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Introduced Version Senate Bill 658 History

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Key: Green = existing Code. Red = new code to be enacted
Senate Bill No. 658

(By Senator White)

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[Introduced February 22, 2010; referred to the Committee on Natural Resources; and then to the Committee on Energy, Industry and Mining.]

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A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §22-11-7C, relating to establishing requirements for Marcellus gas well operations' use of water resources; and directing the Department of Environmental Protection to promulgate legislative rules relating to the use of water resources for Marcellus shale gas production.

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 §22-11-7c, to read as follows:
ARTICLE 11. WATER POLLUTION CONTROL ACT.
§22-11-7c. Special permit and reporting requirements for Marcellus shale gas wells using water resources fracturing or stimulating gas production.

(a) In addition to requirements in article six of this chapter, prior to drilling, fracturing or stimulating Marcellus Shale gas wells, gas well operators shall submit the following information to the Division of Water and Waste Management:
(1) The type and location of each source to be used by the operation for water withdrawals;
(2) The current designated water use and recognized existing water uses of each water source to be used;
(3) The anticipated volume of each water withdrawal;
(4) The time period when water withdrawals will be made; (5) The method to be used to transport water to the well site; and
(6) A detailed listing of any additives used in the water or fracturing fluid to facilitate well development.
(b) The secretary shall propose rules for legislative approval pursuant to article three, chapter twenty-nine-a of the code, providing at a minimum the following:
(1) Record keeping and reporting requirements relating to collection and disposal of all water used for the drilling operation;
(2) Protections for the water resources used for withdrawals to prevent adverse impacts to the water resource during low flow or drought conditions; prohibitions or limitations on withdrawals from pristine waters, head waters, high quality streams and other waters of the state when that resource may be adversely impacted by large quantity withdrawals, or would result in a water quality violation;
(3) Requirements relating to collection and disposal of water that assures tracking and verification of proper transport;
(4) Notice to the county and municipality where the water source is located of the intent to make a water withdrawal; and
(5) Appropriate analysis by the applicant of the flow conditions relating to the withdrawal and the impact of the proposed withdrawal on the flow of the water source.


NOTE: The purpose of this bill is to establish reporting requirements relating to water used in Marcellus shale gas well drilling operations.


This section is new; therefore, strike-throughs and underscoring have been omitted.
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