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Energy and Carbon Management Commission stays decision on two competing oil-and-gas plans until Nov. 4

October 02, 2026 | Energy and Carbon Management Commission, Governor's Boards and Commissions, Governor's Office, Executive, Colorado


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Energy and Carbon Management Commission stays decision on two competing oil-and-gas plans until Nov. 4
Chair Robins opened the Energy and Carbon Management Commission's Sept. 30 virtual meeting and introduced two contested oil-and-gas matters, ECMC dockets 250300040 and 241200311, with applicants identified in the record variously as Verdad and Red Hawk Petroleum.

After a round of deliberations in which several commissioners said each plan might be approvable standing alone but not both together, Robins moved to stay consideration of the dockets to allow the parties time to address the commissioners' downhole and correlative-rights concerns. "We stay this matter until November 4," Robins said.

Commissioners outlined competing procedural options: deny both applications now, which would send operators back to reapply and could take years, or pause the proceeding for a short, defined period to allow the parties to respond. Commissioner Messner said he had evaluated the OGDPs and concluded "both applications should be denied" because, in his view, neither met subsurface or cumulative-impact requirements under the applicable rules and statute.

Commissioner Cross said the applications might be protective in isolation but that approving both would create subsurface conflicts and correlative-rights problems; he noted testimony with production estimates and recovery figures that informed his concern. Commissioners voted on the stay: four commissioners supported the continuance and one expressed a reluctant opposition. The commission set the matter to return no sooner than 9 a.m. on Nov. 4.

The motion to stay follows an earlier unanimous vote to enter an executive session to receive legal advice on the two dockets. The record shows the commission received legal advice and returned to public session to vote on the procedural continuance; AAG Boudreaux told the commission legal counsel had been provided and that no deliberations or votes occurred during the confidential session.

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