Drafters to tighten language on strict liability after legal review of oil-and-gas measure

In the April 2 review, staff summarized proposed initiative 3-13, which would impose strict liability on operators, owners, or producers for damages resulting from oil-and-gas operations. Staff recommended several substantive drafting changes to reduce confusion and legal risk.

Claire Hafner of the Office of Legislative Legal Services advised the drafters that definitions in title 34 of the Colorado Revised Statutes apply across article 60 and suggested removing duplicate definitions in the initiative where they conflict with statutory language. Staff specifically flagged that the initiative’s working definition of strict liability could be read differently than existing statutory or criminal-code definitions and recommended either removing the local definition or explicitly citing the appropriate statutory section for clarity.

Staff also noted that subsection wording that appeared to treat strict liability and negligence together was redundant and might cause interpretive problems; staff advised striking or reworking those subsections. Proponents said they would strike the confusing subsection and rework the provision so it states that strict liability applies to operators rather than using phrasing that created internal inconsistencies.

Staff cautioned about retroactive application and contract-impairment risks if the measure were interpreted to create obligations for conduct before the effective date; the proponents agreed to include an applicability clause that would apply the measure to conduct and contracts entered into on or after the effective date.

There was no formal vote. Proponents committed to revising the draft to align definitions with existing statutes and to clarify the scope and applicability of strict liability.