Colorado Legislation Passed Addressing Produced Water from Oil & Gas Wells
By William H. Caile
July 27, 2008

On June 2, 2009 the Governor signed into law HB 09-1303. The new law addresses the permitting and administration of produced water withdrawals from oil and gas wells in Colorado. The bill was introduced in anticipation of the decision of the Colorado Supreme Court in Vance, et. al. v. Wolfe, 205 P.3d 1165 (Colo. April 20, 2009), which held that extraction of tributary ground water during coal bed methane (“CBM”) production was a “beneficial use” of water subject to Colorado water laws and water well permitting requirements. HB 1303 establishes certain timeframes for CBM wells that withdraw tributary ground water in over-appropriated river basins to obtain substitute water supply plans approved by the State Engineer and to apply for water court-approved plans for augmentation. HB 1303 also authorizes the State Engineer to promulgate rules to assist with the administration of permitting requirements for wells, including oil and gas wells, that dewater geologic formations by withdrawing nontributary ground water to facilitate the mining of minerals. This rulemaking process was initiated by the State Engineer in June 2009.

Click here to see the final bill.

For more information contact Chris Thorne or Bill Caile.