SRBC Suspends More Water Withdrawals

You know it's dry when:

• farmers debate whether they should irrigate the corn or throw in the towel
• the grass beneath your feet is crunchy
• the SRBC tells drillers they can't pump water out of the streams because the flow's too low.

Seems like just a couple weeks ago that the Susquehanna River Basin Commission (SRBC) suspended water withdrawals. Today they announced that they're suspending 64 separate water withdrawals due to lower streamflow levels in the Susquehanna basin.  The suspended withdrawals are operated by 33 companies, most operating in Pennsylvania but a couple in New York.

However, SRBC noted that there will continue to be some water-related activities where withdrawal quantities are insignificant compared to streamflows. Also, water withdrawals that are not associated with gas development and are less than 100,000 gallons per day are not subject to SRBC’s regulations. Read the entire announcement - and list of halted water withdrawals - here.

More Water Concerns with Drilling

Starrucca Viaduct, Lanesboro PA

A week after the Susquehanna River Basin Commission (SRBC) suspended water withdrawals I decided to drive through the northern tier of Pennsylvania to check on the rivers. The water is so low that some smaller creeks are nearly dry and farmers are irrigating their fields and row crops. It looks like August, not the beginning of July - and while not "technically" a drought, it's getting close in some parts of the state.

That same day, July 3 the American Water Works Association released a statement calling for more regulatory oversight of hydro-fracking operations. They call on the Environmental Protection Agency (EPA) to use the authority of the Safe Drinking Water Act to regulate oil and gas well construction and operation - including hydro-fracking- through the Underground Injection Control (UIC) Program. They also ask EPA to use its existing authority under the Clean Water Act to regulate discharges from oil and gas wells. While the group supports sound federal energy policies, it clearly states that oil and gas development (including fracking) "must provide appropriate protection of our nation's ground water and surface water resources."

Meanwhile, the residents in Leroy Township (Bradford County, PA) are dealing with another spill - 4,700 gallons of hydrochloric acid at the Yoder well operated by Chief Oil and Gas. So far it's been contained, say the folks from Chief and PA's Department of Environmental Protection, with no runoff getting into Towanda Creek.

SRBC suspends Water Withdrawals due to Low Water

On Thursday, June 28 the Susquehanna River Basin Commission (SRBC) suspended 37 water withdrawals due to localized stream flow levels dropping throughout the Susquehanna basin.

Under SRBC’s current “passby flow restrictions”, when streams drop to predetermined low flow levels, operators must stop taking water.  They cannot resume taking water until streams have recovered above the protected level for at least 48 hours.  You can read the list of companies affected here. 

Resuming withdrawals could take awhile, because it looks like June’s rain “deficit”could turn into a July drought. In any normal June, Pennsylvania residents would see close to 3.9 inches of rain.  Last month they measured less than 1.2 inches – a 2.7 inch deficit that doesn’t sound like a lot. Yet. But a warmer-than-usual June coupled with a hot, dry July could spell trouble for gas drillers looking for millions of gallons of water to drill each well.

Meanwhile, SRBC is seeking public comment on a new “Low Flow Protection Policy”they've proposed. These new guidelines, the agency believes, will protect against “adverse cumulative impacts” to water resources during times of low flows. The proposed policy, says SRBC, is more protective of the basin’s headwaters and other sensitive or “exceptional quality” settings. It would require a review for passby flows that takes into consideration basin-wide aquatic resources and conservation measures. It would also use hydrologic analyses and flow statistics bases on the USGS stream gaging network. And it would give SRBC the right to apply the policy to existing and approved projects when the continued withdrawal operations cause – or could cause – adverse environmental impacts.

Speaking of policy, are environmental laws protecting our streams and rivers? That's the question entomologist John K. Jackson, of Stroud Water Research Center will explore on the evening of  July 18. His lecture is the second in the monthly Stroud Seminar Series, hosted by the Center,which is located about an hour west of Philly.

Before you go, though, take a few minutes to comment on SRBC's proposed “Low Flow Protection Policy” - they've extended the comment period to July 16. Public comments may be submitted via the website, by email (public_comments@srbc.net) or by mail. Written comments should be mailed to:Susquehanna River Basin Commission, 1721 North Front Street Harrisburg, PA 17102. You can find out more about the "Low Flow Protection Policy" at http://www.srbc.net/pubinfo/businessmeeting.htm

SRBC Temporarily Suspends Water Withdrawals

Today the Susquehanna River Basin Commission announced that they are temporarily suspending 17 separate water withdrawals due to reduced stream flow levels throughout the Susquehanna basin. A winter with little snow, followed by a spring with below-normal rainfall means there’s just not enough water to go around.

SRBC executive director Paul Swartz said that the majority of those suspended withdrawals are related to water for natural gas development.

Under SRBC’s passby flow restrictions, when streams drop to pre-determined protected low flow levels, regulated projects withdrawing water must halt their activities. They cannot resume taking water until streams have recovered above the protected level for at least 48 hours.

“If rainfall shortages persist,” Swartz added, “the Commission anticipates more water withdrawals being suspended, as was the case in 2010 and 2011.” And they’re not going to wait for DEP to declare a drought…. “Our science-based stream protection system kicks in well before streams drop to critical low levels,” he said.

