County attorney: produced‑water rulemaking is active; staff to schedule technical briefing

Frank Houghton of the Larimer County Attorney's Office told commissioners on Feb. 10 that Larimer County is participating in produced‑water rulemaking discussions with a multi‑party consortium and the city of Longmont.

"There's a meeting on Friday where they're discussing sort of what is the best position to take," Houghton said, describing discussions about how much produced water operators would need to recycle, deadlines phased over the next 20 years and a potential credit‑trading mechanism. He said the process has been delayed from an intended December completion and that county staff are coordinating with Longmont on a shared representation.

Houghton said the consortium is considering reporting requirements, trucking impacts and a rubric to raise recycling percentages over time. He recommended scheduling Matt Sura — a technical participant in the rulemaking — to brief the board in the next two to three weeks for a more detailed update.

Commissioners asked clarifying questions about produced water and its origin. A commissioner characterized produced water as the fluid produced during hydraulic fracturing and asked whether recycled produced water could be reintroduced into water systems; Houghton said he did not have the technical details but that the planned briefing would address them.

Why it matters: Produced‑water rulemaking can affect oil‑and‑gas operators' costs, local road impacts from truck traffic and regional water reuse policy. The county will seek a technical briefing to give commissioners more complete information before taking further positions or actions.

Next steps: staff will schedule Matt Sura to present the technical details and to summarize related state and federal activity.