Oil, gas proposals favor the rights of some over others

Government has an obligation to uphold the rights of all citizens. In fact, the reason it exists, to paraphrase the Declaration of Independence, is to protect the unalienable rights of life, liberty and property (and its use in the pursuit of happiness). The exercise of this duty is at times simple: The state protects your invention with a patent. The state pursues and prosecutes the thief who stole your car. At other times this duty requires a complex juggling act that balances competing rights such as when the state regulates energy production. Unfortunately, some Coloradans are trying to make the state prioritize some people’s rights over others.

From transportation, manufacturing and farming to heating our homes and charging our cellphone batteries, oil and gas fuel the machines that power our lives. Fossil-fuel production is also a vital source of jobs, royalty payments for the more than half a million Coloradans who own mineral rights, tax revenues for state and local governments, and billions of dollars in economic output for our state.

Hydraulic fracturing, aka fracking, has unlocked oil and gas resources inaccessible through other drilling techniques. Like other energy sources — solar, wind, nuclear, biomass, coal, hydro power — oil and gas production has benefits and costs. While the fracking process is temporary, pumps and trucks carrying water and sand produce noise and emissions. While fracking does not impact ground water, spills can contaminate soil and gas leaks can affect air quality. These externalities affect the lives and property of those in the community.

Balancing competing rights isn’t easy. The Colorado Oil and Gas Conservation Commission (COGCC) works with oil and gas operators, mineral rights owners, representatives from local governments, environmental experts, and other members of the public to foster the benefits of oil and gas extraction while preventing, mitigating and remediating adverse impacts on communities and the environment.

For example, COGCC regulations require oil and natural gas wells to be set back 500 feet from residences and 1,000 feet from high-occupancy buildings. The setbacks shield homeowners from the noise, diesel fumes and sight of heavy machinery. If the commission were to lengthen the setback, it would impact property rights and increase the cost of drilling. The longer the setback, the less economically feasible the drilling becomes and at some point operators may choose not to drill at all. This means fewer jobs, fewer mineral rights royalties, fewer tax revenues, lower economic output, and ultimately higher prices for electricity and gasoline. When determining the appropriate regulations, the commission must consider not only the well-being of people and wildlife near fracking sites but also the regulations’ impact on property rights, the economy and jobs, which also impact people’s well-being. The process isn’t perfect, but the commission tries to protect the life, liberty and property of all Coloradans.

Over the past week, lawmakers and activists have tried to make an end run around COGCC’s inclusive process and tip the scale in favor of the few over the many. House Bill 1071, which passed out of the Colorado House on a near-party line vote this week, would force the state to prioritize the health, safety and welfare of some in the community over the property rights and welfare of other people in the community. The proposal would violate the Colorado Constitution’s propertyright protections and subject state and local governments to endless litigation.

Similarly, Initiative 97, a proposed state ballot initiative heard last week before Colorado’s Title Board, would extend setbacks 2,500 feet, which would have the practical effect of prohibiting oil and gas development in much of the state. If passed, the initiative would infringe on property rights and cost the state jobs, economic growth, and tax revenue.

Both of these efforts are misguided and unfair. We need to let the COGCC do its job and protect the rights and well-being of all Coloradans.