Category: News (Older posts)

CO Rep. Jon Becker (R- Fort Morgan) pulled his bill, Colorado HB11-1150 on February 21 at the House Agricultural, Livestock & Wildlife Committee hearing.  CWF has actively worked to oppose this bill.  CWF applauds Representative Becker and Department of Natural Resources Executive Director Mike King for their work to bring about this outcome.  (See also the Department of Natural Resources press release below, reprinted in full.)

What this bill would have done: This bill would have transfered $5 million in game cash funds from the Division of Wildlife (DOW) to the Colorado Water Conservation Board each year for the next 10 years.  In addition to the loss of $5 million,  which is derived from the sale of hunting and fishing licenses, the bill would have constituted a “diversion of funds” that will result in an additional loss of $21 million per year in matching federal funds.  These federal funds come from excise taxes on hunting and fishing equipment dedicated to support wildlife management activities, including hunting and angling. The loss of $21 million per year will continue indefinitely until the original funds diverted are repaid with interest.  HB 1150  effectively eliminates almost $26 million per year from the DOW  for 10 years, compromising its ability to manage wildlife and hunting and fishing recreation. The total loss would have been $260 million. The DOW derives the bulk of its funding from sportsmen and sportswomen and does not receive any tax revenue from the general public.

In a related action, the Colorado Department of Natural Resources issued a press release during the morning of February 17 stating:

“The Colorado Division of Wildlife is announcing a 5-year goal to prioritize investments in water projects that benefit wildlife and wildlife recreation.  The Division owns 104 dams and has an active program to maintain existing facilities for safety, storage, and release. CDOW has identified 17 dams and associated infrastructure in need of repairs and improvements, and is actively seeking storage agreeements, exchange of use agreements and other water projects with water providers and water users for this purpose.

CDOW Director Tom Remington said, ‘We have several critical water development needs, such as repairing the dam at Beaver Reservoir to allow us to store water again.  We also have some great opportunities, such as reaching a storage agreement with Rio Grande Reservoir operators to store Division of Wildlife water critical to our needs in the San Luis Valley.’

In cooperation with Representative Jon Becker (R-Fort Morgan), the CDOW is exploring other opportunities that will first and foremost benefit wildlife and wildlife recreation, but will also help other entities and individuals who depend on water resources in the state.  The Division intends to allocate at least $6 million for these types of projects over the next five years.

Rep. Becker said, ‘I am glad to see the CODW seeking additional opportunities for water development that will benefit both wildlife and sportsmen.  At the same time, the ancillary benefit to agricultural and other interests across the state is a win-win for all involved.’

‘In the face of budget issues that are creating challenges throughout state government, it is especially challenging to plan for increasing water demand while protecting natural resources over the long term,’ Department of Natural Resources Executive Director Mike King explained.  ‘There is a lot of overlap between healthy wildlife habitat and what sportsmen and agricultural communities need. We welcome the opportunity to combine these goals and find ways to make limited state funding go further.’ “

On February 15, 2011 Department of Interior Secretary Ken Salazar announced that the Department will rethink oil shale policy which includes reassessing the 2008 BLM commercial leasing regulations.   BLM intends to update, if necessary, to reflect the latest research.  BLM Directory Bob Abbey stated, “We’re not sure that 2 million acres should be allocated.”  This acreage is in Colorado’s Piceance Basin which is experiencing extensive gas leasing.  Utah and Wyoming are the other states included in the allocation.  BLM will consider whether existing resource management plans should be amended. It also will seek public input on various issues including royalty rates “to ensure a fair return to taxpayers.”   The 2008 regulations set the royalty rate at  5 percent for the first 5 years of commercial production; the rate would rise 1 percent  every subsequent  year  until reacing 12.5 percent.  Currently, there are five first round research, demonstration and development (RD&D) oil shale leases in the Piceance.  Nominations for three round 2 RD&D leases in Colorado are undergoing the 4-18 month BLM legal process.   Secretary Salazar noted, “It is important to place this in the context of very tough water issues faced by the 7 states” in the Colorado River Compact.  He emphasized that  we need to understand how development of a water-intensive resource will impact allocations under the Compact.   There have not been public findings by the lessees in the first round of RD&D as to technological feasibility of commercial scale production or water requirement estimates.

CWF applauds Secretary Salazar’s announcement.   In our view, it is unnecessary to rush to commercial leasing when no research results have yet been forthcoming on the existing round 1 RD&D oil shale leases in the Piceance Basin.  We understand that additional leases exist on private lands in the area.

