Challenges Opportunities CHALLENGES AND OPPORTUNITIES OF OPERATOR AGREEMENTS/MOUs: STAKEHOLDER REFLECTIONS Challenges Opportunities Use of MOUs generally Public health/safety should be regulated, not negotiated ad hoc w/regulated industry Tool to help parties meet needs where not able to achieve otherwise Negotiation process Resources/capacity imbalances Lack of public participation Piecemeal approach Predictability; option for expedited admin. process Trust/communication tool Creative, site-specific solutions (e.g., siting) Implementation & Enforcement Lack of clarity or consensus regarding mechanisms and/or type of authority for enforcing (land use code, contract, and/or by the State) Can be supported by land use enforcement authority as defining terms/conditions of siting/drilling permits Under some circumstances, can be incorporated into permit and enforceable by COGCC. Content of MOUs: BMPs and Other Provisions Can be ‘snapshots in time’ No ‘one size fits all’ Can build industry willingness for abiding by stricter BMPs Can fill state regulatory gaps