Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON AGRICULTURE, LIVESTOCK, & NATURAL RESOURCES
Date:02/14/2005
ATTENDANCE
Time:03:54 PM to 07:28 PM
Brophy
E
Gallegos
E
Place:Garfield County Board of Commissioner's Chamber
Harvey
E
Hodge
X
This Meeting was called to order by
Hoppe
E
Representative McKinley
McFadyen
X
Penry
X
This Report was prepared by
Rose
E
David Beaujon
Solano
X
McKinley
X
Curry
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
HB05-1219Witness Testimony Only


03:56 PM -- House Bill 05-1219

The meeting was called to order and Representative Curry passed the gavel to Representative McKinley:

3:57 PM

Representative Curry, sponsor, described the provisions of the bill concerning damages to surface lands caused by oil and gas development.

The following persons testified on the bill:

4:04 PM -- Conrad Archer, DV8 Technologies, spoke in opposition to the bill. He explained that the bill will delay opportunity to drill and costing his drilling operations resources.

4:07 PM -- Adele Hubbell, representing herself, described impacts to surface lands caused by mineral development and showed pictures of mitigation efforts by different operators (Attachment A).

4:11 PM -- Shawn Wade, representing himself, spoke in opposition to the bill.

4:13 PM -- Thomas Lloyd, representing himself, commented on the bill and described his efforts to negotiate with gas developers regarding use of his surface lands

4:19 PM -- Randy Frickey, Save Colorado Now, spoke in support of the bill and described impacts to surface lands caused by mineral development (Attachment B).

4:23 PM -- Kathryn Bedell, Garfield County Mineral Impact Board, spoke in support of the bill and efforts to negotiate with an oil and gas developer (Attachment C).

4:30 PM -- Steve Soychac, Williams Energy, CO, spoke in opposition to the bill. He described economic benefits from oil and gas development and his company's efforts to negotiate with surface lands owners. He also described Wyoming's law concerning negotiation between surface land owners and mineral developers.

4:36 PM -- David Petrie, Encana Energy Company, spoke in opposition to the bill. He also described gas development by his company in Garfield County and efforts to obtain surface use agreements prior to drilling.

4:39 PM -- Tim Leonard, employee of Williams Energy Company, representing himself, spoke in opposition to the bill. He also described protections in current law for surface land owners from mineral development.

4:43 PM -- Sandy Hotard, employee of Williams Energy Company, spoke in opposition to the bill. She also described efforts by surface land owners to prevent mineral development on their lands.

4:45 PM -- Doug Weaver, representing himself, spoke in opposition to the bill. He also described laws pertaining to severed mineral development.

4:51 PM -- Joan Quest, representing herself, spoke in opposition to the bill.

4:52 PM -- Larry Kent, Haliburton Energy Services, spoke in opposition to the bill and described the economic benefit obtained from mineral development.

4:55 PM -- Kent Edwards, representing himself, spoke in opposition to the bill. He also described the impacts from surface development.

5:00 PM -- Tara Meixsell, representing herself, spoke in support of the bill. She also described difficulty she experienced learning that minerals had been severed from lands she bought near the Town of New Castle.

5:03 PM -- Peggy Utesch, representing herself, described current law pertaining disclosures on sales contracts regarding mineral ownership.

5:06 PM -- Larry Jensen, representing himself, described impacts to surface lands from mineral development. He also proposed changes to law to protect surface land owners from such impacts.

5:10 PM -- Calvin Roberts, Colorado Farm Bureau, spoke in support of the bill. He also proposed an amendment to expedite the negotiation and appraisal process.

5:16 PM -- John Moore, representing himself, spoke in support of the bill (Attachment D).

5:21 PM -- Robin Morrison, Western Colorado Congress, spoke in support of the bill.

5:24 PM -- George Bauer, representing himself, spoke in opposition to the bill and described his experience negotiating with mineral developers. He also submitted petitions from opponents of the bill. (Attachment E).

