Judge rules coal bed methane wastewater ponds unconstitutional

State District Court Judge Jeffrey Sherlock of Helena, Mont., 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. In affirming that evaporation pits are unconstitutional, Shylock said, “This Court has no choice but to conclude that such use is not beneficial and, therefore, a waste of one of 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.” Fidelity had argued that public trust duties to protect water enshrined in the Constitution only applied to recreational use of surface waters. Shylock rejected that saying, “The constitutional provision specifically refers to all waters of the state.”...more