Group: DEP Bending Rules
Washington PA Observer
Reporter
2 August 2010
By Christie Campbell, Staff writer
chriscam@observer-reporter.com
A forest preservation group in Pennsylvania is charging that the state
Department of Environmental Protection is unlawfully permitting water
withdrawals for Marcellus Shale gas drilling in Western Pennsylvania.
The Allegheny Defense Project, a nonprofit organization dedicated to
the preservation of the Allegheny National Forest, says that only
riparian owners can use water from streams and rivers in this part of
the state. The term refers to people whose property is adjacent to a
stream.
An exception is the 1939 Water Right Act, which gives municipal
authorities authorization to pull water from a river or stream and pipe
it elsewhere.
In addition, the ADP claims the DEP has not listened to citizens'
concerns over natural gas drilling, including the hydraulic fracturing
process and disposal of waste water.
"For the last two years, DEP hasn't addressed those concerns in a
public manner. What they've tried to do is create a policy that gives
them regulatory authority basically out of thin air," said Bill
Belitskus, ADP's board president.
Belitskus grew up on a dairy farm in South Fayette Township near
Bridgeville, but now lives in Kane.
He said the DEP is unaware of the impacts on Pennsylvania streams from
gas drilling and issues water withdrawals without studying those
effects. In order to frack each Marcellus Shale well, millions of
gallons of water is required. That water is taken from Pennsylvania's
streams and rivers under the authority of the DEP.
The ADP sent a letter to DEP Secretary John Hanger July 26 outlining
Pennsylvania law on water withdrawals and charging the DEP with
operating an unauthorized water withdrawal program.
"The fact is, the DEP has absolutely no authority to permit water
withdrawals in Pennsylvania," said Cathy Pedler, ADP's forest watch
coordinator. "Outside of the Delaware and Susquehanna River watersheds,
water withdrawals are governed by riparian rights common law, which
means only those who live adjacent to the water can make reasonable use
of the water on their land. A gas company cannot take water that flows
through property it does not own."
Helen Humphreys, a DEP spokesperson, said Hanger had just received the
letter and was not ready to comment on it yet.
Under the Water Resources Planning Act of 2002, the DEP is required to
develop Water Management Plans for the entire state. That law, however,
does not provide any authority to the DEP to authorize water
withdrawals.
"The Water Resources Planning Act is just that, a planning act," said
Belitskus. "That law provided no substantive authority to the DEP to
regulate or permit water withdrawals from Pennsylvania's surface
waters. Each time the DEP approves a water management plan and tells a
natural gas company that it can withdraw surface water for their
drilling procedures, it is acting without authority and encouraging
illegal conduct."
Belitskus said the ADP is waiting to hear back from Hanger before
taking further action. He said it could be possible that it would file
a lawsuit.
"We expect the agencies we deal with to follow the law, and when they
don't, we think litigation is the next option," he said.