H. B. 2256
(By Delegates Manypenny and Fleischauer)
[Introduced February 13, 2013; referred to the
Committee on the Judiciary then Finance.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §22-26-8a, relating
to establishing a cradle to grave monitoring system for
withdrawals of water used in the development of natural wells
drilled to the Marcellus shale geologic formation; requiring
the use of hydrants with a backflow preventer; authorizing
rulemaking; and authorizing fee collection.
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 §22-26-8a, to read as
ARTICLE 26. WATER RESOURCES PROTECTION ACT.
§22-26-8a. Monitoring system for Marcellus shale gas wells.
_____(a) The State Water Resources Management Plan required by section eight of this article shall include a cradle to grave
monitoring system of water withdrawal sites used in the drilling or
development of natural gas wells to the Marcellus shale geologic
formation. These sites shall be designated by the secretary. The
monitoring system shall, at a minimum, include the use of hydrants
with a backflow preventer to protect the state's streams and rivers
from contamination from truck waste water backflow.
_____(b) Each hydrant must have:
_____(1) A computerized electronic swipe card reader that
identifies the amount of water taken, when it was taken and by whom
it was taken and shall include a receipt or other notification of
the time the water was taken;
_____(2) A manual shutoff valve; and
_____(3) An automatic shutoff valve that is similar to a floatable
swing arm that will activate itself if the stream level reaches a
level that would be detrimental to stream aquatic life or the
_____(c) Each water truck must have an electronic G.P.S. device
that identifies where the truck is at all times along with a manual
_____(d) The Department of Environmental Protection shall
promulgate rules to implement the monitoring system, including the
setting of hydrant connection fees.
NOTE: The purpose of this bill is to establish a cradle to
grave monitoring system for withdrawals of water used in the
drilling or development of natural wells to the Marcellus shale
geologic formation. The bill requires the system to be part of the
State Water Resources Plan. The bill requires the plan to
incorporate the use of hydrants with a backflow preventer. The bill
authorizing rulemaking and fee collection.
This section is new; therefore, it has been completely