2012 current ECRCC Bylaws

Elbert County Republican Central Committee Bylaws

“[R]esolutions introduced by registered Elbert County Republican participants at the precinct caucus are eligible for action by each precinct caucus.  A majority vote by the caucus shall advance that resolution for consideration of the Resolutions Committee, and must include name, address, phone and if available email of the person submitting the proposal.

The Resolutions Committee shall meet after the precinct caucus and prior to the county assembly for the purpose of confirming the precinct caucus action and to determine if the resolution conforms to the requirement of expounding a fundamental principle of the Republican Party.  A two-thirds majority vote by the committee shall advance that resolution for consideration of the county assembly.”

Caucuses are February 7, 2012.

Note: The Resolutions Committee has 5 people on it.  That means it will take 4 out 5 affirming committee votes to pass a precinct caucus resolution on to the the county assembly.

here we go…

The declared Republican challenger to the Elbert County commissioner district 3 seat, Mr. Larry Ross, briefly introduced himself at a Republican Central Committee meeting last night. He told the members that the poor condition of the local economy had motivated him to run for commissioner. And he told the members that he was a strong proponent of regulation.
It was during a period of brief introductions of various candidates and the purpose of the meeting was not to vet candidates, so no one questioned him on the juxtaposition of those two statements.

No one remarked about how regulations suppress economic activity.

No one mentioned how county zoning is an authoritarian process for imposing government takings in a heavily tilted playing field where the government holds practically unlimited power and the citizen is treated as a serf.

No one informed him that a pro-regulation position is an inherently unconservative and unRepublican stance.

And no one asked him why in the world he’s running as a Republican.

Even though there wasn’t time for it last night, these things needed to be mentioned.


By the way, all Republican caucus attendees should pre-register for the 2/7/2012 caucus at http://www.caucus.cologop.org  This is quick process that simply verifies your Republican party voter registration, a requirement to vote in the caucus.  Pre-registration is not mandatory but it will help those running your caucus speed things along that night if you are pre-registered.


Operational Conflicts Waiver

Proposed Elbert County Oil & Gas Regulations and Permitting Process
Part II, Section 26.2 Review Procedures


A waiver to these Regulations shall be granted if or when the application of the requirements of these Regulations actually conflict in operation with the rules of the Oil and Gas Conservation Act or implementing regulations.

1. All applications where a waiver due to operational conflicts is requested shall be processed as a Major Oil & Gas Facility and heard in a noticed public hearing by the Board of County Commissioners. The Applicant shall have the burden of pleading and proving an actual, material, irreconcilable operational conflict between the requirements of this section and those of the Colorado Oil & Gas Conservation Commission in the context of a specific application.

Translation: You have to prove an operational conflict exists between interpretations of the county and interpretations of the state regulations.

2. For purposes of this Section, an operational conflict exists where an actual application of a County condition of approval or regulation is contrary to State statutory or regulatory requirements and where such conflict would materially impede or destroy the Colorado Oil & Gas Conservation  Commission’s goals of fostering the responsible, balanced development, production, and utilization of the oil and gas resources in the State of Colorado in a manner consistent with protection of public health, safety, and welfare, and protection of the environment and wildlife resources.

Translation: The county determines the standard by which it will accept a conclusion of an operational conflict.

3. County requirements in areas regulated by the Colorado Oil & Gas Conservation Commission that fall within County land use powers necessary to protect the public’s health, safety, and welfare pursuant to the application presented, and which do not impose unreasonable burdens on the Applicant, or materially impede the State’s goals, shall be presumed not to present an operational conflict.

Translation: The county will interpret when an operation conflict exists and whether the conflict presents an unreasonable burden to the applicant.

4. If the Board of County Commissioners determines that compliance with the requirements of these Regulations results in an operational conflict with State statutes or regulations, a waiver to this section shall be granted, in whole or in part, but only to the extent necessary to remedy the operational conflict. The Board of County Commissioners may mitigate any impacts by conditioning the approval of a waiver as necessary to protect the public health, safety, and welfare. Any such condition shall be such that the condition itself does not conflict with the requirements of the Colorado Oil & Gas Conservation Commission.

Translation: The county says whether a waiver that they might offer will satisfy the conflicting state requirement.

5. If the Applicant, or any person entitled to receive notice of the original application for the Oil & Gas. Facility, wishes to seek judicial review of a final Board of County Commissioner’s decision on the operational conflict waiver request, appeal to the district court shall be pursuant to C.R.C.P. Rule 106(a)4.

Translation: If you don’t like it, sue us.

Cmmr. Schlegel grows govt.

From: Kurt Schlegel
Sent: Wednesday, January 11, 2012 12:22 PM
To: Marvin and Nancy Maul; Del Schwab; John Shipper
Cc: Richard L. Miller
Subject: DRAFT Elbert County Oil and Gas Regulations
Good Afternoon Mr. Maul,

Thank you for sending me your thoughts / opinions regarding County based land use regulations.  I have followed the recent actions that have been taken or deferred by other Counties regarding the adoption of specific land use regulation relating to Oil & Gas Exploration.  As County Commissioners we are tasked with adopting and enforcing land use rules and regulations in order to protect the property values of all property owners in the County.

