Oil & Gas Development

Boulder County is committed to protecting our open space from oil and gas development to the greatest extent possible. Read the county’s Statement on Oil & Gas Development on Open Space for additional details.

Boulder County reviewed and updated the county’s oil and gas regulations in 2020 in response to the changes made by Colorado Senate Bill 19-181. The Board of County Commissioners approved the updated regulations on Dec. 10, 2020. View Resolution 2020-95 and final regulations. The new oil and gas regulations became effective on Dec. 15, 2020. View information on operator registration fees.

Article 12 – Special Review for Oil and Gas Operations

View information regarding public participation in oil and gas matters before the Colorado Oil and Gas Conservation Commission (COGCC):

Information on Public Participation at the COGCC

Colorado Oil and Gas Conservation Commission (COGCC) Complaint Process:
Submit a complaint to the COGCC

Boulder County as a whole is very active in addressing the impacts from existing and new oil and gas development, including impacts to air quality and public health.

Boulder County Public Health has specifically undertaken and supported studies and analyses to understand the potentially hazardous impacts of oil and gas development on public health, safety, and the environment. Public Health is also involved in local and state-level oil and gas emissions regulatory processes in the interest of preserving public health.

• Oil and Gas Development and Air Quality

Natural gas can exist in rock and soil. These gases can filter into buildings and homes. A home gas detector can measure the amount of gas in a home’s air.

• Home Detection

View the Colorado Department of Public Health and Environment “Oil and gas and your health” webpage

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New Legislation SB24-185 Protects County-owned Minerals – May 22, 2024

SB24-185 Exempts Oil and Gas Owned by Local Governments From Drilling Without the Owner’s Permission

Boulder County Comments in ECMC Cumulative Impacts Rulemaking

The Energy & Carbon Management Commission (ECMC) has initiated a rulemaking on Cumulative Impacts pursuant to HB23-1294. Boulder County has submitted comments on the initial “Strawdawg” Rules.

Colorado Supreme Court Rules on Boulder County Oil and Gas Case – Nov. 20, 2023

On Nov. 20, 2023, the Colorado Supreme Court issued its opinion in Board of County Commissioners of Boulder County v. Crestone Peak Resources. Although the high court affirmed the judgment of the court of appeals finding that the county’s oil and gas leases remained valid, it overturned a legal ruling that was unfavorable to the owners of oil and gas leases across the state, including the county. Read the full news release.

Extraction Oil & Gas, Inc. Suspends Blue Paintbrush Drilling Plans – May 4, 2023

Boulder County has welcomed the news that, after a five-year fight, Extraction Oil & Gas, Inc. announced on May 1, 2023 that it will indefinitely pause its plans to drill county-owned minerals. Extraction proposed the Blue Paintbrush project in 2018, which included up to 32 new wells on a property over which the county owns a conservation easement in Weld County. The county aggressively resisted the project in order to protect public health, the environment, and county open space property that was purchased with Open Space Sales Tax funds. Read more…

Boulder County Pushes Back Against Forced Pooling of County Minerals – Nov. 21, 2022

On Nov. 21, 2022, Boulder County filed a motion with the Colorado Oil and Gas Conservation Commission (COGCC) asking it to deny an application from Extraction Oil & Gas, Inc. Extraction filed an application on July 7, asking the COGCC to issue a statutory or “forced pooling” order allowing Extraction to drill oil and gas owned by the county against the county’s wishes.

The motion asks the COGCC to deny the application for two primary reasons. First, forced pooling would cause the county to violate several statutory and constitutional provisions related to county management of property and finances. Second, an existing dispute between the county and Extraction over the validity of numerous oil and gas leases should prevent a forced pooling proceeding from going forward.

Extraction can file a response to the motion on or before December 7 and the county can then file a reply on December 14. The forced pooling matter is currently set for a hearing before the COGCC on January 25.

Boulder County Commissioners Examine Proposal Against Threat of Forced Pooling – Nov. 1, 2022

At a public hearing on Tuesday, Nov. 1, the Boulder County Commissioners considered a lease offer from Extraction Oil & Gas, Inc. for county owned-mineral rights on county open space in unincorporated Boulder County near Longmont along the Weld County border. Read more…

Extraction Oil & Gas, Inc. Seeks to Lease Boulder County-owned minerals – Aug. 18, 2022

Boulder County to examine proposal against threat of forced pooling. Read more…

Colorado Supreme Court to Review Boulder County v. Crestone Oil and Gas Court of Appeals Ruling – Jan. 10, 2022

On Jan. 10. 2022, the Colorado Supreme Court granted Boulder County’s petition for certiorari review in a lawsuit against Crestone Peak Resources Operating, LLC. In the lawsuit, Boulder County alleged that two county-owned oil and gas leases expired because of a gap in oil and gas production. Read more…

Boulder County requests petitions Colorado Supreme Court to overturn Boulder County v. Crestone oil and gas Court of Appeals ruling – June 24, 2021

Boulder County has filed a petition with the Colorado Supreme Court asking it to review and overturn the Court of Appeals ruling in Board of County Commissioners of Boulder County v. Crestone Peak Resources Operating, LLC. The Court of Appeals ruled that two of the county’s oil and gas leases remained valid despite four-month gaps in oil and gas production.

Protection for Boulder County conservation easement property finalized – Nov. 16, 2020

Pursuant to the agreement between the county and Extraction Oil & Gas, Inc., the COGCC approved the necessary variance application on Nov. 16, 2020. With the COGCC order, Extraction will not conduct any construction or other activities on the county’s conservation easement property until all pending litigation to determine Extraction’s rights is complete. The county withdrew its Emergency Motion for Relief from Stay in the Delaware bankruptcy court as its part of the agreement, meaning the pending litigation remains on hold until the bankruptcy is complete.

Oil & gas drilling plans halted on contested Boulder County conservation easement in Weld County – Nov. 2, 2020

Boulder County obtains commitment from Extraction Oil & Gas, Inc preventing drilling on conservation easement property while court cases proceed. Read more…

Registration open for Nov. 9, 2020 Planning Commission Virtual Public Hearing on Oil & Gas Regulations

Registration is required to attend and/or to speak during the hearing. Read more…

Boulder County seeks support from COGCC to suspend drilling activity by Extraction Oil & Gas, Inc. – Oct. 29, 2020

Boulder County requests that COGCC suspend approval of Extraction’s permits to drill wells in Weld County close to Boulder County line. Read more…

Boulder County responds to threat to protected land in Weld County – Oct. 28, 2020

Boulder County files emergency motion to stop Extraction Oil & Gas, Inc. from drilling wells until lawsuits against Extraction have concluded. Read more…

Boulder County releases 2nd draft of updated oil and gas regulations for public review – Oct. 20, 2020

View the summary and 2nd draft updated draft oil and gas regulations. Read more…

Boulder County revises schedule for review of new oil and gas regulations – Sept. 16, 2020

Given changes to the COGCC “Mission Change” Rulemaking schedule, the anticipated schedule for review of Boulder County’s oil and gas regulations has been revised accordingly. See schedule…

Boulder County is participating in COGCC “Mission Change” Rulemaking Hearings (Aug. 24-Sept. 23 and Sept. 28-Nov. 20) as part of the Affiliated Local Government Coalition (Boulder County, the City of Lafayette, the City and County of Broomfield, the Town of Erie, the City of Fort Collins, the City of Longmont, and the Northwest Colorado Council of Governments by and through its Water Quality/Quantity Committee (NWCCOG/QQ))

• View the Affiliated Local Government Coalition Prehearing Statement (200-600 Series), July 13, 2020
• View the Affiliated Local Government Coalition Response to Prehearing Statements (200-600 Series), July 31, 2020
• View the Affiliated Local Government Coalition Prehearing Statement (800/900/1200 Series), August 19, 2020
• View the Affiliated Local Government Coalition Written Response to the 200-600 Series Sept. 18 Revised Staff Rules, September 22, 2020
• View the Affiliated Local Government Coalition Response to 1200 Series Prehearing Statements, September 25, 2020
• View the Affiliated Local Government Coalition Response to 900 Series Prehearing Statements, October 9, 2020
• View the Affiliated Local Government Coalition Response to 1200 Series Oct. 9 Revised Staff Rules, November 4, 2020

County lawsuit against 8 North, LLC, goes forward – July 28, 2020

Colorado appellate court declines to put case on hold. Read more…

Boulder County Submits 510 Statement for COGCC Mill Levy Rulemaking (Hearing Aug. 4, 2020)

View Boulder County’s 510 Statement in support of enacting the proposed mill levy increase, July 27, 2020

Boulder County Commissioners respond to 350 Colorado’s ballot issue proposal to ban fracking

While we sincerely appreciate the tremendous thought, effort, and support behind this proposal – and we agree that all avenues should be explored to protect the health and safety of our residents and the environment – for a variety of reasons, we decline to put such a measure on this year’s ballot.

Read the Commissioners’ Full Statement.

