[{"_1":2,"_112":-5,"_113":-5},"loaderData",{"_3":4,"_26":27},"root",{"_5":6,"_17":10,"_18":19,"_20":21,"_22":10,"_23":-5,"_24":-5,"_25":10},"user",{"_7":8,"_9":10,"_11":10,"_12":-5,"_13":-5,"_14":15,"_16":-5},"roles",[],"isAuthenticated",false,"isPremium","planName","subscriptionStatus","featureFlags",{},"insightsBudget","isDevelopmentHost","userPreferences",{},"recaptchaSiteKey","6LcvOJcUAAAAAHsB-gPGfGktcRlKpH7OTIU_dMTD","isImpersonating","impersonation","affiliateStatus","isFreedomPortal","routes/v2/article/layout",{"_28":29,"_30":31},"notFound",true,"relatedArticles",[32,76,88,100],{"_33":34,"_35":36,"_37":38,"_39":40,"_41":42,"_43":44,"_45":46,"_47":48,"_49":50,"_51":52,"_53":54,"_55":56,"_57":58,"_59":60,"_61":62,"_63":64,"_65":66,"_67":68,"_69":70,"_71":72,"_73":74,"_75":74},"mediaId",6240874,"mediaKeyId","3316224-42c3054fcff0d24f76eb6ecfbe2cfd58","parentId",3316224,"title","Commission upholds hearing officer dismissal of Incline petition and approves Castor 29 OGDP","audioSeconds",849,"startMs",3519000,"endMs",4368000,"viewUrl","/Search/View?dp=1&key=3316224-42c3054fcff0d24f76eb6ecfbe2cfd58&start=3519&end=4368","thumbnailUrl","https://assets.pipeline.soar.com/3316224-42c3054fcff0d24f76eb6ecfbe2cfd58/thumbnail_3519000.jpg","articleUrl","/articles/6240874/Colorado/Commission-upholds-hearing-officer-dismissal-of-Incline-petition-and-approves-Castor-29-OGDP","mediaUrl","https://secure.pipeline.soar.com/6240874-ce5955ea454af1ff6546cc63c4676a7e/orig.mp4?Expires=1770990902&Signature=ngSRzyn-InjyDXLMqtwHj97YuEvOt7VSNfvfVCvqejOx6kv0lAtAq7KlFpf4dr7IDXu7JWri22SHQ9Tqjvb7ZaTAa~R6DLwY9KjrIR0CUwnKSruhcW4KsOioqJXf3c6l~9pUHtc8e-v4wHoFlyMFPtT~Y5nqzQAAPW2bA7erwEFvVAJueawjPwPY-jD3q92Es0pLhM8q7uUnntthVJSWQRNfIv42YxTYaYQlzG6zl5mLWEuo8BBmm-Ueoh9QbsCkODBNf99HfaHJpwNVb1GhEcsm-TSOZiS7RHb~XD5h6LQu8EpxbnvdnBB8wWL4WHt6RphlZ~RXOQ~-pmdPHoV4Gw__&Key-Pair-Id=KUT5TJCACFTXG","author","Colorado Energy and Carbon Management Commission","date","2025-05-15T14:14:00.937Z","article","The Colorado Energy and Carbon Management Commission on May 14 declined an appeal from Incline Energy 2 LLC challenging a hearing officer’s order that dismissed Incline’s petition objecting to MDS Energy Development’s proposed Castor 29 OGDP. The commission then approved the Castor 29 OGDP and the associated 1,280‑acre drilling and spacing unit.

Incline’s argument and commission response: Cody Burke, counsel for Incline Energy 2 LLC, told the commission that Incline and nine other working interest owners together own about 48% of the working interest in the proposed application lands and argued the commission should resolve ownership and threshold issues now rather than at a later pooling stage. Burke said allowing a minority operator to obtain control of a unit “is against intent of the legislature of adding the 45% threshold.” He asked the commission to overturn the hearing officer’s dismissal and allow the petition to proceed to hearing.

MDS response and legal basis for dismissal: Jamie Jost, counsel for MDS, urged the commission to uphold the hearing officer’s order, stating that the 45% pooling threshold is a requirement tied to pooling applications (statutory and rule references) and is not applicable at the OGDP and drilling and spacing application stage. When asked by commissioners about a possible compromise COA, MDS said it would follow existing processes and that they did not see a need for a speculative COA at the OGDP stage.

Commission deliberations and vote: The chair and several commissioners agreed that the statutory 45% threshold applies to pooling (unitization) proceedings, not to the OGDP/DSU stage. The chair said, in part, that “34 61 16 6 and rule 5 0 6 address pooling. That is where we find the 45% threshold.” Commissioners voted to decline Incline’s appeal and to uphold the hearing officer’s order dismissing the petition.

