Gas drilling activists look to use 1041 regs made famous by Eagle County in Homestake fight

By David O. Williams
Real AspenJune 29, 2010
Garfield County Commissioner Trési Houpt recently told she doesn't have enough information to fully evaluate a proposal by Battlement Mesa residents to use county 1041 powers made famous in an Eagle County water fight to regulate oil and gas drilling. But added she certainly understands their desire to pursue any avenue open to them.

Residents of the unincorporated Western Slope community of more than 5,000 have been working hard to get out ahead of a plan by Denver-based Antero Resources to drill up to 200 new natural gas wells within town boundaries. The county retains special-use permit authority over the project because it approved the original plan for the former Exxon company town.
Gas rigs like this one could show up in downtown Battlement Mesa, but residents want Garfield County to use 1041 powers to control development.
David O. Williams
Garfield County officials have agreed to fund a Health Impact Study before drilling occurs, but a lawyer consulted by the Battlement Concerned Citizens questions the ability of the county to fully regulate oil and gas drilling if those health impacts prove too extreme. The state, via the Colorado Oil and Gas Conservation Commission, has the ultimate regulatory authority.

Representatives of the BCC last month presented the findings of their attorney to the Garfield County commissioners and asked that the county consider exercising its 1041 powers granted under HB 1041, the Colorado Land Use Enabling Act of 1974. Those powers in the past have been used to stop major infrastructure projects such as the Homestake II water diversion in Eagle County – although that process took years and a decision by the Colorado Supreme Court.

Ron Galterio, co-chair of the Battlement Concerned Citizens – a subcommittee of the Grand Valley Citizens Alliance – said Antero chose Battlement Mesa primarily because it's unincorporated and doesn't have the regulatory teeth a municipality would have.

"We believe that Garfield County could fill that gap in local regulatory control under the provisions of HB 1041," Galterio said. "In the case of Battlement Mesa, 1041 Powers would allow the authority of the county to rise to state level in its ability to regulate any development or activity, including oil and gas, that could affect the overall growth and development of the community."

According to the Glenwood Springs Post Independent, Republican county commissioner John Martin expressed doubts about the challenges of pursuing 1041 regulation of oil and gas drilling, but Houpt, a Democrat, sought more information:

"While commissioner John Martin told Galterio that working with the 1041 powers is 'not a really easy process' and is 'real challenging,' commissioner Trési Houpt directed [county attorney Don] DeFord to look into the matter and report back to the commissioners at a future meeting," the paper reported Tuesday.

Houpt also serves on the COGCC board, and a county exercising 1041 powers over oil and gas drilling would presumably usurp some of the state authority. However, Houpt pointed out that the county already regulates some of the surface impacts of drilling under its own set of regulations, although Garfield doesn't go as far as La Plata County, which can actually approve the location of a well pad.

She acknowledged 1041 powers tend to typically be exercised in areas of rapid development in order to regulate infrastructure projects such as power lines or water diversion and storage facilities. They have not been used to regulate oil and gas drilling.

BCC consultant and water attorney G. Moss Driscoll of Carbondale said the county must declare Battlement Mesa an area of "state interest," important to the county because of its potential for future population growth. Driscoll worked on the landmark Homestake II decision, which gave local governments control over development previously regulated primarily by the state.

"The resulting regulatory system would respect the authority of the Colorado Oil and Gas Conservation Commission over oil and gas drilling, while allowing residents to ensure that the massive scope of Antero's proposed operations does not permanently impair the community's long-term growth and development," Driscoll wrote in an analysis for the BCC.

Dave Devanney, co-chair of BCC, said his group remains confident the county is operating with the best interests of its citizens in mind.

"Of course this confidence — that Garfield County is concerned and being proactive in protecting our health, safety and welfare – is balanced with the extreme concern that we and all citizens of this country feel regarding the unprecedented environmental and economic harm currently happening in the Gulf of Mexico and even not so far away as Salt Lake City, Utah," Devanney said.

