From the Styx by Peggy Tibbetts

When I started blogging about Silt, I knew eventually some prickly issue would come up. Something that would be such BIG NEWS that I couldn’t just ignore it and write about fluffy bunnies instead.

Wouldn’t you know it, I didn’t have to wait long. So here’s the BIG NEWS I can’t ignore:

Four survive truck, train collision

Burning Mountains firefighter and three passengers were in fire truck when hit by train
By Gabrielle Devenish

A Burning Mountains Fire Protection District rescue truck was struck by a freight train between Silt and New Castle Saturday [March 25]. The truck, driven by fireman Austin Coryell, was on a training drive Saturday around noon, said Burning Mountains Chief Brit McLin.

The truck was in the middle of the track when the train bore down on it. According to the Colorado State Patrol, the collision occurred at approximately 12:30 p.m.

“He said he thought the signal might be broken, and he did not see the train until its air horn went off,” McLin said.

The train caught the truck in the rear bumper, spinning it off the track and sending it down an embankment where it was stopped by a telephone pole.

Cpl. Scott Gardener, of the Colorado State Patrol, said the railroad crossing “was not a full regulated crossing, with the bars that come down. But it has the bells and the flashing red lights and the railroad crossing sign.

“The driver attempted to beat the train across tracks despite the railroad warnings and the engineer blowing the horn on the locomotive, as well,” Gardner said.

But McLin said the version he was told contradicts that.

“The cab was already on the tracks when Coryell realized the train was coming. That’s when he sped up to get across,” he said.

He said the engineer of the train told him he was afraid he would hit the center of the truck.

“(Coryell) literally came within a foot of not making it,” McLin said.

I LOVE firefighters. My husband was a volunteer firefighter. And now my daughter (Ema, 30) is a Burning Mountains firefighter. She got the page on Saturday when the accident happened, so we found out almost immediately that the rookie firefighter, plus 2 adults and one toddler were okay. Huge relief!

As the details unfolded, so did the questions. Okay, so he HAD permission, but why did the rookie take a family for a “community relations” drive so far – about 4 miles – from the station? Why didn’t he stop at the railroad tracks? It’s not required by law, but it’s just common sense when approaching train tracks to, oh, say, LOOK FOR TRAINS.

I cross the tracks at that intersection a lot, it’s on my bike route. There are lights and signals, excellent visibility, especially northbound, from the freeway overpass, which was the same approach as the fire truck. Did he really try to beat the train? What the hell happened?

On Monday night, Ema went to a meeting about the accident. She called me afterward. The rookie, Austin Coryell explained to the other firefighters what happened. He said he did not try to out run the train, as State Trooper Gardner alleged. He insisted that no one in the fire truck saw or heard the train until it was bearing down on them. But that explanation just didn’t pass the smell test.

Ema and I debated the whole thing. Sometimes it turned into a regular cat fight. When bad things happen to one of their own, firefighters like cops, tend to close ranks. I don’t blame her. This is a tough call. Coryell seems like a nice enough guy, and the Chief’s defending him.

On Thursday the controversy pretty much exploded in the Glenwood Post Independent:

Driver says he didn’t see train
By Heidi Rice

NEW CASTLE - When firefighter Austin Coryell saw the train bearing down on his firetruck with his three passengers inside, he didn’t think they were going to make it.

Right there are two contradictory statements. He either DID see the train. Or he DIDN’T see the train. He can’t have it both ways. Which was my point all along. Anyway, it was this part of the article that really bothered me:

Not a joyride

Passenger Angela Grant said that no one in the truck had seen the train before it struck them, and a CSP report that Coryell was trying to “beat the train across the tracks” is untrue.

“We were driving across in the middle of the tracks when the train conductor laid on his horn,” Grant recalled. “We all had our windows down and none of us heard the (train) dingers. Austin hit the gas and if he hadn’t, we wouldn’t be here talking to you right now” …

… She stressed that the firetruck ride was not an irresponsible act by either the family or Coryell. “I want people to know that we were trying to do something fun for my son - we were not joy-riding,” Grant stressed. “There was permission granted and it wasn’t an irresponsible act - Austin was trying to do a good thing for my son.”

According to McLin, the fire department has a policy of allowing community rides on the firetrucks with prior permission, which Coryell had.

