Wyoming's state government formally adopted a requirement on Nov. 12 for oil and gas producers to test nearby water bodies before and after drilling their wells, effective Mar. 1, 2014.
Landowners must give their consent for operators to sample the permitted or adjudicated water sources, the state's Oil & Gas Conservation Commission said. These sources include domestic, stock, industrial, irrigation, municipal, or other permitted uses of water, it indicated.
Gov. Matt Mead (R), who has made baseline water testing part of his energy strategy, thanked everyone who submitted comments, and specifically cited the Environmental Defense Fund (EDF) and Petroleum Association of Wyoming (PAW) for their constructive input.
"This is another example of Wyoming leading the nation in striking the right balance between producing needed energy and protecting our natural resources," Mead said.
On Nov. 13, PAW Vice-Pres. John Robitaille told OGJ: "We're going to see how this rule is going to be implemented now. We know that since we have to test pre- and post-drilling, given the constituents that need to be tested, we're going to see slight changes due to natural phenomena. We need to determine if those changes are naturally occurring, or if something else is going on. That's where we need to look now."
Assign proper blame
Robitaille continued, "Also, if a pumping company comes out and changes the pump, that needs to be documented so if something is found in the water that's caused by what a pumping or service company did, the proper blame would be assigned.
Jon Goldstein, EDF's senior energy policy manager, said, "Wyoming should be proud of this rule. It sets a new national standard for groundwater baseline testing and monitoring related to oil and gas activity. The open, inclusive approach the state took in formulating this proposal has led to a strong, scientifically valid groundwater testing program."
The new rule will require producers use a "radial approach" to test drinking water sources within a half-mile radius of new oil and gas wells without an artificial cap on the number of wells tested, Goldstein noted. It includes a required Sampling and Analysis Protocol (SAP) to ensure that procedures and parameters are consistently implemented, he said.
The Wyoming Outdoor Council also applauded the state's action. "The governor is right—and just about everyone agrees—collecting baseline water quality data prior to drilling, and following up with post completion sampling, are necessary steps," said Richard Garrett, the group's energy policy analyst. "This rule will help protect everyone: landowners, Wyoming citizens, and industry."
