Tuesday, February 7, 2012

Gardner Well Adjudication Workshop - Feb 11

CHC is sponsoring a workshop Saturday, February 11, 2012 at the Gardner Community Center on well adjudication. We would like all Huerfanos who have water wells to come to this workshop to learn the pros and cons of well adjudication. We will also go over how to fill out the adjudication application form.
Here are the main points:
1.  You may have a well permit, a well completion report, and/or a well construction and test report -- but if you do not get your well adjudicated, you have NO LEGAL STANDING in Water Court .  This gives you a stronger standing to: (A) protest changes of use by other water rights owners that would affect your well or (B) protest new adjudications and changes in ownership of existing water rights holders, (C) protest reductions in your water quantity that you believe may be caused by the actions of other water rights owners.
2.  An exempt well permit is issued by the State Engineer; a well adjudication is issued by Water Court Decree.  Per the Division 2 Water Clerk in Pueblo, exempt wells will remain exempt from administration even after a decree has been issued.
3.  Adjudication DOES NOT require augmentation! As long as your well pump is stated at or below 15 gallons per minute (gpm) you do Not have to file an augmentation plan. 
4.  It easy to file an adjudication form and right now application fees are temporarily reduced from $250 to $182. The completed forms can be taken to Pueblo’s Division 2 Water Court (Pueblo Co. Judicial Building, 320 West 10th Street, Pueblo CO 81003,Phone: 719-583-7048) to get the paper work stamped.
Adjudication application forms will be available at the Feb. 11 workshop at the Gardner Community Center.
Bring to the workshop –
a. Your well permit,
b. well completion report and/or
c. well construction and test report.
If you do not have these, you will need to go online and find your well on the USGS hydrologic survey map and/or DWR well register site http://www.dwr.state.co.us/WellPermitSearch/default.aspx and http://water.usgs.gov/maps.html).

WHERE: Gardner Community Center
WHEN: February 11, 2012, 10:00 am to 12:00 pm
EMAIL:   citizensforhuerfanocounty@gmail.com for more information.

Sunday, January 29, 2012

Well Adjudication Workshop

CHC is sponsoring a workshop on well adjudication Saturday February 4, 2012 from 10:00am to noon at the La Veta Community Center -- and again Saturday February 11, 2012 from 10:00am to noon at the Gardner Community Center. We would like all Huerfanos who have water wells to come to this workshop to learn why and how to complete a well adjudication form. Here are the main points:

1.     You may have a well permit, a well completion report, and/or a well construction and test report -- but if you do not get your well adjudicated, you have NO LEGAL STANDING in Water Court to (A) protest changes of use by other water rights owners that would affect your well or (B) protest new adjudications and changes in ownership of existing water rights holders, (C) protest reductions in your water quantity that you believe may be caused by the actions of other water rights owners.

2.     Adjudication DOES NOT require augmentation! As long as your well pump is stated at or below 15 gallons per minute (gpm) you do Not have to file an augmentation plan. 

3.     It easy to file an adjudication form and right now application fees are temporarily reduced from $250 to $182. The completed forms can be taken to Pueblo’s Division 2 Water Court (Pueblo Co. Judicial Building, 320 West 10th Street, Pueblo CO 81003,Phone: 719-583-7048) to get the paper work stamped.

4.     Adjudication application forms will be available at the Feb. 4 workshop at the La Veta Community Center.

Bring to the workshop –
a.     Your well permit,
b.    well completion report and/or
c.     well construction and test report.

If you do not have these, you will need to go online and find your well on the USGS hydrologic survey map and/or DWR well register site  http://www.dwr.state.co.us/WellPermitSearch/default.aspx and http://water.usgs.gov/maps.html).

WHERE:               La Veta Community Center
WHEN:                 February 4, 2012 ,  10:00 am to 12:00 pm.
EMAIL:                 citizensforhuerfanocounty@gmail.com for more info
SEVEN SAFEGUARDS

1. NO PIT!      
Why poison our air and groundwater by putting frack fluids in open pits, when industry-standard, closed-loop, pit-less drilling systems can be used instead?

