C.R.S. Section 34-60-128
Habitat stewardship

  • rules

(1)

This section shall be known and may be cited as the “Colorado Habitat Stewardship Act of 2007”.

(2)

The commission shall administer this article so as to minimize adverse impacts to wildlife resources affected by oil and gas operations.

(3)

In order to minimize adverse impacts to wildlife resources, the commission shall:

(a)

Establish a timely and efficient procedure for consultation with the parks and wildlife commission and division of parks and wildlife on decision-making that impacts wildlife resources;

(b)

Provide for commission consultation and consent of the affected surface owner, or the surface owner’s appointed tenant, on permit-specific conditions for wildlife habitat protection that directly impact the affected surface owner’s property or use of that property. Such permit-specific conditions for wildlife habitat protection shall be discontinued when final reclamation has occurred. Permit-specific conditions for wildlife habitat protection that do not directly impact the affected surface owner’s property or use of that property, such as off-site compensatory mitigation requirements, do not require the consent of the surface owner or the surface owner’s appointed tenant.

(c)

Implement, whenever reasonably practicable, best management practices and other reasonable measures to conserve wildlife resources;

(d)

Promulgate rules, by July 16, 2008, in consultation with the parks and wildlife commission, to establish standards for minimizing adverse impacts to wildlife resources affected by oil and gas operations and to ensure the proper reclamation of wildlife habitat during and following such operations. At a minimum, the rules shall address:

(I)

Developing a timely and efficient consultation process with the division of parks and wildlife governing notification and consultation on minimizing adverse impacts, and other issues relating to wildlife resources;

(II)

Encouraging operators to utilize comprehensive drilling plans and geographic area analysis strategies to provide for orderly development of oil and gas fields;

(III)

Minimizing surface disturbance and fragmentation in important wildlife habitat by incorporating appropriate best management practices:

(A)

In orders or rules establishing drilling units or allowing the drilling of additional wells in drilling units pursuant to section 34-60-116;

(B)

In orders approving agreements for development or unit operations pursuant to section 34-60-118; and

(C)

On a site-specific basis, as conditions of approval to a permit to drill pursuant to section 34-60-106 (1)(f).

(4)

Repealed.

Source: Section 34-60-128 — Habitat stewardship - rules, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-34.­pdf (accessed Oct. 20, 2023).

34‑60‑101
Short title 34‑60‑102
Legislative declaration 34‑60‑103
Definitions 34‑60‑104.3
Energy and carbon management commission - report - publication 34‑60‑104.5
Director of commission - duties 34‑60‑105
Powers of commission 34‑60‑106
Additional powers of commission - rules - definitions - repeal 34‑60‑107
Waste of oil or gas prohibited 34‑60‑108
Rules - hearings - process 34‑60‑109
Commission may bring suit 34‑60‑110
Witnesses - suits for violations 34‑60‑111
Judicial review 34‑60‑112
Plaintiff post bond 34‑60‑113
Trial to be advanced 34‑60‑114
Action for damages 34‑60‑115
Limitation on actions 34‑60‑116
Drilling units - pooling interests 34‑60‑117
Prevention of waste - protection of correlative rights 34‑60‑118
Agreements for development and unit operations 34‑60‑118.5
Payment of proceeds - definitions 34‑60‑119
Production - limitation 34‑60‑120
Application of article 34‑60‑121
Violations - investigations - penalties - rules - definition - legislative declaration 34‑60‑122
Expenses - energy and carbon management cash fund created 34‑60‑123
Interstate compact to conserve oil and gas 34‑60‑124
Energy and carbon management cash fund - definitions - repeal 34‑60‑127
Reasonable accommodation 34‑60‑128
Habitat stewardship - rules 34‑60‑130
Reporting of spills - rules 34‑60‑131
No land use preemption 34‑60‑132
Disclosure of chemicals used in downhole oil and gas operations - chemical disclosure lists - community notification - reports - definitions - rules - repeal 34‑60‑133
Orphaned wells mitigation enterprise - creation - powers and duties - enterprise board created - mitigation fees - cash fund created - rules - definitions 34‑60‑134
Reporting of water used in oil and gas operations - cumulative reporting - definitions - rules - repeal 34‑60‑135
Colorado produced water consortium - created - membership - recommendations - definitions - review of functions - repeal 34‑60‑136
Biochar in oil and gas well plugging working advisory group - created - members - study by Colorado state university - recommendations for the development of a pilot program - report - definitions - repeal 34‑60‑137
Hydrogen study - report - repeal 34‑60‑138
Pipeline study - report - repeal 34‑60‑139
Methane seepage in Raton basin - study of best management practices and water quality required - repeal
Green check means up to date. Up to date

Current through Fall 2024

§ 34-60-128’s source at colorado​.gov