Judge Rules Coal Bed Methane Wastewater Ponds Unconstitutional
Montana’s natural resources,” Sherlock said in his decision. “No party to this action has presented any beneficial use that might be gained from causing water to evaporate and
be lost from any and all beneficial use.”
constitutional provision specifically refers to all waters of the state.”
“Judge Sherlock’s ruling has a huge impact in the state, especially in the Tongue and Powder River valleys where methane companies have used evaporation ponds for years,”
said Terry Punt, a Birney-area rancher and member of Northern Plains Resource Council. “Decisions of this magnitude are rare, and this one solidifies Northern Plains’ claim
that Montana’s water is precious and not to be wasted.”
Punt added, “It should be a concern to all Montanans that the Board of Oil and Gas Conservation had allowed the wasting of water through these evaporation pits, contrary to the
Montana Constitution. Wasting water imperils everyone’s water rights.”
According to the Wyoming State Geological Survey, the coal bed methane industry has pumped 6 billion barrels (191 billion gallons) of groundwater from Powder River Basin
(Montana and Wyoming) coal seams. Most of that produced water has been dumped on the surface with no specific beneficial use.
Northern Plains is a conservation and family agriculture group that has organized citizens at the grassroots to protect Montana’s water quality, family farms and ranches, and
our unique quality of life since 1972.
- State District Court Judge Jeffrey Sherlock of Helena this week affirmed that dumping wastewater from coal bed methane
development into evaporation pits violates the Montana Constitution. He said such “water impoundments” are not a
beneficial use of the billions of gallons of water that are brought to the surface and dumped into pits or into rivers and
streams, calling such practices “a waste of one of Montana’s natural resources.”
In 2003, the Northern Plains Resource Council, the Tongue and Yellowstone Irrigation District, and other allies sued the
Montana Board of Oil and Gas Conservation and Fidelity Exploration and Production Company. The suit alleged that allowing
ground water to be wasted by dumping it into evaporation pits violates Article IX, Section 3 of the Montana Constitution. The
suit did not challenge legitimate beneficial uses of the water, such as stock watering, wildlife habitat, dust suppression and
other uses.
Montana’s natural resources,” Sherlock said in his decision. “No party to this action has presented any beneficial use that might be gained from causing water to evaporate and
be lost from any and all beneficial use.”
constitutional provision specifically refers to all waters of the state.”
“Judge Sherlock’s ruling has a huge impact in the state, especially in the Tongue and Powder River valleys where methane companies have used evaporation ponds for years,”
said Terry Punt, a Birney-area rancher and member of Northern Plains Resource Council. “Decisions of this magnitude are rare, and this one solidifies Northern Plains’ claim
that Montana’s water is precious and not to be wasted.”
Punt added, “It should be a concern to all Montanans that the Board of Oil and Gas Conservation had allowed the wasting of water through these evaporation pits, contrary to the
Montana Constitution. Wasting water imperils everyone’s water rights.”
According to the Wyoming State Geological Survey, the coal bed methane industry has pumped 6 billion barrels (191 billion gallons) of groundwater from Powder River Basin
(Montana and Wyoming) coal seams. Most of that produced water has been dumped on the surface with no specific beneficial use.
Northern Plains is a conservation and family agriculture group that has organized citizens at the grassroots to protect Montana’s water quality, family farms and ranches, and
our unique quality of life since 1972.
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