[{"_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",6221383,"mediaKeyId","3614316-eb48af519c27a3c42925c222126c30e0","parentId",3614316,"title","Dacono and Frederick open Rule 2‑11 hearing seeking orders to plug dozens of KPK wells after years of spills and remediation delays","audioSeconds",7883,"startMs",6189000,"endMs",14072000,"viewUrl","/Search/View?dp=1&key=3614316-eb48af519c27a3c42925c222126c30e0&start=6189&end=14072","thumbnailUrl","https://assets.pipeline.soar.com/3614316-eb48af519c27a3c42925c222126c30e0/thumbnail_6189000.jpg","articleUrl","/articles/6221383/Colorado/Dacono-and-Frederick-open-Rule-211-hearing-seeking-orders-to-plug-dozens-of-KPK-wells-after-years-of-spills-and-remediation-delays","mediaUrl","https://secure.pipeline.soar.com/6221383-3e20d8cd0765e23b80d7533c3a8ea703/orig.mp4?Expires=1771083212&Signature=Zi9LsYRTlN3fXTrEC9xQeX0B68dKaBL7rdX-YoFKe3LhetKRR5ccNMhoLpy5pnjdtWKSvixgnKpdLrBWRoWBMZzMyR55cLQoLx-PIcCuMJJ34lUio~mH1nvTG3MSodnIeTx7WPM65Fl6al-iwTkBXMq~OoNPqxT-wFhCd6ieOgmwp60WXovDEN3u8B6i-ZE8aEApGyr7SU6Fz7IsU9KM-4b7vOY8JgEpU0vBFMRgOQTvKGVNh0hdeQODXU6TeX-D~sL7C5e9hZ68QXD91piQJfcnrU3hTDN4SnXmcsPzkzA4naS1KkpRDfOHabLkwynmhJybhB--TKkZLZkerkxJAA__&Key-Pair-Id=KUT5TJCACFTXG","author","Colorado Energy and Carbon Management Commission","date","2025-05-30T21:55:03.94Z","article","Two local governments and dozens of witnesses opened a multi‑day Rule 2‑11 hearing on May 28, seeking orders to plug and abandon numerous KP Kaufman wells in and around Dacono and the Town of Frederick, citing long histories of spills, open remediation projects and wells that have been shut in for years.

The City of Dacono and the Town of Frederick jointly filed a rule‑2.11 petition asking the commission to order plugging under ECMC Rule 2‑11 on the grounds that specific wells are no longer ‘‘used or useful’’ and that ongoing site conditions pose threats to public health, safety, welfare and the environment. The towns described decades‑old vertical‑well development in the Spindle Field, repeated pipeline and flow‑line releases, and a backlog of remediation projects they say remain incomplete. City and town witnesses identified about 17–25 wells per jurisdiction for the commission’s consideration and provided site‑by‑site summaries.

Dacono’s witnesses included city manager Jennifer Krieger, land‑management expert John Obern and petroleum engineer Lita Lencioni. Krieger summarized local complaints and the city’s conferral attempts with KPK; she said residents and local government staff had documented repeated spills, late or incomplete remediation filings and numerous inspections identifying outstanding remedy items. Obern provided a wells‑by‑wells economic review and concluded, based on ECMC production records and typical operating‑cost assumptions, that the subject wells lacked remaining economic utility. Lencioni, a registered petroleum engineer, provided decline analyses and cash‑flow projections for individual wells; she testified that most wells could not sustain their share of well‑level and field‑level operating costs and that refracturing or deepening options were not economically realistic given available data.

Frederick’s planning manager Ali Van Dutekom testified and described the local planning context: historic permitting had left many quarter sections with vertical wells and setback strips that prevent development; the town said it has worked with some operators that voluntarily plugged low‑producing wells but that KPK has demanded large payments from some surface owners to plug wells. Frederick recounted that several KPK‑related spills prompted ECMC to issue rare Rule 901(a) director orders requiring immediate action (the transcript references multiple 901(a) orders, including one dated 04/12/2021 and a later 02/16/2024 order related to multiple pipeline incidents). The town also described hiring a dedicated oil‑and‑gas inspector and mapped spills and open excavations it said remain incomplete.

ECMC staff intervened in a limited role to provide factual testimony about remediation projects and mechanical‑integrity testing. Staff’s environmental manager and engineering manager told commissioners which remediation projects remain open, summarized ECMC inspection findings and described outstanding MIT requirements for certain shut‑in wells. Staff emphasized it was not taking a position on whether the commission should order plugging; rather staff provided evidence on environmental and mechanical‑integrity matters for the commissioners’ decision.

