Final
STAFF SUMMARY OF MEETING

COMMITTEE ON LEGAL SERVICES

Date:03/06/2009
ATTENDANCE
Time:12:13 PM to 08:24 PM
Brophy
X
Gardner B.
X
Place:SupCt
Labuda
X
Levy
X
This Meeting was called to order by
Mitchell
X
Senator Veiga
Morse
X
Roberts
X
This Report was prepared by
Schwartz
X
Patty Amundson
McGihon
X
Veiga
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
Agenda item 1 - Rules of Oil & Gas Conserv Commn
HB09-1292		Some Rules Repealed, All Other Rules Extended
Passed to the COW
Charley Pike, Director, Office of Legislative Legal Services, addressed the Committee.

12:16 PM -- Agenda item 1 - Rules of Oil & Gas Conserv Commn

Tom Morris, Senior Staff Attorney, Office of Legislative Legal Services, addressed agenda item 1 - Rules of the Colorado Oil and Gas Conservation Commission, Department of Natural Resources, concerning Practice and Procedure, 2 CCR 404-1.

Opponents of the Oil & Gas Rules:

1:05 p.m. -- Casey Shpall, Deputy Attorney General for the Natural Resources and Environment Section, Attorney General's Office, testified before the Committee.

1:38 p.m. -- Harris Sherman, Executive Director of the Department of Natural Resources and Chair of the Colorado Oil and Gas Conservation Commission, testified before the Committee, along with David Neslin, Acting Director of the Colorado Oil and Gas Conservation Commission.

2:41 p.m. -- Curtis Rueter, Environmental and Regulatory Manager for the Northern Region, Noble Energy, Inc., along with Susan Aldridge, Attorney, Beatty & Wozniak, testified before the Committee.

3:04 p.m. -- Ken Wonstolen, Attorney, Beatty & Wozniak, representing the Colorado Oil and Gas Association, testified before the Committee.

3:39 p.m. -- Scott Hall, CEO, Black Diamond Minerals, LLC, testified before the Committee.

3:41 p.m. -- Jim Walker, Petron Development Company, testified before the Committee.

3:54 p.m. -- Stan Dempsey, President, Colorado Petroleum Association, testified before the Committee.

4:09 p.m. -- Sue Jarrett, Rancher from Yuma county, testified before the Committee.

Proponents of the Oil & Gas Rules:

4:21 p.m. -- Michael Saul, Attorney, National Wildlife Federation, testified before the Committee.

4:38 p.m. -- Michael Freeman, Colorado Environmental Coalition, testified before the Committee.

4:56 p.m. -- Lance Astrella, Attorney, OGAP and North Fork Ranch Landowners' Association, testified before the Committee.

5:09 p.m. -- Jo Evans testified before the Committee.

5:13 p.m. -- Joe Feller, Senior Counsel, National Wildlife Federation, testified before the Committee.

5:25 p.m. -- Kent Peppler, President, Rocky Mountain Farmers Union, testified before the Committee.

5:30 p.m. -- Tara Meixsell, Landowner from New Castle, Colorado, testified before the Committee.

5:33 p.m. -- Kim Weber, Landowner from outside of De Beque, Colorado, testified before the Committee.

5:36 p.m. -- Michael Smith, Landowner, testified before the Committee.

5:39 p.m. -- Gopá Ross, Landowner, North Fork Ranch, testified before the Committee.

5:43 p.m. -- Brett Corsentino, Dairy Farmer from Walsenburg, Colorado, testified before the Committee.

5:44 p.m. -- Dick Goodwin, Landowner, testified before the Committee.

5:45 p.m. -- David Baumgarten, County Attorney, Gunnison, testified before the Committee.

5:56 p.m. -- Rachel Richards, Pitkin County Commissioner and Vice-chair of the Northwest Colorado Council of Governments Water Quality and Quantity Committee (Q2), and testified before the Committee.

6:04 p.m. -- Randy Feuerstein, Shareholder and Director of Dufford & Brown, P.C., testified before the Committee.

6:14 p.m. -- Josh Joswick, San Juan Citizens Alliance in Durango, testified before the Committee.

6:18 p.m. -- Steve Torbit, Regional Executive Director, National Wildlife Federation, Rocky Mountain Office, testified before the Committee.

6:21 p.m. -- Gary Graham, Executive Director, Audubon Colorado, testified before the Committee.