July 14, 2020: Boulder County Commissioners extend oil and gas moratorium through December 31, 2020

Staff announces a new schedule for review of updated oil and gas regulations. Read more…

Boulder County Commissioners Consider Oil and Gas Moratorium Extension at Virtual Public Hearing on July 14, 2020

Hearing was held virtually, and written public comment accepted. Read more…

Due to COVID-19, Board of County Commissioners Vacates Schedule for Review of Proposed Oil and Gas Regulations

New Public Meeting and Hearing dates will be announced when renewed Boulder County operations can be predicted with certainty. Read more…

Boulder County To Participate in COGCC Wellbore Integrity Rulemaking Hearing on June 10-11, 2020 as part of the Allied Local Government Coalition (Boulder County, City & County of Broomfield, City of Lafayette, Town of Erie and City of Longmont)

• Allied Local Government Coalition Response Statement, March 10, 2020
• Allied Local Government Coalition Prehearing Statement, Jan. 28, 2020

March 6, 2020: Boulder County draft oil and gas regulations available for public review

Boulder County has released the first draft of its updated oil and gas regulations. View the summary and updated draft oil and gas regulations. Read more…

March 2, 2020: Boulder County Commissioners extend oil and gas moratorium

A revised schedule for updating oil and gas regulations pushes moratorium to July 31, 2020

Due to the complex nature of writing oil and gas regulations and in order to provide the public with enough time to review and comment on the draft regulations, the Board of County Commissioners extended the existing moratorium on accepting and processing new oil and gas development applications and on seismic testing to July 31, 2020. Public comments overwhelming supported extending the moratorium beyond the initial deadline of March 28. Read more…

Board of Boulder County Commissioners to Consider Oil and Gas Moratorium Extension

In response to concerns voiced by members of the public and the Board of County Commissioners, county staff is proposing a revised schedule for the roll-out and review of revisions to Article 12 of the Boulder County Land Use Code addressing oil and gas development in unincorporated Boulder County. The new schedule contemplates finalization of regulations in July and would require an extension of the existing moratorium on processing oil and gas permit applications, which is currently set to expire on March 28, 2020. Read more and view scheduled Public Meetings and Hearings.

BOCC adopts proclamation urging insurance companies to divest from coal/oil and end underwriting of extraction of fossil fuels

Boulder County leads and urges other counties and cities to join Insure Our Future in screening insurance companies for investments in clean energy vs. fossil fuels (news release)

Oil & Gas Update at January 28, 2020 Board of County Commissioners’ Public Meeting

On Tuesday, January 28, 2020, the Board of County Commissioners held a Public Meeting to receive an update from county staff on the progress of Boulder County’s Oil and Gas Regulations (Article 12 of the Land Use Code).
Documents:

• Meeting summary and news release
• Staff presentation to BOCC, January 28, 2020

Boulder County Participates in COGCC Flowline Rulemaking (Hearing on Nov. 20-22, 2019) as part of the Affiliated Local Government Coalition (Boulder County, City & County of Broomfield, City of Lafayette, Town of Erie and City of Longmont)

• View the ALGC Prehearing Statement
• View the Response to other parties’ Prehearing Statements

New study finds acute health impacts exist up to 2000 feet from oil and gas operations – Oct. 17, 2019

Study findings will be considered as Boulder County works to update current regulations. Read more…

Boulder County issues statements on recent oil and gas court rulings – Sept. 24, 2019

• Boulder County to appeal rulings in lawsuit against Crestone Peak Resources over oil and gas leases.
• Boulder County continues fight to protect agricultural lands and mineral rights in 8 North LLC case.

Read the full statement.

Message from the Boulder County Commissioners on the county’s oil and gas regulatory efforts – Aug. 30, 2019

We have been committed from the beginning to protecting the public health, safety, and the environment from the impacts of intensive oil and gas development and will continue to use a multi-pronged approach of legislative, legal, environmental, and public health strategies to fight for tighter restrictions and increased local control for Boulder County. Read the commissioners’ full statement.

County commissioners keep temporary moratorium in place on new oil and gas development applications and seismic testing – July 16, 2019

The 9-month moratorium will allow staff time to research and draft changes to Article 12 of the Land Use Code, Special Review for Oil and Gas Operations, in light of the local government authority clarified and expanded by Senate Bill 19-181. Read more…

Commissioners enact Emergency Temporary Moratorium on the accepting and processing of new oil and gas development applications and seismic testing in unincorporated Boulder County – June 28, 2019

The county commissioners approved the temporary moratorium in order to give staff time to pursue changes to the county’s existing oil and gas regulations in light of SB19-181 and to address public health and safety issues related to oil and gas development operations as authorized by the BOCC on June 4 so that any new applications to drill could be reviewed under the most protective, updated regulations. Read more…

Boulder County Commissioners launch update of the county’s oil & gas regulations, per passage of Senate Bill 181 – June 4, 2019

The Boulder County Commissioners have authorized Boulder County staff to work on Docket DC-19-0002 Amendments to Article 12 of the Land Use Code which addresses oil and gas development in unincorporated Boulder County. Learn more…

Crestone CDP Hearing Suspended (April 2019)

COGCC will not consider Crestone CDP at May 20-21 hearing
Due to the mandate from SB19-181 which was signed into law on April 19, 2019, the Colorado Oil and Gas Conservation Commission (COGCC) hearing on Crestone Peak Resources’ Comprehensive Drilling Plan (CDP) proposed in Boulder County was suspended and a future hearing date has not yet been scheduled. Once the county has more information on future scheduling, we will publicize the dates. Learn more…

Boulder County Commissioners applaud Governor Polis’ signing of oil and gas legislation, SB 181

Boulder County will use the new local government authority provided by SB 181 to protect Boulder County residents, visitors, and ecosystems to the full extent provided by law. Read the Commissioners’ Full Statement.

April 2019 Crestone CDP hearing postponed by COGCC

On April 3, 2019, the Director of the Colorado Oil and Gas Conservation Commission (COGCC) announced that the Commission’s April 29-30 hearing at which the Crestone Comprehensive Development Plan (CDP) was to be heard will be postponed and rescheduled. Due to changes to the makeup of the COGCC made by the April 3 passage of Colorado SB19-181, the Director postponed the April COGCC hearing until the effects of those changes are understood and implemented. Because of the postponement, the April 9 COGCC public comment session that had been scheduled specifically for the CDP will also be cancelled. Boulder County will publicize further details on the rescheduled COGCC Crestone CDP hearing as soon as the information is available. Sign-up for text or email news alerts.

Boulder County Commissioners Elise Jones and Matt Jones testify at COGCC hearing – March 11, 2019

Read Boulder County Commissioner Elise Jones’ March 11 COGCC Hearing comments
Listen to audio of public hearing (COGCC Commission Hearing – March 11, 2019 – Part 1)

Boulder County oil and gas lawsuit with Crestone moves forward – Feb. 14, 2019

On Feb. 14, 2019, the District Court ruled (view ruling) that the county must wait until permit processes proceed to file some claims. Read more.

Crestone CDP hearing to move forward – Dec. 19, 2018

On Dec. 17, 2018, the Colorado Oil and Gas Conservation Commission (COGCC), by a vote of 6-2, reversed the order issued by the Hearing Officer to postpone the hearing on Crestone Peak Resources’ Comprehensive Drilling Plan (CDP) pending the outcome of the County’s lawsuit against Crestone. This means the hearing on the CDP and its associated drilling and spacing units will be scheduled for a future COGCC hearing, date to be determined. Read more…

Boulder County Commissioner Elise Jones and staff testify at COGCC hearing regarding procedural problems participating in 8 North 2As and 2s. Also request that the COGCC direct staff to reject or suspend the Crestone 2/2A permits in the CDP area – Dec. 17, 2018

Read Boulder County Commissioner Elise Jones’ Dec. 17 COGCC Hearing comments
Listen to audio of public hearing (COGCC Commission Hearing – Dec. 17, 2018 – Part 1)

Boulder County to argue Crestone’s Exception to CDP Postponement at COGCC on Dec. 17-18, 2018

After the COGCC postponed the Crestone CDP hearing, Crestone filed an “Exception,” asking the full COGCC Commission to reconsider the order issued by the Hearing Officer. During the December 17-18, 2018 COGCC hearing in Denver, the County, Crestone, and the City of Boulder will participate in oral argument to the COGCC commissioners on whether they should uphold or vacate the order continuing the CDP hearing indefinitely pending the outcome of the County’s lawsuit against Crestone. The agenda for that hearing will be posted on COGCC’s website and public comment can be offered in person on December 17 and online (view COGCC Public Comment Process information).

The County recently learned that the COGCC does not consider public comment part of the official record unless the commenter is first sworn to tell the truth. If members of the public are concerned about this, they can ask that the COGCC first swear them in before making their public comment or, for written comment, include an affirmation with notarization.

Allied Local Governments’ (Boulder County, City & County of Broomfield, City of Lafayette, City of Longmont) Prehearing Statement for COGCC School Setback Rulemaking on Dec. 17-18, 2018 – Dec. 4, 2018

View the Prehearing Statement.

Crestone pushes forward with COGCC applications despite stay – Nov. 28, 2018

Boulder County requests that the State reject or place the permits on hold. Read more.

Crestone Drilling Proposal Postponed Indefinitely – Oct. 4, 2018

Boulder County requested that the COGCC postpone its hearing on the CDP pending the outcome of its lawsuit filed Sept. 25, 2018. Read more.

Video: Boulder County Participates in COGCC Pooling & Hearing Process Clean-Up Rulemaking Hearing on Oct. 3, 2018

View the video.

Boulder County files lawsuits against Crestone Peak Resources and 8 North LLC – Sept. 25, 2018

Boulder County filed lawsuits in Boulder District Court on Sept. 25, 2018, against two oil and gas companies: Crestone Peak Resources and 8 North LLC (a subsidiary of Extraction Oil and Gas). Read more.

