Clean Water

The Importance of Continued Regulation of Storm Water Discharges from Oil and Gas Development

Uncontrolled runoff from construction activities on oil and gas sites threatens our rivers and streams:

• Water quality in Colorado streams would decline if storm water discharges from oil and gas operations are no longer controlled.
  
• Heavy rain and melting snow flowing across drilling pads can cause soil erosion, sending sediment and chemicals into streams and rivers.
  
• Drilling pad construction disturbs soil and plants and drilling operations can spill fuel, solvents and chemicals that can pollute our streams and rivers.
  
• Increased sediment and spills negatively impact aquatic life, irrigation and our drinking water supplies.
  
• In spite of the fact that the EPA reports that “siltation is the largest cause of impaired water quality in rivers” and that that “[e]rosion rates from construction sites are much greater than from almost any other land use” (64 Fed. Reg. 68722 Dec. 8, 1999), in 2005, Congress exempted oil and gas construction sites from regulation under the Clean Water Act.

The State of Colorado regulates oil and gas construction sites under the Colorado Water Quality Control Act

• In January of 2006, a coalition of local governments, water conservancy districts, soil conservation districts, General Assembly members, and environmental groups asked the Colorado Water Quality Control Commission to continue to regulate storm water discharges from oil and gas construction sites in Colorado in spite of the federal exemption. After hearing compelling evidence, the Commission voted 9-0 in favor of retention of the Colorado program.
  
• 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 Oil and Gas Conservation Commission, and come back and reports its findings to the Commission in May 2007.
  
• The oil and gas industry used this opportunity to request substantial waivers and exemptions from the regulation.
  
• A coalition of conservation groups, local governments, water districts, and individuals fought the industry’s efforts.
  
• 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.
  
• On May 17, 2007, the Commission followed this recommendation and upheld its 2006 rule, ensuring that protection of Colorado’s waters would remain in effect.

This is essential, as energy development in Colorado is exploding and could wreak huge negative impacts on Colorado’s environment and water resources if unchecked

• The Colorado Oil and Gas Commission granted 5,904 permits to drill in 2006, which is a 35% increase over the permits issued in 2005 and a 130% increase over 2004 permits.

Energy officials predict that an additional 400,000 wells could be drilled in the Rocky Mountain region over the next 15 years.