2. NO FLARE!
Why burn off gas and other contaminants in the open air, when these can be captured and  filtered?

3. CLEAN  WATER!    4. CLEAN AIR! 
Who is responsible for thorough baseline testing and ongoing monitoring of our precious water and air?

5. MONEY  UP  FRONT
Why isn’t a big bond or escrow account required to compensate us if our health, safety and environment are harmed?

6. GREEN CHEMICALS TOO,
Shouldn’t non-toxic frack chemicals simply be a requirement?

7. SNIFFER AND  SEISMIC –
After our Petroglyph experience, don’t we need adequate sniffer and seismic studies before any new drilling?

OR  NO  DRILLING  FOR  YOU!

Citizens for Huerfano County is working to protect our health and safety from the impacts of oil and gas development. Join us, help us and learn more at
www.huerfaNOfrack.com

Thursday, November 17, 2011

Huerfano County Oil and Gas Regs Not Enough

Walsenburg, CO – The Huerfano County Board of County Commissioners (BOCC) voted unanimously yesterday to adopt oil and gas regulations following a boisterous public hearing in which dozens of residents expressed concerns that the regulations don't go far enough to protect the citizenry from the harmful effects of natural gas drilling and hydraulic fracturing.

“These regulations may have been the best in Colorado in 1997, but are they adequate in 2011 to protect citizens from fracking in a high risk geological environment for drilling like Huerfano County?” asked Sandy Borthick, a member of Citizens for Huerfano County (CHC), a 400 member strong group that recently formed to watchdog new oil and gas activities in the County.

Huerfano County initially adopted the regulations in 2009 after Coal Bed Methane (CBM) drilling caused widespread problems  including explosions, contaminated drinking wells, water depletions and decimation of a local dairy farm. 

At the time the commissioners titled the regulations to only apply to CBM.  According to County Planner Steve Channel, the BOCC didn’t want to apply the regulations to “deeper drilling that had been operating for years in the county without incident.”  Those drilling operations included several natural gas wells and a large CO2 gas well complex. 


Commissioner Roger Cain said the County "can't afford a lawsuit so we have to use regulations, like La Plata County's, which have already been proven in court", but the BOCC has already used county funds to join a lawsuit on the side of defendants Shell and the COGCC against plaintiffs CHC.

With a new wave of oil and gas development gathering, citizens concern is mounting.   Since 2009 almost 40,000 acres of BLM mineral rights have been leased for oil and gas development in the County.  

Earlier this year, the County granted a conditional use permit to Shell Western Exploration and Production, Inc. (SWEPI), a unit of Royal Dutch Shell, to drill a 14,500-foot-deep, hydraulically-fracked, multi-zone exploratory well near the town of La Veta despite widespread objections and calls for a moratorium on drilling.


 On Oct 11th, the County Planning and Zoning commission passed a motion to "recommend that the existing Oil and Gas Regulations be reviewed, additional questions (for example: performance bonding) or other applicable issues be investigated and the regulations be amended at a later time, if applicable."  When CHC President Keli Kringel reminded all present at the hearing of that, Commissioner Scott King stated, "for the record, no decision has been made about that."

Ranchers, biologists, health professionals and others voiced concerns about road and water impacts, wildlife, health impacts of unregulated toxic emissions and the need to protect the areas tourism and recreational values, but La Veta resident Ken Saydak spoke for many when he said, “We don't want our communities to become another industrial sacrifice zone.”

Friday, October 28, 2011

Coal Bed Methane vs Deep Shale Gas/Oil: Is Deeper Safer?

Shell says deep drilling – as far as 14,500 feet below the surface is much safer than coal bed methane (CBM).  Citizens for Huerfano County reviews the scientific and empirical evidence below that suggests deeper is NOT safer.

In 1998 Petroglyph Energy, Inc. began developing the CBM Little Creek Field near the River Ridge Ranch subdivision between Walsenburg and La Veta, eventually completing more than 50 wells.  Wells depths ranged from  1,300 to 3,900 feet deep.  Fewer than 10 non-CBM wells have also been drilled by Manzano, LLC since that time.

Shawn Fiorentino inspects his mother's well after a methane explosion
CBM disaster 

Contrary to the industry’s repeated promise of jobs and prosperity, CBM ushered in an era that, in 2008, Rep. John Salazar described as “appalling and dire.”