Allied Local Governments’ (Boulder County, City & County of Broomfield, City of Lafayette, Town of Erie) Response to Prehearing Statement for COGCC Pooling & Hearing Process Clean-Up Rulemaking– Sept. 5, 2018

View the Response to Prehearing Statement.

Boulder County files lawsuit against the Colorado Oil and Gas Commission and 8 North, LLC – Aug. 31, 2018

Lawsuit appeals the COGCC’s approval of 8 North’s applications for drilling and spacing units and additional well density in two areas of eastern Boulder County. Read more or view the complaint.

Boulder County Commissioners OPPOSE Amendment 74 – “Just Compensation for Reduction in Fair Market Value by Government Law or Regulation” – August 30, 2018

The Board of County Commissioners has adopted a position (Resolution 2018-101) to OPPOSE Ballot Initiative #108 (Amendment 74) “Just Compensation for Reduction in Fair Market Value by Government Law or Regulation,” a citizen-generated initiative funded by the oil and gas industry that proposes to amend the Colorado constitution to drastically limit state and local government regulatory authority. Read more.

Boulder County submits Protest and Intervention to the Crestone final CDP – Aug. 24, 2018

The Protest and Intervention ensures that the county will be a full party to the CDP hearing scheduled for Oct. 29-30. Read the article.

Allied Local Governments’ (Boulder County, City & County of Broomfield, City of Lafayette, Town of Erie) Prehearing Statement for COGCC Pooling & Hearing Process Clean-Up Rulemaking– August 22, 2018

View the Prehearing Statement.

Boulder County Commissioner Elise Jones Testifies at COGCC hearing on 8 North Drilling and Spacing Units scheduled – July 31, 2018

Read Boulder County Commissioner Elise Jones’ July 31 COGCC Hearing comments

Commissioners unanimously support Initiative #97 to increase setback requirements for oil and gas development – June 29, 2018

Read the statement by the Board of County Commissioners.

15 Colorado counties and cities file an amicus brief arguing that the COGCC should prioritize public health and safety – May 30, 2018

A diverse set of communities has filed an amicus brief in Colorado Oil and Gas Conservation Commission v. Martinez arguing that the COGCC should prioritize public health and safety when it considers rules related to oil and gas development. (Read full article)

Boulder County Commissioner Elise Jones Testifies at COGCC Hearing – Apr. 30, 2018

Read Boulder County Commissioner Elise Jones’ April 30 COGCC Hearing comments

Boulder County Commissioner Elise Jones Testifies in support of HB-1352 (Oil And Gas Facilities Distance From School Property) – Apr. 26, 2018

Read Boulder County Commissioner Elise Jones’ school setbacks comments

Extraction Oil & Gas, Inc. Statement on drilling and spacing unit near Lafayette (Docket 171200773) – April 3, 2018

Upon Boulder County’s request to clarify drilling plans in the spacing unit, on April 3, 2018, Extraction provided the following statement regarding drilling near Pioneer Elementary School:

“While the drilling and spacing unit applications that we filed back in September 2017 include a subsurface area that extends westward to Lafayette, we want to be clear that, contrary to rumor, we currently have no plans to locate an oil and gas development surface site for these applications anywhere within the Lafayette city limits, let alone next to the Pioneer Elementary school as some have suggested. In the spirit of transparency and partnership with the communities where we live and operate, we did not want there to be any confusion around those plans.” – Eric J. Christ, Vice President, General Counsel and Corporate Secretary – Extraction Oil & Gas, Inc.

• View Oil and Gas Development Affecting Pioneer Elementary fact sheet

Boulder County Officials testify on Oil and Gas Bills at the State Legislature

Video: Boulder County Participates in COGCC Flowline Rulemaking Hearing (Closing Statements) – Feb. 13, 2018

Video: Boulder County Participates in COGCC Mill Levy Rulemaking Hearing in order to increase the Oil and Gas Conservation Levy – Feb. 12, 2018

Affiliated Local Governments’ (Boulder County, City of Lafayette, City of Longmont) Closing Statement for COGCC Flowline Rulemaking – Feb. 6, 2018

The Colorado Supreme Court has agreed to review the court of appeals ruling in the Martinez case, dealing with the way that COGCC considers public health and safety in its decisions

View the Colorado Supreme Court Certiorari to the Court of Appeals. 2016CA564 District Court, Denver County, 2014CV32637

Boulder County Participates in COGCC Hearing on Mill Levy Rulemaking – Jan. 26, 2018

Read Prehearing Statement from Affiliated Local Governments

Boulder County Participates in Public Hearing on COGCC Flowline Rulemaking – Jan. 8, 2018

Boulder County Commissioner Elise Jones Testifies at COGCC Flowline Rulemaking Session – Jan. 8, 2018

Read Boulder County Commissioner Elise Jones’ Flowline Rulemaking comments

Affiliated Local Governments’ (Boulder County, City of Lafayette, City of Longmont) Prehearing Response Statement for COGCC Flowline Rulemaking – Dec. 18, 2017

Boulder County Commissioner Elise Jones Testifies at COGCC Rulemaking Session – Dec. 11, 2017

Read Boulder County Commissioner Elise Jones’ comments

Affiliated Local Governments’ (Boulder County, City of Lafayette, City of Longmont) Prehearing Statement for COGCC Flowline Rulemaking – Dec. 4, 2017

See COGCC website for more information on Flowline Rulemaking

Statement on Oil & Gas Development on Open Space

Board of County Commissioners File Two Protests with COGCC – Oct. 16, 2017

Boulder County Raises Concerns About Oil and Gas Development Plans Submitted to the COGCC – Sept. 13, 2017

Leak Inspection & Repair at Oil & Gas Well Sites – Boulder County Voluntary Inspection Program Results 2014–2016

Public concern has grown in Boulder County regarding the health and safety implications of emissions from oil and gas activity. Boulder County has implemented a voluntary oil and gas inspection program in order to respond to this concern. Inspections have collected data on gaseous leaks and repairs since 2014, and an analysis of this data is now available: view the Boulder County Voluntary Inspection Program Results 2014–2016.

Boulder County and other jurisdictions submit amicus curiae brief in support of anti-fracking case

On June 29, 2017, Boulder County, along with San Miguel County, City of Boulder, Gunnison County, NWCCOG, City of Lafayette, and Town of Erie filed an amicus curiae brief in COGCC v. Martinez. The case involves a determination by the Colorado Court of Appeals that the Colorado Oil and Gas Commissioner must consider public health and safety when considering proposed state rules for oil and gas development. The COGCC and the oil and gas industry have asked the Colorado Supreme Court to review the court of appeals’ decision. The County and other jurisdictions argued that the Supreme Court should not review the court of appeals decision because government regulations should always protect the public health and safety.

• Colorado Supreme Court agrees to review the court of appeals ruling in COGCC v. Martinez (January 2018)
  
• Boulder County (corrected) Amicus Curiae Brief in COGCC v. Martinez
• Motion for Leave to File (corrected) Amicus Brief in COGCC v. Martinez
• Order of the Court Granting Amicus Curiae Brief in COGCC v. Martinez

Letter from 8 North, LLC and Great Western regarding Inspections – June 26, 2017 and September 1, 2017

• 8 North, LLC Request for Boulder County to provide notice and be accompanied during inspections of oil and gas operations areas, June 26, 2017
• Boulder County Public Health letter requesting permission to enter 8 North, LLC, sites for inspections, July 17, 2017
• Boulder County Voluntary Oil and Gas Inspection Program – IR Camera Data
• Great Western Operating Company, LLC Request for Boulder County to provide notice and be accompanied during inspections of oil and gas operations areas, Sept. 1, 2017

Commissioners sign letter to Governor Hickenlooper from Local Elected Officials and Community Leaders regarding the Martinez v. COGCC Appeal – May 15, 2017

• Letter to Governor Hickenlooper regarding the Martinez v. COGCC Appeal
• Media release

County Commissioners call oil and gas operators in Boulder County to guarantee the safety of existing wells and pipelines – May 3, 2017

County Commissioners call on all oil and gas operators in Boulder County to shut down their vertical wells – April 27, 2017

Boulder County’s Oil & Gas Regulations Updated in Docket DC-19-0002: Amendments to Article 12 of the Land Use Code

Boulder County recently reviewed and updated the county’s oil and gas regulations in response to the changes made by Senate Bill 19-181.

The Board of County Commissioners approved the updated regulations related to oil and gas development applications and seismic testing (Article 12 of the Land Use Code) on Dec. 10, 2020. (See information from the public process below.) View Resolution 2020-95 and final regulations. The new oil and gas regulations became effective on Dec. 15, 2020. View information on operator registration fees.

