Were Prospect Energy's Fort Collins spills withheld from public?

Click to enlarge, from http://www.fractivist.blogspot.com.

Controversy over the Fort Collins fracking ban continues as evidence comes forward regarding two spills in the Hearthfire neighborhood in northeast Fort Collins. Copies of public records describing the spills may be found on the Fractivist blog.

The controversy begin at the March 19, city council meeting when thr council considered an operating agreement with the city's only oil and gas operator -- Prospect Energy, LLC/Black Diamond Minerals, LLC. As discussed in a previous post, there was considerable confusion regarding how Prospect Energy appeared to circumvent many of the restrictions publicly discussed when the city passed it's fracking ban.

Details regarding the spills call in to question what was considered to be the stellar reputation of Scott Hall, the company's CEO. It also adds to appearance that details were intentionally concealed from the public and potentially, city council.

Environmentalists and some residents are up in arms, asking concerned residents to sign a petition and make a call. Some are even calling for a public sit in at the Tuesday, April 22, Fort Collins City Council Work Session -- a session which is not open to public comment.

Improve Fort Collins with your ideas

The city has launched Fort Collins Idea Lab, an online community engagement website where residents can participate, communicate and collaborate with City staff and other community members on a variety of issues.

Diverse perspectives create better outcomes - and better outcomes mean a great community. Not everyone has the time to participate in a city council meeting or project neighborhood meeting; Idea Lab is a place where residents can still engage on issues of interest to them, but they can do it on their schedule. Residents can share their ideas for Fort Collins and support or expand the ideas of others. The insights provided will give city leaders and project managers a sense of what the community thinks about specific topics, decisions, and discussions. Check out Idea Lab at http://www.fcgov.com/idealab

Consumer advocacy options during the contractor season

Your contractor may not realize but taking a deposit from you, could land him or her in jail.

It's common knowledge that up-front money should be limited in any contractor agreement. The Colorado Attorney General even suggests you never make a payment until some work has been completed. But given the cost of materials, it's reasonable to expect to pay a deposit on larger jobs. If contractors use this money accordingly, it generally works out fine for all parties involved.

When the deposit is spent before the supplies are purchased

Most of us have at one time or another resorted to "creative financing" when it comes to paying bills. So it's easy to understand when contractors use advanced payments to pay for other business and personal expenses. But those who misapply advance payments are violating Colorado law. The Colorado Revised Statutes (CRS) clearly state how money paid to contractors in advance of work may be utilized. The CRS states:

"All funds disbursed to any contractor under any building, construction, or remodeling contract or on any construction project shall be held in trust for the payment of the subcontractors, laborer or material suppliers for which such disbursement was made. Any person who violates this provision commits theft." [Abbreviated, from section 38-22-127.]

In other words, your money must be held and used for the sole purpose of completing your project.

Oil & Gas bills currently under consideration at the Colorado Legislature

Oil well in Frederick, CO.

A summary of bills currently under consideration at the capital. Do you agree/disagree? Is there a different issue you'd like to see addressed?

Concerning the Reporting of Oil Spills
HB13-1278
Fiscal Notes

This bill requires an oil and gas operator to report, within 24 hours of discovery spills of oil or exploration and production waste of one barrel (31 U.S. gallons) or more, or the equivalent of one barrel or more. The spill must be reported to the Colorado Oil and Gas Commission (COGCC), the local jurisdiction responsible for emergency response, the surface owner, and owners of land adjacent to the spill.

Cunniff distances himself from $48K campaign investments

City Council Candidate Ross Cunniff.

Calling it an "attempt to buy the local election," Candidate Ross Cunniff is trying to further distance himself from the National Association of Realtors/Fort Collins Board of Realtors (FCBR) investment of $48,500 in the local election. Cunniff was a recipient of a small portion of these funds and he's been actively posting his response to this issue on today's Coloradoan and other sites (including our own).

Reporter Kevin Duggan may have been aware of this issue since as early as March 14. On March 17, an editorial by FCBR's Clink Stutchen appeared in the Coloradoan, explaining the purpose of this investment. On March 24, in today's Coloradoan, Duggan skimmed over concerns expressed by several in the community, which may be the motivation behind Cunniff's recent engagement.

The primary point of contention is that $48K equals roughly half of all other contributions -- combined. This dwarfs individual donations and places opposing candidates at a significant disadvantage. Why does today's story inadequately address this issue and why did it take so long to appear?

• Cunniff's letter 
• Today's Coloradoan story 
• Clint Skutchen's editorial

Confusion over the Fort Collins fracking ban; information incomplete

Map of impacted areas.

In the midst of cameras and microphones, which resulted in national press, the Fort Collins City Council passed a fracking ban with some exemptions for our existing operator.  With little public attention, the Prospect Energy Operating Agreement came to city council's table. The resulting discussion signaled confusion over what was actually passed in the ban.

A small contingent of citizens express concerns ranging from wanting an absolute ban to uncertainty over specifics such as fracking chemicals used and well pad exemptions. Comments from council members following the Citizen Participation established that council members were not previously briefed on an area referred to as the “UDA,” or "Undeveloped Acreage" – the apparent source of misunderstanding.

National Association of Realtors throws $48k into local race

What are they hoping to buy?

Admittedly, candidates can't control who and what is contributed to their campaign. But in a city where citizens are limited to $100 contributions for mayor and $75 contributions for other council members, how is it that non-local organizations can contribute thousands of dollars to support the campaigns of local candidates?

Reports on file with the Fort Collins City Clerk indicate the National Association of Realtors has contributed $23,870 to support Weinkunat, $11,396 to support Campana, $11,396 to support Stockover and $1,868 to support Cunniff. A representative of the city clerk's office stated that "Independent Expenditures" are often used to support issues on the ballots but it is "not typical" to see them in support of candidates.

The amount given to support Weinkunat seems particularly out of line when you consider her opponent has raised only a few hundred dollars to finance his whole campaign (see Campaign Finance Reports).