Delta County Independent Aug 14, 2019

Page 1

NORTH FORK TIMES

SURFACE CREEK NEWS

grand champions Delta County Fair results and photos, B5-12

SPORTS

into the woods

Prep sports

GMUG reports incease in bear activity, C1

High school golf season opens at Devil’s Thumb, C4

Delta CountY

August 14, 2019 Vol. 136, No. 33

75¢

INDEPENDENT

www.deltacountyindependent.com

County commissioners to consider repeal of oil and gas regulations By tamie Meck Managing Editor

Delta County Commissioners will consider a repeal of county’s oil and gas regulations at a Sept. 3 public hearing. Prior to the hearing, the Delta County Planning Commission will meet at 5:30 p.m. Wednesday, Aug. 14 at Hotchkiss Town Hall to discuss “Specific Development Regulations Amending Oil & Gas.” According to the Delta County Citizens Report, the meeting was upgraded by the county Monday from a work session to a regular session to allow planning commissioners to vote on the proposal. If approved, the BoCC would repeal some 20 pages of county land use regulations related to surface oil and gas activity from the county’s Specific Development Regulations. The county acknowledges that its current regulations, adopted in 2003 to regulate surface impacts of oil and gas development, are “inadequate” based on a lawsuit filed in June by North Fork based Citizens for a Healthy Community, according to a July 31 county press release. The lawsuit, which was withdrawn, claims the county failed to properly

follow its own land use process in approving a seismic exploration project north of Paonia for Gunnison Energy. In a July 31 press release, the county called the lawsuit “a waste of resources and tax payers dollars.” County Director of Planning and Economic Development Elyse Ackerman Casselberry said the county views the repeal “as an interim step toward working with the state” to rewrite regulations. The proposal was a response to a petition by CHC for a moratorium on future oil and gas activities. “This is sort of a way to replace the moratorium and acknowledge that our regulations are not quite what we want,” said Casselberry. The county would rely on its 2018 Master Plan to develop new regulations, according to the press release. That plan “supports facilitating responsible beneficial energy” and encourages the county to work with the State of Colorado and Gunnison County to mitigate impacts of energy development. The county was undergoing re-writing its land use regulations when Senate Bill SB19181, the “Protect Public Wel-

fare Oil And Gas Operations” bill, was signed into law last April. The bill gives greater regulatory control to regulate land use and surface impacts from oil and gas development to local governments. Under SB 181 the state will undergo a complete overhaul of existing regulations. That rewrite could take months or years to implement. CHC associate program director Andrew Forkes-Gudmondson, an attorney specializing in water, environmental conservation, and public lands said that under SB 181, “Local government has clear authority to issue a moratorium to address its regulations.” According to the Colorado Sun, at least seven other governing bodies in the state have executed moratoriums on O&G activity since SB 181 was enacted. CHC, a nonprofit representing more than 500 members, says in a written response to the proposal that the move “by the county to repeal regulations with no plan to regulate existing activity or review pending applications a dereliction of duty and simply abdicates local control in favor of relying on the State.” The state and CHC recog-

nize the need to work on the gaps between the two, said Forkes-Gudmondson. “Delta County’s response is to get rid of the regs.” A moratorium would not halt existing activity, said Forkes-Gudmondson. Rather, it would halt future applications while allowing the county to rewrite its regulations. “A moratorium is the only way to halt application approval based on regulations we know are flawed.” CHC estimates moratorium of 4-6 months would be sufficient, said Forkes-Gudmondson. The county-appointed Oil and Gas Working Group has made 33 recommendations to address gaps in both state and county regulations and added consensus points on items like no O&G spills or traffic incidents that are lacking in state regulations. “Delta County has not put a specific proposal forward at this time, so it’s difficult to know what they have to address,” said Forkes-Gudmondson. Cassleberry said the working group’s recommendations are not regulatory in nature, but are 33 areas where county regulations need addressing. “These are concepts we believe

we can write our regulations around.” Calling it a “chicken and egg situation,” Casselberry said SB 181 was made law while the county was identifying areas in current regulations that need improving. Casselberry said the county doesn’t want to get ahead of state regulations; rather, it wants to align its new regulations with state regulations. “We want to ask the state not to impose regulations that don’t apply to the Western Slope,” said Casselberry. “We want a Western Slope solution to 181.” Delta County also wants to see what Garfield, Rio Blanco, Mesa and other counties located within the Piceance Basin are doing, rather than reinvent the wheel, said Casselberry. The southeast corner of Delta County is also situated in the Piceance Basin, which contains reserves of coal, natural gas and oil shale. Rio Blanco County issued an inter-office memo asking Delta County to consider working with them on developing regulations and adopting 1041 regulations. Written in 1974, 1040 regulations define the authority of state and local governments in making planoil and gas to A3