Regulations Update Information

• Operator Registration Fees, memo dated April 21, 2021
• Resolution 2020-95 and final regulations, effective Dec. 15, 2020
• Staff presentation for Board of County Commissioners, Dec. 10, 2020
• DC-19-0002 Board of County Commissioners Staff Report for Dec. 10, 2020
• DC-19-0002 Board of County Commissioners Staff Report for Dec. 1, 2020
• Staff presentation for Board of County Commissioners, Dec. 1, 2020
• DC-19-0002 Planning Commission Staff Report for Nov. 9, 2020
• Staff presentation for Planning Commission, Nov. 9, 2020
• 4th draft of the updated oil and gas regulations, Dec. 9, 2020
• 3rd draft of the updated oil and gas regulations, Nov. 23, 2020
• 2nd draft of the updated oil and gas regulations and summary, Oct. 20, 2020
• 1st draft of the updated oil and gas regulations and summary, March 6, 2020

Schedule

Boulder County’s most recent update process included public comment and hearings before the Boulder County Planning Commission and the Board of County Commissioners. The schedule for public review of the updated oil and gas regulations was as follows (note: all meetings were open to the public and held virtually):

• August through Nov. 20, 2020 – County staff participated in the Colorado Oil & Gas Conservation Commission (COGCC) “Mission Change” Rulemaking Process (200-600 Series and 800-1200 Series).
• Nov. 9, 2020 – Planning Commission held a Public Hearing to receive public testimony on the proposed oil and gas regulations.
• Nov. 10, 2020 – Planning Commission held a Public Meeting for discussion and recommendation approval of the docket to the Board of County Commissioners.
• Dec. 1, 2020 – The Board of County Commissioners (BOCC) held a Public Meeting receive public testimony on the proposed oil and gas regulations.
• Dec. 3, 2020 – The BOCC held a Public Meeting for questions and discussion. No additional public testimony was taken. BOCC provided direction to staff to modify the regulations for discussion at a public meeting on Dec. 10.
• Dec. 10, 2020 – The BOCC held a Public Meeting to discuss the changes requested on Dec. 3. BOCC adopted the 4th Draft regulations (dated Dec. 9, 2020) with some minor changes.

Past Regulations Update

In 2017 the County Commissioners adopted the then strongest set of regulations on oil and gas development in the State of Colorado.

Boulder County issues statements on recent oil and gas court rulings – Sept. 24, 2019

Boulder County to appeal rulings in lawsuit against Crestone Peak Resources over oil and gas leases. Read full statement.

Crestone CDP Hearing Suspended (April 2019)

COGCC will not consider Crestone CDP at May 20-21 hearing
Due to the mandate from SB19-181 which was signed into law on April 19, 2019, the Colorado Oil and Gas Conservation Commission (COGCC) hearing on Crestone Peak Resources’ Comprehensive Drilling Plan (CDP) proposed in Boulder County was suspended and a future hearing date has not yet been scheduled. Once the county has more information on future scheduling, we will publicize the dates. Learn more…

April 2019 Crestone CDP hearing postponed by COGCC

On April 3, 2019, the Director of the Colorado Oil and Gas Conservation Commission (COGCC) announced that the Commission’s April 29-30 hearing at which the Crestone Comprehensive Development Plan (CDP) was to be heard will be postponed and rescheduled. Due to changes to the makeup of the COGCC made by the April 3 passage of Colorado SB19-181, the Director postponed the April COGCC hearing until the effects of those changes are understood and implemented. Because of the postponement, the April 9 COGCC public comment session that had been scheduled specifically for the CDP will also be cancelled. Boulder County will publicize further details on the rescheduled COGCC Crestone CDP hearing as soon as the information is available. Sign-up for text or email news alerts.

Boulder County oil and gas lawsuit with Crestone moves forward – Feb. 14, 2019

On Feb. 14, 2019, the District Court ruled (view ruling) that the county must wait until permit processes proceed to file some claims. Read more.

Crestone CDP hearing to move forward – Dec. 19, 2018

On Dec. 17, 2018, the Colorado Oil and Gas Conservation Commission (COGCC), by a vote of 6-2, reversed the order issued by the Hearing Officer to postpone the hearing on Crestone Peak Resources’ Comprehensive Drilling Plan (CDP) pending the outcome of the County’s lawsuit against Crestone. This means the hearing on the CDP and its associated drilling and spacing units will be scheduled for a future COGCC hearing, date to be determined. Read more.

Boulder County to argue Crestone’s Exception to CDP Postponement at COGCC on Dec. 17-18, 2018

After the COGCC postponed the Crestone CDP hearing, Crestone filed an “Exception,” asking the full COGCC Commission to reconsider the order issued by the Hearing Officer. During the December 17-18, 2018 COGCC hearing in Denver, the County, Crestone, and the City of Boulder will participate in oral argument to the COGCC commissioners on whether they should uphold or vacate the order continuing the CDP hearing indefinitely pending the outcome of the County’s lawsuit against Crestone. The agenda for that hearing will be posted on COGCC’s website and public comment can be offered in person on December 17 and online (view COGCC Public Comment Process information).

The County recently learned that the COGCC does not consider public comment part of the official record unless the commenter is first sworn to tell the truth. If members of the public are concerned about this, they can ask that the COGCC first swear them in before making their public comment or, for written comment, include an affirmation with notarization.

Crestone pushes forward with COGCC applications despite stay – Nov. 28, 2018

Boulder County requests that the State reject or place the permits on hold. Read more.

Crestone Drilling Proposal Postponed Indefinitely – Oct. 4, 2018

Boulder County requested that the COGCC postpone its hearing on the CDP pending the outcome of its lawsuit filed Sept. 25, 2018. Read more.

Boulder County files lawsuits against Crestone Peak Resources and 8 North LLC – Sept. 25, 2018

Boulder County filed lawsuits in Boulder District Court on Sept. 25, 2018, against two oil and gas companies: Crestone Peak Resources and 8 North LLC (a subsidiary of Extraction Oil and Gas). Read more.

Boulder County submits Protest and Intervention to the Crestone final CDP – Aug. 24, 2018

Boulder County has submitted a Protest and Intervention to the Crestone final CDP (submitted to the COGCC on June 15). The Protest and Intervention ensures that the county will be a full party to the CDP hearing scheduled for Oct. 29-30, with the ability to present evidence and make legal arguments. The county raised several issues in its Protest and Intervention, from legal challenges to the process and the information Crestone has provided, to site-specific concerns including impacts to residents, agricultural lands, ecological resources and flood risks in the CDP area. View the Protest and Intervention to the Crestone final CDP.

COGCC Director’s Finding of Suitability of Crestone Peak Resources Operating LLC’s Final Comprehensive Drilling Plan – July 30, 2018

On July 30, 2018, the COGCC Director made her Finding of Suitability of Crestone Peak Resources’ Final CDP. With this Finding of Suitability, the COGCC Director has requested the Final CDP be placed on the COGCC Commission’s agenda for the October 29-30, 2018 hearing in Denver. View the COGCC Director’s Finding of Suitability.

Boulder County’s comments on Final (Fifth Draft) CDP – July 6, 2018

Boulder County submitted formal comments on the Final (Fifth Draft) CDP to COGCC on Friday, July 6, 2018. View map of Final CDP proposed well sites.

View updated CDP Timeline on COGCC’s webpage – June 29, 2018

Originally the CDP application was expected to be docketed for a COGCC Commission Hearing in September at an “Away Hearing Location/TBD” unless protested by intervening parties. Boulder County formally requested the hearing be moved to a date certain at a local location (Denver) so that stakeholders and the public have certainty on the location and date. If the COGCC Director files the CDP with the Commission on July 27, the COGCC Commission Hearing on the CDP will be scheduled for October 29 or 30, 2018 in Denver.

Crestone CDP Final Draft posted by COGCC – June 20, 2018

Public comments can be submitted June 20 to July 8 through COGCC’s Public Comment Portal. The Public Comment period for the Final CDP Package closes on July 8, 2018. View map of Final CDP proposed well sites.

Telephone Town Hall Meeting for CDP Area Surface Owners – June 27, 2018 from 6-7 p.m.

Crestone Peak Resources will host a surface owner meeting via telephone town hall to review the Final CDP package on Wednesday, June 27 from 6-7 p.m. Registration is required for this meeting. RSVP by emailing cdpboulder@crestonepr.com and provide the phone number that you would like to be called at. You will receive a confirmation email with more information about the call once your registration is received. The meeting provider will reverse-dial meeting participants at 6 p.m.

See COGCC’s webpage to view revised CDP Process and Timeline – May 17, 2018

COGCC revised the CDP timeline to allow time for continued negotiations and evaluation of potential locations. A “Final CDP” will be posted to the COGCC website on June 20, 2018, followed by another public comment period June 20-July 6. If the COGCC Director finds the Final CDP satisfactory for presentation to the Commission, the CDP application will be docketed for the regular COGCC Commission Hearing in September. Since the September 17 and 18 COGCC hearing is at an “Away Hearing Location/TBD,” Boulder County has requested the hearing be moved to the October 29 and 30 COGCC hearing in Denver.

SPECIAL NOTE – April 25, 2018

The Final CDP Package will not be posted to the COGCC website on April 30, 2018 as previously planned. As part of the iterative process of developing the Comprehensive Drilling Plan (CDP) in Boulder County, COGCC is extending the timeline to allow Crestone Peak time to conduct a further evaluation of the location proposed in Section 1 of T1N R69W. A new timeline and additional details will be posted on the COGCC’s website shortly.

Boulder County’s comments on Fourth Draft Preliminary CDP – April 13, 2018

• Boulder County submitted formal comments on the Fourth Draft Preliminary CDP to COGCC on Friday, April 13, 2018

View Crestone CDP Fourth Draft submitted to COGCC – March 30, 2018

• Boulder County map of Fourth Draft Preliminary CDP proposed well sites – with aerial
• Boulder County map of Fourth Draft Preliminary CDP proposed well sites – with open space layer

Crestone Peak to hold CDP Telephone Town Hall on April 4, 2018

Crestone Peak will hold a telephone town hall meeting on Wednesday, April 4, from 6-8 p.m. The meeting will focus on the fourth draft preliminary CDP that will be publicly available on Friday, March 30 on the COGCC’s website. Registration is required for this meeting, so if you would like to participate, please RSVP by emailing Crestone Peak at cdpboulder@crestonepr.com and providing the phone number to be reverse dialed for the meeting. You will receive a confirmation email from Crestone with additional information about the call once your registration has been received. Crestone is requesting that you RSVP for the telephone town hall by 12 p.m. on April 4.