KPK appeared with counsel and signaled it would contest aspects of the cities’ case; KPK objected at points to exhibits and requested standard procedural protections. KPK questioned some witnesses’ qualifications, objected to certain demonstrative slide decks introduced during direct testimony (parties agreed to exchange demonstratives and to map demonstratives to disclosed exhibits prior to further testimony), and asked the commission to restrict evidence about private contracts between landowners and the operator. Parties and the hearing officer discussed evidence and discovery rulings; the commission chair indicated he would allow evidence of arm’s‑length plugging agreements but would treat the agreements’ relevance and weight as matters for the record and the commissioners.

The hearing record contains extensive site photographs, ECMC forms and remediation filings, and expert reports quantifying production, operating costs and projected cash flow. Commissioners and counsel reserved cross‑examination for the next session; the cities’ direct case was largely complete by the close of the day. The commission recessed and asked parties to exchange demonstratives and to submit mappings from demonstratives to underlying exhibits before reconvening (the hearing resumed the next morning per the published schedule).","mediaType","Video","parentTitle","ECMC Commission Hearing - May 28, 2025","oneSentenceSummary","City of Dacono and Town of Frederick presented a Rule 2‑11 petition asking ECMC to order plugging and abandonment of many KP Kaufman wells, citing long-running spills, open remediation projects and wells shut‑in for years. Cities presented local testimony, expert analyses and mapped sites; KPK disputed some evidence and procedural scope.","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},6221388,"ECMC approves Bison’s Baja West OGDP with conditions after debate over drilling fluids, noise and traffic near Briggsdale High School",5319,853000,6172000,"/Search/View?dp=1&key=3614316-eb48af519c27a3c42925c222126c30e0&start=853&end=6172","https://assets.pipeline.soar.com/3614316-eb48af519c27a3c42925c222126c30e0/thumbnail_853000.jpg","/articles/6221388/Colorado/ECMC-approves-Bisons-Baja-West-OGDP-with-conditions-after-debate-over-drilling-fluids-noise-and-traffic-near-Briggsdale-High-School","https://secure.pipeline.soar.com/6221388-74e9757be2a88b42c8bd8023befdb5f8/orig.mp4?Expires=1771083212&Signature=UC3zcj-k-5iaavXbg69I2ik8mEknP175LgAub-BsRMnjeDBpQS-4U9nedWMSgV0U5~UgQf5L2qW-auJ6H14K2ZXgwWUPg09sFuPGB4hJflssSHetSITDd8KOV5yOyK5B1y87SVOEGesZ2LwdF7ixO8vnOS50HX7KyG2TMJ8GdOiOtbxGTy3WXCMqx1CwjShdS6eb8g~RyEQbU5lqge9QsLTO4nWBKmezaBRokjCFZIM4QuHq5Dl4yfTWHZqNpBDqSzQGLUJlIlsPAJpfP6wVlXoCFyRForroFkwCxvbzjKxkylikdmtVdmFc3KHlT4RyGmKcNNYmg~4vqk~GgssUfA__&Key-Pair-Id=KUT5TJCACFTXG","The commission approved Bison 4 Operating LLC’s Baja West oil and gas development plan on May 28, after detailed testimony from local government designees, the applicant and state agencies about wildlife mitigation, air emissions and traffic impacts near sensitive receptors.

Bison requested an approximately 7,989.74‑acre OGDP in Weld County, covering four drilling and spacing units and three surface locations (Mavericks, Rincon and Cloudbreak) for 28 horizontal wells targeting the Niobrara, Fort Hays, Codell and Carlisle formations. Weld County staff supported local permits; Bison said it had obtained required WOGLA approvals and surface‑use agreements and had consulted with Colorado Parks and Wildlife and the state health department (CDPHE).

Bison’s presenters, including Katie Gillen (vice president, regulatory affairs and EHS) and Kelsey Wasilinski (counsel), described mitigation measures the company committed to, including full wrap sound walls for any operations during specified winter timing stipulations in Pronghorn winter concentration areas, three‑phase pipeline takeaway to reduce truck traffic, use of ‘‘quiet’’ fracturing fleets, and an intent to use electric drilling rigs or tier 2 dual‑fuel engines with battery assist if grid power is unavailable. Bison also said it would attempt to secure line power and had executed surface use agreements for the pads.

