sealed!