“We often do things like this for little kids’ birthdays,” said McLin. “It’s part of our community outreach. It’s something we do for our volunteers since we don’t pay them.”

Policy to be reviewed

Following this incident, McLin said the policy of allowing the community rides may be reviewed in the future.

“The community paid for these trucks, although they don’t get to play with them,” he said. “We do these drives as part of community outreach. But they are absolutely not authorized to go joy-riding and we do tell the passengers there is no jack-assing around while in the truck. There is no drinking allowed of any kind and nobody is allowed to drive the truck except the firefighter.”

McLin intends to have the Aspen Fire Department conduct an independent investigation of the accident. “I’m going to ask them to find causation and make recommendations, look at the training records and personnel files,” McLin said.

Coryell received a careless driving ticket from the accident from the CSP, but McLin said no disciplinary action will be taken against him from the fire department. Coryell has been a volunteer firefighter with the department for about one year, McLin said.

There were also 3 Letters to the Editor published in the same newspaper. Two criticizing Coryell and Fire Chief McLin. And one from Coryell’s mom, defending him of course. But I felt like EVERYBODY was missing the point. So I wrote my own Letter to the Editor:

Volunteer firefighters are real live local heroes. My husband, Tod served as a volunteer firefighter in Wisconsin 26 years ago. My daughter, Ema Kwiatkowski is currently a volunteer for Burning Mountains. When she joined the department in 2003, she brought with her five years of training and experience.

As a community we have high expectations for our firefighters. That’s part of their job. I know how difficult it is to find people who are willing to volunteer for community service, let alone as firefighters. And while we rely on volunteers to serve as firefighters we must still set standards.

It takes a special kind of person to be a firefighter. A good firefighter needs training, but beyond that a keen sense of danger, safety consciousness, and the ability to think and react responsibly under pressure in emergency situations. Everyone is thankful no one was seriously injured, or worse, when the train collided with the fire truck on March 25.

I am certain Austin Coryell is a fine young man. Unfortunately as a firefighter, he just doesn’t cut it. The bottom line is, he didn’t stop at the railroad tracks. He didn’t look for a train. He didn’t anticipate the danger. It’s true, he’s not required by law to do so.

However deep down in his gut, any firefighter knows that any firefighter worth her boots knows better. She stops at train tracks. She looks for trains. Even when she’s not driving. Even when she’s not in the fire truck. It’s second nature. Safety first. At all times. Everywhere she goes. She can’t help herself. She’s a firefighter.

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We have an amazing park in Silt – River Park. Local dog lovers – me included – have taken over the park and dubbed it Dogland. It’s a natural island wildlife sanctuary where dogs are allowed off leash.

My malamute, Zeus and I visit the park almost daily. For me – and probably Zeus, too – it’s not only a spiritual place I go to view wildlife and think, but it’s also a great place to meet people.

Ann Ramsey is one of those special Dogland people. We met while walking our dogs. Her regal little blond cocker spaniel is Honey. Usually we talk about our dogs or the weather. Then one day last fall, Ann told me about a picture book she wrote and illustrated, Me, the Tree.

She said she was self-publishing her book and would be releasing it sometime after the holidays. Since I’m a self-published author, our friendship instantly took on a new dimension. Now we latch onto each other and yak about all things writing, publishing, and promoting.

Ann is a wonderful writer, and my new friend. The photographic illustrations in Me, the Tree are so spell-binding and unique. I feel fortunate to introduce her and share her new book with everyone.

My review of Me, the Tree is published at Midwest Book Review, Bookideas.com, and Amazon:

Like Alvin Tresselt’s classic The Dead Tree, the life of a tree is the foundation for this parable about self-realization. Tucked inside its pinecone cocoon, the seed travels on the evening breeze to its new home in the meadow. With a lot of help from the rain, the pinecone breaks down and the seed is free to sprout.

Deep in the meadow floor the sapling struggles to fulfill its destiny to become a tall tree. As it reaches toward the sun, the tiny tree provides shelter for wildflowers and birds. The tree also learns that rain and snow and wind are all necessary in order to grow strong. In fact it is through loving nature that the tree understands the true meaning of its own roots.

