NEWS RELEASE
BOULDER COUNTY
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On May 22, 2024, Governor Jared Polis signed SB24-185, which prevents oil and gas operators from drilling into oil and gas owned by towns, cities, and counties without their consent, a procedure known as “forced pooling.” The bill was sponsored by Boulder County legislators Senate President Steve Fenberg and Representative Judy Amabile and was drafted with the close cooperation of the Boulder County Attorney’s office. A similar effort failed in the 2023 legislative session, despite the hard work of proponents including Boulder County.
With the new law in place, Boulder County’s thousands of acres of mineral rights, mostly associated with open space lands, are fully under the county’s control. With forced pooling, the Colorado Energy and Carbon Management Commission (CECMC, formerly the Colorado Oil & Gas Conservation Commission) can order an owner of oil and gas to let their minerals be developed against their will. Under SB24-185, local governments are protected from that threat. That protection allows local governments a significantly stronger position from which to work with oil and gas operators and make decisions about their property.
The bill also contains provisions that will benefit all mineral owners. It requires operators to provide clear proof of the mineral rights they claim to own or control and prohibits any drilling before the owners’ permission or a CECMC order has first been obtained.
“We are really pleased that this multi-year effort has succeeded,” said Commissioner Levy. “Finally, we are empowered to protect county-owned lands from the extraction of oil and gas the way the public wants us to be.”
“It’s great to know that not only Boulder County’s minerals are now protected, but so are the minerals owned by any other local government that does not want their oil and gas to be accessed with massive drilling projects,” said Commissioner Loachamin.
“The threat of forced pooling has always hung over Boulder County in trying to meet its obligations under the open space property rules because we knew that, in the end, our oil and gas could be taken from us,” said Commissioner Stolzmann. “Now we don’t have to worry about that and can make our decisions based on the needs and expectations of our residents.”
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