Arkansas Conservation Alliance Blog

You Don't Miss Your Water ('til Your Well Runs Dry)

How many times have you told a policeman that someone was speeding and he then went to their house and gave them a ticket?

The Arkansas Department of Environmental Quality (ADEQ) inspects reserve pits in the Fayetteville Shale only when someone registers a complaint. This is a reactive process. Check out the conclusion on page 15 of this study to see why a proactive, random inspection process is a better model.

Random inspection would allow:

1. Tracking of when pits are actually constructed (Currently, we know how many applications were received --*1,278 this year as of yesterday-- but not how many have actually been built.) Knowing rates of pit construction allows better (read actual) tracking of water usage.
2. Increased industry accountability across the board - not just where people are more likely to complain. If an inspector can pop up anywhere, anytime, industry is forced to play by the rules everywhere.

Currently, ADEQ inspects a site after a complaint, then issues a write-up and gives the industry a compliance time-table. If you could drive 100 miles per hour all the time and know that you would only get a warning would you do it?

What happens in areas where no one complains? Are those the epidemic realms of the future?

Wouldn't it be better for everyone involved if rigorous, random inspections were practiced and stiff penalties were enforced?

What if the industry knew they could keep ADEQ's limited enforcement staff busy with minor complaints while larger issues were being perpetrated elsewhere?

Don't think BIG ENERGY is capable of dirty tricks in a bad economy?

Think again.

*Of these 1,278 applications, 41 on-site inspections have occurred this year, 25 of which were found to be out of compliance (61%).

 

 

Dirty Deeds Done Dirt Cheap

At the Low Impact Development (LID) Workshop back in September we learned from a former state enviro-official that "The focus is on sediment control but it should be on erosion control." This former official went on to say that "We've got to get our construction in line." We ask you to take a look at these photos and tell us if you think anyone is "in line."

Does anyone deserve a fine under current Arkansas law for the activity displayed in these photographs? If yes, who is it? If no fine is in order, how might we alter the law to better protect against erosion? If these photos demonstrate a violation, who is the enforcer? Is it ADEQ? Do they have the authority to issue a citation based upon this photographic evidence? If yes, DID THEY ISSUE A CITATION? If yes, HOW MUCH WAS IT-- and DID IT CHANGE THE BEHAVIOR? And further, did it sufficiently address damage done?

If no citation has been issued, could this post serve as notification? If yes, please forward the permalink below to appropriate authorities. If enforcement requires an officer on the ground, let's hire them 6 months ago. Could we deputize volunteers?

Let Me Wear Your Coat?

Standing in the Shower Thinking

When water is committed to a class 2 injection well, it is taken off the human radar. It is water that has been abandoned and cannot be reclaimed. Currently no agency in Arkansas is prepared to tell us the amount of water going into these wells. We've heard that the Arkansas Natural Resource Commission is "in the process" but shouldn't this have been in place well before the Fayetteville Shale rush of 2007-2008?  Also, has anyone considered an alternate rehab of this water so that it might remain available for human use? Remember the guy who invented the Segway and that engine he made that distilled water from the East River?

It has come to our attention that various state agencies have memorandums of understanding regarding the complex inner workings of day-to-day operations. Is it not time to subject these memorandums to legislative and public review? We'd love to link to them right here right now. Couldn't we all sleep a bit better at night with a wee bit more transparency?

From 1997-2003, an average of 182 *reserve pit applications per year were made to the Arkansas Department of Environmental Quality. In 2007 there were 1,024 such requests and in 2008,  over 800 requests were submitted by mid-year.

This is on pace for a 900% increase!

Why was no money from the severance tax on natural gas delegated for this purpose? Federal funding to ADEQ has remained flat over the last several years. Perhaps now is the time to re-think the severance tax?

Earlier this year, the Oil and Gas Commission issued an order of cessation to a company that exceeded the pressure limit while drilling. This process is potentially disastrous if pipes burst from over pressurization. By law, we do not know the make up of the frac water that passes through these pipes. Can we imagine what it would be like to have unknown deadly contaminants in our groundwater? Perhaps we should consider mandating mechanical regulators that ensure no chance of human pressure errors?

Please consider, correct, and/or comment any and all of these observations in the comments below.