See COGCC’s Crestone Peak webpage to view revised CDP Process and Timeline – Jan. 29, 2018

COGCC again revised the CDP process and timeline to allow time for continued negotiations and evaluation of potential locations. A Fourth Draft Preliminary CDP will be posted to the COGCC website on March 30, 2018, followed by another public comment period March 30-April 15, including a minimum of one (1) public outreach meeting. The Final CDP will be available to the public on April 30, with written public comment accepted April 30 – May 13. If things go as scheduled and the COGCC Director finds the Final CDP satisfactory for presentation to the Commission, the CDP application will be docketed for the regular COGCC Commission Hearing on July 30.

COGCC extends Crestone Peak CDP timeline – Jan. 24, 2018

Boulder County’s comments on Third Draft Preliminary CDP – Jan. 19, 2018

• Boulder County submitted formal comments on the Third Draft Preliminary CDP to COGCC on Jan. 19, 2018

View Crestone CDP Third Draft submitted to COGCC – Dec. 29, 2017

• Boulder County map of Third Draft Preliminary CDP proposed well sites – with aerial
• Boulder County map of Third Draft Preliminary CDP proposed well sites – with open space layer

See COGCC Crestone Peak webpage to view revised COGCC Timeline and Map for Crestone CDP – Dec. 15, 2017

On Friday, Dec. 15, Crestone submitted revised locations of the well pads in the Comprehensive Drilling Plan (CDP) area. A complete Third Draft CDP package, which will highlight any Plan modifications, will be available on COGCC’s website for review on Dec. 29. Given these changes (and per Boulder County’s requests to COGCC), the remaining timeline in the CDP process has also been revised and extended accordingly. There will be a written public comment period Dec. 29 – Jan. 19 on the Third Draft CDP, as well as an additional public outreach meeting held by Crestone. A Final CDP will then be submitted and available to the public on Feb. 2, followed by another public comment period Feb. 2 – 19. If things go as scheduled, COGCC is expected to hear the CDP application at their April 30, 2018, regular Commission Hearing.

Statement on Oil & Gas Development on Open Space

Boulder County’s comments on Second Draft Preliminary CDP – Dec. 8, 2017

• Boulder County submitted formal comments on the Second Draft Preliminary CDP to COGCC on Friday, Dec. 8.

See COGCC Crestone Peak webpage to view Crestone Peak’s First Draft Preliminary CDP Oct. 13, 2017, and Crestone Peak’s Second Draft Preliminary CDP Nov. 27, 2017

Boulder County’s comments on First Draft Preliminary CDP – Nov. 10, 2017

Boulder County staff met with COGCC and Crestone Peak on Nov.9, 2017 to “meet and confer” on the first draft preliminary CDP as required by the COGCC’s CDP Application Process and Timeline. Boulder County submitted formal comments on the First Draft Preliminary CDP to COGCC on Nov. 10.

Crestone Peak Resources’ Comprehensive Drilling Plan Application to Colorado Oil and Gas Conservation Commission

On Feb. 22, 2017, Crestone Peak Resources Operating LLC filed an application with the Colorado Oil and Gas Conservation Commission (COGCC), asking approval of a “Comprehensive Drilling Plan,” or CDP, in Boulder County. A CDP is a preliminary step toward oil and gas development that attempts to plan for development throughout a large area. Crestone’s CDP covers 12 square miles (view map) in eastern Boulder County, between Longmont and Erie. Crestone’s CDP application contains few details on its plans; it has said it intends to develop the substance of the plan over the next 6-9 months, with input from local governments, state agencies and affected landowners. The application does call for a maximum of 216 wells divided among a maximum of 18 separate well pads throughout the CDP area.

In addition, Crestone asked the COGCC to put a hold on accepting any applications to drill in the CDP area while the plan is developed. Two other operators, 8 North LLC and Kerr-McGee, opposed the hold request, but on April 30, 2017, all three operators agreed to a nine-month voluntary standstill on filing any permit applications for the CDP area with the COGCC. The final CDP is now expected to be in front of the COGCC in February 2018. County staff is well aware of the significant concerns raised by large-scale drilling in the county and is committed to doing all it can to avoid or mitigate any impacts involved with the CDP.

County staff from all affected departments, including the Land Use Department and County Attorney’s Office, is taking advantage of every chance to gather information on Crestone’s plans, and the plans of other operators and stakeholders, and to provide input. Staff has pushed for further information (see letter from Boulder County to COGCC regarding Process for Rule 216 CDP Determination, July 7, 2017) on how the processes for developing and approving the plan will be conducted and when and how the public can give input (see letter from Boulder County to COGCC regarding Crestone CDP Public Meetings, Oct. 10, 2017) and will make all information received available to the public.

Whether or not the CDP is ultimately approved, Crestone and any other operator will be required to go through the new Boulder County regulatory process before beginning any development.

See the COGCC Crestone Peak Comprehensive Drilling Plan webpage for more information, including Description and Timing of Process, CDP Plan Elements, and Map of Proposed CDP Area. The major documents filed in the CDP process can be found at the bottom of this page. Interested constituents with questions or concerns about the Crestone Peak CDP should contact Rebecca Treitz at COGCC (Email: rebecca.treitz@state.co.us / Phone: 303-894-2100 x5173) and/or Crestone (Email: communityrelations@crestonepr.com / Phone: 720-410-8537). Public comments can be submitted to COGCC through their Public Comment Portal.

Crestone Letters to Landowners

On Sept. 14, 2017, Crestone Peak sent letters to landowners in the CDP area. In the letter, Crestone stated that Boulder County will be holding public meetings regarding the CDP process. This was a misstatement. The CDP process is led by the COGCC, which has required Crestone to hold two public meetings in the CDP area between October 16 and November 3 (see COGCC process). Boulder County is a stakeholder in the state-led CDP process, along with other governmental agencies and landowners. If Crestone submits applications for Special Use Review (under Boulder County Land Use Code Article 12 regulations) to drill in Boulder County, public hearings will be scheduled and organized by the county through the county’s local review process. The county will share information we receive related to the CDP on our oil and gas website; however, it is Crestone’s responsibility to provide information to the public during the CDP process and to take public input (which will also be taken by the COGCC).

Letter from Boulder County to COGCC re: Crestone CDP Public Meetings – Oct. 10, 2017

Response from Crestone – Oct. 12, 2017

Demand for Clarification of Inaccurate Statements and Information on Drones to Crestone – Oct. 4, 2017

Response from Crestone – Oct. 12, 2017

Boulder County Raises Concerns About Oil and Gas Development Plans Submitted to the COGCC – Sept. 13, 2017

Information on Public Participation at the COGCC

Sept. 11, 2017 update:

On August 9, 2017, the COGCC posted a timeline and outlined a specific process for its analysis of Crestone Peak Resources LLC’s application for a Comprehensive Drilling Plan (CDP). Information about this state-led process is available on the COGCC website.

Using this information, county staff and members of the public can now anticipate when Crestone will submit more detailed information on its application and when public comment will be accepted. COGCC requires Crestone to hold at least two public meetings that include all surface owners in the CDP area and there will be ongoing opportunities to submit written comment to COGCC as Crestone revises its plan from conceptual to preliminary to final between September and December of 2017.

Where to Direct Questions/Comments

Boulder County staff and commissioners have received numerous questions about the CDP process and how residents and the county can most effectively participate. The county will keep residents informed about any developments it becomes aware of as the CDP moves forward. However, residents should keep in mind that COGCC is responsible for the CDP and it considers the county a stakeholder, not a decision maker. In contrast, the county has full decision-making authority when it applies its Article 12 regulations to a county application.

Because the state-led process does not replace the local regulations, even if COGCC approves a CDP, Crestone will still have to apply for and receive a permit from the county under county regulations. In that permit process, the county commissioners would likely review the same drilling projects contained in the CDP application with COGCC, but the county will apply the rigorous standards and criteria of its own Article 12, not COGCC’s rules and requirements.

Because the county commissioners will be required to act as a regulatory body during the county’s Article 12 process, they cannot take a position on specific proposals within the CDP without compromising their regulatory position.

Moreover, it would be difficult, if not impossible, for the commissioners to give any substantive input on specific proposals or well locations without all of the information, consultation, public review, and multi-body consideration required by Article 12. Therefore, during the CDP process, county staff from all relevant departments will be providing information to COGCC as relevant to the CDP application, but it will be unable to engage in the analysis that will take place under Article 12 with all of the associated opportunity for input from experts and the public.

County staff is available to receive thoughts and comments from the public during the CDP process, but Boulder County urges all interested parties to submit comments on Crestone’s proposal directly to COGCC in writing and at all public meetings and proceedings. The County’s website and staff will provide available information for how to participate in the process and available resources for residents to formulate their responses. Thank you for your input and your continued participation in these processes.

