October 24, 2018

David Sirota, Reporter

Capital & Main
dsirota@capitalandmain.com
Sent via email

RE: Request for records

Dear Mr. Sirota:

The Colorado Department of Public Health and Environment (Department) is in receipt of your request for
records wherein you specifically requested the health-risk assessment referenced in the Department’s
September 15, 2016 news release entitled “New data to be used to assess health risks from oil and gas
operations.” As further described below, the requested record is being withheld by the Department as it is still
in draft form and is therefore covered by the deliberative process privilege.

Documents that are draft and records of communications that occurred to explore options and reach a final
decision are exempt from open records under the deliberative process privilege set forth in § 24-72-204
(3)(a)(XIII), C.R.S. Staff needs to engage in frank conversation to ensure decisions are informed and documents
are accurate. Disclosure of deliberative process privileged documents stifles honest and frank discussion. In
addition, providing drafts has the possibility of providing inaccurate information to the requestor.

This concludes the Department’s good faith response to your request for records.

Sincerely,
Digitally signed by
Monica Wilkerson

Monica Wilkerson, Records Liaison Officer

Office of Legal and Regulatory Compliance

cc: Mark Salley, Communications Director

4300 Cherry Creek Drive S., Denver, CO 80246-1530 P 303-692-2000 www.colorado.gov/cdphe

John W. Hickenlooper, Governor | Larry Wolk, MD, MSPH, Executive Director and Chief Medical Officer