OGDP approval and related facts: After resolving the appeal, the commission took the MDS Castor 29 application on its merits. MDS asked to establish a 1,289.9‑acre OGDP and a 1,280‑acre drilling and spacing unit to develop up to seven horizontal wells. MDS and its witnesses told the commission the proposed location is not within 2,000 feet of residential building units, schools, high‑occupancy buildings or childcare centers and is sited outside high‑priority habitat. Weld County staff reported the local 1041 (WOGLA) permit had been approved and recorded and said the county had no additional concerns.

Commission action: A motion to decline Incline’s appeal and uphold the hearing officer’s dismissal carried by voice vote. The commission then voted to approve MDS’s Castor 29 OGDP and the associated drilling and spacing unit; that motion also carried by voice vote.

Next steps: The parties may raise pooling issues if and when a pooling application is filed for the drilling and spacing unit; the commission’s decision does not preclude later challenges or statutory requirements being addressed at the appropriate stage.","mediaType","Video","parentTitle","ECMC Commission Hearing - May 14, 2025","oneSentenceSummary","The commission declined Incline Energy’s appeal challenging the hearing officer’s dismissal of its petition about the 45% pooling threshold, then approved MDS Energy’s Castor 29 OGDP and corresponding 1,280‑acre drilling and spacing unit.","taxTitle","Energy and Mineral Impact Assistance State Advisory Committee, Governor's Boards and Commissions, Organizations, Executive, Colorado","taxId",28063,"location","Colorado","headline","","shortSummary",{"_33":77,"_35":36,"_37":38,"_39":78,"_41":79,"_43":80,"_45":81,"_47":82,"_49":83,"_51":84,"_53":85,"_55":56,"_57":58,"_59":86,"_61":62,"_63":64,"_65":87,"_67":68,"_69":70,"_71":72,"_73":74,"_75":74},6240879,"Commission approves Wild Horse 2 OGDP after operator agrees to noise and electrification conditions",1366,2162000,3528000,"/Search/View?dp=1&key=3316224-42c3054fcff0d24f76eb6ecfbe2cfd58&start=2162&end=3528","https://assets.pipeline.soar.com/3316224-42c3054fcff0d24f76eb6ecfbe2cfd58/thumbnail_2162000.jpg","/articles/6240879/Colorado/Commission-approves-Wild-Horse-2-OGDP-after-operator-agrees-to-noise-and-electrification-conditions","https://secure.pipeline.soar.com/6240879-c1c9f5a91cc380ff2971eb811bccf5da/orig.mp4?Expires=1770990902&Signature=Fa-GeipkY0RdTOs3CntJOigKKWVs7BX7fNNofnZSpkZ-rj7kpxkxJqhNbvtSBqKs0NJccdM15myb1u32p9UJEPr6goY0NLQDO--26KxS-q9bs8V6iMqyIwXHjIcAIo-OpcPXGHm5yzDV66MXp4f-Ows6CrzLjAb1G04NQFpoBVuvzi5TZD6HnptympkbeYq4oKvakfLZ6ck5FtWJqvz~7GtMsqJjhk4Jy9unjnGTFU~T7Jv5DjoGyL8hLfx4vuu1bxYPNcZf1OgQYWzeNIzRWt8zmeovc0g8wtfGZ2Z5jaUrTcyFzu-2fP9DAZENTk7w8fciXIDk1V-BPoTVpPQMLA__&Key-Pair-Id=KUT5TJCACFTXG","The Colorado Energy and Carbon Management Commission approved the Wild Horse 2 oil and gas development plan on May 14 after the applicant, Funder Resources Operating LLC, agreed to a set of conditions related to noise monitoring, electrification and map corrections.

Counsel Kelsey Wasilinski said the Wild Horse 2 OGDP requests an approximately 1,936‑acre development area to support up to nine new horizontal wells. “The location is more than 1 mile from all RBUs, HOBUs, schools, childcare centers, and DIC boundaries, and is sited outside of HPH,” Wasilinski said during the presentation.

Why it matters: The operator agreed to conditions of approval tied to both wildlife protections and air/noise mitigation. Those commitments were material to commissioners’ deliberations and were incorporated into the approval.

Key commitments: Sydney Smith, director of EHS and R for Funder, described mitigation and operations commitments including a plan to electrify production equipment “based on power capacity,” use of a quiet completion fleet, use of piped oil, gas and produced water takeaway when available, migratory bird nesting surveys before construction during breeding season, and quiet frac completions. Jill Park, the commission’s location assessment specialist, clarified a COA requiring an updated OGDP map to remove the north half of Section 26 from the application lands (that removal followed a resolution with Verdad Resources LLC).