Documents and Information

• Boulder County Response to Crestone Notice of Pending Survey – Oct. 19, 2017
• Crestone Notice of Pending Survey – Oct. 13, 2017
• Crestone’s response to Boulder County’s Sept. 20, 2017 letter
• Boulder County’s response to surface owner consultation, Sept. 20, 2017
• Notice to Surface Owner letters from Crestone Peak Resources
• Letter from Boulder County to COGCC regarding Process for Rule 216 CDP Determination, July 7, 2017
• COGCC stipulation for Operators’ voluntary standstill agreement; Order 1-199, May 1, 2017
• Final Stipulated Facts, April 24, 2017
• Final Trial Brief, April 24, 2017
• Kerr-McGee Oil & Gas Onshore LP Pre-Hearing Brief, April 24, 2017
• Kenosha RPO Pre-Hearing Brief, April 24, 2017
• 8 North LLC Pre-Hearing Brief, April 24, 2017
• Crestone response to COGCC-requested information, April 10, 2017
• COGCC Statement of Basis, Specific Statutory Authority, and Purpose
• Boulder County’s Rule 510 Statement, submitted April 21, 2017 in advance of the May 1 COGCC hearing on the standstill issue – Operators 8 North and Kerr-McGee filed substantial protests to Crestone’s request for an interim hold on drilling applications at the COGCC. County staff believe such a hold is to the County’s benefit and therefore filed the following statement for the COGCC’s consideration at its May 1 hearing. Staff also intends to appear and speak at the hearing on the issues raised by the hold request.
• Kenosha RPO’s Motion to Intervene
• 8 North’s Protest to Variance Request
• Kerr-McGee’s Protest to Variance Request
• Crestone drilling and spacing unit application 170500190
• Crestone drilling and spacing unit application 170500191
• Crestone drilling and spacing unit application 170500192
• Crestone Comprehensive Drilling Plan application 170500189
• Crestone Notice of Hearing 170500190 (May 1-2, 2017)

Maps

• Boulder County map of Third Draft Preliminary CDP proposed well sites – with aerial
• Boulder County map of Third Draft Preliminary CDP proposed well sites – with open space layer
• Boulder County map of First Draft Preliminary CDP proposed well sites – with aerial
• Boulder County map of First Draft Preliminary CDP proposed well sites – with open space layer
• Crestone Peak Resources Notice to Surface Owner locations on Open Space
• Pad Layout details on open space as noted in Notice to Surface Owner letters from Crestone Peak Resources
• Aerial showing first draft CDP proposed pad sites
• Drilling Windows and first draft CDP proposed pad sites
• Proposed Pipeline Routes in first draft CDP
• County Subdivisions in CDP area
• Water bodies in CDP area

View COGCC website for information on the COGCC rules regarding hearings. Rules 509 and 510 address objections and testimony at hearings. View COGCC instructions to submit a written statement under Rule 510.

Protection for Boulder County conservation easement property finalized – Nov. 16, 2020

Pursuant to the agreement between the county and Extraction Oil & Gas, Inc., the COGCC approved the necessary variance application on Nov. 16, 2020. With the COGCC order, Extraction will not conduct any construction or other activities on the county’s conservation easement property until all pending litigation to determine Extraction’s rights is complete. The county withdrew its Emergency Motion for Relief from Stay in the Delaware bankruptcy court as its part of the agreement, meaning the pending litigation remains on hold until the bankruptcy is complete.

Oil & gas drilling plans halted on contested Boulder County conservation easement in Weld County – Nov. 2, 2020

Boulder County obtains commitment from Extraction Oil & Gas, Inc preventing drilling on conservation easement property while court cases proceed. Read more…

Boulder County seeks support from COGCC to suspend drilling activity by Extraction Oil & Gas, Inc. – Oct. 29, 2020

Boulder County requests that COGCC suspend approval of Extraction’s permits to drill wells in Weld County close to Boulder County line. Read more…

Boulder County responds to threat to protected land in Weld County – Oct. 28, 2020

Boulder County files emergency motion to stop Extraction Oil & Gas, Inc. from drilling wells until lawsuits against Extraction have concluded. Read more…

County lawsuit against 8 North, LLC, goes forward – July 28, 2020

Colorado appellate court declines to put case on hold. Read more…

Boulder County issues statements on recent oil and gas court rulings – Sept. 24, 2019

Boulder County continues fight to protect agricultural lands and mineral rights in 8 North LLC case. Read full statement.

Court Upholds COGCC Decisions on 8 North, LLC – Aug. 29, 2019

A Denver District Court judge has upheld decisions by the Colorado Oil and Gas Conservation Commission to approve oil and gas development applications by 8 North, LLC. Lafayette and Boulder County have until late October to decide whether to appeal the decision to the Colorado Court of Appeals. Read the county’s statement.

Boulder County files lawsuits against Crestone Peak Resources and 8 North LLC – Sept. 25, 2018

Boulder County filed lawsuits in Boulder District Court on Sept. 25, 2018, against two oil and gas companies: Crestone Peak Resources and 8 North LLC (a subsidiary of Extraction Oil and Gas). Read more.

Boulder County files lawsuit against the Colorado Oil and Gas Commission and 8 North, LLC – Aug. 31, 2018

Lawsuit appeals the COGCC’s approval of 8 North’s applications for drilling and spacing units and additional well density in two areas of eastern Boulder County. Read more or view the complaint.

COGCC hearing on 8 North Drilling and Spacing Units held July 31, 2018

Read Boulder County Commissioner Elise Jones’ July 31 COGCC Hearing comments

8 North LLC filed two applications with the Colorado Oil and Gas Conservation Commission (COGCC) to establish “drilling and spacing units” (DSU) in the northeastern and southeastern parts of Boulder County. 8 North informed Boulder County that it intends to place the 32 wells for the northern unit in Weld County and the 20 wells for the southern unit within the Town of Erie. Boulder County has protested the 8 North applications. These DSU applications were heard by the COGCC on July 31, 2018, as part of the COGCC hearing that took place July 30 – August 1 in Denver.

8 North proposes well locations in Town of Erie and Weld County – June 21, 2018

On June 21, 2018, 8 North informed Boulder County, Lafayette, and the COGCC that it intends to place the wells for the northern unit in Weld County and the wells for the southern unit within the Town of Erie. If 8 North follows through on its stated intentions, the surface locations will not be in the regulatory jurisdiction of Boulder County or Lafayette.

Boulder County filed its pre-hearing statements as an intervenor in the applications and as required by the COGCC on June 21, 2018:

• Boulder County’s Pre-Hearing Statement and corresponding exhibits (Dockets #171000695 and #171200774 – Northern DSU) for July 30-31, 2018 COGCC Hearing
• Boulder County’s and Lafayette’s Pre-Hearing Statement and corresponding exhibits (Docket #171200773 – Southern DSU) for July 30-31, 2018 COGCC Hearing

Extraction Oil & Gas, Inc. Statement on drilling and spacing unit near Lafayette (Docket 171200773) – April 3, 2018

Upon Boulder County’s request to clarify drilling plans in the spacing unit, on April 3, 2018, Extraction provided the following statement regarding drilling near Pioneer Elementary School:

“While the drilling and spacing unit applications that we filed back in September 2017 include a subsurface area that extends westward to Lafayette, we want to be clear that, contrary to rumor, we currently have no plans to locate an oil and gas development surface site for these applications anywhere within the Lafayette city limits, let alone next to the Pioneer Elementary school as some have suggested. In the spirit of transparency and partnership with the communities where we live and operate, we did not want there to be any confusion around those plans.” – Eric J. Christ, Vice President, General Counsel and Corporate Secretary – Extraction Oil & Gas, Inc.

• View Oil and Gas Development Affecting Pioneer Elementary fact sheet

Statement on Oil & Gas Development on Open Space

COGCC hearing scheduled for July 30-31, 2018 | Boulder County files motions to dismiss 8 North’s applications for additional density

8 North LLC filed two applications with the COGCC to establish “drilling and spacing units” (DSU) in the northeastern and southeastern parts of the county. The applications requested authorization to drill a single well in each unit. The same day, 8 North filed applications for “additional density” in each proposed unit, requesting 31 additional wells in the northern unit and 19 additional wells in the southern unit, for a total of 32 and 20 wells respectively. Colorado statutes say that a drilling and spacing unit can be established for a single well to be drilled and begin producing. Only then can additional wells be authorized to prevent “waste” of the mineral resource. Boulder County has filed motions to dismiss 8 North’s applications for additional density, arguing that the COGCC cannot grant them when the drilling and spacing units have not yet been established and the authorized well for those units has not yet been drilled and begun producing. At the same time, 8 North filed motions to dismiss the County’s protests on both the spacing applications and the additional density applications, arguing that the protests did not give enough specific information to support the County’s right to raise issues of public health, safety, and welfare.

On January 2 and 4, 2018, the COGCC’s hearing officer issued orders denying the county’s motions to dismiss the additional density applications and granting all of 8 North’s motions to dismiss the county’s protests to all four applications. These orders are considered advisory only, so the county is now in the process of requesting that the entire COGCC re-consider the county’s right to participate in the additional density application hearings as a party.

On January 16, 2018, the county filed two Exception Requests with the COGCC, asking that the Commission reconsider the dismissal of the county’s motions to dismiss the 8 North applications for additional wells and the dismissal of the county’s protests to those applications. On January 31, 2018, the hearing officer announced the Commission will hear legal arguments and decide on the exceptions at its March 19-20, 2018 hearing. On March 13, 2018, 8 North agreed that it would not object if the county filed amended protests to the applications for additional wells. Therefore, the legal argument previously scheduled to occur on March 19-20, 2018 is cancelled and the county will be allowed to file new protests without objection. The amended protests were filed March 20, 2018, and will be part of the hearing now scheduled for July 30-31 in Denver.

