On May 14, 2007, the
Colorado Water Quality Control Commission declined to change the regulation
requiring stormwater controls on oil and gas sites in Colorado, thereby
ensuring continued protection of Colorado’s rivers and streams from pollution
from the burgeoning energy exploration industry.
The regulation was
passed in January 2006, after a coalition of local governments, water
conservancy districts, soil conservation districts, General Assembly members,
and environmental groups asked the Commission to continue to regulate storm
water discharges from oil and gas construction sites in Colorado in spite of an exemption
given to the industry by the Bush administration in 2005. After hearing
compelling evidence presented by the coalition, the Commission voted 9-0 in
favor of retention of the Colorado program.
As part of its decision,
the Commission asked the Water Quality Control Division to explore options for
waivers for any activities that presented a low risk of adverse water quality
impacts and examine opportunities for coordination between the regulation and
regulations of the Colorado Oil and Gas Conservation Commission, and come back
and make recommendations to the Commission in May 2007.
The oil and gas industry
used this opportunity to request substantial waivers and exemptions from the
regulation, which, if granted, would have gutted the regulation. The coalition,
including Environment Colorado, reformed and fought the industry’s efforts,
submitting technical information to the Division showing that the requests were
based on neither sound science nor sound policy and building support statewide
for keeping the regulation unchanged.
Based on the evidence
provided to it by the coalition, the Division recommended to the Commission
that, in order to protect Colorado’s waters, the
regulation should not be changed. Soon
after the Division’s recommendation was submitted to the Commission, the oil
and gas industry withdrew all of its requests.
On May 14, 2007, the
Commission followed this recommendation and upheld its 2006 rule, ensuring that
protection of Colorado’s waters would remain
in effect as is, at least until the next regular hearing in 2012. Clean Water Advocate Stephanie Thomas called
this a huge victory for Colorado’s water, in the face of
the state’s exploding energy development industry. “Our members can rest easier knowing these
protections will stay in place to protect our waters as the rush to develop our
oil and gas resources continues over the next five years,” she said.
