Huerfano County: Shell fails to convince the Division of Water Resources that produced water is non-tributary

August 9, 2014

coalbedmethanefieldslower48statesviaagiweborg

From The Pueblo Chieftain (Chris Woodka):

An oil company’s claim for underground water near Gardner in Huerfano County was rejected last month by the state.

Shell Oil argued produced water from planned drilling is non-tributary, meaning it could be claimed for other uses. Produced water refers to excess water that nearly always accompanies oil and gas drilling operations.

But the Colorado Division of Water Resources said Shell failed to prove its case, in an initial report. Shell has until Aug. 22 to appeal the finding.

Shell’s consultant, AMEC, failed to consider local geologic factors that connect as well as separate the deep Niobrara shale formation with the natural stream system, according to a decision written by Ralf Topper and Matthew Sares of the hydrogeological services section of the division.

Shell’s application was opposed by Citizens for Huerfano County, a group of about 450 local residents and 600 total members that advocates for clean water and air.

“We’re contending that the water is connected because of the vertical dikes in the particular geology of the area,” said Jeff Briggs, president of the citizens group.

Shell made the claims for water underlying three 25,000-acre tracts known as the Seibert, State and Fortune federal units. It plans to drill 7,000 feet deep with horizontal fracturing at a depth of 5,000 feet.

That plan troubles area residents because of past contamination from drilling, Briggs said.

“We feel the state Legislature and executive branch have tried to facilitate as much oil and gas exploration as possible,” Briggs said. “I think what we are saying is that the decision by all levels of government and the oil and gas industry to go all in on fracking was economic and political and not scientific or medical.”

However the Huerfano County decision might not have statewide implications because it applies to specific geologic conditions found in the Spanish Peaks area.

A nontributary designation has advantages for a driller, because containing produced water for either direct use, treatment or deep injection would not require finding other sources to augment stream depletions

More coalbed methane coverage here.


‘Colorado Supreme Court rules against holders of vested water rights inside and outside of an Indian reservation’ — Lexology

February 20, 2014
Non-Tributary coalbed methane SW Colorado via the Division of Water Resources

Non-Tributary coalbed methane SW Colorado via the Division of Water Resources

From Lexology (Daniel C. Wennogle):

In 2010 a group of water rights holders in Colorado raised a constitutional challenge to certain rules promulgated by the Colorado State Engineer’s Office regarding the designation of certain ground water resources as “nontributary.” The particular groundwater resources were located, in part on an Indian reservation, and the State Engineer’s determination was a part of an effort to promulgate rules regarding the permitting and regulation of oil and gas wells that extract groundwater in Colorado.**

The rule in dispute, referred to as the “Fruitland Rule,” was part of a set of “Final Rules” promulgated by the State Engineer under its authority granted by HB 09-1303, codified at C.R.S. § § 37-90137, 37-90-138(2), and 37-92- 308(11) (C.R.S. 2009). The Fruitland Rule related to underground water in a geologic formation called the Fruitland Formation, which extends into the Southern Ute Indian Reservation. The Final Rules, which included the Fruitland Rule, contained a provision stating:

These rules and regulations shall not be construed to establish the jurisdiction of either the State of Colorado or the Southern Ute Indian Tribe over nontributary ground water within the boundaries of the Southern Ute Indian Reservation as recognized in Pub. L. No 98-290, § 3, 98 Stat. 201 (1984).

The Plaintiffs argued that the above-quoted provision in the Final Rules effectively divested the State Engineer from having jurisdiction to, among other things, designate water as nontributary in its rulemaking process. The trial court had agreed with this position, and stated that the State Engineer did not prove its authority. The Court of Appeals, however, reversed and held that the State Engineer’s authority came from HB 09-1303, which “authorized the State Engineer to promulgate the Final Rules to delineate nontributory groundwater extracted in oil and gas production throughout the state” of Colorado.

The Court of Appeals held that nothing about the above- quoted statement in the Final Rules did or could divest the State Engineer of this authority.

The Court of Appeals noted that its decision would not prevent a constitutional challenge to the Fruitland Rule based upon discriminatory application, if facts warranted.

More coalbed methane coverage here and here.


‘The Front Range is thirsty. They want our water, and they’ve taken it’ — J. Paul Brown

November 11, 2013
Durango

Durango

From The Durango Herald (Brandon Mathis):

…La Plata County sheep and cattle rancher J. Paul Brown addressed a crowd of about 40 people at Christina’s Grill & Bar on Saturday morning to announce his plans to retake the House seat he lost by two percentage points in 2012 to Durango attorney Mike McLachlan. He called the district, which includes La Plata, Archuleta, Hinsdale, Ouray and a portion of Gunnison counties, one of the most beautiful places in the world and one of great importance to the state and nation.