On February 15, 2011 Department of Interior Secretary Ken Salazar announced that the Department will rethink oil shale policy which includes reassessing the 2008 BLM commercial leasing regulations.   BLM intends to update, if necessary, to reflect the latest research.  BLM Directory Bob Abbey stated, “We’re not sure that 2 million acres should be allocated.”  This acreage is in Colorado’s Piceance Basin which is experiencing extensive gas leasing.  Utah and Wyoming are the other states included in the allocation.  BLM will consider whether existing resource management plans should be amended. It also will seek public input on various issues including royalty rates “to ensure a fair return to taxpayers.”   The 2008 regulations set the royalty rate at  5 percent for the first 5 years of commercial production; the rate would rise 1 percent  every subsequent  year  until reacing 12.5 percent.  Currently, there are five first round research, demonstration and development (RD&D) oil shale leases in the Piceance.  Nominations for three round 2 RD&D leases in Colorado are undergoing the 4-18 month BLM legal process.   Secretary Salazar noted, “It is important to place this in the context of very tough water issues faced by the 7 states” in the Colorado River Compact.  He emphasized that  we need to understand how development of a water-intensive resource will impact allocations under the Compact.   There have not been public findings by the lessees in the first round of RD&D as to technological feasibility of commercial scale production or water requirement estimates.

CWF applauds Secretary Salazar’s announcement.   In our view, it is unnecessary to rush to commercial leasing when no research results have yet been forthcoming on the existing round 1 RD&D oil shale leases in the Piceance Basin.  We understand that additional leases exist on private lands in the area.

On February 11, at the State Land Board public meeting, CWF urged that SLB staff confer in a clear, systematic process with Colorado Division of Wildlife staff about important wildlife values on proposed lease auction parcels.  This is necessary to avoid, or at least minimize adverse impacts to important wildlife and habitat.  Outcomes of the meeting:  The SLB directed staff to review with the DOW wildlife values on tracts that will be offered at the February 17 auction (those tracts in which SLB owns both the mineral rights and the surface).  The objective is to ensure that stipulations to protect very important wildlife habitat are attached to any leases offered at the auction.  At the meeting It also was announced that SLB was removing from the February 17 lease auction three tracts in the South Park Basin.  This is important for wildlife and to avoid potential harm to water quality.  Two parcels are adjacent to the popular Antero Reservoir, an important fishery. In addition, it was decided to pull from the February 17 auction a tract very close to the Gold Medal waters of the Middle Fork of the South Platte River.   A coalition of South Park residents  and CWF urged withdrawal.

[CWF had issued written comments to the Colorado Wildlife Commission in advance of its joint meeting on February 10 with the State Land Board.  CWF then made verbal comments during the public comment segment of the SLB’s meeting on February 11. ]

The next step is for the SLB staff and DOW staff to work through development of a good process for DOW to learn of parcels SLB determines to offer at future quarterly auctions, and then to confer with SLB staff regarding important wildlife values, to avoid or minimize adverse impacts to Colorado’s important wildlife and habitat.

Earlier — December 3, 2010

 

At the Colorado State Land Board meeting December 3, 2010, CWF made the following comments.  SLB is in the process of revising its oil and gas lease form.  SLB owns 3,988,227 acres of mineral estates and 2,819,035.59 acres of the surface.

 

Text of Colorado Wildlife Federation’s Comments at the State Land Board Meeting

December 3, 2010

Presented by Suzanne O’Neill, Executive Director

Colorado Wildlife Federation is a nonprofit organization.  Our members are a broad mix of sportsmen, other wildlife conservationists, small business that derive revenue from wildlife associated recreation, and some landowners.  Our mission is to educate and advocate for sound wildlife management in Colorado.  We were actively involved in the legislation and lengthy public process that culminated in the Colorado Oil and Gas Conservation Commission (COGCC) amended rules for oil and gas development that addresses minimizing adverse impacts to wildlife.  These rules represent a sound accommodation of the competing interests, a balance.  Everyone continues to work in a constructive manner within the rules.

The State Land Board is fortunate to own extensive acreage as mineral estate, coupled with surface ownership.  The lands that have concentrations of oil or gas also happen to be rich in wildlife habitat.  The Colorado constitution provides that economic productivity must be coupled with sound œstewardship.  The content of the key word, stewardship, sets out protection and enhancement of beauty, natural values, open sapce, and wildlife habitat for our generation and ones to come.  Thus, the constitution imposes a duty to manage the inevitable practical tensions between energy development, on the one hand, and conservation values, on the other.