6:23 p.m. -- John Woodling, Colorado Trout Unlimited, testified before the Committee.

6:26 p.m. -- David Nickum, Executive Director, Colorado Trout Unlimited, testified before the Committee.

6:29 p.m. -- Jay Miller, City Council member, City of Rifle, testified before the Committee.

Opponents of the Oil & Gas Rules:

6:31 p.m. -- Troy Bredenkamp, Executive Vice President, Colorado Farm Bureau, testified before the Committee.

6:34 p.m. -- Terry Fankhauser, Colorado Cattlemen's Association, testified before the Committee.

Mr. Neslin, Ms. Shpall, and Mr. Sherman were asked to testify again to answer questions of the Committee.
BILL:Agenda item 1 - Rules of Oil & Gas Conserv Commn
TIME: 07:07:31 PM
MOVED:McGihon
MOTION:That the following rules of the oil and gas conservation commission of the department of natural resources, concerning practice and procedure, as adopted by the commission on December 11, 2008, are repealed, effective May 15, 2009: The introductory portion to Rule 306. c. (1) (A) and rule 306. c. (1) (A) (i), (1) (A) (ii), and (1) (A) (iii), concerning consultation; Rule 604. a. (1), concerning atmospheric tanks used for crude oil storage; and Rule 604. a. (10), concerning vent lines
SECONDED:
VOTE
Brophy
Yes
Gardner B.
Yes
Labuda
Yes
Levy
Yes
Mitchell
Excused
Morse
Yes
Roberts
Yes
Schwartz
Yes
McGihon
Yes
Veiga
Yes
Not Final YES: 9 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS
BILL:Agenda item 1 - Rules of Oil & Gas Conserv Commn
TIME: 07:11:53 PM
MOVED:Gardner B.
MOTION:That the following rule of the oil and gas conservation commission of the department of natural resources, concerning practice and procedure, as adopted by the commission on December 11, 2008, is repealed, effective May 15, 2009: Rule 503. b. (7) B.
SECONDED:
VOTE
Brophy
Yes
Gardner B.
Yes
Labuda
No
Levy
No
Mitchell
Excused
Morse
Yes
Roberts
Yes
Schwartz
No
McGihon
No
Veiga
No
Not Final YES: 4 NO: 5 EXC: 1 ABS: 0 FINAL ACTION: FAIL
BILL:Agenda item 1 - Rules of Oil & Gas Conserv Commn
TIME: 07:24:52 PM
MOVED:Gardner B.
MOTION:That the following rules of the oil and gas conservation commission of the department of natural resources, concerning practice and procedure, as adopted by the commission on December 11, 2008, are repealed, effective May 15, 2009: Rule 503. b. (7) D. and E.
SECONDED:
VOTE
Brophy
Yes
Gardner B.
Yes
Labuda
No
Levy
No
Mitchell
Excused
Morse
No
Roberts
Yes
Schwartz
No
McGihon
No
Veiga
No
Not Final YES: 3 NO: 6 EXC: 1 ABS: 0 FINAL ACTION: FAIL
BILL:Agenda item 1 - Rules of Oil & Gas Conserv Commn
TIME: 07:35:38 PM
MOVED:Gardner B.
MOTION:That the following rules of the oil and gas conservation commission of the department of natural resources, concerning practice and procedure, as adopted by the commission on December 11, 2008, are repealed, effective May 15, 2009: Rules 305 c. and e.
SECONDED:
VOTE
Brophy
Yes
Gardner B.
Yes
Labuda
No
Levy
No
Mitchell
Excused
Morse
No
Roberts
Yes
Schwartz
No
McGihon
No
Veiga
No
Not Final YES: 3 NO: 6 EXC: 1 ABS: 0 FINAL ACTION: FAIL
BILL:Agenda item 1 - Rules of Oil & Gas Conserv Commn
TIME: 07:45:42 PM
MOVED:Gardner B.
MOTION:That the following rule of the oil and gas conservation commission of the department of natural resources, concerning practice and procedure, as adopted by the commission on December 11, 2008, is repealed, as set forth and effective May 15, 2009: Rule 201A. only so much of the rule that provides for an effective date for federal land and substituting an effective date for the rules in their entirety of April 1, 2009
SECONDED:
VOTE
Brophy
Yes
Gardner B.
Yes
Labuda
No
Levy
No
Mitchell
Excused
Morse
No
Roberts
No
Schwartz
No
McGihon
No
Veiga
No
Not Final YES: 2 NO: 7 EXC: 1 ABS: 0 FINAL ACTION: FAIL
BILL:Agenda item 1 - Rules of Oil & Gas Conserv Commn
TIME: 07:56:53 PM
MOVED:Gardner B.
MOTION:That the following rule of the oil and gas conservation commission of the department of natural resources, concerning practice and procedure, as adopted by the commission on December 11, 2008, is repealed, effective May 15, 2009: Rule 1202 e., which concerns no permit-specific condition of approval for wildlife habitat protection being imposed without surface owner consent
SECONDED:
VOTE
Brophy
Yes
Gardner B.
Yes
Labuda
No
Levy
No
Mitchell
Excused
Morse
No
Roberts
Yes
Schwartz
No
McGihon
No
Veiga
No
Not Final YES: 3 NO: 6 EXC: 1 ABS: 0 FINAL ACTION: FAIL
BILL:Agenda item 1 - Rules of Oil & Gas Conserv Commn
TIME: 08:04:45 PM
MOVED:Brophy
MOTION:That the following rule of the oil and gas conservation commission of the department of natural resources, concerning practice and procedure, as adopted by the commission on December 11, 2008, is repealed, effective May 15, 2009: Rule 904.
SECONDED:
VOTE
Brophy
Yes
Gardner B.
Yes
Labuda
No
Levy
No
Mitchell
Excused
Morse
No
Roberts
No
Schwartz
No
McGihon
No
Veiga
No
Not Final YES: 2 NO: 7 EXC: 1 ABS: 0 FINAL ACTION: FAIL
BILL:Agenda item 1 - Rules of Oil & Gas Conserv Commn
TIME: 08:12:37 PM
MOVED:Brophy
MOTION:That the following rule of the oil and gas conservation commission of the department of natural resources, concerning practice and procedure, as adopted by the commission on December 11, 2008, is repealed, effective May 15, 2009: Rule 910.
SECONDED:
VOTE
Brophy
Yes
Gardner B.
Yes
Labuda
No
Levy
No
Mitchell
Excused
Morse
No
Roberts
No
Schwartz
No
McGihon
No
Veiga
No
Not Final YES: 2 NO: 7 EXC: 1 ABS: 0 FINAL ACTION: FAIL
BILL:Agenda item 1 - Rules of Oil & Gas Conserv Commn
TIME: 08:14:46 PM
MOVED:McGihon
MOTION:That the automatic expiration of May 15, 2010, for the remainder of the rules of the oil and gas conservation commission of the department of natural resources concerning practice and procedure, as adopted by the commission on December 11, 2008, is postponed, effective May 15, 2009
SECONDED:
VOTE
Brophy
No
Gardner B.
No
Labuda
Yes
Levy
Yes
Mitchell
Excused
Morse
Yes
Roberts
Yes
Schwartz
Yes
McGihon
Yes
Veiga
Yes
Final YES: 7 NO: 2 EXC: 1 ABS: 0 FINAL ACTION: PASS

