The 18 month Colorado Oil and Gas Conservation Commission (COGCC) rulemaking process ended Monday night with the passage of two hotly contested rules aimed at reducing conflict between energy development and local neighborhoods. In the end, the Colorado Association of Home Builders succeeded in ensuring surface owners get a seat at the table. Surface owners will now be invited to participate in the operator and local government consultation process as well as in consultations for exceptions for oil and gas locations that are already set forth, and approved site-specific development plans or other approved applications for developments. The Commission did not approve any exceptions for Surface Use Agreements despite wide support from the oil and gas industry, Farm Bureau, and National Association of Royalty Owners.

The commissioners voted 5-4 to define "large" oil and gas facilities as those with 8 or more wells and 4,000 barrels or more of storage amidst disagreement from all sides. At the end of the process on Monday, a majority of stakeholders were still unhappy with the outcome. From environmental advocates to residents of neighborhoods near drilling sites to local government officials and even some task force members themselves, disappointment with the outcome of the process was widespread. Interests from Adams County and the Grand Valley Citizen Alliance, were concerned this definition wasn't strict enough and proposed instead that sites with 45,000 feet of combined wellbore length should meet the definition. Conversely, industry called for these "large" sites to be defined as new wells with a combined wellbore length of 90,000 feet or a site with at least 2,000 barrels of storage capacity.

Monday's hearing featured largely negative testimony from those that gathered to voice their opinions for a final time. One task force member, Sara Barwinski, came out against the recommendations boldly declaring, "The public deserves to know that this rule is window dressing. It won't protect them when oil and gas comes knocking at their door." And while there were a few voices praising the commission for their hard work, they were largely overshadowed by other testimony including that from Tracee Bently, director of the Colorado Petroleum Council, who said the new rules will increase the amount of time it takes oil and gas projects to procure a hearing with COGCC by 180 days. Similarly, the Colorado Oil & Gas Association was displeased, with President and CEO Dan Haley stating, "We feel the industry brought reasonable solutions to the table that were largely ignored, and the rules still go beyond the recommendations of the task force."

The rulemaking process saw dozens of stakeholder meetings across the state this past summer and the taskforce spent countless hours debating the issue, however few believe the past 18 months of work work will put an end to the conflict between drilling operators and homeowners.