Ramsey’s digital, enhanced photos are the perfect medium for illustrating both the power and sensitivity of nature. The pine cone’s deep blue eyes create a personality and an emotional attachment to the story. The eyes will certainly capture children’s attention – much like Hidden Pictures – while they hunt for them on each page as the sapling grows into a tree. And in turn the little tree’s story will open their eyes to the wonders of nature. Meanwhile adults will discover a poetic chronicle that reminds us what really matters in our lives. The universal theme of individuality gives Me, the Tree an enduring quality reminiscent of Douglas Wood’s Old Turtle. I recommend this book for all ages.

Be sure to visit her web site at Me, the Tree.

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Those of us who ski Aspen’s mountains are intimately familiar with the wind. Some days it feels like it gets in my boots and travels up my legs. Beginning in June, Aspen Ski Co will harness those winds and convert 100% of operations, including chairlifts and snowmaking to wind power. Bout damn time! As a full blown global energy crisis looms at least we know when the oil runs out we’ll still be able to ski.

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Weather across the west was the big news this past weekend. Silt was no different. We don’t have tornados here. At 5,300 feet, we get blizzards, though rarely. The snow began on Friday morning about 6:00 a.m. It snowed on and off – mostly on – for 4 days. It finally stopped today around 1:00 p.m. after dumping nearly 3 feet of snow in the valley. On average in March, 4 inches of snow falls on Silt. Therefore this qualifies as a gi-normous snow event.

My neighbors, Gene and Eva Diaz are in their mid-70s and have lived here all their lives. They couldn’t recall a storm like this in March. Eva said she remembered a blizzard in March a long time ago when her kids where little but it only lasted one day and they got about a foot of snow. “But I don’t ever remember it snowing for 4 days like this,” she said. “Even in January. Ever.”

The good news is we’re not fleeing from wildfires like the folks in Texas. And we’re not picking up the pieces after horrendous tornados like the victims in Missouri. The winds are vicious in the high country. No doubt avalanche danger will be high by morning. And there have been the usual accidents and Interstate closures.

Skiing is amazing! In all the years I’ve lived in Colorado – 13 total – I’ve never seen anything like it.  Cross country skiing at the West Elk Trail up on the Flattops on Saturday, the snow was extremely soft and deep. It’s over the fence tops now. A snowmobile had made one pass through the trail system but both skis and poles still sank relentlessly in the deep drifts. The wind was persistent on the flats, but not unbearable.

However on Sunday the wind actually hampered downhill skiing at Snowmass. The powder was soft and deep with plenty of it, but by afternoon blowing snow on the peaks made for poor visibility.

What’s really mind boggling is that more snow is predicted through the rest of the week, weekend and next Monday. We’re running out of places to put it.

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Cherry Creek Schools administrators reinstated Jay Bennish today.

They issued this: Cherry Creek Schools’ Statement Regarding Bennish’s Reinstatement

I kinda figured they would do anything to avoid a lawsuit. As I said yesterday, the damage is already done. When asked today if he thought the incident would have any long-lasting effects, Mr. Bennish said, “I think, unfortunately, this is going to have a chilling effect on teachers all across the country. And I think this is an issue that people will have to continue to deal with in the future.”

Yup, he’s right. What I found even more chilling was when I googled his name for news, I got exactly four actual objective news articles. After that, pages upon pages of mostly negative OpEd pieces bashing Bennish. Evidently mine is a really small voice in the wilderness. The Internets are awash with hate speech tonight. Even President Bush rambled incoherently on the matter today. He thinks people have the right to speak out and he has the right not to listen to them.

Wait a minute! I think I’ve stumbled onto something here. President Bush, meet Sean Allen. He secretly taped his teacher’s lecture, edited and condensed it to enhance the objectionable parts which were taken out of context. Then he released the tape on a local radio station to embarrass the teacher.

Imagine that! Spying on his teacher because he didn’t like what he was saying.

Now where in the world would a 16-year old kid get an idea like that??

ACLU Asks Federal Court to Block Illegal Spying Program, Citing “Concrete Harm” to Americans (3/9/2006)
 
NEW YORK - Saying that the Bush administration’s warrantless wiretapping of Americans is flatly illegal and unconstitutional, the American Civil Liberties Union today asked a federal court in Detroit to block the program immediately.
 
The ACLU also criticized Congress for brokering a reported deal that allows the White House to bypass judicial oversight of the controversial program.
 
