Energy Taxes and School Construction

Energy Taxes Fund School Construction in other States

Two of our neighboring states have dedicated significant state funding to help school districts address their construction needs. The source: tax dollars collected from oil, gas, and coal extraction. Over the last four years, Wyoming has spent $1.4 billion and New Mexico has dedicated $730 million in energy tax revenue at the state level for school construction. While the West is experiencing an enormous growth in energy production and energy companies are making record profits, a window of opportunity exists for Colorado to use a similar approach to chip away at its growing school construction backlog.

Colorado’s Severance Tax

Like most other states with significant oil and gas production, Colorado imposes what’s known as a “severance tax” on the income companies receive from the extraction of oil and gas in the state. Colorado law says that when nonrenewable resources are removed from the earth, the value of these resources to Colorado is irretrievably lost. Therefore, the General Assembly established a special excise tax intended to recapture a portion of the wealth lost to the State when these natural resources are removed and sold for private profit.1

Colorado’s severance tax rate varies depending on the income earned by the oil or gas producer. However, because of various credits, exemptions, and deductions, the actual tax rate (often called the “effective rate”) has averaged about 1 percent over the past five years.2

Colorado Severance Tax Facts and Figures

Colorado is one of many Western states experiencing a boom in the energy sector. This is driven both by new drilling and by a sizable increase in the price of oil and gas. Natural gas production in Colorado has grown about 50 percent from 2000 to 2005. During that same period, energy company earnings from the sale of natural gas extracted from the state has grown nearly 300 percent.3 In 2005, oil and gas companies made nearly $10 billion from oil and gas extracted from Colorado.

Colorado’s severance tax rate is the lowest of any western state with a severance tax. For example, while Colorado’s average severance tax rate is 1 percent, in Wyoming it is 5 percent and in New Mexico, it is 6.5 percent.4 Yet residents in New Mexico do not pay more for gas at the pump or for home heating costs than Coloradans. That’s because prices for oil and gas are set by national and international markets. In fact, some residents of La Plata County—Colorado’s largest energy producing county, where gas companies earned over $3.1 billion in 2005—make the trip across the New Mexico border to buy gasoline because it is cheaper there.

Bottom Line

During this period of rising energy prices, increasing energy extraction and record energy profits, Colorado has an opportunity to invest in its future and begin to solve the problem of crumbling classrooms.


1. Section 39-29-101, Colorado Revised Statutes.
2. Report of the State Auditor – Severance Tax (June 2006).
3. Colorado Mineral and Energy Industry Activities, 2005, the Colorado Geological Survey (2006).
4. These states charge different rates for oil and gas. The oil severance tax rate is 5.1 percent in Wyoming and 6.9 percent in New Mexico. The gas severance tax rate is 4.6 percent in Wyoming and 6.5 percent in New Mexico. Colorado Legislative Council Staff memo, July 2005.