Adams County worries new bill will spark an application “rush”

Adams County commissioners on Wednesday once again halted new applications for oil and gas drilling permits over fears they’ll see a rush of applicants — this time due to the bill currently before the legislature that would vastly overhaul regulation of the industry.

All five county commissioners voted in favor of the moratorium, which comes as state legislators advance a bill that its backers say consists of “the most sweeping oil and gas reforms” the state has seen. The moratorium goes into effect immediately and can last as long as six months.

Senate Bill 19-181 would give local governments greater control to regulate the industry via their planning and land-use powers. The bill has been approved by the state Senate and is now moving its way through House committees.

The board’s chair, Steve O’Dorisio, said the moratorium will provide a “timeout” while Adams County’s oil and gas regulations are revamped, pending the approval of the bill. He said commissioners approved the motion “because we are seeing the progress and the speed in which that legislation is going through.”

“We’re getting down to the wire on that bill,” he said.

The commissioners took the vote just one day after the board publicly revealed it would consider the matter. During the hearing, the commission listened to more than two hours of public comments, with many of those opposing the moratorium having ties to the oil and gas industry.

“Adams County’s commissioners have just given Coloradans a glimpse of the consequences that Senate Bill 181 will have in the state,” said Ben Marter, spokesman for the Colorado Petroleum Council, in a statement.

“Again and again, proponents of this bill have explicitly denied any suggestions that the measure would permit municipalities and counties to do exactly what has happened in Adams County today.”

Food and Water Watch, which pushes to stop hydraulic fracturing in the state, supported the vote.

“This measure will give the county government time to evaluate the new law, should SB 181 pass, and give the community a chance to weigh in on the issue,” said Jason Harrison, an organizer. “The people most directly affected by the dangers of oil and gas drilling should have the right to decide what happens in their communities.”

A draft of Adams County’s moratorium resolution says there “is real potential for oil and gas developers to rush to submit local government applications between now and the implementation of Senate Bill 19181 …”

And with the changes proposed in the bill, the county says it will need to “re-evaluate its oil and gas development regulations,” which it estimates could take about six months.

One oil and gas company filed a permit for 22 new wells on Wednesday, which O’Dorisio said “proves” why commissioners moved so quickly to halt new applications. Permits for about 111 wells might be affected by the moratorium as the applications have — so far — only been filed with the state and not Adams County.

Drilling operations for another 300 wells will proceed despite the vote because their permits have been completed, O’Dorisio said.

The commissioners approved a similar ban in October on oil and gas permit applications ahead of the 2018 midterm election. At that time, the county was concerned about the potential rush of permits it would receive from companies if a ballot measure to increase setbacks for wells from buildings and waterways was approved.

That ballot measure failed, and Adams County lifted the moratorium in November.