§ 34-60-128 — Habitat stewardship - rules

(1) This section shall be known and
may be cited as the Colorado Habitat Stewardship Act of 2007.

(2) The commission shall administer this article so as to minimize adverse
impacts to wildlife resources affected by oil and gas operations.

(3) In order to minimize adverse impacts to wildlife resources, the
commission shall:

(a) Establish a timely and efficient procedure for consultation with the parks
and wildlife commission and division of parks and wildlife on decision-making that
impacts wildlife resources;

(b) Provide for commission consultation and consent of the affected surface
owner, or the surface owner's appointed tenant, on permit-specific conditions for
wildlife habitat protection that directly impact the affected surface owner's
property or use of that property. Such permit-specific conditions for wildlife habitat
protection shall be discontinued when final reclamation has occurred. Permit-specific conditions for wildlife habitat protection that do not directly impact the
affected surface owner's property or use of that property, such as off-site
compensatory mitigation requirements, do not require the consent of the surface
owner or the surface owner's appointed tenant.

(c) Implement, whenever reasonably practicable, best management
practices and other reasonable measures to conserve wildlife resources;

(d) Promulgate rules, by July 16, 2008, in consultation with the parks and
wildlife commission, to establish standards for minimizing adverse impacts to
wildlife resources affected by oil and gas operations and to ensure the proper
reclamation of wildlife habitat during and following such operations. At a minimum,
the rules shall address:

(I) Developing a timely and efficient consultation process with the division of
parks and wildlife governing notification and consultation on minimizing adverse
impacts, and other issues relating to wildlife resources;

(II) Encouraging operators to utilize comprehensive drilling plans and
geographic area analysis strategies to provide for orderly development of oil and
gas fields;

(III) Minimizing surface disturbance and fragmentation in important wildlife
habitat by incorporating appropriate best management practices:

(A) In orders or rules establishing drilling units or allowing the drilling of
additional wells in drilling units pursuant to section 34-60-116;

(B) In orders approving agreements for development or unit operations
pursuant to section 34-60-118; and

(C) On a site-specific basis, as conditions of approval to a permit to drill
pursuant to section 34-60-106 (1)(f).

(4) Repealed.

Legislative History

Source: L. 2007: Entire section added, p. 1329, � 3, effective July 1. L. 2008: IP(3)(d) amended, p. 1034, � 2, effective May 21. L. 2012: (3)(a) and IP(3)(d) amended, (HB 12-1317), ch. 248, p. 1235, � 91, effective June 4. L. 2019: (3)(b) amended and (4) repealed, (SB 19-181), ch. 120, p. 520, � 16, effective April 16.