“In America, no one is above the law, not even the president,” said ACLU Executive Director Anthony D. Romero. “The president’s allies in Congress are preparing to cover up his illegal program, while others in Congress are standing on the sidelines.  When the President breaks the law, Congress should not be giving him a get-out-of-jail free card.”
 
The NSA spying program, authorized by President Bush just after September 11, 2001, allows the agency to monitor and collect e-mails and phone calls from innocent Americans without ever having to go to a court and prove even the remotest hint of suspicion …

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On Friday, the Cherry Creek Schools administrators will announce the results of their investigation of Overland High School teacher Jay Bennish. He’s the geography teacher who was suspended with pay because he compared statements made by Bush to those of Adolf Hitler, called the war in Iraq an illegal invasion and said the definition of a terrorist is in the eye of the beholder. One of his students, Sean Allen, recorded 20 minutes of a 50 minute lecture. Allen then turned over the recording to The Mike Rosen Show on 850 KOA-AM radio where it was first aired on Wednesday, March 1.

No matter what school administrators decide – presumably whether or not Mr. Bennish violated school district policy and should be fired – the damage has been done. Politics absolutely has its place in a geography class. Maps are constantly changing because of politics. Provocative ideas and discussions belong in the classroom. If students don’t learn to question the decisions of world leaders, how will they ever gain global awareness?

Watch the press conference with Mr. Bennish. His words and demeanor are impressive. He fields reporters’ questions confidently and intelligently. He’s authoritative and professional. And he’s so right that the impact of this incident on educators is chilling. No matter what happens to his job, teachers will look at their students differently from now on, wondering if their lectures are being recorded. And if so, how will that recording be used? Some teachers will be fired. Some will censor themselves. Some will quit.

It’s so horribly skewed and just plain wrong that Mr. Bennish’s teaching methods are being called into question because of 20 minutes of dialogue taken out of context.

I went to high school during Nixon’s escalation of the Vietnam War (1969-1971). Those were dark, tense days. Hell, we argued about the war during biology class. Why? Because of the draft. Everybody was scared. Ever since we could remember, even as little kids, all we’d ever known was war. Vietnam for breakfast, lunch and dinner. Debate was everywhere.

My dad was a barber. Men debated the war in his barbershop. Kids debated the war in school. Teachers talked about the war constantly – both pro and con. I don’t remember a single teacher being fired for encouraging us to discuss foreign policy and think for ourselves.

Now some historians and some in the media would like us to believe that the government was more oppressive back then than it is today. They’re lying. I lived through Vietnam. I remember it well. I’ve never seen anything like what’s going on now.

Now watch the interview with Sean Allen. As usual the reporter does a lousy job with the interview. Here are some questions she didn’t ask:

Did you ever complain to Mr. Benning?
If not, why?
If you’re upset about Mr. Bennish including politics in his lectures, why didn’t you complain to the school principal?
You say you recorded the lecture for study purposes, then why did you only record 20 minutes of a 50 minute lecture?
And why only the 20 minutes you objected to?
Why did you release the tape to a local radio station instead of taking it to the principal?
You say you don’t want Mr. Bennish to be fired, then why did you make his lecture public without his permission or blessing?

Sean and his mom, Patti are complaining loudly about the blowback from this whole incident. What did they expect? The kid records a teacher’s politically charged language out of context, plays it on the radio, then claims he’s shocked that people are pissed off. I don’t understand why he isn’t in trouble with school administrators.

Mr. Bennish spent 90 minutes meeting with school administrators today. Have they also interviewed Sean Allen? I can’t find an answer to that question. Instead his mom is proud of him. School administrators are tap dancing to a fascist beat, pretty much proving what the teacher was talking about.

This was not a group of Mr. Bennish’s students organizing against his teaching methods. This is one student who disagrees with the content of Mr. Bennish’s lectures, creating havoc with his career and the educational process. Forget freedom of speech – and it most certainly has been forgotten here – whatever happened to majority rule? 

I’m not saying Sean Allen deserves the backlash. I’m saying he brought it on himself. It’s called natural consequences – cause and effect. Mr. Bennish didn’t ask for this trouble but it’s his career on the line now. And I’m not saying Sean Allen didn’t have the right to record the lecture. Although I’m not sure he had the right to broadcast the lecture on the radio. I think school administrators allowed themselves to be manipulated by a publicity stunt.

