Wyo. governor rejects water rule changes

Wyo. governor rejects water rule changes

	Published : Tue, 24 Apr 2007 15:34 By : Agencies Print this Story

CHEYENNE, Wyo. (AP) - Gov. Dave Freudenthal rejected rule changes adopted by a state citizen board that would regulate impacts of coal-bed methane water on soil, vegetation and landowners.

Freudenthal said Monday the Environmental Quality Council exceeded its authority in adopting the rules. The governor must approve any rule changes by the council for them to become law.

'I believe these proposed rules reach beyond the statutory authority of the Environmental Quality Act and invite the Department of Environmental Quality to regulate water quantity discharge, not as a coincidence of achieving water quality result, but as a simple matter of reducing the amount of discharge for its own sake,' the governor said in a letter to council chairman Richard Moore.

Excess water produced from coal-bed methane wells has become an issue in the state, especially in the Powder River Basin of northeast Wyoming. The water is pumped to the surface in order to capture the methane.

Some landowners find the water beneficial for irrigating crops or watering livestock. But others complain that the water damages their land either because there is too much or because of salt and other chemicals in it.

The proposed rule changes were sought by the Powder River Basin Resource Council, a Sheridan-based advocacy group.

The group issued a statement saying Freudenthal's decision 'thwarts a thoughtful and considered effort by Powder River Basin landowners and the state's Environmental Quality Council to address a growing problem in the basin.'

'The governor says this was the wrong route to take, but he refuses to suggest an alternative -- to even get started,' Bob LeResche, a landowner in Clearmont and chairman of the group's board. 'We need leadership from the top on this issue, but the governor once again simply refuses to provide it.'

Representatives of the Petroleum Association of Wyoming, which said the rules could slow methane development in the state by imposing cumbersome paperwork on the industry and landowners, could not be reached for comment.

Currently the state Department of Environmental Quality allows coal-bed methane operators to discharge water under the assumption that the water is put to some beneficial use.

The rule change approved by the Environmental Quality Council in February would have required operators to get landowners to say the water is a benefit to them or prove by are presentative and valid data' that the water is benefiting agriculture or wildlife. Operators also would have to show that the quantity of water didn't impact its quality.

Some opponents feared the proposed rules would all but shut down a coal-bed methane industry that has proved lucrative to industry and state of Wyoming coffers, while supporters argued the rules shouldn't slow down the speed of issuing drilling permits.

Freudenthal noted that state Attorney General Pat Crank had issued an opinion last year that said the state DEQ lacked the authority to regulate water quantity in Wyoming.

'The attorney general opined on April 12, 2006, correctly in my view, that DEQ could only concern itself with water quantity when it had an effect on quality,' the governor said. 'DEQ has always concerned itself with those issues, but that is clearly not the same as saying they have broad authority to regulate quantities and usage of discharged water.'

Freudenthal also questioned whether the council followed proper administrative procedures in adopting the rules.

LeResche said it was unclear what landowners seeking the rule changes will do next.

'I guess that's up to the governor,' LeResche said. '... This problem is only going to get more and more out of control.'

Moore, the Environmental Quality Council chairman, said he had no opinion on the governor's action other than to say the council worked hard on the issue and tried to develop regulations that would be acceptable.