OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

Town Council Study Session on Mineral Rights Sale - June 2, 2026

Town CouncilTuesday, June 2, 2026
BodyErie, Colorado
SessionTown Council
DateTuesday, June 2, 2026
StatusFILED
Video Record
0:00 / 1:57:51

Transcript — Verbatim
1:06

All right, with that, I'm gonna call to order the town council meeting on June 2nd, 2026.

1:12

This is a study session, and we have one item to discuss tonight, and that is the potential sale of the town's mineral rights.

1:19

Um and with that, I've got a few comments uh logistically that'll probably be um important to many people here.

1:27

First, um we're not gonna be making any decisions tonight.

1:31

Um if we come we come out of the study session and we um and there's no major changes or anything, it will come back to us on June 16th for discussion, public input, and a decision would be uh made at that particular meeting.

1:46

The terms of the agreement were settled today, and so um it is back in our attorney's hand.

1:53

Um who will be looking through it um tomorrow.

1:56

Uh the goal is to publish the actual agreement as soon as that's possible with a an ability to put questions attached to it so that we can gather additional um feedback from the community on the actual agreement.

2:10

We're also working on a QA document uh for all the questions that have been asked.

2:14

It'll be updated based upon the discussion here tonight.

2:17

Uh so the goal is to also get that published this week as well.

2:21

Um for tonight's meeting.

2:23

Um we are also gonna have the opportunity for the audience to ask questions that have not already been asked.

2:30

And so uh Debbie is here, she's got uh note cards or posted, she's gonna hand them out.

2:36

And what I'd like you to do is write down your questions, even write them down now, one question per per card.

2:43

And then when we get to the end of the meeting, I'll ask, are you holding any questions that were not asked tonight?

2:50

And if um they weren't asked, then we'll collect those and we'll do our best to work on that and get those answered tonight as well.

2:58

Okay, with that, I think I'd like um everybody at the table here to introduce themselves tonight.

3:03

Maybe the council members can just also say what district um you represent.

3:07

Um and then uh we'll launch into the presentation uh with Mr.

3:10

Franks.

3:12

John Mortalaro, uh council member district one.

3:17

Matt Owens, I'll meet a mineral advisors.

3:20

John Sullivan, Sullivan Green, TV Jarvis.

3:23

Outside counsel for the town.

3:27

Council member district two.

3:36

Uh David Frank, I'm the director of environmental services for the town of Erie, and I'm also a resident of district two.

3:46

Brian O'Connor, Council Member District Three.

3:52

All right, and if I didn't say it earlier, I'm answering more on the mayor of the town.

3:56

All right, with that, I'll turn it over to Mr.

3:58

Frank.

3:58

All right, uh, thank you so much, Mayor and Council members.

4:02

Uh so uh this will be a lot of this material is is the same as we discussed a couple of weeks ago uh in the open question and answer format.

4:11

Um but we want to review it here again.

4:14

Uh there's also a lot of new information.

4:16

Um thank you, John and Brina for making some of this available uh this afternoon.

4:22

So um quick quick recap.

4:26

Uh I first heard uh about Draco probably would have been early to mid-2023.

4:32

Um obviously uh there was a lot of work by the operator um well before um I or Weld County uh heard of that, but I was informed that there was an application uh to Weld County for a facility just outside of Erie.

4:48

Um that began conversations with uh then civitas, uh now SM Energy Um about what that facility would look like.

4:55

Um what engineering control would be present, uh etc.

5:01

Well County heard that application in February of 2024.

5:07

And then it was brought to ECMC that fall.

5:11

So October, November of 2024.

5:15

They ultimately made a stay.

5:19

Oh, sorry.

5:19

The Energy and Carbon Management Commission, formerly COGCC, the Colorado Oil and Gas Conservation Commission.

5:29

It's the portion of the Department of Natural Resources at the state of Colorado that oversees oil and gas regulation and production.