“We are the pull of all of Colorado,” he said. “Tourism, mining, gas and oil, hospitals. It’s a wonderful district.”

While Brown, a Republican, said he is not yet ready to propose specific legislation, he did say he had a long list of issues and possible bills…

“Water is an issue here, and it always will be,” he said. “The Front Range is thirsty. They want our water, and they’ve taken it.”

Brown mentioned water-storage initiatives to keep water on the Western Slope and in the state.

“Six hundred thousand acre feet of water just went to Kansas and Nebraska,” he said. “That’s our water – we just don’t have any way to keep it.”[...]

La Plata County Planning Commissioner and beef rancher Wayne Buck supports Brown’s ideology. He called Brown a politician of moral fiber and character.

“He’s honest, and Lord knows we need honest politicians in Denver and in Washington, D.C.,” Buck said.

From The Denver Post (Kurtis Lee):</p.

Steve House, a healthcare consultant from Brighton, will announce his candidacy for governor Monday in Adams County…

House is now among five Republicans vying to unseat Democratic Gov. John Hickenlooper in 2014. Sen. Greg Brophy of Wray, Secretary of State Scott Gessler, former state Sen. Mike Kopp and former U.S. Rep. Tom Tancredo have all announced their candidacies for governor.

More 2014 Colorado Election coverage here.


Coalbed Methane: ‘The reason I go to meetings like this is so someone might listen to me’ — Brett Corsentino

April 27, 2013

coalbedmethaneproductionearthjustice.jpg

From The Pueblo Chieftain (Chris Woodka):

For most of two days, Brett Corsentino sat quietly listening to theoretical discussions about the relationship of oil and gas drilling to water. For him, however, there is a much more direct and personal link. Toward the end of the Arkansas River Basin Water Forum, he spoke up about how he believes gas drilling has brought tainted water from under the ground and to the surface, where it ruined his land. He also feels he has hit a brick wall trying to get the state to make things right. “The reason I go to meetings like this is so someone might listen to me,” Corsentino said.

Instead, he got into a public argument with Peter Gintautas, an environmental protection specialist from the Colorado Oil and Gas Conservation Commission. “We have a difference of opinion over whether remediation on my land has failed,” Corsentino said. “Not a single representative from COGCC has come out to verify that remediation has taken place.”

“The agency has taken its final action, and offered other courses of action if you disagreed with staff,” Gintautas replied.

For Corsentino, it was another in a long string of disappointments. A fourth-generation dairy farmer, he milks about 400 head of cattle and employs 14 at his dairy east of Walsenburg. Over nearly a decade, beginning in 1998, Petroglyph Energy pumped about 100,000 acre-feet of highly saline water into the Cucharas River while exploring for gas. The company agreed to some remediation by supplying gypsum to reduce salinity, but Corsentino still is dealing with the damage. “They say it will take time and a lot of water to reverse the damage. I don’t have either,” Corsentino said, while giving a windshield tour of the 300 acres of fields that lie fallow.

A reservoir above the fields is dry, partly because of a three-year drought, but also — Corsentino believes — because the gas drillers took so much water out of the aquifer. He also blames poor water quality for low resistance to tuberculosis, which infected his entire herd a few years ago. He is now building a new herd. “This problem continues and I just want to know what a person is supposed to do,” Corsentino said.

From The Pueblo Chieftain (Chris Woodka):

Two tables side-by-side outside the meeting room at the Arkansas River Basin Water Forum this week told the story. One table featured an array of handouts touting the benefits of produced water, monitoring programs by Norwest on behalf of Pioneer Natural Resources and pleas for science-based watershed protection. The other counteracted the display next door with informational handouts from groups that highlighted the dangers of fracking, warned about health concerns from produced water and expressed alarm at how much water could be used.

Inside the meeting room, proponents and opponents of gas drilling shared the stage. “There are issues of water quality and quantity,” said Alan Curtis, a partner in the White-Jankowski law firm, who highlighted the dangers of oil and gas drilling. Locally, those include wells that had exploded, caught fire or have caused pollution. The current practices of oil companies involve using large amounts of dangerous chemicals that companies try to downplay by talking about percentages, he said. White-Jankowski, in the 2009 Vance v. Wolfe case, obtained a Supreme Court ruling requiring the state engineer to administer oil and gas wells in the same way that water wells are regulated.