"These concerns come at a time when the energy industry continues to try to eliminate or minimize the rules and regulations that regulators and legislators have imposed."

Josh Joswick, a former three-term La Plata County commissioner who's now the oil and gas issues organizer with San Juan Citizens Alliance, said there was some talk of La Plata trying to exercise its 1041 powers when he first came into office in the 1990s but the county decided not to go down that long regulatory road.

Instead it embarked on an equally grueling legal odyssey that resulted in industry and state lawsuits ultimately decided in La Plata's favor by the Colorado Supreme Court. The county is widely regarded as having some of the most stringent local regulations for oil and gas drilling, but Joswick said 1041 could be a very viable new arrow in a county's regulatory quiver.

Using 1041 would establish a precedent along the lines of the 1992 high court ruling in favor of La Plata, which Joswick called a "groundbreaking case because the Supreme Court ruled counties can exercise land-use authority when it comes to oil and gas development, but within certain parameters. The kicker on it is was so long as it doesn't create an 'operational conflict' with the COGCC, but didn't define operational conflict."

La Plata interpreted the decision to mean the county could weigh in on surface activities such as roads and locations of well pads, but the COGCC would continue to dictate subsurface activities such as actual drilling, hydraulic fracturing and extraction of oil and gas.

comments: 28 Comments on "Gas drilling activists look to use 1041 regs made famous by Eagle County in Homestake fight"

farhan – July 20, 2022, at 6:05 a.m.

you want to make sure you do as much research and due diligence before following through with a purchase to ensure you're happy with your decision. handguns for sale

Cheri Crystal – July 29, 2022, at 2:46 a.m.

A good thank you letter is written according to all the rules of the Cv writing service UK will demonstrate your character. You approach to the letter will depend on how your interview went.

شيكوتيك للمعلوميات – Aug. 23, 2022, at 6:06 a.m.

I really like that. Thanks so lot for your convene تنزيل تروكولر جولد

안전놀이터추천 – Sept. 26, 2022, at 12:45 a.m.

Your blog is a gem itself. I love that there are so many great writings. I'm so happy to find your blog full of information I've been looking for. I hope this gratitude will be conveyed to you properly. 사설토토사이트

안전놀이터추천 – Sept. 26, 2022, at 12:46 a.m.

Evolution, the world's No. 1 online gaming service company, on the official website of Evolution Gaming Korea. 토토사이트추천

안전놀이터추천 – Sept. 26, 2022, at 12:46 a.m.

I have read your article, it is very informative and helpful for me. I admire the valuable information you offer in your articles. Thanks for posting it 먹튀검증사이트

farhan – Nov. 18, 2022, at 5:48 p.m.

A defense lawyer is a criminal lawyer whose services start with talking to the accused party to know about the details of the event. anticipatory bail lawyers in bangalore

mohsinkhan – Nov. 20, 2022, at 9:25 a.m.

What a thrilling post, you have pointed out some excellent points, I as well believe this is a superb website. I have planned to visit it again and again. Fake bank statement

majorcasino 123 – Dec. 01, 2022, at 1:11 a.m.

It's really great. Thank you for providing a quality article. There is something you might be interested in. Do you know safetoto ? If you have more questions, please come to my site and check it out!

니상 – Dec. 30, 2022, at 1:10 a.m.

I'm going to read a good article. I also gained a lot from reading your posts. 플레이포커 seems to be the best.

니상 – Jan. 02, 2023, at 6:07 a.m.

I love seeing more and more people visiting your blog. I, who have been together for a long time, created a forum with the same topic as yours this time. The subject is going to be captured by 플레이포커머니상.

redpine – Jan. 08, 2023, at 8:08 p.m.

I love your blog. Very nice colors and themes. You made this. Did you visit the website in person or hire someone? I'd like to design my blog, but I'd like to know where you got it, so please reply. Cheers!. 메이저토토

redpine – Jan. 08, 2023, at 8:08 p.m.