As mentioned above, Boulder County’s initial protest to the 8 North proposed DSU near Longmont was dismissed by the hearing officer. In reviewing pre-existing oil and gas leases for that area, county staff discovered a new legal issue affecting the formation of the DSU and have, therefore, filed a new protest to the northern DSU arguing that it cannot be formed as proposed by 8 North. 8 North argued that the second protest was filed too late. The county and 8 North argued the issue of timing at a pre-hearing conference on April 5, 2018, where the county also asked for special leave to file the second protest if it was necessary. On April 11, the Hearing Officer dismissed the second protest without answering the county’s request for permission. After its follow-up requests for clarification went unanswered, the county filed another exception for review of this latest order by the full commission. 8 North filed a response opposing Boulder County’s exception on May 15, 2018, to which Boulder County filed a reply on May 17, 2018. COGCC scheduled a hearing for the exception on July 30, but on June 6, 2018, 8 North withdrew its opposition to Boulder County’s participation. Therefore, the County will be participating as a protestor to the spacing unit application for the northern unit and the additional well applications in both the northern and southern units at the July 30-31 hearing.

On January 31, 2018, the hearing officer continued the COGCC hearing on all four of the applications to the April 30-May 1, 2018 COGCC hearing, and on April 5, 2018 he continued them again to the July 30-31, 2018 hearing. 8 North asked for the hearings to be moved to June in order to have more time to work on specific surface locations. Boulder County objected to a June date because the June 11-12, 2018 COGCC hearing will be held in Greeley. Given that there is significant public interest in these proposals, Boulder County requested they be continued to the July COGCC hearing which will be held in Denver and allows for easier public transit for our constituents.

When Boulder County’s request for a local public forum on these DSUs was denied in December 2017, the COGCC commissioners stated they wanted to “have the chance to hear and get public comments” on the 8 North applications when they were up for review in front of the commission. Consequently, the public is expected to have the opportunity to speak on these applications and we will provide additional information on how to participate as soon as it is available. The agenda has not yet been posted to the COGCC website. When the agenda is published, it will list the approximate timing of the hearings on the applications within the two day timeframe.

Documents and Information

• Protest and Intervention by Boulder County, June 7, 2018
• Boulder County Reply in Support of Exception, May 17, 2018
• 8 North Response to Boulder county’s Exception, May 15, 2018
• Boulder County’s Exception to Hearing Officer Order Striking Second Protest by Boulder County, COGCC Docket 171000695, April 24, 2018
• COGCC Order Striking Second Boulder County Protest, Docket 171000695, April 11, 2018
• 8 North Protest and Intervention by Boulder County, COGCC Docket 171000695, March 30, 2018
• 8 North Amended Protest and Intervention by Boulder County and Lafayette, COGCC Docket 171200773, March 20, 2018
• 8 North Amended Protest and Intervention by Boulder County, COGCC Docket 171200774, March 20, 2018
• 8 North Motions to Dismiss Protest of Boulder County and Lafayette
• 8 North Motion to Dismiss Protest of Boulder County and Longmont
• 8 North Motion to Dismiss Protest of Boulder County
• COGCC Orders Granting 8 North’s Motions to Dismiss Protests
• Motion to Dismiss 8 North Lack of Subject Matter (Docket #171200774)
• Motion to Dismiss 8 North Density Application (Docket #171206)
• 8 North Motions to Dismiss Boulder County Motions to Dismiss
• Boulder County Responses to Motions to Dismiss
• 8 North Responses to Boulder County Responses to Motions to Dismiss
• Replies in Support of Motion to Dismiss for Lack of Subject Matter Jurisdiction

8 North LLC files paperwork to begin the state permitting process for oil and gas development in two areas of Boulder County

On Sept. 11, 2017, Boulder County learned that 8 North LLC, a subsidiary of Extraction Oil and Gas, LLC, filed paperwork with the Colorado Oil and Gas Conservation Commission (“COGCC”) to begin the state permitting process for oil and gas development in two areas of Boulder County.

8 North applied to the COGCC for a “drilling and spacing unit order” in a 1,280-acre area between Arapahoe and Baseline Roads at the far eastern edge of the county along East County Line Road and a 2,720-acre area between Oxford and Quail Roads also along East County Line Road. The applications are the first step in the state process. If the State approves the drilling and spacing orders, 8 North would still have to apply to the COGCC for an Application for Permit to Drill that would include specific plans and proposed locations. In addition, the company will need to go through Boulder County’s local government regulatory process before any development could occur.

Boulder County is very concerned about the development contemplated in 8 North’s applications and has reached out to the officials in the affected cities of Longmont, Lafayette and the Town of Erie to discuss a coordinated response. Boulder County will oppose the drilling and spacing applications when they come up for a hearing before the COGCC, which is currently scheduled for July 30-31, 2018, and urges concerned residents to do the same.

On October 2, Boulder County and the City of Lafayette jointly submitted a Request for a local public forum on the southern drilling and spacing unit order application, and Boulder County filed a Request for a local public forum on the northern drilling and spacing unit order application.

On October 16, 2017, Boulder County and the City of Lafayette jointly filed a Protest and Intervention to the southern drilling and spacing unit (DSU) order application, and Boulder County filed a Protest and Intervention to the northern (DSU) order application. On November 15, 2017, Boulder County and the City of Lafayette also jointly filed a Protest and Intervention to the associated density application associated with the southern DSU, and Boulder County filed a Protest and Intervention to the density application associated with the northern DSU.

Information on 8 North’s applications and other updates will be posted on the oil and gas webpage including information explaining the process for public involvement in the COGCC’s consideration of the applications. Members of the public also can sign up to receive updates from Boulder County via email or text message.

Documents and Information

• Motion to Dismiss 8 North Lack of Subject Matter, Dec. 6, 2017 (Docket #171200774)
• Motion to Dismiss 8 North Density Application, Dec. 6, 2017 (Docket #171206)
• Unopposed Motion to Continue Hearing by Boulder County and City of Lafayette filed With COGCC, Nov. 17, 2017
• Unopposed Motion to Continue Hearing by Boulder County filed With COGCC, Nov. 17, 2017
• Protest and Intervention to density application by Boulder County and City of Lafayette filed with COGCC, Nov. 15, 2017
• Protest and Intervention to density application by Boulder County filed with COGCC, Nov. 15, 2017
• Protest and Intervention to density application by City of Longmont filed with COGCC, Nov. 27, 2017
• Motions to Continue Hearing and to Continue Consideration of Local Public Forum Request by Boulder County, Oct. 24, 2017
• Protest and Intervention to DSU by Boulder County and City of Lafayette filed with COGCC, Oct. 16, 2017
• Protest and Intervention to DSU by Boulder County filed with COGCC, Oct. 16, 2017
• Map showing acreages of jurisdictions’ (Lafayette, Erie, unincorporated Boulder County) lands affected by 8 North LLC’s southern drilling & spacing order
• Request for local public forum from Boulder County, Oct. 2, 2017
• Request for local public forum from Boulder County and City of Lafayette, Oct. 2, 2017
• COGCC presentation on Greater Wattenberg Area (GWA) spacing units
• Notice of Hearing
• Amended 8 North LLC Drilling & Spacing Unit Order Applications to COGCC, September 25, 2017
• 8 North LLC Drilling & Spacing Unit Order Applications to COGCC, September 11, 2017
• Map showing locations of 8 North LLC Drilling & Spacing Unit Order Application areas
• News Release, September 13, 2017

Past Public Comments

• Oil/gas public comments received between 8 a.m. Nov. 9 and 12 p.m. on Dec. 9, 2020
• Oil/gas public comments received in 2020, through 8 a.m. Nov. 9
• Oil/gas public comments received after June 26, 2019
• Oil/gas public comments received from Jan. 1, 2019 through June 26, 2019
• Oil/gas public comments received in 2018
• Oil/gas public comments received April 26 through Dec. 31, 2017
• Oil/gas public comments received March 24 through April 25, 2017
• DC-16-0004: Oil/gas public comments received after noon on March 14, 2017 through March 23, 2017
• DC-16-0004: Oil/gas public comments received Jan. 1 through noon on March 14, 2017
• DC-16-0004: Oil/gas public comments received Dec. 1 through 1, 2016
• DC-16-0004: Oil/gas public comments received Nov. 1 through 30, 2016
• DC-16-0004: Oil/gas public comments received Oct. 13 through 31, 2016
• DC-16-0004: Oil/gas public comments received Sept. 27 through Oct. 12, 2016

Recent Public Hearings and Meetings

Planning Commission Virtual Public Meeting, Nov. 10, 2020

On on Nov. 10, 2020, Planning Commission held a Public Meeting for questions and discussion. No additional public testimony was taken at this time. They approved Docket DC-19-0002 with some suggested modifications, and forwarded the docket with a recommendation that the Board of County Commissioners approve DC-19-0002. View the Nov. 10 Public Meeting video.

