University of Colorado at Boulder
BMP of Oil and Gas Development

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Citation Label: CO120
Publication Name: City and County of Broomfield Oil and Gas Operator Agreement, Sovereign, draft 2013
Publication Type: MOU/MOA
Section Name:
Author Name: City and County of Broomfield
Other Authors: Sovereign Operating Company, LLC
Contractor Name:
Publication Year: 2013
Publication No.:
External Link:

http://www.broomfield.org/documentcenter/view/5238

Local Source File: CO120_MOU_City_County_Broomfield_Oil_Gas_Operator_Agreement.pdf
Annotation: This is an Operator Agreement (memorandum of understanding/MOU) [draft August 2013] between the city and county of Broomfield, Colorado and Sovereign Operating Company, LLC regarding fostering a balanced approach to oil and gas development that is protective of public health, safety and welfare, including the environmental and wildlife resources.
Required vs.
Recommended:
Required, except as expressly excluded for existing facilities -- "3. The Operator’s Best Management Practices (“BMPs”) within City Limits. The Operator shall include the BMPs listed in Appendix A, attached hereto and by reference made a part hereof, on all Applications for Permit-to-Drill, Form 2, and Oil and Gas Location Assessments, Form 2A, submitted to the Commission for a “New Well” on the Well Sites. Such BMPs shall also be a condition of approval to be issued by the City and the conditions shall be enforceable against the Operator pursuant to the City code. The BMP5 shall apply to all New Wells and Refiled Wells drilled by the Operator on the Well Sites, while this Agreement is effective." (page 5) and "5. Operations on Existing Facilities….The Operator shall also apply BMP5 identified in Appendix A, except as expressly provided in that Appendix." (page 7)
Ownership: Federal, State, private -- The MOU applies to specific well sites within the city limits, apparently without regard to surface or mineral ownership. "10. Agreement Limited to Well Sites. This Agreement applies only to operations at the Well Sites and to New Wells drilled at the Well Sites during the Term of this Agreement and does not apply to any operations at locations other than the Well Sites." (page 10) See also: "c. “Existing well” shall include the wells already existing on the Well Sites, including any production facilities directly associated with such well, and its associated well pad, insofar as it covers lands located in the City limits, except to the extent such facilities constitute all or part of a New Well under this Agreement. … e. “New Well” shall mean any Operator well during the term of this Agreement and located on the Well Sites, including any new or expanded production facilities directly associated with such well, and its associated well pad, insofar as it covers lands located in the City limits." (page 4)