Senate Bill No. 658
(By Senator White)
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[Introduced February 22, 2010; referred to the Committee on
Natural Resources; and then to the Committee on Energy, Industry
and Mining.]
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A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §22-11-7C, relating
to establishing requirements for Marcellus gas well
operations' use of water resources; and directing the
Department of Environmental Protection to promulgate
legislative rules relating to the use of water resources for
Marcellus shale gas production.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §22-11-7c, to read as
follows:
ARTICLE 11. WATER POLLUTION CONTROL ACT.
§22-11-7c. Special permit and reporting requirements for
Marcellus shale gas wells using water resources fracturing or stimulating gas production.
(a) In addition to requirements in article six of this
chapter, prior to drilling, fracturing or stimulating Marcellus
Shale gas wells, gas well operators shall submit the following
information to the Division of Water and Waste Management:
(1) The type and location of each source to be used by the
operation for water withdrawals;
(2) The current designated water use and recognized existing
water uses of each water source to be used;
(3) The anticipated volume of each water withdrawal;
(4) The time period when water withdrawals will be made;
(5) The method to be used to transport water to the well
site; and
(6) A detailed listing of any additives used in the water or
fracturing fluid to facilitate well development.
(b) The secretary shall propose rules for legislative
approval pursuant to article three, chapter twenty-nine-a of the
code, providing at a minimum the following:
(1) Record keeping and reporting requirements relating to
collection and disposal of all water used for the drilling
operation;
(2) Protections for the water resources used for withdrawals
to prevent adverse impacts to the water resource during low flow
or drought conditions; prohibitions or limitations on withdrawals
from pristine waters, head waters, high quality streams and other waters of the state when that resource may be adversely impacted
by large quantity withdrawals, or would result in a water quality
violation;
(3) Requirements relating to collection and disposal of
water that assures tracking and verification of proper transport;
(4) Notice to the county and municipality where the water
source is located of the intent to make a water withdrawal; and
(5) Appropriate analysis by the applicant of the flow
conditions relating to the withdrawal and the impact of the
proposed withdrawal on the flow of the water source.
NOTE: The purpose of this bill is to establish reporting
requirements relating to water used in Marcellus shale gas well
drilling operations.
This section is new; therefore, strike-throughs and
underscoring have been omitted.