*Number One Google Ranking for the term: "reserve pit application" --dubious honor...

Question No. 1 (Begging for Further Explanation)

According to this link on the Arkansas Natural Resources Council web site, "there is no known opposition" to The Arkansas Water Bond Act, or Question No. 1, a legislatively-referred bond issue for the issuance of $300 million for the financing and refinancing of water, sewer, and pollution projects.

This article is public opposition by the Arkansas Wildlife Federation, which leads to the question:
Why hasn't the website of the ANRC been updated to reflect the opposition? Perhaps they do not deem the AWF legitimate? Perhaps they are overly obligated to other issues and don't have time to update their web site? We don't know.

The problem is, WE WANT TO KNOW.

The Arkansas Times posted a "vote no" on their blog a couple of days ago, but it seems to have disappeared. (Please send us a link?)

It seems that the act contains quite a bit of ambigous language that may not be fully represented in the ballot title. This language involves primarily, who gets to do the what, where, when, how, and how much regarding water issues in Arkansas. If you want to add some insight to this issue, let 'er rip in the comments section.

A brief discussion of the act can be found at ballotpedia.

The original Act 631 of 2007. (pdf file)

First Full Day of Budget Hearings

There's nothing more fun than untangling a giant ball of string. Today we got a better view of just how big this ball is. Highlights:

1. In room 171 at the Arkansas State Capitol, one can access the wireless connection on the north side of the room but not the south. There is no physical public access to the north side of the room thus no internet access. Luckily, or sadly, only a handful of reps and senators were using their high speed connections.

The Secretary of State told us that web access for said room was the responsibility of the bureau of legislative research who, in turn, told us it was the responsibility of the Secretary of State, who then sent us back to the bureau of legislative research, who dispatched the director to tell us we were S.O.L., but that the Arkansas Capitol does more than most state capitols to provide the public with wireless services. (Feel free to be our fact checking cuzz on the veracity of this statement.)

Representative Betty Pickett asked an insightful question of ANRC commissioner Randy Young regarding water issues. She is term limited, but hopefully her predecessor will follow suit. Commissioner Young used the term "over cautious" which was discouraging as you cannot be "over cautious" with water issues.

Parks and Tourism skated through with flying colors.

The cosmetology board was scolded.

The Waterways Commission was hung out to dry.

Then, at the tail end of the day the Oil and Gas Commission stepped up to the plate. Representative Webb asked some insightful questions regarding funding from license fees for wells and another Rep admonished them a bit about how long it has taken them to plug over 700 abandoned wells. We've got a lot more questions for ANRC, Arkansas Game and Fish, ADEQ and the Oil and Gas Commission. We hope to assist them with putting us all at ease with the influx of interest in the gas stored in the shale that rests upon our groundwater. But, like we said, it's a BIG BALL OF STRING.

Help us Out Yo! (That's your cue for comments)

That was the River, This is the Sea

Existing water law in Arkansas is not prepared for the velocity with which the Fayetteville Shale has blasted into our state. We have been assured that several state agencies are fast at work putting in the necessary infrastructure to monitor water usage and rehab, but what happens in the meantime?

The structure of the severance tax and existing Arkansas law lends itself to the gold rush mentality. What is our defense? The first line of defense is understanding the scope of the situation. If the scope of the situation is too large to ascertain, the first response should be to SLOW DOWN.

We are seeking any and all research contrasting the budgets of eco-monitoring agencies in other "goldrushed "states to those budgets in Arkansas. (Read ADEQ/Oil and Gas Commission)

Please comment with any and all information.

Telling Me Questions Asking Me Lies

The primary catalyst for getting our governmental agencies to do their duty is to ask them questions. We have found that our questions have rankled more than one Arkansas state employee. We are not trying to incite anyone. We just want to know very specific answers to very specific questions and sometimes our brothers and sisters in state agencies cannot put their hands on the information we request. Sometimes this is because they cannot find the information, sometimes they don't know whom to ask, sometimes it seems that the question is not understood. The Arkansas Conservation Alliance is determined to ask the right question of the right people to better serve us all.

Many times, our state agencies do not seem prepared to make information available. It seems that today's information sharing capabilities are being grossly underused by Arkansas State agencies. This must change as soon as possible.

Has any one out there had a problem getting information from state agencies?