5:25 PM -- Mike Matheson, La Plata County, spoke in support of the bill and described the assistance provided by La Plata County's to surface lands owners facing mineral development on their land. He also described the Colorado Oil and Gas Conservation Commission's on-site inspection policy.

5:36 PM -- Herman Stauffer, representing himself, spoke in support of the bill and described impacts to his land caused by mineral development.

5:39 PM -- Orlyn Bell, representing himself, spoke in support of the bill and described impacts to his land from mineral development.

5:47 PM -- Brad Moss, representing himself, spoke in opposition to the bill.

5:49 PM -- Greg Russi, representing himself, spoke in support of the bill.

5:53 PM -- T. Wright Dickinson, representing himself, spoke in opposition to the bill. He expressed concern that appraisers will undervalue lands affected by mineral development. He also described the potential benefit of the COGCC's new on-site inspection.

6:03 PM

The committee recessed

6:13 PM -- The committee returned from recess and the committee members introduced themselves.

6:14 PM -- Mariana Raftopoulas, representing herself, spoke in opposition to the bill.

6:18 PM -- Gerald Boren, representing himself, spoke in support of the bill. He also described difficulty getting the Colorado Oil and Gas Conservation Commission (COGCC) to inspect well sites and enforce regulations to protect surface land owners.

6:25 PM -- Pepi Langegger, representing himself, spoke in support of the bill.

6:27 PM -- Cliff Cappelli, representing himself, spoke in support of the bill.

6:30 PM -- Nancy Jacobsen, representing herself, spoke in support of the bill and described impacts to surface lands caused by mineral development (Attachment F).

6:34 PM -- Nancy Pitman, representing herself, spoke in support of the bill and described surface use agreements she has negotiated with gas developers on her land. She also described impacts to her land caused by gas development (Attachment G).

6:38 PM -- Richard Murr, representing himself, spoke in support of the bill and expressed concern about potential impacts to his land from mineral development.

6:42 PM -- David Foster, Colorado Association of Home Builders, spoke in support of the bill and described case law concerning use of surface lands for oil and gas development. He also proposed a change to the notification requirements for mineral developers (Attachment H).

6:47 PM -- Deanna Wolsten, Western Colorado Congress, spoke in support of the bill and said that the COGCC's on-site inspection policy is inadequate to protect surface land owners.

6:50 PM -- Michael Erion, representing himself, spoke in support of the bill.

6:55 PM -- Laura Amos, representing herself, spoke in support of the bill. She also described impacts to her health and land caused by gas development.

7:03 PM -- Charles Kerr, Western Colorado Congress, spoke in support of the bill.

7:06 PM -- Mike McGuirre, representing himself, spoke in support of the bill.

7:07 PM -- Tresi Haupt, Garfield County Commissioner, spoke in support of the bill. She also described the challenge of negotiating a fair surface use agreement.

7:10 PM -- Peggy Utesch, representing herself, spoke in support of the bill and described impacts to her surface lands caused by mineral development.

7:16 PM -- Phyllis Adams, representing herself, spoke in support of the bill and described potential impact to her land from mineral development.

7:18 PM -- Oni Butterfly, representing herself, spoke in support of the bill .

7:20 PM -- Bob Utesch, representing himself, spoke in support of the bill and described the challenge of negotiating a surface use agreement.

7:23 PM -- Rosemary Bilchack, representing herself, spoke in support of the bill and described impacts to her land from mineral development.

7:28 PM

The meeting was adjourned. The bill will be heard on February 16, upon adjournment.


The following persons submitted written testimony:

Maxwell Alley (Attachment I);
Pitkin County (Attachment J);
Theo Colborn (Attachment K);
Dwight and Linda Kochevar, - submitted by Colorado Network for Surface Owner Protection (Attachment L);
Loyd and Rita Jane Moore - submitted by Colorado Network for Surface Owner Protection(Attachment M);
Ralph Cantafio (Attachment N);
Jim Greenhill (Attachment O);
James Blankenship - in support (Attachment P)

Supporters of the bill submitted a petition (Attachment Q).