Denver Post endorsement Vote “no” on Question 301 in Broomfield
Voters in Broomfield should resist the temptation in November’s election to derail a thoughtful and constructive process underway to ensure oil and gas development in the area is safe, responsible and not too close to homes and schools.
Certainly, Broomfield residents are right to be concerned about the heavy industrial practice of hydraulic fracturing that is coming into neighborhoods and popping up around schools, parks and offices.
But Question 301, while well-intentioned, would be a step backward for a city that is a shining example of working collaboratively with the oil and gas industry. We urge voters to say “no.”
On its face, Question 301 seems fairly innocuous. Of course oil and gas development should “only occur in a manner that does not adversely impact the health, safety and welfare of Broomfield’s residents in their workplaces, their homes, their schools, and public parks.”
However, as is often the case, reality is much more complicated than a ballot measure can capture in a hundred words.
Consider, for example, that cities are limited in how much they can control oil and gas development. Permitting rests firmly with the Colorado Oil and Gas Conservation Commission, and the state Supreme Court has held that local bans on hydraulic fracturing are in violation of the Colorado Constitution.
Local jurisdictions can exercise control over some of the process by developing memorandums of understanding with companies wishing to operate within city or county limits.
While Question 301 definitely is not a ban, it confers authority in Broomfield’s home rule charter that could be challenged in court with an unclear outcome. For example, it gives Broomfield “plenary authority to regulate all aspects of oil and gas development, including land use and all necessary police powers.”
A more productive path forward is well underway and proving to be fruitful.
Just last week, according to the Broomfield Enterprise, the Broomfield City Council approved in a 9-to-1 vote a plan that will guide future negotiations with companies looking to drill in the city. It includes setback requirements of 750 feet and other measures intended to find the most appropriate sites for drilling.
The new portion of the city’s charter will guide negotiations with Extraction Oil and Gas, a company that was at one time seeking to develop 139 wells but has worked to lower the count to 99 by moving some planned operations outside of city limits. Extraction is also planning to shut down operating wells in Broomfield that are close to homes.
The process will likely not be perfect. That’s a function of just how difficult this issue is. Oil and gas companies often own, or are on the cusp of acquiring through forced pooling, mineral rights that they are guaranteed access to under state law. Rarely do these companies also own the surface rights above all — if any — of those resources.
When a Boulder County District Court judge struck down Longmont’s ban on hydraulic fracturing in 2014 — a ruling later upheld by the state Supreme Court — she called the division between state control and local bans “an irreconcilable conflict.”
We hope the work between Broomfield, a city that recently rejected a fracking moratorium, and Extraction Oil and Gas will prove that the conflict can be reconciled. Unfortunately, we fear Question 301 will jeopardize what looks to be a promising outcome. The members of The Denver Post’s editorial board are William Dean Singleton, chairman; Mac Tully, CEO and publisher; Chuck Plunkett, editor of the editorial pages; Megan Schrader, editorial writer; and Cohen Peart, opinion editor.