CDPHE and CPW participated in the hearing. CDPHE staff pressed for lower‑aromatic drilling fluids to reduce ozone‑precursor emissions and highlighted concerns about truck traffic passing Briggsdale (Bricksdale) High School; CDPHE explained that aromatic hydrocarbons (PAHs) are significant ozone precursors and that drilling fluids vary by PAH content (group 1–3 under an IOGP classification). CDPHE staff said Bison agreed to use group 3 (very low PAH) drilling fluid at the Cloudbreak pad and to follow a suite of BMPs included in CDPHE’s consultation. CPW signed off on Bison’s wildlife mitigation plan and required offset mitigation fees where timing stipulations could not be avoided.

Commissioners asked detailed questions about proposed equipment, traffic routing and whether certain activities could be scheduled outside school hours. Bison confirmed it had adjusted haul routes to reduce traffic passing the high school and had a road‑maintenance agreement with Weld County; the company also agreed to supply locations for air monitoring and said it would conduct six months of air monitoring during drilling/completions and production.

After deliberations that emphasized uncertainty about grid power availability and concerns raised by CDPHE about traffic and drilling fluids, the commission voted to approve the OGDP, with the director’s recommendations and the condition that Cloudbreak would use group 3 drilling fluids (low aromatic) as agreed during the hearing. The roll call recorded three votes in favor and two opposed (final tally 3–2). The decision directs staff and the operator to implement the site‑specific BMPs that were accepted by CPW and CDPHE.","The commission approved Bison 4 Operating LLC’s Baja West oil and gas development plan (OGDP) for three pads and 28 horizontal wells, subject to conditions including commitments on best-management practices and a requirement to use low‑aromatic (group 3) drilling fluids at the Cloudbreak location.",{"_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},6221392,"ECMC grants exception to hear pooling dispute, reverses hearing officer dismissal",314,540000,854000,"/Search/View?dp=1&key=3614316-eb48af519c27a3c42925c222126c30e0&start=540&end=854","https://assets.pipeline.soar.com/3614316-eb48af519c27a3c42925c222126c30e0/thumbnail_540000.jpg","/articles/6221392/Colorado/ECMC-grants-exception-to-hear-pooling-dispute-reverses-hearing-officer-dismissal","https://secure.pipeline.soar.com/6221392-8ae18d3648704b929524600ede371bf4/orig.mp4?Expires=1771083212&Signature=hmowxDRdeO-ofknNZ4N3FumfoOAv9vuqTBV5UEV6x5~3f7X1TWI5onAjjFEBZBtu5GqUuVXZTHgz3ImNTWGRxUKC9VfKEy75KrJzUxg4uJOdFp1YoI2pYd6dhbNzZfrRzOvRdySTLilTSWhmjcvbuREQAp8BQV3c7gU7ANGiY8j68qlLh8oIHz67Q3UN8Bm-UP-EH5nMIqv-en4TkTZTrCbK6UWjpfu0UXqS54nMHBQQRvW92HePDa1-I3HBivytjq2yZtQc9ucaMqzTRpwTA6PCv640vKxNHrf0pHW~LumeRK0LCAt7c9cYu5gEW~wYK3gNuSD-jrYW8uTvBVcgjw__&Key-Pair-Id=KUT5TJCACFTXG","The Energy and Carbon Management Commission on May 28 reversed a hearing officer dismissal and granted an exception to hear a Rule 520 pooling matter, sending the matter back to the hearing officer for contested‑hearing scheduling.

The commission took up docket 241100287, a Rule 520 exception in a pooling docket. Hearing manager Thomas told the commission Noble had withdrawn a request for oral argument and that the commission’s role would be to deliberate on whether to hear the exception. Commissioner Cross opened deliberations, noting the commission’s lack of jurisdiction to decide contract terms but stressing that the commission has authority under its rules to make pooling determinations. Commissioners Oth and Cross urged that the commission could and should grant relief and hear the pooling issue on the merits, while preserving limits on any contract interpretations.

Commissioner Cross moved to grant the exception and direct the hearing manager to set a contested hearing on pooling issues. The commission’s general counsel clarified that granting the exception reverses the hearing officer’s dismissal and returns the matter to the hearing officer to set a contested hearing that would come back to the commission. After a second and brief discussion, commissioners voted in favor and directed staff to proceed. The hearing manager told the parties the commission would see them at the scheduled contested hearing.