From other presentations, it became clear that state regulation is fragmented when it comes to water and gas drilling. In one session, staff members of the Division of Water Resources and Colorado Oil and Gas Conservation Commission were unable to answer some questions from local concerned citizens, because they involved the Colorado Water Quality Control Commission instead.

Industry spokeswoman Sarah Landry sought to dispel “myths” about fracking, saying hydraulic fracturing of oil and gas wells goes back to 1947. She said the chemicals used in the process are the same type as found in most households. While some opponents say there are hundreds of potentially harmful chemicals in use, less than a dozen might be employed at any given drilling operation, she explained.

More coalbed methane coverage here and here.


‘They ruined my way of life, and the state agencies turned a mute ear to my complaints’ — Brett Corsentino

March 17, 2013

coalbedmethaneproductionearthjustice

From The Pueblo Chieftain (Chris Woodka):

The damage to farm ground caused by water released from gas wells has been lasting while state protection has proven elusive for Huerfano County dairy farmer Brett Corsentino. “I can’t raise feed and I can’t hold anyone accountable. The bottom line is that the state agencies failed to protect me,” Corsentino said. “It’s all about the money these gas companies have. There’s no way to pierce the corporate veil.”

Corsentino farms is in the Cucharas River basin, which is north of the Apishapa and Purgatoire river basins where oil and gas exploration is most active in Southern Colorado. Pioneer Energy and XTO Energy are active in the lower watersheds. They are engaged in studies to show the water quality is sufficient in some cases for release into streams. Some landowners in the Apishapa and Purgatoire watersheds have asked the Colorado Department of Health and Environment to allow CBM releases.

But Corsentino said he was blind-sided by releases from Petroglyph Energy that began in the Cucharas basin in the late 1990s. He claims the water was high in salts and barium, which broke down the soil on his farm. “I used that water and put it on my fields, but didn’t know about (the releases) until 2006,” he said.

The productivity of his soil fell to one-third of its former level, and one-time soil amendments were paid for by Petroglyph. But the state never followed up with testing, and the Oil and Gas Commission said he had proven damage. “It was a joke. Sucks to be me,” Corsentino said.

His warning to other landowners is clear. “There have been four generations of my family here since my greatgrandfather came over from Sicily in 1905. It’s a hard life. We’ve taken care of the ground and it’s taken care of us,” Corsentino said. “We’ve gone through a reorganization, and I’ve lost the equity. At this point, I just want to be able to raise feed for my animals.”

From The Pueblo Chieftain (Chris Woodka):

Some Las Animas County farmers and ranchers in the Apishapa River basin are concerned that releases of water from oil and gas drilling could render cropland useless. They want water tested — and even treated — before it is released into the river system, saying the danger of increased salinity outweighs any benefit of more water during a drought. “Our main concern is that what happened in Huerfano County doesn’t happen to our soil,” said Gary Waller, who holds senior water rights for fields he irrigates near Aguilar. “We want to be proactive and make sure we do not get contaminated.”

Ken Valentine, whose family irrigates further up in the basin, said a spring above one of its fields was potentially contaminated by a release from coal-bed methane drilling last year. He is also alarmed that CBM water is routinely sprayed on gravel roads throughout the area. “The water should be treated before it’s released into the watershed, either at the company’s expense or those people who are using it for things like livestock ponds,” Valentine said.

They want to avoid the types of troubles Huerfano County dairy farmer Brett Corsentino experienced when Petroglyph Energy dumped CBM water into the Cucharas River in the late 1990s. Water high in salinity and barium ruined his farm ground. “I was harvesting 18-21 tons of corn silage per acre before, and it dropped to six tons after,” Corsentino said. “They ruined my way of life, and the state agencies turned a mute ear to my complaints.”

While the Colorado Oil and Gas Conservation Commission required Petroglyph to stop dumping water in 2006 and to help Corsentino try to restore farmland, it ruled in 2011 that Petroglyph no longer had any liability. All say the state should be insisting the water produced by Pioneer Natural Gas in the Apishapa River basin is either of equal quality to surface water, and reinjected into deep wells if it fails to meet standards.

While some in the area contend the water is suitable for livestock and wildlife, the farmers fear it will contaminate their fields — particularly during a drought when there is less natural surface water to dilute the effects. “If the water is good, it should be utilized,” Waller said. “But if it’s not, it will get into the groundwater and onto our place eventually.”

Meanwhile, oil and gas producers in the Purgatorie River watershed have asked the state to relax standards for discharged water. Here’s a report from Steve Block writing for The Trinidad Times. Here’s an excerpt:

A leader of a regional environmental protection group said she’s deeply concerned about the possible lowering of water quality standards in the Purgatoire River Watershed, and asked the Las Animas County Board of Commissioners to write a letter to the Colorado Water Quality Commission, protesting the potential change.