Planning Commission Virtual Public Hearing, Nov. 9, 2020

On Nov. 9, 2020, Planning Commission took public testimony on the proposed oil and gas regulations. No action was taken, and the Planning Commission held a Public Meeting on Tuesday, Nov. 10, 2020, for questions and discussion.
Documents:

• DC-19-0002 Staff Report for November 9, 2020
• Staff presentation, Nov. 9, 2020
• Nov. 9 Public Hearing video

Board of Boulder County Commissioners’ Public Hearing – July 14, 2020

The Board of Boulder County Commissioners (BOCC) held a virtual public hearing on July 14, 2020 to consider any necessary changes to the temporary moratorium on oil and gas development applications and seismic testing in unincorporated Boulder County, which was set to expire July 31. The Commissioners voted (3-0) to extend the moratorium on accepting and processing new oil and gas development applications and on seismic testing through December 31, 2020. The moratorium is in place to give staff time to review and update the county’s oil and gas regulations in light of the changes made to local authority by Senate Bill 19-181. The County’s update process will include public comment and hearings before the Boulder County Planning Commission and the Board of County Commissioners. The previously set schedule for review of the regulations was vacated due to COVID-19.

• Watch the July 14 public hearing
• View the staff presentation
• Resolution 2020-055: Second Extension of Moratorium on Processing Oil and Gas Development Applications, July 14, 2020

Due to COVID-19, Board of County Commissioners Vacates Schedule for Review of Proposed Oil and Gas Regulations, March 20, 2020

Read more…

Board of County Commissioners Public Hearing, March 2, 2020

On March 2, 2020, the Board of County Commissioners’ held a Public Hearing to consider whether to extend or otherwise amend the temporary moratorium on Boulder County’s processing of applications for oil and gas development and seismic testing in the unincorporated county, which was set to expire on March 28. The Board considered a staff presentation and written input from the public in determining to extend the moratorium. The BOCC voted (3-0) to extend the temporary moratorium until July 31, 2020. The extension gives the public more time to respond to drafts of the new regulations before they go before the Planning Commission and, later, the BOCC.

Board of County Commissioners Public Meeting, January 28, 2020

On January 28, 2020, the Board of County Commissioners held a Public Meeting to receive an update from county staff on the progress of Boulder County’s Oil and Gas Regulations (Article 12 of the Land Use Code). This was a Public Meeting; no public comment was taken, but interested members of the public were encouraged to attend.
Documents: Staff presentation to BOCC, January 28, 2020

Board of County Commissioners Public Hearing, July 16, 2019

On July 16, 2019, the Board of County Commissioners’ held a Public Hearing to take testimony on the merits of the temporary moratorium on oil and gas development applications and seismic testing in unincorporated Boulder County and to determine whether the moratorium enacted on June 28, 2019 (Resolution 2019-59) should be amended. Public testimony was taken. The meeting was webstreamed and archived on the Open Meeting Portal. The Commissioners reaffirmed their decision to enact a temporary moratorium on the acceptance and processing of new oil and gas development applications and seismic testing. The moratorium remains in effect until March 28, 2020.. The 9-month moratorium will allow staff time to research and draft changes to Article 12 of the Land Use Code, Special Review for Oil and Gas Operations in light of the local government authority clarified and expanded by Senate Bill 19-181. View the presentation slides.

Board of County Commissioners Public Meeting, June 28, 2019

The Board of County Commissioners held a Public Meeting on June 28, 2019 to consider Enacting an Emergency Temporary Moratorium on the Accepting and Processing of New Oil and Gas Development Applications and Seismic Testing in unincorporated Boulder County. The Commissioners approved Resolution 2019-59 enacting an Emergency Temporary Moratorium on the accepting and processing of new oil and gas development applications and seismic testing in unincorporated Boulder County. Unless modified at a future public hearing, the moratorium will remain in effect until March 27, 2020.

Board of County Commissioners Public Meeting – April 25, 2017

Public Meeting for the Board of County Commissioners to discuss approaches, other than local land use regulations, to reduce the impacts of oil and gas development in Boulder County. The meeting was webstreamed and archived (select Event Bookmark #9).
Documents:

• Boulder County Commissioners pledge to continue to protect public health, safety, and the environment from local oil & gas development, April 25, 2017
• Staff presentation to Board of County Commissioners, April 25, 2017
• Press Release: County Commissioners to review multi-pronged approach to addressing potential public health and community impacts of oil and gas development in unincorporated Boulder County, April 21, 2017

Board of County Commissioners Public Meeting – March 23, 2017

Docket DC-16-0004: Amendments to Oil and Gas Development Regulations

Public Meeting of the Board of County Commissioners (BOCC) to consider proposed Land Use Code amendments addressing oil and gas development within the Boulder County Land Use Code. Public testimony regarding this item was taken at the BOCC public hearing on March 14, 2017.
Action Requested/Taken: Discussion and action. The Board of County Commissioners voted (3-0) to approve the proposed regulations as one part of a multi-pronged approach to address oil and gas in unincorporated Boulder County.
Documents:

• Staff Report to BOCC for March 23, 2017
• Staff presentation to the BOCC for March 23, 2017
• Public Meeting video from March 23, 2017 (select Event Bookmark # 11)
• Press release regarding adoption of the new oil and gas regulations, March 23, 2017
• Approved Boulder County oil and gas development regulations, effective March 23, 2017 (Resolution 2017-55)

Board of County Commissioners Public Hearing – March 14, 2017

Docket DC-16-0004: Amendments to Oil and Gas Development Regulations

Public Hearing for the Board of County Commissioners to consider proposed Land Use Code amendments addressing oil and gas development within the Boulder County Land Use Code. Public testimony was taken.Since the March 14 public hearing included several hours of testimony, the County Commissioners did not schedule a deliberation/decision meeting as part of the March 14 hearing. The deliberation Public Meeting was scheduled for March 23, 2017, where they discussed their findings from the public hearing and considered new oil and gas regulations for unincorporated Boulder County. No additional public testimony was taken on March 23, 2017.
Action Requested/Taken: Discussion. After several hours of public testimony, the Commissioners gave staff direction to make additional changes to the draft regulations for consideration on March 23, 2017.
Documents:

• DC-16-0004: BOCC Staff Report (including revised Draft Regulations) for March 14, 2017
• Staff presentation to the BOCC on March 14, 2017
• Public hearing video from March 14, 2017 (select Event Bookmark # 11)

County Commissioners extend temporary moratorium on processing oil and gas development applications

Board of County Commissioners public hearing, Dec. 13, 2016 – The Board of County Commissioners (BOCC) considered the status of the temporary moratorium that was due to expire the end of January 2017. County staff requested a time period of approximately four months to finalize and implement new oil and gas regulations based on direction given by the BOCC on Nov. 15 and 17, 2016. Staff stated that they would need time to research and draft many of the additional provisions requested by the Board and to prepare to implement and administer the regulations. The Board extended the existing moratorium on new oil and gas development to and through May 1, 2017. View the announcement.

• Presentation to BOCC for December 13, 2016
• Resolution 2016-137, Extending the Moratorium on Processing Oil and Gas Development Applications first Enacted by Resolution 2016-65.

Boulder County Planning Commission and Board of County Commissioners review of draft oil and gas development regulations (Docket DC-16-0004)

See announcement. Additional Public Meetings and hearings will be posted when scheduled.

Board of County Commissioners Public Meetings & Hearings (Docket DC-16-0004)

Board of County Commissioners Public Meeting, Nov. 17, 2016 – The Board adopted Resolution 2016-130 formalizing the moratorium extension through the end of January 2017 and established December 13 as the date on which a public hearing regarding the moratorium’s status will take place. Staff will provide an estimate of the time needed to complete the requested research and develop amendments to the proposed regulations at the Dec. 13 public hearing.
Documents:

• Staff presentation to Board of County Commissioners for Nov. 17, 2016
• Resolution 2016-130

Board of County Commissioners public hearing, Nov. 15, 2016 – After several hours of public testimony, the Commissioners gave staff direction to further inquire into and develop changes to the draft regulations. Since this work cannot be completed by Nov.18, when the current moratorium was set to expire, the Board voted 3-0 to extend the moratorium on an emergency basis until the end of January 2017 so that a public hearing could be set to determine the status of the moratorium (i.e., if and how long to further extend the moratorium based on staff’s estimate of time regarding the necessary work to be done).
Documents:

• DC-16-0004: Staff report to Board of County Commissioners (including Draft Regulations) for Nov. 15, 2016
• DC-16-0004: Staff presentation to Board of County Commissioners for Nov. 15, 2016
• DC-16-0004: Public hearing video from Nov. 15, 2016 (select Event Bookmark 7)

Planning Commission Public Meetings & Hearings (Docket DC-16-0004)

Planning Commission Public Meeting, Oct. 27, 2016 – The Planning Commission voted (9-0) to:
A) recommend approval of the proposed regulations (Docket DC-16-0004) to the Board of County Commissioners, with the edits and direction they provided at the October 27, 2016 Public Meeting, and
B) recommend that the Board of County Commissioners continue with a multi-pronged approach to addressing oil and gas development and consider a temporary moratorium on the processing of the required development plans for local oil and gas permits, for a period of time less than 5 years, to craft additional regulations based on new and recently published studies.
No further testimony was taken.
Documents:

• DC-16-0004: Staff report to Planning Commission for Oct. 27, 2016
• DC-16-0004: Staff presentation to Planning Commission for Oct. 27, 2016
• DC-16-0004: Oil/gas studies October 27, 2016
• DC-16-0004: Planning Commission meeting audio, Oct. 27, 2016

Planning Commission public hearing, Oct. 12, 2016 – Public comment was taken.
Documents:

• DC-16-0004: Staff report to Planning Commission for Oct. 12, 2016
• DC-16-0004: Staff presentation to Planning Commission for Oct. 12, 2016
• DC-16-0004: Public hearing audio from Oct. 12, 2016

Past Review of Oil & Gas Development Regulations

View past review history