As you make revisions to the lease, we hope it will incorporate a conservation ethic.  Such an ethic is essential to a stewardly management of the tensions between fostering of economic productivity and protection of wildlife.  As to the proposed lease provision that addresses wildlife, paragraph F. under Additional operating requirements, the obligation to select best management practices is left to the lessee, the oil and gas operator.  In our view, this mechanism might well lead the State Land Board to assume an overpassive role in discharging its duty of stewardship.  As to those properties owned in surface as well as subsurface, the lead in defining best management practices must be taken by the State Land Board rather than by the operators.  The State Land Board must have an active vision of its responsibility to navigate through the tension between development and stewardship.  Of course, there can be negotiations, but they must be informed by such a vision.   The Division of Wildlife and operators have hammered out many best management practices in sensitive wildlife habitat under the COGCC rules. By way of example, more than 325,000 acres of the Piceance Basin are covered in œwildlife migitation plans (focused on minimization of adverse impacts to wildlife) since July 2010.  The expertise is readily available.  Thank you for the opportunity to offer our comments.

On February 11, at the State Land Board public meeting, CWF urged that SLB staff confer in a clear, systematic process with Colorado Division of Wildlife staff about important wildlife values on proposed lease auction parcels.  This is necessary to avoid, or at least minimize adverse impacts to important wildlife and habitat.  Outcomes of the meeting:  The SLB directed staff to review with the DOW wildlife values on tracts that will be offered at the February 17 auction (those tracts in which SLB owns both the mineral rights and the surface).  The objective is to ensure that stipulations to protect very important wildlife habitat are attached to any leases offered at the auction.  At the meeting It also was announced that SLB was removing from the February 17 lease auction three tracts in the South Park Basin.  This is important for wildlife and to avoid potential harm to water quality.  Two parcels are adjacent to the popular Antero Reservoir, an important fishery. In addition, it was decided to pull from the February 17 auction a tract very close to the Gold Medal waters of the Middle Fork of the South Platte River.   A coalition of South Park residents  and CWF urged withdrawal.

[CWF had issued written comments to the Colorado Wildlife Commission in advance of its joint meeting on February 10 with the State Land Board.  CWF then made verbal comments during the public comment segment of the SLB’s meeting on February 11. ]

The next step is for the SLB staff and DOW staff to work through development of a good process for DOW to learn of parcels SLB determines to offer at future quarterly auctions, and then to confer with SLB staff regarding important wildlife values, to avoid or minimize adverse impacts to Colorado’s important wildlife and habitat.

Earlier — December 3, 2010

 

At the Colorado State Land Board meeting December 3, 2010, CWF made the following comments.  SLB is in the process of revising its oil and gas lease form.  SLB owns 3,988,227 acres of mineral estates and 2,819,035.59 acres of the surface.

 

Text of Colorado Wildlife Federation’s Comments at the State Land Board Meeting

December 3, 2010

Presented by Suzanne O’Neill, Executive Director

Colorado Wildlife Federation is a nonprofit organization.  Our members are a broad mix of sportsmen, other wildlife conservationists, small business that derive revenue from wildlife associated recreation, and some landowners.  Our mission is to educate and advocate for sound wildlife management in Colorado.  We were actively involved in the legislation and lengthy public process that culminated in the Colorado Oil and Gas Conservation Commission (COGCC) amended rules for oil and gas development that addresses minimizing adverse impacts to wildlife.  These rules represent a sound accommodation of the competing interests, a balance.  Everyone continues to work in a constructive manner within the rules.

The State Land Board is fortunate to own extensive acreage as mineral estate, coupled with surface ownership.  The lands that have concentrations of oil or gas also happen to be rich in wildlife habitat.  The Colorado constitution provides that economic productivity must be coupled with sound œstewardship.  The content of the key word, stewardship, sets out protection and enhancement of beauty, natural values, open sapce, and wildlife habitat for our generation and ones to come.  Thus, the constitution imposes a duty to manage the inevitable practical tensions between energy development, on the one hand, and conservation values, on the other.