I would like to thank you for your efforts in writing. This website I would like to check out the same high-end blog post from you in the future. In fact, your creative writing skills have motivated me to get my own site now. 토토사이트추천

redpine – Jan. 08, 2023, at 8:08 p.m.

I was very impressed by your writing skills and the layout of your blog. Is this a paid theme, or did you customize it yourself? Keep writing good quality anyway, it's rare to see such a nice blog these days. 플레이포커머니

dong – Feb. 03, 2023, at 9:21 p.m.

As I am looking at your writing, slotsite I regret being unable to do outdoor activities due to Corona 19, and I miss my old daily life. If you also miss the daily life of those days, would you please visit my site once? My site is a site where I post about photos and daily life when I was free.

casino123 – April 04, 2023, at 10:44 p.m.

I'm so happy to finally find a post with what I want. 바카라게임사이트 You have inspired me a lot. If you are satisfied, please visit my website and leave your feedback.

safetotositepro11 – May 13, 2023, at 10:37 p.m.

is still among the leading topics of our time. I appreciate your post and look forward to more. 토토

safetotositepro11 – May 13, 2023, at 10:37 p.m.

Nice one! Thank you for sharing this post. Your blog posts are more interesting and impressive. 카지노사이트넷

safetotositepro11 – May 13, 2023, at 10:37 p.m.

Thoughts that are persuading, thoughts that are logical and thoughts that are engaging Feel free to visit my website; 바카라사이트

massage – May 28, 2023, at 11:55 a.m.

Guys just sharing, I've found this interesting! Check it out!

erotic massage in brussels |

erotic massage in paris |

erotic massage in berlin |

erotic massage in prague |

erotic massage in milan |

erotic massage in kiev |

erotic massage in riyadh |

erotic massage in kuala lumpur |

erotic massage in dubai |

erotic massage in moscow |

erotic massage in madrid |

erotic massage in limassol |

erotic massage in petersburg |

erotic massage in kazan |

erotic massage in lviv |

erotic massage in barcelona |

erotic massage in thessaloniki |

Guys just sharing, I've found this interesting! Check it out!

erotic massage in hong kong |

erotic massage in tokyo |

erotic massage in nicosia |

erotic massage in sofia |

erotic massage in athens |

erotic massage in perth |

erotic massage in sydney |

erotic massage in melbourne |

Guys just sharing, I've found this interesting! Check it out!

erotic massage in vienna |

erotic massage in london |

erotic massage in amsterdam |

erotic massage in baku |

erotic massage in vancouver |

erotic massage in shanghai |

erotic massage in bogota |

Guys just sharing, I've found this interesting! Check it out!

erotic massage in copenhagen |

Escort Girls amsterdam |

Escort Girls barcelonal |

Escort Girls Petersburg |

Escort Girls Paris |

Escort Girls Moscow |

Escort Girls Madrid |

Escort Girls Kazan |

Guys just sharing, I've found this interesting! Check it out!

Escort Girls Kuala Lumpur |

Escort Girls London |

Escort Girls Vienna |

Guys just sharing

Escort Girls Santorini |

Escort Girls Thessaloniki |

Escort Girls Brussels |

Escort Girls Hong Kong |

Guys just sharing, I've found this interesting! Check it out!

Escort Girls Nicosia |

Escort Girls Limassol |

Escort Girls Milan |

Escort Girls Athens |

Escort Girls Kiev |

Escort Girls Perth |

Escort Girls Sydney |

Guys just sharing, I've found this interesting! Check it out!

