In response to two laws passed by the Colorado state legislature in 2007, the Colorado Oil & Gas Conservation Commission (COGCC) tentatively approved rules aimed at reducing the impacts of energy development on fish and wildlife. House Bills 1298 and 1341 charged the Commission with balancing drilling with wildlife and public health and safety and to include the state Division of Wildlife and Department of Public Health and Environment in its planning.

The COGCC has adopted nearly 90 new rules or changes to existing rules in the past three months setting a model for other states to consider when planning energy development. The wildlife rules, which are the first of their kind in the West, received provisional approval by an 8-1 vote on September 24 after two days of deliberations.

"Of all of the rules the COGCC has acted on so far, the wildlife rules have been the subject of greatest discussion among stakeholders and Commissioners alike," said David Neslin, COGCC Acting Director. "I think everyone agrees that provisions to protect wildlife must be workable for industry while providing necessary protections for wildlife and wildlife habitat."

The wildlife rules focus on key species such as mule deer, elk, pronghorn antelope, lesser prairie chickens and sage grouse as well as including provisions to identify and protect specific habitat areas. Key provisions deal with requiring consultation with state wildlife officials before drilling in sensitive wildlife habitat; after the consultation the COGCC would attach conditions of approval to minimize the potential adverse impacts on wildlife. The COGCC is expecting to develop a list of best management practices for this purpose through a collaborative stakeholder process in 2009.

In addition, the Commission adopted rules in "restricted surface occupancy" (RSO) areas to limit drilling to the "maximum extent technically and economically feasible." Specific RSO areas include sage grouse and bighorn sheep breeding areas, bald eagle nesting areas and within 300 feet of Colorado cutthroat trout habitat or gold medal streams. Companies would be required to limit construction, drilling and laying of pipeline in these areas, but could avoid RSO restrictions if they 1) demonstrate wildlife is not present in the targeted drilling area, 2) gain an exemption from the Division of Wildlife, 3) develop a comprehensive drilling plan for the area, or 4) show that it is not technically or economically feasible to comply with the rule. Industry had opposed many of the draft rules, in particular the RSO rule and a 90-day drilling restriction that had been in earlier drafts.

"We heard and understood industry's concerns about the timing limitations on drilling. The process initially approved by the Commission? will ensure that any conditions of approval are narrowly tailored to the site, appropriately protective of wildlife habitat, and acceptable to the surface owner," stated Neslin.

Conservation and environmental organizations tentatively supported the rules noting they were a necessary first step to establish a consultation process for wildlife during oil and gas permitting. However they believe that there are gaps that will need to be filled. In addition, some commissioners commented that the rules had been watered down during the process, even while supporting the process.

"Protecting a few charismatic wildlife species is not equivalent to protecting wildlife resources as defined in the statute," commented Richard Alward, an ecologist from Grand Junction. In addition, Michael Dowling, president of the Dowling Foundation, noted that species such as lynx, Mexican spotted owls, boreal toads and some bats were no longer included in the species that were protected by the rules. Earlier proposals had also recommended protecting all of the state's waters, but the latest rules only protect about 2 percent.

Additional provisions approved by the Commission will require operators to:

? place refueling areas and chemical storage sites away from streams and floodplains, to minimize the risk of harm to fish species;
? share and consolidate rights-of-way for roads and pipelines, to the extent practicable, to minimize habitat fragmentation;
? educate employees about wildlife conservation practices, including avoidance of wildlife harassment or feeding;
? use bear-proof containers for food-related trash in black bear habitat; and
? install wildlife crossovers and escape ramps for large pipeline trenches that are left open for more than 5 days.

Final approval on changes to the rules is expected in early December. Acting Director Neslin stated that the COGCC will work with the Bureau of Land Management after final approval of the rules to reach agreement on how they might be integrated with federal rules affecting federal lands.