The disastrous details are all too familiar to the residents of River Ridge Ranch and other rural Coloradans who live with oil and gas development. According to the Colorado Oil & Gas Conservation Commission (COGCC) records, the state agency responsible for regulating the oil and gas industry:
  • Petroglyph produced huge amounts of water but very little gas, drawing local water tables down more than 2,000 acre feet per year (Colorado Geological Survey, 2007). 
Broad industry exemptions to the Safe Drinking Water Act, Clean Water Act, Clean Air Act, Superfund Act and other laws, have allowed the release of untold amounts of contaminated CBM production waste into regional air and water sheds.

In 2007, the Colorado Oil and Gas Commission issued a rare Cease and Desist Order to Petroglyph until it could operate "in a manner that protects [the] public health and safety".  Earlier this year, Petroglyph announced it was pulling out of Huerfano County, leaving the problems outlined above and a mountain of unresolved questions about the long-term health, water resource and environmental effects of CBM extraction, in its wake.

Enter Royal Dutch Shell 

Just as Petroglyph is plugging wells and preparing to leave, Shell Western Exploration and Production, Inc., (SWEPI), a division of Royal Dutch Shell, the world’s second largest petroleum company, began leasing  mineral rights and conducting seismic testing in Huerfano County.

In Spring 2011, Shell proposed a 14,500-foot deep exploratory well near the town of La Veta.  If an economically feasible discovery is made, this could usher in a new wave of oil and gas development in Huerfano.

Shell insists it will avoid the problems of CBM by drilling thousands of feet below ground and drinking water sources.

Is deeper safer? Or could Shell’s 14,500-foot deep natural gas drilling result in the same kinds of problems (or worse) as Petroglyph’s 2,000-foot deep CBM wells? 

A clue to the movement of methane gas (and other frack-related substances) into the water wells in River Ridge Ranch lies in the areas unique and complex geology. Dramatic 100-foot tall radial dikes extend broadly from the base of Spanish Peaks down into the valley to the east. Both the dikes and the Spanish Peaks were formed when hot magma pushed up through the layers of sedimentary rock that contain oil and gas shales and water.

The result, according to hydrologist Thad McLaughlin, an expert on Huerfano County ground water, is "shale that normally has little or no permeability may be highly permeable where it lies adjacent to the intrusive rocks [i.e. dikes]”.

Thus, the dikes create conduits between geological zones, otherwise assumed to be isolated (Fig. 4 below illustrates how dikes cross through different strata).

Worrall, 2004. Figure 4. Cross-section of Oakdale field, depicting a felsite intrusive body along a shallow thrust (pg. 6).
How deep the dikes go is unknown, but because they are derived from magma, they are certain to extend several miles down. In 2009,  Spoon Valley Energy lost control of the drill-head when it struck an intrusive dike 6,200 feet below the surface while drilling for gas near La Veta.

"Leaky dikes" (McLaughlin, 1966, Barkman, 2004), previously undetected faults (USGS, 2001) and sand channels (Denney, 2007), are three types of conduits that could allow contaminants and fracking fluids to migrate in unexpected ways.  Without a better scientific understanding of the risks of drilling and fracking in Huerfano's complex geological environment, Shell's claim that "deeper is safer" is unfounded.

The potential for oil and gas drilling to dislodge and release naturally occurring, but highly toxic substances like hydrogen sulfide (known seeps occur on Middle Creek Road, Indian Creek and Sulphur Springs Road west of La Veta) and radioactive vanadium and uranium (there are 11 known radioactive occurrences in Huerfano County, Minedat.com) is also troubling, especially since the EPA and COGCC don't require monitoring of radioactive substances in flow back or production fluids.

Many impacts from oil and gas activities occur on the surface, irrespective of the depth of the well. Deep drilling and fracking require enormous water and chemical inputs that must be trucked over rural back roads increasing the danger of surface spills and accidents. A 2008 ProPublica investigation found more than 1,000 documented cases of contamination in the US, including cases in Huerfano County.

Pollution from flowback and open production water pits leak and are subject to flooding. Even worse, they release harmful chemicals into the air we breathe. 

