BEFORE THE OFFICE OF THE STATE ENGINEER STATE OF COLORADO

(1)

BEFORE THE OFFICE OF THE STATE ENGINEER

STATE OF COLORADO

IN THE MATTER OF PRODUCED NONTRIBUTARY )

GROUND WATER RULES AND REGULATIONS OF

)

2CCR402-17

THE OFFICE OF STATE ENGINEER OF THE

)

STATE OF COLORADO

)

REBUTTAL STATEMENT

Pursuant to the Office of the State Engineer Notice of Proposed Rulemaking entered on

August 31, 2009, and the Third Prehearing Order, issued October 21, 2009, the Colorado

Petroleum Association (“CPA”) and Colorado Oil and Gas Association (“COGA”) by and

through their undersigned counsel, jointly submit the following Rebuttal Statement for

consideration.

COGA and CPA join in and support the Responsive Prehearing Statements of Wellington

Water Works. In particular, COGA and CPA support the arguments and authorities set forth in

the aforementioned Responsive Prehearing Statements.

a. That the State Engineer has the clear legal authority to promulgate the Rules, including

alternative rules proposed by operators

b. That the Rules and this Rulemaking provide due process;

c. That a determination by the State Engineer that a formation or field is nontributary

under these rules is binding; and

d. That any appeal of these Rules is under the State Administrative Procedure Act

COGA and CPA also join and support the Rebuttal Statement submitted by the

Proponents of the

Proposed Alternate Rule for San Juan Basin -- Fruitland Formation

to the

Joint Prehearing Statement submitted by the Colorado Environmental Coalition and Senior

Water Users.

Respectfully submitted, this 25th day of November, 2009.

By: /s/ John Paul Seman Jr.

John

Paul

Seman,

Jr.

#

18137

1660

Lincoln

Street,

Suite

1460

Denver,

CO.

80264

Phone:

720-377-0704

Attorney for Colorado Petroleum Association

(2)

By: /s/ Andrew Bremner

Ken

Wonstolen

#11090

Andrew

Bremner

#30590

Beatty & Wozniak, P.C.

216 16th

Street,

Suite

1100

Denver,

CO

80202

303-407-4499

3 CERTIFICATE OF SERVICE

I, hereby certify that on the 25th day of November, 2009, that three true and correct

copies of the above and foregoing

Rebuttal Statement

were delivered to:

Office of the State Engineer

Produced Water Rulemaking

1313 Sherman Street, 8

th

Floor

Denver, CO. 80203

With an electronic copy sent to:

and

I further certify that a copy of the foregoing

Rebuttal Statement

was electronically

delivered to the following:

Matthew Bruff Altela, Inc. 5350 S Roslyn St., Suite 430 Englewood, CO 80111 [email protected] Kent Holsinger Laura L. Chartrand Holsinger Law, LLC 104 Broadway, 3rd Floor Denver, CO 80203 [email protected], [email protected]

Attorneys for Bill Barrett Corporation; Julander Energy Co.; and Questar Market Resources, Inc.

Zach C. Miller Steven E. Marlin

Davis Graham & Stubbs LLP 1550 Seventeenth St., Suite 500 Denver, CO 80202

[email protected]; [email protected]

Attorneys for Anadarko Petroleum Company; BP America Production Company; EnCana Oil & Gas (U.S.A.) Inc.; McElvain Oil & Gas Properties, Inc.; Rosetta Resources Operating LP; and Rosewood Resources Inc.

Timothy R. Buchanan Buchanan and Sperling, P.C. 7703 Ralston Road

Arvada, CO 80002

[email protected], [email protected]

Attorneys for Centennial Water and Sanitation District; City of Boulder; Natural Soda, Inc.; North Sterling Irrigation District and Pawnee Well Users, Inc.

Mark A. Hermundstad Kirsten M. Kurath

Williams, Turner & Holmes, P.C. P.O. Box 338

200 N 6th St.

Grand Junction, CO 81502-0338

Attorneys for Chevron U.S.A. Inc.; Chevron

Midcontinent, L.P.; and Four Star Oil & Gas Company Jeffrey J. Kahn

Lyons, Gaddis, Kahn & Hall P.O. Box 978

Longmont, CO 80502

BEFORE THE OFFICE OF THE STATE ENGINEER STATE OF COLORADO