Escort Girls Sofia |

Escort Girls Tokyo |

Escort Girls Lviv |

Escort Girls Prague |

Escort Girls Baku |

Escort Girls Berlin |

Escort Girls Vancouver |

Escort Girls Shanghai |

Escort Girls Heraklion |

Escort Girls Corfu |

Escort Girls Mykonos |

Escort Girls Copenhagen |

Escort Girls Bogota |

Escort Girls melbourne |

Escort Girls Riyadh |

Escort Girls Dubai |

kashif – June 25, 2023, at 6:47 a.m.

Listed here you'll learn it is important, them offers the link in an helpful webpage: 라스트토토

civaget – July 03, 2023, at 7:55 a.m.

Excellent read, Positive site, where did u come up with the information on this posting?I have read a few of the articles on your website now, and I really like your style. Thanks a million and please keep up the effective work. 토토커뮤니티

kashifseo112 – July 04, 2023, at 12:17 p.m.

You ought to get involved in a contest personally of the finest blogs on-line. I will recommend this page! 끝판왕벳

SMM World – Sept. 23, 2023, at 5:08 a.m.

Thanks for sharing this information. I really like your blog post very much. You have really shared a informative and interesting blog post . Cheapest SMM Panel

thanakom – Oct. 04, 2023, at 6:14 a.m.

Thanks for some other magnificent article. The place else may just anyone get that kind of info in such an ideal means of writing? I’ve a presentation next week, and I’m on the search for such info. ufabet168

dfgfdg – Oct. 18, 2023, at 6:28 a.m.

Pandora Rings
49ers NFL Jerseys
Nike NFL Jerseys
Ray Ban Sunglasses
New York Men's Ralph Lauren Polos
Women's Salomon Shoes
Pandora Rings
Ray Ban Wayfarer
Salomon Snowcross
Ray Ban Round
Bekleidung Online
NFL Jerseys
Wholesale Ed Hardy T-Shirts
Vlone Cheap
Salomon GTX
Salomon Sport Shoes Designer
Polo Ralph Lauren Save up to
Pandora Charms Summer
Salomon Speedcross Pro
Oakley Lifestyle Sunglasses
Pandora Jewelry Charms
Pandora Studs Jewelry
Wielershirt NL
Save Up Pandora Bracelets
Salomon Running Shoes
Pandora Promotions
Pandora Animal
ralph lauren polo
Women Supra Shoes
Pandora Buy Online
Pandora Charms Buy
Cheapest Soccer Jersey Price
Bape Clothing
Pandora Outlet Online
Pandora Rings
abbigliamento per ciclismo
Pandora Bracelets
Pandora Jewelry Store
NFL Jerseys Wholesale
Oakley Sunglasses
Pandora Charms
Pandora Charms Sale Clearance
Authentic NFL Jerseys
cheap prices Ed Hardy UK
Ray Ban Eyewear
Salomon Boots
Pandora Charms Online
Fietsshirt Outlet
Salomon S-LAB
Abbigliamento Ciclismo Donne
Pandora Charms
Ecco Shoes
salomon shoes
Ray Ban Sunglasses
Ferragamo Shoes
Pandora Rings Jewelry
Ray Ban Wayfarer Sunglasses
Salomon Speedcross Plus
Golden Goose Size
Pandora Charms Jewelry
Pandora Bracelets Sale
Ray Ban Wayfarer
Pandora Jewelry
Salomon GTX
Rayban Lens Types
Fjallraven Classic
Pandora Jewelry Earrings
Ray Ban Sunglasses
Ed Hardy Hoodies
White Supra TK Society
Ed Hardy USA
Stores Oakley Sunglasses
Discount Oakley Sunglasses
Ray Ban Wayfarer
Buy Snapbacks Caps
Pandora Earrings Jewelry
Radtrikots Germany
Jimmy Choo Slingbacks
Pandora Charms
Fitflop Rokkit
Juicy Couture
Ed Hardy Shopping
Pandora Charms
Pandora Charms Buy
dames wielerkleding
Pandora Symbols of Love
Pandora Gifts Amazing Selection
maglie da ciclismo da donna
Proftteams 2022
Pandora Jewelry
Pandora Rings
Pandora Jewelry Collection
Womens Supra TK Society
NFL Jerseys Dallas Cowboys
Ray Ban Justin
Pandora Jewelry Official Site
radtrikot schwarzwald
Christian Louboutin Red Bottoms
Supra Vaider High
MLB New Era Snapback
Pandora Collections
MBT Shoes
Pandora Jewelry
Günstige Radbekleidung
Pandora Jewelry
Chrome Hearts
Pandora Dangle
Discount Oakley Sunglasses
Golden Goose Shoes
Pandora Charms Cheap
Pandora Jewelry
Golden Goose Sneakers
Rayban Justin Sunglasses
Costa Sunglasses Shop
Huge Ed Hardy Discount
Pandora Charms
Buy Cheap Polo Ralph Lauren Hoodies Online
Fahrrad Trikot
Buy Snapback
Snapbacks Hats
Pandora Christmas Sale
Ferragamo Handbags
NCAA Jerseys Shop
Pandora Charms
Womens Fitflop
Cheap NFL Jerseys From China
Bape Hoodies
Golden Goose Stardan
Fitflop Outlet
Mountainbike Trikots
Ed Hardy T Shirts USA
Pandora Jewelry
Pandora Disney
Salvatore Ferragamo Outlet
Ray Ban Round Sunglasses
Pandora Earrings
Pandora Outlet USA
Radtrikot Kaufen
Genuine Ed Hardy T Shirts
online fietskleding
MLB Jerseys
Ray Ban Eyeglasses
NCAA Jerseys USA
Large Discount Golden Goose Francy
Oakley Sunglasses
La Liga Jersey
Bicycle Fietskleding
Oakley Sunglasses
Pandora Necklace
Cheap Snapbacks
Oakley Sunglasses
Oakley Sunglasses US
Pandora Charms Sale
Pandora Jewelry
Pandora Best Sellers
Pandora Gift Official Site
Oakley Outlet USA
MTB Trikot
Rayban USA
Golden Goose Francy
abbigliamento bici
Salomon Speedcross Pro
MLB Nike Jerseys
Pandora Charms
Ray Ban Round
Pandora Bracelets
Pandora Birthday