As of today even Governor Owens and a Colorado State Board of Education member Bob Schaffer have spoken out against Mr. Bennish.

That’s a lot of power in the hands of one 16-year old.

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This week the Silt Board of Trustees grappled with the Garfield County Commissioners over wear and tear on local streets and roads, due to heavy truck traffic from gas well drilling activity. They were told flat out there’s no money coming from the gas companies for road maintenance or infrastructure repair. In fact, the gas companies sent word through County Commissioner Larry McCown that they will be moving out of this area soon anyway. Evidently the implication being there’s no point in pursuing infrastructure impact because they’ll be out of our hair soon.

Gee, that’s interesting. The fact is Garfield County is second only to Weld County in active gas wells – well over 3,000 – in the state of Colorado. Over 1,500 new gas well permits were issued in 2005, and 67 new permits already this year – as of today. If they’re moving soon, they have a lot of packing to do.

When it’s all over but the toxic waste, what will be left of the land and the people? No one really knows the long term impact of gas well drilling in this region. We’re too busy dealing with the here and now. But the future haunts the issues of the day.

The majority of landowners in this region – western Garfield County – own surface rights, which means they don’t own the rights to the minerals underneath their property. Under current Colorado law, when the mineral rights are leased to the gas company, such as Encana, surface owners have no protection against health and property damage. When gas well drilling ramped up south of Silt in 2001, the impact was felt by surface owners immediately. Here is one family’s story:

Family’s water well was contaminated after hydraulic fracturing near their home 
By Laura Amos

My husband Larry, our daughter Lauren and I live south of Silt in the heart of what we call Encana’s Industrial Wasteland. We were among the first in our area to have natural gas drilling on our property. We are among the unfortunate who do not own the mineral rights under our property. The “Good Faith Negotiations” required by the Colorado Oil and Gas Conservation Commission addressed none of our concerns. Encana sent to our home a nice old gentleman who sat at our kitchen table and told us more or less, “I feel for you, but you own the surface, we own the minerals, and we’re coming in to drill. Here’s the Surface Use Agreement, you can sign it, but you don’t have to. If you sign it you get a check for $3000. If you don’t sign you get no financial reimbursement for any damages that may occur.”  We hesitated to sign for a couple of weeks until we learned that what he was telling us was accurate  - the law provided us no protection, no mediation, and no real power to negotiate. It also now appears that others who do not own the mineral rights under their land were also bullied.

In May 2001 while fracturing four wells on our neighbors’ property (less than 1000′ from our house on what’s known as the G33 pad), the gas well operator “blew up” our water well.  Fracturing created or opened a hydrogeological connection between our water well and the gas well, sending the cap of our water well flying and blowing our water into the air like a geyser at Yellowstone.

Immediately our water turned gray, had a horrible smell, and bubbled like 7-Up. Water production dropped drastically from 15 gallons per minute to nothing or near nothing. Tests of our water showed 14 milligrams (mg) per liter of methane. That’s almost as much methane that water will hold at our elevation. But the Colorado Oil and Gas Conservation Commission (COGCC) claimed that the methane was “transient” in nature. We were assured that methane is safe, that in fact our bodies produce it naturally, and that there are no known health effects. We were warned, however, to make sure there were no closets or pockets in our home where the gas could build up and explode. They tested the water in our well a couple more times that summer, ending in August 2001.

In the spring of 2003 I became very ill. I spent months in doctors’ offices and hospitals. I was eventually diagnosed with Primary Hyper Aldosteronism, a very rare condition of a tumor in my adrenal gland. None of my doctors had any idea of how I could have acquired such a rare disease.  The tumor and my adrenal gland had to be removed. As a result, I am concerned that my immune system is now compromised, as well as the other endocrine related systems that are linked with the adrenal glands.

For more than two years my husband and I felt more or less abandoned by the COGCC. We resolved nothing. In January 2004 I had had enough and decided to become better informed and make others aware of my predicament. I started my 1st letter-writing campaign. The gas commission came back, tested again, and again found 14 mg of methane per liter in our water. They determined that it was Williams Fork Formation gas, a Notice of Alleged Violation was issued to Encana, but no fine was administered by the COGCC.