I believe it is County government’s duty to ensure that Oil & Gas exploration in Elbert County is done responsibly and  staff has worked diligently to incorporate lessons that have been learned from other Colorado counties in our proposed Oil & Gas Regulations.  Please be aware that these DRAFT regulations have nothing to do with the actual drilling / hydraulic fracturing / harvesting of resources processes.  These are regulated by the Colorado Oil and Gas Conservation Commission (COGCC).  Our County regulations are designed to ensure the public safety by designating traffic / haul routes for equipment, specify where and how equipment can be stored safely, how waste byproducts are handled and stored, etc.  In addition our staff has worked to ensure that the proposed regulations do not pre-empt any regulation already in place by the State of Colorado.  I invite you to review the DRAFT document which is available on the Elbert County website at http://elbertcounty-co.gov/dept_CommunityandDevelopmentServices.php

As I stated previously, the County is also responsible for the enforcement of all zoning and land use regulations.  The taxpayers expect this service and are entitled to this regulatory authority that is designed to protect everyone’s property values and ensure the public’s safety.  The fact that we will have clearly defined what is expected of all surface activities associated with oil and gas exploration will make it easier for staff to enforce, thereby saving the taxpayers money in the long run.

I appreciate your input and invite you to attend, or be a part of, the Planning Commission’s review process.  Their first meeting to discuss the DRAFT Oil & Gas Regulations is scheduled for Thursday – 26 January, 2012 at 6:00 pm.


Kurt C. Schlegel

Elbert County Commissioner; District 2
215 Comanche Street
Kiowa, CO  80117


From: Marvin and Nancy Maul
Sent: Tuesday, January 10, 2012 3:05 PM
To: Del Schwab; Kurt Schlegel; John Shipper
Subject: Oil and gas regulations

To the Elbert County Board of County Commissioners:

This refers to the draft of new oil and gas regulations being prepared by Richard Miller, Director of the Elbert County Community and Development Services that I understand will be brought before the Board for a vote shortly.

I would suspect that by now the Commissioners are aware of the lead editorial contained within the January 9 issue of The Denver Post entitled “Current fracking rules enough” which summarizes pretty well the intent of the editorial.  I understand as well, that at least two Colorado counties (Arapahoe and Gunnison) have been convinced that their proposed oil and gas proposed regulations represent an unnecessary duplication of regulations already adopted by the Colorado Oil and Gas Conservation  Commission, and are withdrawing them.

With all due respect I am concerned that actions taken by the Board to date as I understand them, seem to indicate that Elbert County is moving toward adoption of a 60-page set of regulations, tailor-made for Elbert County, even to the point of hiring outside counsel to aid in the drafting of the document. I cannot understand (and I refer again to the Denver Post article) why the County feels the need for a set of regulations that will largely superimpose over the existing COGCC regulations

Further, we recognize that Elbert County as with most other governmental entities across the country is in a financially precarious position.  Adding the regulatory purview  of Mr.. Miller’s proposal to the county’s populace would include not only the direct costs of the consequences of the regulations as well as additional costs imposed by the mechanisms for enforcement of the regulations.  How many new employees will Miller be able to add to his department if these regulations with resultant enforcement are adopted?  It seems to me that in view of the state’s regulatory actions, the County’s tacking on of these new costs will represent a highly wasteful use of taxpayers dollars, and it’s not as if the environmental concerns of the County’s residents were being overlooked!

Finally, as an Elbert County taxpayer, I am wondering if, in the event the County decides along with the other counties to instead adopt the COGCC regulations, will the County be able to recover some of the funds being expended on the outside lawyers?!

Sincerely yours,

Marvin O. Maul
Colorado Springs, CO

CO AG warned Arapahoe

RE Arapahoe County’s proposed oil and gas regulations page 1RE Arapahoe County’s proposed oil and gas regulations page 2RE Arapahoe County’s proposed oil and gas regulations page 3RE Arapahoe County’s proposed oil and gas regulations page 4

Arapahoe County proposed Oil and Gas Zoning recently rejected

Colorado Attorney General’s Letter to Arapahoe – pdf

Note: Arapahoe’s proposed regs are 19 pages long.  Elbert County’s proposed regs run 60 pages.


The Board of Elbert County Commissioners met in a regularly scheduled meeting on September 28th, 2011: Excerpt-

Commissioner Shipper moved to approve and execute Engagement agreement between Elbert County and the law firm of Murray, Dahl, Cougenmiester and Renaud LLP regarding provision of certain special counsel service to Elbert County regarding the draft of the Elbert County Oil and Gas Regulations.

Commissioner Schwab commented on a concern, the State can overrule County Regulations and would not want to be put in this position. The only way to avoid this is to have someone with oil and gas experience review these regulations, that is reason the Board is entering into this Agreement with Murray, Dahl, Cougenmiester and Renaud LLP.

Commissioner Schwab seconded the motion, passed.

Perhaps the Elbert County BOCC should get their money back on this contract….

and consider whether we need a czar of anything around here.

Gunnison BOCC limits govt.

COGCC, Gunnison County approve MOU

“The Colorado Oil and Gas Conservation Commission and Gunnison County have approved a memorandum of understanding that memorializes the intent of both parties to work together on regulatory matters related to oil and gas development. This MOU, the first of its kind between the Commission and a county government, was approved Oct. 31, 2011.

The MOU follows several meetings between Commission staff and county officials and represents a cooperative approach designed to clarify and coordinate the regulation of oil and gas operations in a way that assists the state and provides assurance to the county and its residents that industry activity is protective of public health and the environment.”

MOU Between the Colorado Oil and Gas Conservation Commission and Gunnison County