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Colorado regulators approve controversial oil and gas wells near Aurora Reservoir

Colorado regulators on Tuesday cleared the way for a controversial oil and gas project near the Aurora Reservoir, following a yearslong battle by community members to block the plan.

In a narrow 3-2 vote, the Colorado Energy and Carbon Management Commission approved the permit for SM Energy's Sunlight-Long well development plan. The decision follows more than six hours of presentations and deliberations on Tuesday, marking the culmination of at least seven public hearings regarding the site's potential impact on the surrounding area.

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The approval allows for fracking operations to move forward approximately 3,000 feet from the nearest homes. Members of the community group Save the Aurora Reservoir (STAR) have fought the proposal for three years, citing concerns over air quality, water contamination, and the long-term health of residents.

Commissioner Michael Cross, who voted in favor of the permit, noted that the project met and exceeded state requirements. As established by Senate Bill 19-181, the minimum setback for such developments is 2,000 feet.

"This is not, to me, not protective because a large number of people are opposed to it," Cross said during the hearing. "The fact of the matter is this is still more than 3,000 feet away from the nearest [residential building unit]."

However, the decision drew sharp criticism from neighbors who felt their participation in the regulatory process was ignored. In a statement to CBS Colorado, STAR representatives called the decision "shameful" and expressed a sense of betrayal by state agencies.

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"Our committed volunteers have toiled for three years to protect the health of our air, water and community. If a community is able to step up, learn about O&G in Colorado, figure out all of the agencies involved, how to be involved in these decisions, secure the advice of nationally known experts, show up en masse at every opportunity, and still have no ability to protect their families, then the system is badly broken," STAR said.

Commissioner John Messner, who voted against the permit, suggested the intense public pushback in Aurora could eventually lead to further legislative shifts in how the state handles oil and gas standards.

"I think this will create change," Messner said. "The amount of public interest, the amount of participation, is the same that ultimately created Senate Bill 19-181."

The group STAR indicated the fight is not over, telling CBS Colorado that "the people of our state are not done, and there will be repercussions."

Their full statement reads:

Save The Aurora Reservoir could not be more disappointed with the ECMC's decision. Our committed volunteers have toiled for 3 years to protect the health of our air, water and community - it wasn't just that the site is unpopular though that should carry weight, too. We put in countless hours learning the ins and outs of unconventional oil and gas extraction in Colorado.

STAR has worked within the confines of said rules, organizing a community of nearly 2,500 active citizens, fundraising over $100,000 and being legally represented at both the CAP and Sunlight-Long hearings.  If a community is able to step up, learn about O&G in Colorado, figure out all of the agencies involved, how to be involved in these decisions, secure the advice of nationally known experts, show up en masse at every opportunity, and still have no ability to protect their families, then the system is badly broken and SB19-181 has made no changes in the outcomes that impact health and safety.

Research over the last 5 years consistently shows that proximity and density are killer components to the people, wildlife and places where wellpads are allowed to exist.

This decision is shameful for the ECMC and all of the agencies that signed off on the permit. We'd like to give a particular badge of shame to the Colorado Department of Public Health and the Environment, which seems to have bent over backwards to help Oil and Gas sweep the peer-reviewed public health studies under the rug. The people of our state are not done, and there will be repercussions to this decision.

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