Surface Ownership
It is important to test local water supplies before gas well drilling is started on any given property. But, who should take the samples, what laboratory should conduct the water analysis, what parameters should be measured, who gets the results, and who pays the bill(s). The State Journal has a recent article that may help with these questions.
If the fresh water supply within 1,000 feet of a gas well is contaminated or disrupted, the driller is presumed liable. So gas companies want pre-drill water analysis results to show any contamination already present. And, residents can use pre-drilling data to compare with data obtained later if some water pollution takes place. Prior laboratory testing is a good rebuttal.
“Some operators are doing pre-drill baseline testing out as far as 5,000 feet,” said Travis Windle, spokesman for the Marcellus Shale Coalition industry group based in Canonsburg, PA. Operators in West Virginia need to use state-certified laboratories to analyze for pH, iron, total dissolved solids, chloride and surfactants, and perhaps other parameters. Chesapeake Energy and EQT, for example, test for about 30 substances. “Our goal is to test an array of general water quality parameters to help us see a good view of various potential water quality issues,” said Chesapeake spokeswoman Jacque Bland.
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Penn State Cooperative Extension recommended in 2010 several strategies for residents and landowners concerned about their water. Before drilling, allow the company to conduct its water quality test and request a copy of the results. West Virginia law requires the company to provide results on request within 30 days of receiving them. Note that, if the West Virginia owner or occupant prevents entry for water quality testing, that protest “shall be admissible as evidence in an action … in which the results of the test would have been relevant”. And, if possible, confirm the company’s results with a test conducted at personal expense of $200 or more.
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During drilling and for some time after, an inexpensive total dissolved solids (TDS) or conductivity meter can document any increases that indicate problems. Other changes can be sediment, foaming or bubbling; salty or metallic tastes; smells of rotten eggs or fuel oil; or other reduction in water quantity. Changes in water quality or flow may be reported to the WV Office of Oil & Gas for an investigation. Landowners and homeowners may wish to monitor their water supplies so long as active gas production continues.
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State law is vague on remedies. Where drilling has caused or contributed to violations of groundwater quality standards, the law requires the operator to make “every reasonable effort” to “identify, remove or mitigate” the source of contamination. And within 30 days of a written request from the chief of the Office of Oil and Gas, the operator has to provide a plan “to strive, where practical, to reduce the level of contamination over time to support drinking water use.”
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People who think changes in private water supplies may be due to gas well drilling should report the problem to the West Virginia Department of Environmental Protection Office of Oil and Gas at 304-926-0450.
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“Gas Well Drilling and Your Private Water Supply” from Penn State Cooperative Extension may be downloaded from http://extension.psu.edu/water/marcellus-shale;
choose “drinking water.”
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Some environmental consulting companies collect samples for water quality testing by laboratories and provide analysis of the results. Some commercial laboratories will collect samples themselves. The Office of Oil and Gas maintains a list of certified laboratories at www.dep.wv.gov/wwe/programs.
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When our family moved to West Virginia 34 years ago, we attempted to use an existing water well for household water, but found it to be contaminated. It tasted bad and was highly laxative. The ponds on the place had a blue, oily film on them. There had been a minimal speculative drilling for gas in the county before, but none within several miles of our place.
Some carcinogens (radon gas for example) are insideous and not so easily detected. We have relied on a cistern (the atmosphere is quite a good filter) and purified the cistern water to get rid of local organic contaminants (bugs, leaves etc.).
Since the beginning of the Marcellus shale gas play in Monroe County, I have advocated testing of wells throughout the county as a matter of public health, regardless of gas drilling. I am glad to see that its starting to take place. Perhaps we can all agree that’s one health BENEFIT flowing from the gas boom.