Key Colorado agricultural group backs federal landowner protection bill

The Associated Press

Colorado’s largest agricultural organization has endorsed a bill by Rep. Mark Udall, D-Colo., that would increase protections for landowners when gas companies drill on their property.

The Colorado Farm Bureau, often aligned with Republicans on land-use issues, is concerned about the impacts of drilling on water, The Denver Post reported March 24.

“Now more than ever, it is vitally important that we in Colorado and the West take the necessary precautions to protect our water supplies,” said Colorado Farm Bureau president Alan Foutz. He said water and private property rights are among agriculture’s top priorities, Udall’s bill addresses both.

Development of traditional natural gas wells and coalbed methane, which pumps groundwater to release gas trapped in coal seams, is increasing from Montana to New Mexico. The Bush administration is exploring ways to streamline the environmental reviews and permitting process of drilling on public lands in the Rockies, home to vast gas reserves.

The jump in the number of new wells has led to conflicts, especially in the case of the so-called “split estate,” when the mineral and surface rights to the land are owned by different people. The split occurred across the West when the government retained the mineral rights to large swaths of land it manages. Some private landowners sold the minerals while retaining surface rights.

Those who own or lease the mineral rights are legally entitled to develop the resources. Udall’s bill is intended to give more protection to the surface owners.

“My bill is designed to address these conflicts in a way that gives farmers and ranchers equal footing with oil and gas developers,” Udall said.

Industry representatives say companies are trying to work with landowners. They say Udall’s bill isn’t needed because landowners already have many of the proposed protections.

“The bill is misinformed in its conception,” said Ken Wonstolen of the Colorado Oil and Gas Association, a trade group. “Everything that’s in this bill is already covered by federal or state law.”

Colorado law requires notifying property buyers if mineral rights aren’t included. State and federal government officials throughout the region also urge companies to negotiate agreements with surface owners and can require bonds to cover damages.

Landowners, however, have complained most of the power rests with the companies.

The legislation, introduced in December, hasn’t yet been heard by any committees.