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<br />ORDINANCE NO. 1193 <br />SERIES 1995 <br /> <br />AN ORDINANCE REPEALING AND REENACTING CHAPTER 17.68 OF <br />THE LOUISVILLE MUNICIPAL CODE, ADDING REGULATIONS <br />PERTAINING TO OIL AND GAS FACILITY DEVELOPMENT, AND <br />REGULATION OF USES ADJACENT TO OIL AND GAS WELLS AND <br />AMENDING CERTAIN SECTIONS OF CHAPTERS 8.24 AND 17.16 IN <br />CONFORMANCE THEREWITH. <br /> <br />WHEREAS, it is recognized that under Colorado law the surface <br />and mineral estates are separate and distinct interests in land and <br />that one may be severed from the other and that owners of <br />subsurface mineral interests have certain legal rights and <br />privileges, including the right to use that part of the surface <br />estate reasonably required to extract and develop their subsurface <br />mineral interests, subject to compliance with the provisions of <br />these regulations and any other applicable statutory and regulatory <br />requirements; and <br /> <br />WHEREAS, the State of Colorado has a recognized interest in <br />fostering the efficient development, production and utilization of <br />oil and gas resources, and particularly in the prevention of waste <br />and protection of the correlative rights of common source owners <br />and producers to a fair and equitable share of production profits; <br />and <br /> <br />WHEREAS, owners of the surface estate have certain legal <br />rights and privileges, including the right to have the mineral <br />estate developed in a reasonable manner; and <br /> <br />WHEREAS, local governments have a recognized, traditional <br />authority and responsibility to regulate land use within their <br />jurisdiction, including use for oil and gas development; and <br /> <br />WHEREAS, pursuant to the exercise of police power, local <br />governments have a traditional authority and responsibility to <br />protect the health, safety, and welfare of persons and property <br />within their jurisdiction by regulation of activities, including <br />use for oil and gas development; and <br /> <br />WHEREAS, oil and gas resources are located under a portion of <br />the City and its growth area, and such resources are being explored <br />by mineral owners, and the City wishes to facilitate the removal of <br /> <br />1 <br />