New oil and gas drilling in Southeast Denver would threaten wildlife that is already at risk

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Dear Nature Net Group,

I am reaching out to see if anyone would be interested in helping bring media attention to a critical issue involving the proposed 166-well CAP at the Lowry Range. This project impacts key wildlife, including Tier 1 and Tier 2 SWAP species, and raises significant concerns about compliance with Colorado SB19-181.

As Colorado Parks and Wildlife (CPW) was considered by the then Colorado Oil and Gas Conservation Commission (COGCC) (both under the Division of Natural Resources or DNR) as the state’s primary expert during the oil and gas rulemaking, the crafting of the 1200 Series Wildlife Rules showed full deference from the Commissioners and the COGCC to CPW. However, over a third of the SWAP species advised by CPW managers were excluded from any protection under the 1200 Series Rules.

The language and intent of SB19-181 mandates that the ECMC Commissioners protect our state’s wildlife. However, many Commissioners seem to interpret their role as protecting only those species listed in the rules or those with defined high priority habitat (HPH) buffers or restrictions.

The Lowry Range, encompassing 60 square miles of rich habitat closed to public access for decades, is one of the most diverse wildlife habitats in the NE Colorado Front Range. Species at Lowry include Burrowing Owls (Tier 1), Northern Leopard Frog (Tier 1), Northern Pocket Gopher (threatened), Swift Fox, nesting bald eagles (Tier 2), an important pronghorn wintering area, and a rich songbird habitat.

Despite CPW considering species like Burrowing Owls and Northern Leopard Frogs as their highest concern (Tier 1), these species were not included in the Oil and Gas Rule language at CPW’s recommendation. This omission likely means they will not be granted protection from the extensive oil and gas development planned for Lowry.

The decision by CPW to exclude their highest Tier species from Rule language and listing is deeply concerning and difficult to comprehend. For the ECMC to omit these species from protection at Lowry appears to contradict standing law and would legally be considered arbitrary and capricious.

I have discussed this matter in detail with a well-respected environmental attorney, who agrees that these species deserve protection under the law and should be argued for during the permitting hearing. However, even the attorney representing Save the Aurora Reservoir (STAR) has no interest in arguing for any species not listed in the oil and gas rules.

We need a well-recognized conservation voice or group for wildlife to bring this to the attention of Colorado’s more discerning media outlets. If you are interested, please contact [email protected] from Front Range Eagle Studies.

Thank you for your attention to this urgent matter.

Best regards,

Dana Bove