5:52

And that is the permit to construct and operate the surface facility, which is which included 26 wells, associated separators, other equipment at that location, which is just outside of Erie's municipal boundary.

6:09

After that, then the state's procedure is uh is to then get into the what happens underground, and that's through a form two, uh, which is an application for permit to drill.

6:23

Those have not yet been filed because prior to those being filed, you have to go through what is called pooling, which is to pool the mineral interests that was defined in the spacing unit.

6:36

Um, obviously, oil and natural gas are liquids and they flow.

6:41

So it's not like hard rock mining where you can mine this property and not that one.

6:46

There's a certain area of influence to these wells.

6:49

Uh, and so in the state of Colorado, other states do this differently, but in Colorado, um, within the spacing unit, the operator is obligated to demonstrate that at least 45% of the mineral interest is uh either within either owned by the operator or leased to them.

7:10

Uh sometimes that's through a sub-lease from another oil and gas company or or uh mineral rights holder.

7:17

Once you've achieved the bar of 45%, uh the other up to 55% can be what's called force pooled, uh, provided that they have been offered fair lease terms.

7:31

So everyone with mineral rights has to have been given the opportunity to lease or sell their minerals.

7:37

Um if they decide, hey, these lease terms aren't aren't good enough, or for principled reasons, I don't want to sign this agreement, then you can be what's called force pooled, which is um there is a standard agreement that the state of Colorado has defined that says these are the terms under which your mineral rights will be produced and you will be compensated.

8:01

In January of 2024, legislation went into effect in the state of Colorado, which restricts uh force pooling of local government owned minerals within the jurisdictional boundary of that local government.

Discussion Breakdown — Share of Meeting
Oil And Gas Regulation█████████████████████████████████████████████68%
Procurement Process█████████13%
Planning And Development████6%
Environmental Protection████6%
Procedural██3%
Water And Wastewater Management2%
Public Safety1%
Fiscal Sustainability1%
Summary of Proceedings

Town Council Study Session on Mineral Rights Sale - June 2, 2026

The Erie Town Council held a study session to discuss the potential sale of the town's mineral rights within the Draco spacing unit. No decisions were made; the agreement will be considered for approval at the June 16, 2026 public meeting. The session included a presentation by David Frank, Director of Environmental Services, and expert commentary from Matt Owens of Alameda Minerals and legal counsel John Sullivan.

Presentation and Background

  • David Frank provided an overview of the Draco project: 26 wells drilled 7,500-8,000 feet deep with laterals extending up to 5 miles west. The facility is located just outside Erie's municipal boundary.
  • The town owns approximately 183 acres of mineral rights within the spacing unit: 103 acres currently unleached and 80 acres already leased. The unleached portion (about 2.7% of the unit) cannot be force-pooled under state law (SB 181), giving the town leverage.
  • Negotiations with SM Energy (formerly Civitas) concluded. The proposed agreement includes:
    • Sale of the town's mineral rights in the Niobrara and Codell formations within the Draco spacing unit.
    • Plugging and abandonment of 17 legacy wells within 5 years (plus 22 already required by the state permit).
    • Transfer of three parcels totaling ~158 acres near County Line Road (appraised at ~$13.5 million).
    • Upfront cash payment of $4.5 million.
    • 2% royalty on all production from the Draco pad, estimated at ~$17 million over 20+ years (most in first 10 years).
    • Town inspection access: monthly during drilling/frac, quarterly during production.

Council Questions and Discussion

  • Avoidance Scenarios: If the town does not sell, SM Energy could avoid the town's minerals by drilling around or through them without fracking, but the legal and engineering feasibility is uncertain. The town's subsurface easement would be required to drill through town-owned property.
  • Competitive Bidding: Council members raised concerns that the contract with Alameda Minerals required a competitive bidding process, which was not conducted. Town staff confirmed this violated the town's purchasing policy; corrective measures are being implemented.
  • Environmental and Safety: Discussion covered potential surface impacts (induced seismicity, water contamination) but noted no documented cases in Colorado from hydraulic fracturing. The town will conduct a Phase II environmental assessment within 50 days of a signed agreement.
  • Valuation: The deal's total value includes cash, royalties, and land (with future development potential estimated at $46-209 million over 30 years). Council debated whether the non-monetary benefits (plugging wells, land acquisition) justified the sale over leasing.
  • Legal Authority: The sale requires an ordinance, not a supermajority. The town retains mineral rights in formations above or below the Niobrara and Codell.

