Second Regular Session
              Sixty-eighth General Assembly
                    STATE OF COLORADO
                                                 INTRODUCED
                                                           
                                                           
 LLS NO. 12-0503.01 Thomas Morris x4218  HOUSE BILL 12-1176
                    HOUSE SPONSORSHIP
 Ryden,  Wilson, Hullinghorst, Jones, Todd
 
                   SENATE SPONSORSHIP
 (None),
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 House Committees
 Senate Committees
 
 
 Local Government
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                         A BILL FOR AN ACT
       Concerning oil and gas, and, in connection therewith,
            increasing the Colorado oil and gas conservation
            commission's authority to regulate oil and gas
            operations and including within the term "surface
            owner" the owners of land overlying that portion of
            a geologic formation within which horizontal
            hydraulic fracturing is conducted.
       
       
                           Bill Summary
       
            (Note: This summary applies to this bill as introduced and does
       not reflect any amendments that may be subsequently adopted. If this bill
       passes third reading in the house of introduction, a bill summary that
       applies to the reengrossed version of this bill will be available at
       http://www.leg.state.co.us/billsummaries.)
       
            Section 1 of the bill specifies that the Colorado oil and gas
       conservation commission has authority to require:
                 Increased setbacks from wells that will be treated with
                 hydraulic fracturing. The commission must require
                 setbacks of at least 1,000 feet from any school or residence
                 but allow a surface owner who is not located in an urban
                 area to request a shorter setback than would otherwise
                 apply.
                 That best management practices for new technologies be
                 established by rule prior to use of the new technologies.
            Section 2 includes the owners of land overlying that portion of a
       geologic formation within which horizontal hydraulic fracturing is
       conducted within the term "surface owner".
       
       
       
       Be it enacted by the General Assembly of the State of Colorado:
            SECTION 1.  In Colorado Revised Statutes, 34-60-106, add (1)
       (k) and (1) (l) as follows:
            34-60-106.  Additional powers of commission - rules. (1)  The
       commission also has authority to require:
            (k)  Increased setbacks from wells that will be treated
       with hydraulic fracturing. The commission shall require
       setbacks of at least one thousand feet from a residence or
       school; except that a surface owner of land that is not located
       in an urban area and on which a well that is or will be subject to
       hydraulic fracturing may request a shorter setback. For
       purposes of this paragraph (k), "urban area" means an area
       determined to contain an average residential density equal to
       or greater than one dwelling unit per two and one-half acres or
       that has at least fifty thousand square feet of gross floor area
       devoted to nonresidential structures.
            (l)  That best management practices for new technologies
       be established by rule prior to use of the new technologies.
            SECTION 2.  In Colorado Revised Statutes, 34-60-103, amend
       (10.5) as follows:
            34-60-103.  Definitions. As used in this article, unless the context
       otherwise requires:
            (10.5)  "Surface owner" means any person owning all or part of the
       surface of land upon which oil and gas operations are conducted, as
       shown by the tax records of the county in which the tract of land is
       situated, or any person with such rights under a recorded contract to
       purchase. For purposes of this subsection (10.5), "land upon which
       oil and gas operations are conducted" includes land overlying
       that portion of a geologic formation within which horizontal
       hydraulic fracturing is conducted.
            SECTION 3.  Applicability. The provisions of this act apply to
       acts occurring on or after the effective date of this act.
            SECTION 4.  Safety clause. The general assembly hereby finds,
       determines, and declares that this act is necessary for the immediate
       preservation of the public peace, health, and safety.