In August 2004 I came across a memo written to the US Forest Service and BLM Regional offices in Delta County, describing the health hazard posed by a chemical used in fluids that are injected underground to enhance the release of methane. Dr. Theo Colborn of Paonia, Colorado submitted the memo in response to decisions that were being made in Delta County by the government officials to allow gas exploration and development on the Grand Mesa. Colborn is the President of the Endocrine Disruption Exchange, Inc (TEDX) and for over 10 years directed the World Wildlife Fund’s Wildlife and Contaminants Program. She has been honored worldwide for her focus on the effects of synthetic chemicals on human and wildlife health. The focus of Colborn’s memo was on a chemical called 2BE, used in fracturing fluids.

The following information was taken from Colborn’s report: “2BE is a highly soluble, colorless liquid with a very faint, ether like odor.” She wrote that at the concentration to be used in Delta county 2BE might not be detectable through odor or taste. “2-BE has a low volatility, vaporizes slowly when mixed with water and remains well dissolved throughout the water column.” “It mobilizes in soil and can easily leach into groundwater.”  “It could remain entrapped underground for years.”

She noted it is readily absorbed by the skin and can easily be inhaled as it off-gasses in the home.  Colborn cited the Agency for Toxic Substances and Disease Registry Profile that listed the following effects of 2-BE: kidney damage, kidney failure, toxicity to the spleen, the bones in the spinal column and bone marrow, liver cancer, anemia, female fertility reduction, embryo mortality, and the biggie that got my attention - elevated numbers of combined malignant and non-malignant tumors of the adrenal gland.

Of course that sent up a huge red flag! I have had no peace of mind ever since. Remember that from August 2001 until January 2004 no testing was done on our water. Our daughter was only 6 months old when fracturing blew up our water well. I bathed her in that water every day. I also continued breast-feeding her for 18 more months until she was 2 years old - during the time the tumor was developing in my adrenal gland. If there was a chemical in my body causing my tumor, she was exposed to it as well. She was in contact with the chemical through every possible exposure pathway.

After reading Colborn’s memo, I tried to find out if Encana used 2BE in fracturing. Encana’s spokesman, Walt Lowrey, assured several of our neighbors, and my husband and me that 2BE was NOT used. In addition, Lowrey told many reporters in western Colorado, Denver and the Associated Press that 2BE was not used on the pad, or anywhere in this area.  However, on January 31, 2005, I learned that the industry had not been telling the truth to all of us. In June 2001, five weeks after the operator and the COGCC knew that there was a connection between the gas well and my water well, they proceeded to fracture wells on the G33 pad again. It was reportedly an experimental fracture, a new idea to fracture into the Wasatch formation, the same formation that our water comes from. They fractured 2000 feet below the surface, and they DID use 2BE. Encana is now delivering us alternative water for use in our home, but we are concerned that our well water may never be safe again.  I am ONE MAD MOTHER who intends to continue to challenge the system that allows average citizens to be ignored and trampled on, without consideration for their health, their children’s health, and life-long investments. I am ONE MAD MOTHER who believes it is the role of government to protect the average citizen. I believe that I should have the support and concern of the COGCC, but that is far from the case. Instead, it is obvious that the COGCC is continuing to be more concerned with corporate interests. In fact, Brian Macke, director of the COGCC recently told a CBS News Bureau Chief in Washington D.C. that I am crazy, and that my exposure to 2BE may have come from Windex!

Surface owners need some protection and some power in dealing with huge corporations who care only about profit. I am not the only person who believes her health has been compromised because of gas development in Garfield County. There are many others out there who feel that they have been violated. Giving surface owners some legal rights to protect themselves and their property is critical in order to prevent more situations like mine.

The dangers to surface landowners as a result of gas well drilling are very real. Whether it’s air pollution, water pollution, soil erosion, or increased truck traffic, everyone in the valley lives with the impacts of the gas industry every day.

In an effort to address the dire impact to landowners, surface use legislation is creeping its way through the Colorado Legislature. Our State Rep. Kathleen Curry has sponsored House Bill 1185, which would mandate compensation for landowners for impacts based on a property’s current fair market value. Sounds like a good idea.

But the Grand Valley Citizens Alliance has pointed out a Catch-22. The oil and gas industry has requested language in the bill that states energy companies are entitled to reasonable use of property to extract minerals.