08:20 PM -- House Bill 09-1292

Ms. Haskins made some remarks concerning HB 1292.
BILL:HB09-1292
TIME: 08:21:00 PM
MOVED:McGihon
MOTION:Moved House Bill 09-1292 and that the committee report to House Bill 09-1292 be drafted to amend the bill to reflect the findings and incorporate the decisions made by the Committee on Legal Services on the rules of the oil and gas conservation commission of the department of natural resources, as adopted by the commission on December 11, 2008
SECONDED:
VOTE
Brophy
Yes
Gardner B.
Yes
Labuda
Yes
Levy
Yes
Mitchell
Excused
Morse
Yes
Roberts
Yes
Schwartz
Yes
McGihon
Yes
Veiga
Yes
Not Final YES: 9 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS
BILL:HB09-1292
TIME: 08:23:57 PM
MOVED:McGihon
MOTION:That House Bill 09-1292, as amended, be moved to the Committee of the Whole with a favorable recommendation
SECONDED:
VOTE
Brophy
Yes
Gardner B.
Yes
Labuda
Yes
Levy
Yes
Mitchell
Excused
Morse
Yes
Roberts
Yes
Schwartz
Yes
McGihon
Yes
Veiga
Yes
Final YES: 9 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS

8:24 p.m.

The Committee adjourned.

Detailed summary:

cols0306_09.pdf