Companies and their water withdrawal sources in Pennsylvania that are temporarily suspended as of today:

Bradford County

•  Chesapeake Energy: Sugar Creek
• Healthy Properties: Sugar Creek
• Talisman Energy: Fall Brook at Bense, Seeley Creek at Jones, Sugar Creek at Hoffman, Wappasening Creek at Adriance, unnamed tributary to North Branch Sugar Creek
• Tennessee Gas Pipeline: Towanda Creek

Luzerne County

• Eagle Rock Community Association: Abandoned Quarry associated with unnamed tributary to Tomhicken Creek

Lycoming County

• EXCO Resources: Muncy Creek at McClintock
• Hughesville-Wolf Township Joint Municipal Authority: wastewater from treatment plant
• Keystone Clearwater Solutions: Lycoming Creek
• XTO Energy: Lick Run, Little Muncy Creek

Susquehanna County

• Carrizo: unnamed tributary to Middle Branch Wyalusing Creek

 Tioga County

• Keystone Clearwater Solutions: Babb Creek
• Tennessee Gas Pipeline: unnamed tributary of North Elk Run

read full announcement here.

SRBC Approvals, Procedure Questioned

Last week (Thursday, Dec. 15) the Susquehanna River Basin Commission (SRBC) held its quarterly business meeting in Wilkes-Barre, PA. Read the official press release (link) and it looks like business as usual: “SRBC concluded all scheduled actions including voting on water withdrawal and consumptive use applications…”

However, read press accounts and it’s pretty clear that the meeting was anything but. Several people disrupted the meeting with mic checks and questions about just who the water belongs to. In the noise and confusion SRBC chair Kelly Heffner tried to maintain control, but failed.

According to one reporter the meeting was “… interrupted by protesters, and SRBC commissioners completed their voting in private."

Another reported that Heffner threatened to clear the room and the commission hastily adopted the recommendations and adjourned the meeting early.

Some people who attended that meeting contend that the SRBC chair adjourned the meeting when the disruptions occurred. Commissioners filed out of the room, then returned a few minutes later to vote on the items.

SRBC 12/15/11 Wilkes Barre -- Meeting Adjourned Before the Vote from Shaleshock Media on Vimeo.

It’s pretty hard to make out what’s happening because of the chaos, but someone had a recorder running during that meeting – a Tascam DR-07 sitting on top of a speaker cabinet about 10 feet from the table where the commissioners were seated. In this excerpt you can hear Heffner saying “Adjourn! Adjourn! Clear the room.”

But, says SRBC spokesperson Susan Obleski, the meeting was not officially adjourned at that time. In a telephone conversation earlier today, Obleski admitted that, yes, Heffner did indeed say “adjourn”.

However, that call was out of order. “When the commissioners stepped out of the room, they were advised by SRBC counsel that the meeting was still in session,” Obleski said. “The meeting was never officially adjourned.”  So when the commissioners returned, they didn’t need to reconvene, as they were still in session. They just had to bring up the docket for a vote. “Which,” Obleski said, “they did according to Commission procedures” prior to officially adjourning the meeting.

While there are some questions about how the meeting was conducted, Obleski is firm that as far as approving the dockets goes, SRBC is on solid legal ground. They conducted that portion correctly, she said. As for Heffner’s call to adjourn – that was in response to people crowding up against the commissioners. Obleski noted that the SRBC is reviewing video and audio recordings and should have a public statement soon. “But the dockets stand approved,” she emphasized.

“SRBC meetings often don’t generate much public turnout,” says Nadia Steinzor, the Marcellus Shale regional organizer for Earthworks. The oppositional turnout last week should, at the very least, make the SRBC aware of the strong views of the public.  “Gas development is so controversial because of its many negative impacts, in particular to water resources. The SRBC must uphold comment periods and manage meetings so that the public can openly and respectfully share their views and knowledge—which will hopefully in turn encourage the Commissioners to make decisions that truly protect the Basin.”

Thomas Au, Conservation Chair for Sierra Club PA agrees and called for the SRBC to reconvene to consider the docket they so hastily dealt with on the 15th.  “Commission decisions need to be made in an open, public forum,” he said.

Yesterday Steinzor and Au signed on with five other environmental organizations in a letter to the SRBC that asks the Commissioners to reconvene for the purposes of completing its meeting held on December 15. The letter states that when the disruptive behavior made the proceedings unintelligible, and the Commission chair failed to control the meeting, she adjourned it.  “… some attendees in the audience left the meeting at that point. The Commissioners and Commission staff then excused themselves only to return minutes later where they voted and approved 22 of the projects at issue, off-the-record and without having formally reconvened. None of the remaining individuals wishing to provide public comment were able to exercise that right.”

Steinzor and the six other signatories have reviewed the videos and listened to reports from people who attended the meeting. Whether legally adjourned by Roberts Rules or other rules, for all intents and purposes it appears that SRBC did indeed adjourn prior to voting on the water withdrawal projects, they say. “Because the majority of the proposed water withdrawals concerned shale gas operations that entail potentially significant direct, indirect and cumulative impacts, those approvals demand the utmost transparency and accountability.”