As you make revisions to the lease, we hope it will incorporate a conservation ethic.  Such an ethic is essential to a stewardly management of the tensions between fostering of economic productivity and protection of wildlife.  As to the proposed lease provision that addresses wildlife, paragraph F. under Additional operating requirements, the obligation to select best management practices is left to the lessee, the oil and gas operator.  In our view, this mechanism might well lead the State Land Board to assume an overpassive role in discharging its duty of stewardship.  As to those properties owned in surface as well as subsurface, the lead in defining best management practices must be taken by the State Land Board rather than by the operators.  The State Land Board must have an active vision of its responsibility to navigate through the tension between development and stewardship.  Of course, there can be negotiations, but they must be informed by such a vision.   The Division of Wildlife and operators have hammered out many best management practices in sensitive wildlife habitat under the COGCC rules. By way of example, more than 325,000 acres of the Piceance Basin are covered in œwildlife migitation plans (focused on minimization of adverse impacts to wildlife) since July 2010.  The expertise is readily available.  Thank you for the opportunity to offer our comments.

On October 13, 2010, the BLM announced in a press release its 2 nomination for the second round of Research, Development and Demonstration (RD&D) oil shale leases in northwest Colorado’s Piceance Basin. The two companies are ExxonMobil Exploration CO. and Natural Soda Holdings, Inc. The two leases are up to 160-acre parcels.   The successful applicants may also identify an additional 480 acres to be reserved for a potential commercial lease.  Each of the two companies would be eligible for a total of 640 acres.    The first round of leasing had made available 5,120 acres in the Piceance Basin.   According to BLM Director

On October 13, 2010, the BLM announced in a press release its 2 nomination for the second round of Research, Development and Demonstration (RD&D) oil shale leases in northwest Colorado’s Piceance Basin. The two companies are ExxonMobil Exploration CO. and Natural Soda Holdings, Inc. The two leases are up to 160-acre parcels.   The successful applicants may also identify an additional 480 acres to be reserved for a potential commercial lease.  Each of the two companies would be eligible for a total of 640 acres.    The first round of leasing had made available 5,120 acres in the Piceance Basin.   According to BLM Director

Five participating groups pose nine questions to Colorado’s Gubernatorial candidates.

For verbatim responses from Tom Tancredo, running on the American Constitution ticket, and John Hickenlooper, the Democratic candidate, please click to see the PDF.

Five participating groups pose nine questions to Colorado’s Gubernatorial candidates.

For verbatim responses from Tom Tancredo, running on the American Constitution ticket, and John Hickenlooper, the Democratic candidate, please click to see the PDF.

Wildlife Habitat Mitigation Plans are a tool created by Colorado’s new oil and gas rules, adopted in December 2008 by the Colorado OIl and Gas Conservation Commission, pursuant to 2007 legislation – House bills 1298 and 1341.

According to the press release issued by the Governor’s office, the agreements were negotiated over the past 18 months.   “By consulting with the Colorado Division of Wildlife on how to prevent or mitigate damage to wildlife habitat before drilling starts, oil and gas operators will be able to secure approvals for thousands of natural gas wells more quickly.  The agreements also provide the energy companies and their project planners with additional certainty. ”

“Last week, the Division of Wildlife and Exxon Mobil Corp. signed the largest wildlife protection plan to date, covering 150,000 acres of mainly federal land in Rio Blanco County.”

“Encana Oil & Gas (USA) Inc., whose North Parachute ranch plan was the first major agreement to be signed, and Williams Production RMT, which has signed two separate agreements for acreage bracketing the Colorado River, are also among the companies to enter into new agreements with the state.”

“Other companies are: Antero Resources Piceance Corp., Marathon OIl Co., Noble Energy Inc., Black Hills Exploration & Production, Delta Petroleum and Gunnison Energy Corp.

Colorado Wildlife Federation applauds such planning by several companies on a parcel  level – rather than addressing wildlife impacts on a permit application basis.  These parcels are in the heart of the Piceance Basin in northwest Colorado – home to some of the best, albeit shrinking wildlife habitat on the planet.   We are hopeful that these agreements translate into minimized adverse wildlife impacts on the ground as wellpads and infrastructure emerge. Time will tell – over the next few years –  how effective the negotiated measures and best management practices are to minimize adverse impacts to wildlife.   Monitoring and assessment are needed to determine on-the-ground results, as commented by CWF at the August 12 monthly meeting of the Colorado Oil and Gas Conservation Commission.   Commissioners discussed monitoring and assessment following CWF’s comments.  It now appears that annual reports will be made at Commission meetings.