On top of all this, fracking uses an average of 5.3 million gallons of water per well.  What impact will a new gas and oil play have on Huerfano's already stretched water resources?   This important question will be the subject of a future post.

Researched and written by Ceal Smith, Terra Consulting (ceal @ theriver dot com)

Thursday, October 13, 2011

This Saturday: Occupy Alamosa & "Talk Straight to Adams State"


Two events in Alamosa this Saturday, Oct 15th could mark a change in the usual quiet tenor of small-town southern Colorado!  

Starting at 10 am, join the solidarity march for the occupy wall street protests! Meet at Cole Park in Alamosa at 10am, and march to campus from there. Bring your signs, chants, and enthusiasm! Everyone is welcome to come! The more the better! To find out more about the occupy wall street movement, see http://www.adbusters.org/campaigns/occupywallstreet. (posted by Emmo Lütringer on Facebook)

Then at 1 pm, join in on a community discussion hosted by ASC Community Partnerships: "Talk Straight to Adams State" - “Oil and Gas Drilling: A Winning Proposition or A Risk We Can’t Afford to Take?” Key note speakers include Lance Astrella, Travis Yee, and Gilbert Armenta will start at 1pm with a panel discussion following, allowing for audience interaction.

Mr. Astrella concentrates his practice in the area of energy and environmental matters. He was named as one of Colorado’s “Super Lawyers”.

Mr. Yee graduated from Colorado School of Mines with a bachelor’s in economics and a masters in international political economy of natural resources. Mr. Yee is employed by Colorado's Oil & Gas Association.

Armenta, a fifth generation Hispanic and Native American (Cochiti) rancher, has lived with the industry in his backyard for more than half a century in Bloomfield, New Mexico.

The free and open to the public, event will include music by Wildwood Sounds. Key note speakers will join other panel members, from a variety of perspectives, including Christine Canaly, San Luis Valley Ecosystem Council director; Gopa Ross, La Veta property owner, and Sierra Club director; Dr. Ed Lyell, Adams State professor of finance and economics.

For more information contact ASC Community Partnerships at: (719) 587-8209.

Monday, October 3, 2011

Citizens for Huerfano County in the news

Shell’s natural gas play in Colorado raises issues of local versus state input, control

Citizen advocates in Huerfano County fuming over state permit
By David O. Williams | 10.03.11 | 11:23 am
For decades, Royal Dutch Shell – Europe’s largest energy company – has been known in Colorado as the king of oil shale research, spending an estimated $200 million on an experimental and controversial extraction process that has yet to be proven commercially viable.

But Shell and its American subsidiaries have increasingly been moving into natural gas drilling in the United States, including a well permit pulled in southern Colorado that has touched off a firestorm of debate over state versus local control of drilling operations and just how much public input should be allowed.

The company also acquired natural gas leases in northwestern Colorado when it purchased Pennsylvania-based East Resources for $4.7 billion last year – a move Shell CEO Peter Voser said fit with company plans to “grow and upgrade” its shale gas holdings in North America. Because while oil shale remains years if not decades away from viability, shale gas is quite lucrative right now.

“We do have additional leasehold in northwest Colorado – Moffat and Routt counties, specifically,” Shell’s Kelly op de Weegh told the Colorado Independent. “We’re still in an early phase of development and have not yet begun drilling operations. We are currently upgrading the existing field facilities to Shell’s stringent safety and operational standards.”

Those standards are precisely what citizen advocates in Colorado’s Huerfano County (CHC) are concerned about. A group called Citizens for Huerfano County filed a lawsuit in July seeking to vacate a state permit issued to Shell Western Exploration and Production to drill and hydraulically fracture a natural gas well in the area.
The group argues both the county commissioners and the state did not properly inform them of the Colorado Oil and Gas Conservation Commission (COGCC) permit or allow public input.

“CHC members are infuriated that neither the COGCC nor the county commissioners think they have any obligation to inform the public or to allow them any meaningful role in the permitting process — even though it is the residents of Huerfano County who will be dealing with well impacts,” CHC attorney Julie Kreutzer said in a press release.
Read the full story here.