Noise and electrification conditions: Commissioners asked Funder to ensure accurate emissions and noise information in the Form 2B filings. Commissioner Mesner pressed for a condition that if electrification of production equipment cannot be achieved, the operator must amend its Form 2B to reflect non‑electrified equipment. Wasilinski confirmed Funder agreed to amend the Form 2B if electrification is not possible. Park also clarified the COA requiring an updated OGDP map following the lands removal.

Commission action: Commissioner Mesner moved to approve the application with COAs requiring amendment of the Form 2B if electrification cannot be achieved, inclusion of Park’s map COA, and an additional COA from the director’s recommendation regarding noise. The motion was seconded and carried by voice vote.

Next steps: The operator must meet COA deliverables, including the updated Form 2B if needed and the updated OGDP map via Form 4/2C as specified by staff, before certain permit milestones.","The commission approved the Wild Horse 2 OGDP; the operator agreed to conditions including updating noise mitigation if ambient monitoring increases allowable limits and to amend form 2B if production electrification cannot be achieved.",{"_33":89,"_35":36,"_37":38,"_39":90,"_41":91,"_43":92,"_45":93,"_47":94,"_49":95,"_51":96,"_53":97,"_55":56,"_57":58,"_59":98,"_61":62,"_63":64,"_65":99,"_67":68,"_69":70,"_71":72,"_73":74,"_75":74},6240884,"Commission approves Fern OGDP; Weld County had no objections",1333,806000,2139000,"/Search/View?dp=1&key=3316224-42c3054fcff0d24f76eb6ecfbe2cfd58&start=806&end=2139","https://assets.pipeline.soar.com/3316224-42c3054fcff0d24f76eb6ecfbe2cfd58/thumbnail_806000.jpg","/articles/6240884/Colorado/Commission-approves-Fern-OGDP-Weld-County-had-no-objections","https://secure.pipeline.soar.com/6240884-cc8f791922fa7c44dc6e1ccca9aa4bad/orig.mp4?Expires=1770990902&Signature=GGahBFPPxvPKR6jYb1JbED7~ipLQlkmlb4-fPBEVxNbyURTwpsn3shCVlgzfNvMkq6MljZ~iJSpEowsddwmALJ3lBRTQ6zMrFj0ak1BntHHFQAnGKY-Nd61s3BsTGFPgc-w5UHOxHi3BDSd4sTu4zonughd~2hw69U3qZORkropDwD5uMEVuYYC4sqdooiL6rNrByBtIk~~010YNdvlcRraU2A0o4f5G3dAGeSUuD3gl9MQLUaIAqpjYqR6nvX3g63jENkxs-ajgu6YMdfRISaotSPYUEXqHi1tKFyNCX2LYfyiigi3yXwARDfof2TtM67xAExMEVKXKgmaSNWX0Tw__&Key-Pair-Id=KUT5TJCACFTXG","The Colorado Energy and Carbon Management Commission approved the Fern oil and gas development plan on May 14 after Weld County told commissioners its 1041 local permit (WOGLA) had been approved, recorded and legally published.

Weld County representative Director Kavanaugh told the commission the county’s 1041 hearing for the Fern location was held Jan. 16, 2025; the final order was recorded Jan. 22, 2025, and noticed in the Greeley Tribune on Jan. 24. “Due to the fact that KMG has completed the 1041 application and process and the final order has been issued and recorded and legally published, Weld County has no additional concerns with the pending ECMC permit, and we support the director's recommendation,” Kavanaugh said.

Why it matters: ECMC approval of an OGDP allows the operator to proceed under state rules, subject to conditions of approval. For Fern, the applicant committed to a set of mitigation measures including use of low‑emission engines, renewable or grid power for permanent production equipment where practicable, and an as‑built survey confirming setbacks.

Key findings and commitments: Counsel Kelsey Wasilinski, representing the applicant (identified in filings as Kerr McGee), said the Fern OGDP proposes one new pad and 12 new horizontal wells within a 1,775.75‑acre development area sited outside sensitive receptors. Matt Wells, Kerr McGee regulatory advisor, described commitments including group‑3 drilling muds, Tier 4 or equivalent engines during drilling and completions where feasible, piping of oil and gas from the pad, and a voluntary informed‑consent agreement with the nearest residential building unit at about 2,018 feet.

Kerr McGee also committed to plugging and reclaiming 25 older wells and decommissioning seven facilities within one year of new wells coming onto production; the company said reclamation would result in net reclamation acreage exceeding new disturbance.

Commission action: Chairman Robbins moved to approve the Fern OGDP and the motion was seconded and amended on the floor to include the director’s recommended conditions of approval (COAs). The commission voted by voice and the motion carried. Robbins noted that the lack of commissioner questions reflected “good work by staff, good work by the applicant, to meet all of our protective regulations.”