The action does not resolve the underlying pooling dispute; it merely puts the matter back into the adjudicatory process for a contested hearing and preserves the distinction between pooling directives under ECMC authority and private contractual issues the commission cannot itself determine.","The commission voted to grant an exception and return a Rule 520 pooling matter to the hearing officer after parties withdrew requests for oral argument, reversing the hearing officer’s dismissal and ordering further contested hearing procedures.",{"_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},6221397,"ECMC plans combined 'statutory alignment' rulemaking covering worker certification, enforcement updates and EnviroScreen",403,122000,525000,"/Search/View?dp=1&key=3614316-eb48af519c27a3c42925c222126c30e0&start=122&end=525","https://assets.pipeline.soar.com/3614316-eb48af519c27a3c42925c222126c30e0/thumbnail_122000.jpg","/articles/6221397/Colorado/ECMC-plans-combined-statutory-alignment-rulemaking-covering-worker-certification-enforcement-updates-and-EnviroScreen","https://secure.pipeline.soar.com/6221397-c11cc057ece293ee56bef4ab068b007e/orig.mp4?Expires=1771083212&Signature=obejyqh~JAgbKoKB98d~2hvRW93PQXElNjP7S5Faa4gN8NgndeZ9BuTuocx3z1DbPg3EZi84rf3akOqugpZnwoQtEkO-LHQpboHJlTdhPs0UKIUogvNCQWtXUuC5aXW3SK9WUsP7WzXS9Q0ZccKa1-InAThO7DndyO3jhZg1da99JBPhoUQSD0rVH1Fmn8OkDZhi8qWBTCB1qE6~H8p6fdiqv0yXfXLY1F2EaIoqKPwuuUgTSL7AjoNSCe4biExMPZncR~S9E1LWcniKjE1qF2EKReVy1FKB23bY7m~9Ot3~Qy5Y7BnWmBC~Pv8Xx8eynPW2rVXNwr3Mitqs7oU0SQ__&Key-Pair-Id=KUT5TJCACFTXG","The Energy and Carbon Management Commission on May 28 heard staff describe a planned, combined rulemaking to update ECMC rules to match statute and other agencies' references.

Lauren Mercer Gellman, deputy director for policy at ECMC, told commissioners the “statutory alignment rulemaking” will fold three small, related updates—worker certification, enforcement technical cleanups and updating the commission's EnviroScreen reference—into a single docket to keep the public record clearer and avoid overlaps with AQCC work this fall.

Gellman said the worker-certification item would implement a statutory requirement from “senate bill 19 1 81” and would require operators to ensure employees working at oil and gas locations are trained and certified, plus give the director authority to require records demonstrating compliance. On enforcement she said the changes are intended to align ECMC rules with changes made in the 2024 legislative session, specifically naming “house bill 24 13 46” and “senate bill 24 2 29,” including extending the statute of limitations from one to three years and adding continuing violations language.

Staff also proposed replacing the commission’s EnviroScreen reference from EnviroScreen 1 to EnviroScreen 2—the version AQCC recently adopted. Gellman described the plan to publish an informal first draft (“straw dog”) in early–mid June, a formal notice of rulemaking around June 27, and to hold the commission hearing on the rulemaking on Aug. 27, with party-status deadlines anticipated about mid-July.

Commissioners expressed general support. Chair Robbins and several commissioners said they had informally run the schedule by stakeholders and heard positive reactions. Commissioner Ackerman thanked staff for coordinating multiple rulemakings efficiently and Commissioner Cross reiterated limits on the commission’s authority while endorsing the proposed schedule. No formal vote was required at the May 28 meeting; staff asked the commission to note the schedule and to raise any concerns during the rulemaking record.

ECMC staff will post the straw-draft rules and a Google form for public input, then publish a formal notice of rulemaking and statement of basis and purpose before the APA process begins. The commission and staff said they were trying to avoid overlapping public processes with AQCC this fall.

The rulemaking timeline and materials that staff described will be posted on ECMC’s website as staff begins the formal APA process; interested parties will be able to seek party status after the notice publishes.","The Energy and Carbon Management Commission staff proposed a single rulemaking this summer to align the commission's rules with recent statutes, covering worker certification, enforcement changes from 2024 legislation and an update to Colorado EnviroScreen reference.","actionData","errors"]

Article not found

Dacono and Frederick open Rule 2‑11 hearing seeking orders to plug dozens of KPK wells after years of spills and remediation delays

ECMC approves Bison’s Baja West OGDP with conditions after debate over drilling fluids, noise and traffic near Briggsdale High School

ECMC grants exception to hear pooling dispute, reverses hearing officer dismissal

ECMC plans combined 'statutory alignment' rulemaking covering worker certification, enforcement updates and EnviroScreen