A citizen-led referendum challenging Erie’s controversial mineral rights agreement cleared its first major hurdle Tuesday after the Town Clerk determined the petition contains enough valid signatures to continue through the referendum process.
The petition required 1,399 valid signatures from registered Erie voters. In an initial statement of petition sufficiency, Town Clerk Debbie Stamp determined the petition contains more than 1,533 valid signatures, triggering the next phase of the process—a statutory protest period before the Town issues a final determination. Town spokesperson Gabi Rae said the protest period has now opened and confirmed that, because organizers submitted signatures ahead of the deadline, “there is indeed a possibility that all timing could align for the November ballot.” She added that the Town is continuing to work through the requirements outlined in the Erie Home Rule Charter and Colorado law.
The referendum challenges Ordinance 028-2026, approved June 23, which authorizes the Town to exchange a portion of its town-owned mineral rights with SM Energy subsidiaries in return for approximately 158 acres in Weld County, $4.5 million, a future royalty interest and additional commitments related to the Draco Pad development, including plugging certain wells and granting Erie routine inspection rights at the site.
Much of the momentum behind the referendum stems from the decision by four council members—Mayor Andrew Moore, Mayor Pro Tem Brandon Bell, Councilmember Brian O’Connor and Councilmember John Mortellaro—to negotiate the mineral rights agreement in executive session, outside of public view. Supporters of the petition have said they believe Erie voters should have the opportunity to decide whether the Town should sell its publicly owned mineral rights. The agreement approved in the 4-3 vote also conveyed mineral rights beneath certain open space that could otherwise have been claimed by the Town.
Organizer Emily Brecht said surpassing the signature requirement in just 17 days demonstrates how strongly residents feel about having a voice in the decision.
“I think that speaks to how eager the people of Erie are to bring the referendum to the ballot,” Brecht said. “Based on my conversations with a lot of signers, I think the referendum is also a demand for transparency and accountability in our leadership. People are not happy with how the town managed the deal and its subsequent vote.”
Brecht said organizers accelerated their signature drive after learning the timeline for qualifying for the November election was narrower than they had originally understood. While organizers do not control whether the measure ultimately appears on the November ballot, Brecht said they worked to ensure they met the earlier timeline and continued collecting signatures even after submitting enough to meet the threshold.
When asked what motivated residents to sign, she said there was no single reason, but one theme consistently emerged.
“What I hear the most from residents is that they care about Erie,” Brecht said. “They care about its future and they want to have a voice in it.”
Brecht described the petition effort as an entirely grassroots campaign organized by residents who wanted to give voters the opportunity to weigh in. She said many residents were surprised to learn that Erie’s Home Rule Charter allows residents to challenge an ordinance through the referendum process if enough signatures are collected within 45 days.
“Most people didn’t know that it was possible to bring an ordinance that’s already been passed by the Town Council to a public vote,” Brecht said. “It’s part of the checks and balances of our local governance.”
The petition does not seek to stop the Draco Pad project. Instead, it asks the Town Council to repeal Ordinance 028-2026 or submit the ordinance to Erie voters for approval. If the petition survives the protest period and receives a final determination of sufficiency, the Town Council will proceed according to the requirements of the Erie Home Rule Charter and state law.
“I’m not in the business of changing people’s minds about the deal. I’m there to give them the opportunity to vote on it,” Brecht said.
She said organizers view the petition as an opportunity to let residents decide the future of one of the most closely watched decisions in recent Town history.
“We did our part to give it a chance,” Brecht said. “Ultimately, every voter should be able to decide for themselves whether or not to repeal the deal.”
Link here for past Yellow Scene coverage of Erie Mineral Rights.
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