Next steps: The COAs remain part of the approval and the applicant must comply with the as‑built survey requirement and other COAs listed in the director’s recommendation before final permitting milestones are satisfied.","The commission approved the Fern oil and gas development plan (OGDP) after Weld County said its 1041 permit was approved and raised no additional concerns; applicant committed to several mitigation measures and to plug and reclaim older wells.",{"_33":101,"_35":36,"_37":38,"_39":102,"_41":103,"_43":104,"_45":105,"_47":106,"_49":107,"_51":108,"_53":109,"_55":56,"_57":58,"_59":110,"_61":62,"_63":64,"_65":111,"_67":68,"_69":70,"_71":72,"_73":74,"_75":74},6240889,"ECMC OKs hearing on petition to require social cost of carbon and expanded cumulative‑impacts analysis",336,164000,500000,"/Search/View?dp=1&key=3316224-42c3054fcff0d24f76eb6ecfbe2cfd58&start=164&end=500","https://assets.pipeline.soar.com/3316224-42c3054fcff0d24f76eb6ecfbe2cfd58/thumbnail_164000.jpg","/articles/6240889/Colorado/ECMC-OKs-hearing-on-petition-to-require-social-cost-of-carbon-and-expanded-cumulativeimpacts-analysis","https://secure.pipeline.soar.com/6240889-5f48cbee9d9a128cc32b43302ff6cfb5/orig.mp4?Expires=1770990902&Signature=cmS8CexZ1rGj5XaEri6S8hX8oLeYPEu1YFvtmB~chNspvf8ZsK8ARPcou~6Ac~rNLnBYXO9jkv0XV2wLQJwSfJ1feQ1GETtzt0Gy-OMako37BXsS4kPNlZITA6Dx8yzUaqAKqMIWwB7kboEgKsCuUV9b4YDznlMroqkKNKRqm8dxyJUz6ZP7X2LxQZKSBPoaU8-86hQvO1L4T6CUMvQF5eu4zoHnC3hjBtSJnkaAScyO5sRCXIFr80pa9YJTIgxhhHuRiKsLv6fVqZLK4g4cxxqYb970V18CAU6jMrhkRlicA5~bLm3O3LscPx02jWHTGq35xCHIQ~dAjrZZT6zugg__&Key-Pair-Id=KUT5TJCACFTXG","The Colorado Energy and Carbon Management Commission voted May 14 to docket for hearing a petition asking the commission to require calculation of the social cost of carbon and expanded greenhouse‑gas quantifications in cumulative impacts analyses.

The petition, filed May 6 and represented at the meeting by Kate Merlin, requests that ECMC “conduct a rule making to require calculation of the social cost of carbon and all cumulative impacts analysis conducted under commission rules and to require additional specific quantifications of greenhouse gas emissions,” Chairman Robbins told the commission. Robbins proposed procedural steps for handling the petition, and commissioners voted to instruct hearings staff to set the matter for a hearing.

Why it matters: If the commission adopts rule language along the lines requested, permit applicants would be required to include a standardized social‑cost accounting in the analyses the commission uses when evaluating oil and gas development plans and related matters — a change petitioners say would make cumulative impacts assessments more comparable across cases.

What the commission directed: Robbins proposed that the petitioners be allowed an oral presentation at the hearing while other stakeholders be limited to written statements (he suggested 10–15 double‑spaced pages). He told staff to notify parties who participated in the recent cumulative impacts and enhanced systems rulemaking so they have an opportunity to submit written statements. Robbins told hearings manager Thomas to work with petitioner counsel Kate Merlin on scheduling and suggested mid‑June as a possible hearing window.

Petitioner participation and procedure: Kate Merlin confirmed Citizens for Healthy Community had also joined the list of petitioners. “That sounds like the procedure that was undertaken for the last petition for rulemaking in my memory,” she said and indicated no objection to the process Robbins proposed.

Next steps and limits: Commissioners asked no further questions before voting. The commission’s vote to docket the petition is procedural — it opens a public hearing process. A subsequent vote would be required to initiate formal rulemaking pursuant to the commission’s rule 529 a and the Administrative Procedures Act. Robbins said after the hearing and deliberations the commission may vote on whether to grant the petition and initiate formal rulemaking.","The Colorado Energy and Carbon Management Commission voted to docket a petition from environmental and community groups seeking rulemaking to require calculation of the social cost of carbon and additional greenhouse‑gas quantifications in cumulative impacts analyses.","actionData","errors"]

Article not found

Commission upholds hearing officer dismissal of Incline petition and approves Castor 29 OGDP

Commission approves Wild Horse 2 OGDP after operator agrees to noise and electrification conditions

Commission approves Fern OGDP; Weld County had no objections

ECMC OKs hearing on petition to require social cost of carbon and expanded cumulative‑impacts analysis