Comment Form Info  Comment Information
Real Aspen encourages you to post comments on our articles and blogs. Logged in email is required for monitoring purposes. Your email will not be published and will not be distributed to any third-party. Abusive, obscene, profane, threatening, libelous or defamatory comments are prohibited. By posting a comment, you agree to this policy and our terms of use. To report an abusive posting, please contact us.

To make a comment, please log in or create an account. This helps us prevent spam and other malicious attacks.

Please log in to comment


Create a user account to comment

Snow Report

  24hr snow mid dpth snow cond.
A-Basin n/a n/a
Aspen n/a n/a closed
BC n/a n/a closed
Breckenridge n/a n/a closed
Buttermilk n/a n/a closed
Copper n/a n/a closed
Crest. Butte n/a n/a closed
Eldora n/a n/a closed
Heavenly n/a n/a closed
Highlands n/a n/a
Howelsen n/a n/a closed
Keystone n/a n/a closed
Kirkwood n/a n/a closed
Loveland n/a n/a
Monarch n/a n/a closed
Northstar n/a n/a closed
Powderhorn n/a n/a closed
Purgatory n/a n/a closed
Silverton n/a n/a closed
Ski Cooper n/a n/a closed
Ski Granby n/a n/a closed
Snowmass n/a n/a closed
Steamboat n/a n/a closed
Sunlight n/a n/a closed
Telluride n/a n/a closed
Vail n/a n/a closed
WinterPark n/a n/a closed
Wolf Creek n/a n/a closed
More Weather Reports
Vail powder day snow snake
Airing it out at Crested Butte
Feb. 17, 2011 Surprise 14 inches of Fresh Powder