The Colorado Oil & Gas Association, an industry trade group, has lobbied the point that mineral owners’ property rights also need to be respected, but the industry should not be exempted from compensating landowners.

Rep. Curry said the language needs to be clarified in the Senate, which is scheduled to consider the bill following its recent passage in the House.

In response to house passage of the bill, the following groups issued a press release: Colorado Environmental Coalition, Environment Colorado, Grand Valley Citizens Alliance, Oil and Gas Accountability Project, San Juan Citizens Alliance, Sierra Club, Western Colorado Congress, Western Resource Advocates

PRESS RELEASE
February 27, 2006
Colorado’s Lands Lose in House Vote
Colorado’s private landowners, water and wildlife would continue to be at the mercy of the powerful oil and gas industry if a bill moving its way through the Legislature wins final approval. The measure, House Bill 1185, was originally introduced to protect landowners and the state’s natural resources from exploitation during the unprecedented energy boom now scouring the land and disrupting the lives of people throughout Colorado.

But last minute lobbying by the oil and gas industry twisted the measure into a guarantee that landowners will have little opportunity to defend their homes, livelihoods and quality of life. If enacted, Colorado would have the worst landowner damages policy in the region.

“As a landowner affected by oil and gas activities, I testified in favor of the bill that was initially introduced in the House,” declared Duke Cox from Silt, “but the legislation that passed the House doesn’t help me at all. In fact, it could hurt my chances to protect my property.” 

Duke Cox is just one of the many property owners across the state that owns their private lands, but don’t own the minerals under their property. In the last few years, drilling for oil and gas has increased exponentially. In addition, the Colorado Oil and Gas Conservation Commission allowed energy companies to dramatically increase the number of wells that can be drilled around the state. The result is concentrated energy development affecting private property and the natural resources found on those lands.  

Current law doesn’t allow landowners to protect their land against damage caused by oil and gas production. Damages occur from lost crop or rangeland, since each well can occupy up to five (5) acres of private land. Damages also occur when there are spills and leaks. This weekend there was even an explosion in a natural gas line, creating a fire in the suburbs north of Denver that could be seen for miles. Energy production also changes the character of rural landscapes, with roads and well pads, pipelines and transmission lines, and pits and tanks, which create an industrial setting where pastoral lands once existed. These developments affect wildlife, water quality in the watersheds used by rural communities, and the quality of life across Colorado.

“The bill was supposed to provide balance and fairness for landowners who were facing oil and gas development on their lands and wanted to protect their livelihood, and their water and wildlife,” affirmed Elise Jones with Colorado Environmental Coalition, “but changes in the bill before final House action took protections for landowners’ private property rights and gave them away to the energy industry.”

HB 1185 now goes to the State Senate. Senator Jim Isgar (D-Hesperus) will lead the effort to provide basic protections for landowners and balance the property rights of landowners with the energy demands of the state and Nation. Action is expected in the next two weeks in the Senate.

For the time being the situation looks pretty bleak. However there is an election coming up in November. And we, the little people just might get the chance to vote on surface owner compensation.

The Colorado Landowners for Fairness has filed an initiative with the state that would require fair compensation for damages related to development of oil, gas and other minerals. If the ballot language is approved by the Legislative Council, the measure will get a title from the Secretary of State’s Office and the group will have until August 7, to get a minimum of 67,829 signatures and put the measure on the November ballot. John Gorman, a Glenwood Springs real estate agent who is leading the initiative effort, said the group plans to get 100,000 signatures. And they expect it to need as much as $3 million to get the measure on the ballot and fund a campaign because the gas industry will surely throw a lot of money at opposing the measure.

The good news is that surface owner rights and reclamation are finally getting the attention they deserve. As I mentioned before, the impact of gas well drilling is now evident everywhere. The gas wells used to be up in the wilderness, away from most towns and subdivisions. Now they are everywhere along the Colorado River and Highway 6 between Silt and Rifle. Up on the Beaver Creek Trail south of Rifle you can hear a hum from a compressor station. On sunny days, a haze hangs over the valley. Water pollution seems like a no brainer to anyone who’s paying attention.

The way I see it, there’s no need to worry about the future impact of gas well drilling on our people and environment, because the impact is already visible. The future is already here.

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