TABOR funds could improve Main St. By Emy LYNN RoQue Cisneros Staff Writer

Delta City Council faces a decision: either determine how a $36,315 refund under the Taxpayer Bill of Rights (TABOR) can be used to improve Main Street, or return it through a utility bill credit of just over $8 per customer. If council can’t decide by Aug. 20, the latter will likely occur, according to City Manager David Torgler. At the July 16 work session, council decided to collectively submit ideas for the refund and discuss them at one more meeting before making a decision. Ideas discussed at last week’s work session include contracting out for a new non-budgeted mural, improve/ finish the Highway 50 road islands (medians left after the truck route), non-budgeted water lines, a boat ramp, a traffic light on the Highway 348 bypass, Main Street improvements, roundabouts, a storm water project not budgeted for in the five-year schedule, and returning it through a utility bill credit. TABOR, limits the amount of revenue governmental authorities can retain and spend. TABOR caps revenue from city franchise taxes, occupation taxes, licenses and

INDEX

Accent..............................A6 Activities...........................A7 Back Page ..................... D8 Business..........................A8 Church.............................C3 Classifieds.................... D1-2 Editorial............................A2 Fair Results.................B5-12 Legals.......................... D3-4 North Fork Times..........B1-3 Obituaries........................B4 Service Directory..............D7 Sports...........................B5-8 Surface Creek News..... C4-5 TV Listings................... D5-6

permits, court fines and forfeitures, interest revenue and other miscellaneous revenues. The city has tried to de-Bruce funds with no success. In the past, the city has been unable to narrow ways to use the revenues and defaulted to dividing the refund among utility customers through a credit on their bill. They do agree on improving Main Street, and will vote on exact improvements. “If we’re able to do something helpful [with the revenues] that creates a better business district, it would help us generate an improved business environment that’s generally beneficial to the community,” said Torgler. The major challenge facing council is that whatever is decided needs to be completed before Dec. 31. TABOR revenue use also has to be non-budgeted and benefit the citizens. Council is also debating whether to try again for a de-brucing in the November election, when the city could piggyback on a question about renewing a franchise agreement with Black Hills Energy. The estimated cost of the election is $5,780.00, with a ballot issue notice for a Tabor question estimated at $1,700.

Photo by Tamie Meck

Hamming it up

Frankie, a Yorkshire pig parades for the judges at the Delta County Fair. Fair results can be found on pages B5-12.

Market livestock sale nets $275,476 for sellers A total of 206 market animals and pens and two cheese baskets were offered for sale by 4-H and FFA members at the 2019 Junior Market Livestock Sale, held August 10, in Hotchkiss, during the Delta County Fair. The sale, totaling $275,476.00 included $100,125.00 for 34

beef animals; $4,275.00 for 12 chicken pens; $40,951.00 for 48 goats; $37,785.00 for 36 lambs; $4,375.00 for 12 rabbit pens; $82,840.00 for 57 swine; $875.00 for two pens of ducks; and $3,275.00 for five pens of turkeys. Total for the Cheese Basket Sale was $975.00 for two baskets.

The Delta County 4-H and FFA members again thank all the supporters of the Junior Market Livestock Sale. In addition, we want to thank all our volunteers, the Junior Market Livestock Sale Committee, our sponsors and our buyers for their support of Delta County Youth.

Delta County sees first WNV case of the year

Drowning victim

The Delta County Department of Health reports the first human case of West Nile virus for 2019 in the North Fork area. On Aug. 9 a female was diagnosed and is now recovering from WNV febrile illness. “West Nile Virus can be a serious illness and residents should understand the health risks associated with this virus,” said Delta County Environmental Health Director Ken Nordstrom. “August through September are when most human cases of West Nile virus have been reported in Colorado.” Health officials say most people bitten by a West Nile infected mosquito show no symptoms of illness; however, some people may develop symptoms three to15 days after being bitten. About one in five infected persons will have mild illness with fever, and about one in 150 will become severely ill. Physicians are urged to test patients for WNV if they show signs of fever, altered mental status, suspected meningitis or encephalitis, or sudden painless paralysis in the absence of stroke in the summer months. The following prevention tips are urged: Drain standing water on property; avoid being outdoors from dusk to dawn when mosquito activity is high; use a DEET bug repellent; Dress in long sleeves and pants during dusk and dawn and in areas where mosquitoes are active and open windows should be tightly screened. For more information: www.fightthebitecolorado.com. Phone: 1-877-462-2911

At 7:48 p.m. Thursday, Aug. 8, the Delta Police Department responded to a residence in the 600 block of Riley Lane on a report of a person stuck in a ditch. A 55-year-old female, Sheila Carpenter, of Delta, was pronounced deceased at the scene. Official autopsy results are pending and the case is still under investigation, but the incident appears to be accidental, according to the Delta County Police Department. An obituary for Sheila Carpenter appears on page B4.


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Delta County Independent Aug 14, 2019 by Delta County Independent - Issuu