Key Outcomes

  • The council will reconvene on June 16, 2026, to consider an ordinance approving or rejecting the agreement. Public input will be taken.
  • The final agreement and a Q&A document will be published on the town website by the end of the week.
  • No vote was taken at this study session.

Meeting Transcript

All right, with that, I'm gonna call to order the town council meeting on June 2nd, 2026. This is a study session, and we have one item to discuss tonight, and that is the potential sale of the town's mineral rights. Um and with that, I've got a few comments uh logistically that'll probably be um important to many people here. First, um we're not gonna be making any decisions tonight. Um if we come we come out of the study session and we um and there's no major changes or anything, it will come back to us on June 16th for discussion, public input, and a decision would be uh made at that particular meeting. The terms of the agreement were settled today, and so um it is back in our attorney's hand. Um who will be looking through it um tomorrow. Uh the goal is to publish the actual agreement as soon as that's possible with a an ability to put questions attached to it so that we can gather additional um feedback from the community on the actual agreement. We're also working on a QA document uh for all the questions that have been asked. It'll be updated based upon the discussion here tonight. Uh so the goal is to also get that published this week as well. Um for tonight's meeting. Um we are also gonna have the opportunity for the audience to ask questions that have not already been asked. And so uh Debbie is here, she's got uh note cards or posted, she's gonna hand them out. And what I'd like you to do is write down your questions, even write them down now, one question per per card. And then when we get to the end of the meeting, I'll ask, are you holding any questions that were not asked tonight? And if um they weren't asked, then we'll collect those and we'll do our best to work on that and get those answered tonight as well. Okay, with that, I think I'd like um everybody at the table here to introduce themselves tonight. Maybe the council members can just also say what district um you represent. Um and then uh we'll launch into the presentation uh with Mr. Franks. John Mortalaro, uh council member district one. Matt Owens, I'll meet a mineral advisors. John Sullivan, Sullivan Green, TV Jarvis. Outside counsel for the town. Council member district two. Uh David Frank, I'm the director of environmental services for the town of Erie, and I'm also a resident of district two. Brian O'Connor, Council Member District Three. All right, and if I didn't say it earlier, I'm answering more on the mayor of the town. All right, with that, I'll turn it over to Mr. Frank. All right, uh, thank you so much, Mayor and Council members. Uh so uh this will be a lot of this material is is the same as we discussed a couple of weeks ago uh in the open question and answer format. Um but we want to review it here again. Uh there's also a lot of new information. Um thank you, John and Brina for making some of this available uh this afternoon. So um quick quick recap. Uh I first heard uh about Draco probably would have been early to mid-2023. Um obviously uh there was a lot of work by the operator um well before um I or Weld County uh heard of that, but I was informed that there was an application uh to Weld County for a facility just outside of Erie. Um that began conversations with uh then civitas, uh now SM Energy Um about what that facility would look like. Um what engineering control would be present, uh etc. Well County heard that application in February of 2024. And then it was brought to ECMC that fall. So October, November of 2024. They ultimately made a stay. Oh, sorry. The Energy and Carbon Management Commission, formerly COGCC, the Colorado Oil and Gas Conservation Commission. It's the portion of the Department of Natural Resources at the state of Colorado that oversees oil and gas regulation and production. And that is the permit to construct and operate the surface facility, which is which included 26 wells, associated separators, other equipment at that location, which is just outside of Erie's municipal boundary. After that, then the state's procedure is uh is to then get into the what happens underground, and that's through a form two, uh, which is an application for permit to drill.

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