Will this hurt Yellowstone?
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Feds could regulate CBM water
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WASHINGTON -- Wyoming and Montana's Republican legislators are leery of a proposal to apply the federal Clean Water Act to water that is brought to the surface as part of the coalbed methane gas production process.
They say that the water quality laws in their states are adequate and that federal legislation could hamper efforts to increase domestic energy production.
"I think it is an issue, no question about that," Sen. Craig Thomas, R-Wyo., said. "There needs to be some more effort made, but I think we can leave that to the Wyoming (Department of Environmental Quality.)"
A proposal offered by Rep. Mark Udall, D-Colo., the Federal Water Pollution Act, which is commonly called the Clean Water Act, would apply to all "water derived in association with oil and gas production."
Wyoming has the nation's largest coalbed methane gas reserves. Colorado, Montana and New Mexico also have significant reserves. The Bush administration has called for increased coalbed methane gas production to guarantee that domestic producers can meet the nation's natural gas demands.
Coalbed methane gas is trapped in porous coal seams. To collect the gas, groundwater is pumped to the surface to draw the gas to the well head. The water is released on the surface, kept in holding ponds or allowed to flow into streams and rivers. Some of the water that is pumped up has high levels of salts and minerals.
Udall has not formally introduced legislation, but has released copies of a draft proposal to spark discussion. He hopes that the bill he introduces will have the support of environmentalists, ranchers and energy companies.
"It's a simple concept," Udall said. "It would just clarify the existing law. I think it could help the coalbed methane producers, because it potentially cuts down on litigation. It clarifies where we stand."
Udall's effort was prompted in part by an Aug. 23, 2002, decision issued by the U.S. District Court in Billings. In Northern Plains Resource Council v. Fidelity Exploration & Production Co., Inc., the court ruled that the Clean Water Act does not apply to water that is extracted as part of the coalbed methane gas production process.
"The decision is evidently under appeal, but I am concerned that it might be upheld -- a result that would be unfortunate and contrary to the public interest," Udall wrote in a letter the Environmental Protection Agency Administrator Christine Todd Whitman. "I think Congress should act to make clear that the Clean Water Act applies to the water extracted in connection with the production of oil or gas -- including coalbed methane."
Tom Darin, who is a staff attorney with the Lander-based Wyoming Outdoor Council, said even though there is a good chance that the Montana federal court's decision will be reversed, Congress should act on Udall's proposal.
"It is a good idea for the bill to have the federal law end the debate," Darin said. "There is a need for consensus at the federal level."
Wyoming lawmakers say that the majority of the water that coalbed methane producers in the state pump out is clean.
"Most of the coalbed methane water coming out is clean enough to drink," Rep. Barbara Cubin, R-Wyo., said. "It sounds like unnecessary legislation. It is another hurdle that will make it more difficult to develop domestic sources of energy."
Thomas shared Cubin's concern that Udall's proposal would reduce coalbed methane production.
"We need to encourage coalbed methane production for the sake of Wyoming and the country," Thomas said.
Rep. Denny Rehberg, R-Mont., was more concerned that the proposal would actually have a negative impact on Montana's streams and rivers.
"Montana's clean water laws are better, more stringent than the federal government's so this might actually affect us negatively," Rehberg said.
Although he had not seen Udall's proposal, Sen. Max Baucus, D-Mont., said that, like the Coloradoan, he supports coalbed methane gas production, but believes that it should be done responsibly.
"It is good for the economy, but it has to be done right and it has to be done right the first time," Baucus said.
Udall, who is former executive director of the Colorado Outward Bound School, said that he would work with lawmakers from Wyoming and Montana. Udall, Cubin and Rehberg are all members of the House Resources Committee, which has jurisdiction over the issue.
"There may be some common ground that we can find," Udall said. "It also may blow up."