1. 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