Paula Ozzello of the Southern Colorado Environmental Council (SCEC) spoke at Tuesday’s board work session about the potential dangers of the reduction in water quality standards.

Ozzello, chairperson of SCEC, said XTO Energy and Pioneer Natural Resources have proposed to the commission a reduction in water quality standards for the Lower Arkansas River Basin, specifically the Purgatoire River Watershed and the Apishapa Watershed. She said the XTO and Pioneer proposal would reduce the surface water quality standard, by increasing the allowable level of boron in water used for agricultural purposes from its present level of 0.75 milligrams (mg) per million to a new, and higher, standard of 5.0 mg per million.

More coalbed methane coverage here and here.


CWCB: State of Colorado Receives Partners in Conservation Award

October 18, 2012

coloradoriverbasin.jpg

Here’s the release from the Colorado Water Conservation Board (Ted Kowalski):

The State of Colorado, as well as the other cooperating partners in the Colorado River Supply and Demand Basin Study (“Colorado River Basin Study” or “Basin Study”), were presented today with the prestigious “Partners in Conservation Award” by the Department of the Interior. This award was presented by Deputy Secretary David Hayes in recognition of the cooperation between these different entities on one of the most pressing natural resources issues in the Unites States–the future of the Colorado River basin.

The Colorado River Basin Study is the most comprehensive effort to date to quantify and address future supply and demand imbalances in the Colorado River Basin. The Basin Study evaluates the reliability of the water dependent resources, and also outlines potential options and strategies to meet or reduce imbalances that are consistent with the existing legal framework governing the use and operation of the Colorado River. To date, the Basin Study has published a number of interim reports and appendices, and the final report of the Basin Study is scheduled to be published by the end of November, 2012.

Jennifer Gimbel, Director of the Colorado Water Conservation Board, and Ted Kowalski, Chief of the Interstate, Federal and Water Information Section of the Colorado Water Conservation Board accepted the award on behalf of the State of Colorado. “The Basin Study reflects the cooperative spirit in which the Colorado River Basin States have worked since the adoption of the 2007 Interim Guidelines,” Gimbel said.“Colorado and the other Basin States, the tribes, the federal government, and the many diverse stakeholders must continue to work together in order to address the difficult water imbalances facing the southwestern United States in the next half century. It is clear that there are no silver bullets, but rather we must explore and develop multiple options and strategies in order to meet our projected future water supply/demand imbalance.”

More Colorado River Basin coverage here.


‘Water Wranglers’ is George Sibley’s new book about the Colorado River District #coriver

October 10, 2012

georgesibleyfromgardsibleyorg.jpg

waterwranglersgeorgesibley2012.jpg

Here’s the link to the web page where you can order a copy. Here’s the pitch:

Water Wranglers
The 75-Year History of the Colorado River District:
A Story About the Embattled Colorado River and the Growth of the West

The Colorado River is one of America’s wildest rivers in terms of terrain and natural attributes, but is actually modest in terms of water quantity – the Mississippi surpasses the Colorado’s annual flow in a matter of days. Yet the Colorado provides some or all of the domestic water for some 35 million Southwesterners, most of whom live outside of the river’s natural course in rapidly growing desert cities. It fully or partially irrigates four-million acres of desert land that produces much of America’s winter fruits and vegetables. It also provides hundreds of thousands of people with recreational opportunities. To put a relatively small river like the Colorado to work, however, has resulted in both miracles and messes: highly controlled use and distribution systems with multiplying problems and conflicts to work out, historically and into the future.

Water Wranglers is the story of the Colorado River District’s first seventy-five years, using imagination, political shrewdness, legal facility, and appeals to moral rightness beyond legal correctness to find balance among the various entities competing for the use of the river’s water. It is ultimately the story of a minority seeking equity, justice, and respect under democratic majority rule – and willing to give quite a lot to retain what it needs.

The Colorado River District was created in 1937 with a dual mission: to protect the interests of the state of Colorado in the river’s basin and to defend local water interests in Western Colorado – a region that produces 70 percent of the river’s total water but only contains 10 percent of the state’s population.

To order the book, visit the Wolverine Publishing website at http://wolverinepublishing.com/water-wranglers. It can also be found at the online bookseller Amazon.

More Colorado River District coverage here.


Follow

Get every new post delivered to your Inbox.

Join 1,024 other followers

%d bloggers like this: