Though Harber owns the mineral rights to the well, the 1980 lease pre-exists his ownership of the farm, and he has no right to terminate it. The situation changed in 2022 though, when the operator of the well, Littleton-based oil and gas company Phoenix Resources LLC, stopped paying royalties to Harber. Even when oil and gas wells are inactive, they can continue to release potentially dangerous pollutants into the air, soil and groundwater, like methane and benzene, a documented carcinogen. To successfully induct Futhey #2 into the Orphan Well Enterprise, Harber had to secure a signed Stipulated Order Finding Violation from Phoenix Resources, which confirms or denies the accuracy of violations alleged by ECMC Staff. The SOFV was put before a hearings officer on Feb. 26, which found that of Phoenix Resources’ 18 wells in Colorado, four failed final reclamation and the rest do not have any reclamation status.