Tag: water policy

UPDATE: Township Fracking Regulation Ordinance Program

Click here to view and download the full press release PDF

PRESS RELEASE

FOR IMMEDIATE RELEASE

June 14, 2013

Fracking Ordinance Development Program Continues in Cannon Township

Gun Plain Charter Township Program Launches

TRAVERSE CITY, MI – FLOW, the Great Lakes Basin’s only public trust policy and education center, will be traveling down state to both Cannon Township and Gun Plain Charter Township on June 19 to facilitate a three-part workshop on legal strategies to address the impacts of horizontal hydraulic fracturing, or “fracking.” FLOW will assist these townships, in Kent and Allegan Counties respectively, to develop protective ordinances to regulate activities and harms related to fracking. Additionally, on June 24, FLOW, in partnership with Dr. Chris Grobbel, will present a similar introductory program in Yankee Springs Township, Barry County; the event is open to the greater community and officials.

In the morning of June 19, FLOW will return to Cannon Township to lead the second of this three-part workshop series. FLOW will facilitate the discussion and decision-making process to help Cannon Township leaders identify the ancillary fracking activities that are most important for their community to regulate. Township authorities and participating citizens will work to identify existing ordinances and craft new ordinances that are protective of land, air, and water impacts associated with fracking. Read the MLive article about the first meeting in Cannon here.

In the evening of June 19, FLOW will launch the first of three workshops in Gun Plain Charter Township. In this workshop, FLOW will provide an educational overview about the process of fracking, potential risks, and what communities can actually do to protect against fracking. FLOW Executive Director Liz Kirkwood explains that the legal strategies in development through this program “include zoning and police power ordinances, moratoriums, bans, and Michigan Environmental Protection Act (“MEPA”), among others.”

FLOW was invited by the grassroots group Concerned Citizens of Barry County to give an educational introductory presentation about fracking to citizens and local leaders. Since the beginning of the year, FLOW has given more than half a dozen of these presentations to groups and communities throughout the state of Michigan. As more meeting and presentations emerge, FLOW is spreading information and legal strategies in an effort to protect the Great Lakes Basin’s communities from the potential water, air, and land-use impacts of horizontal fracking.

Horizontal fracking for oil and natural gas is exempt from many regulatory laws at both the federal and state levels, including the Clean Water and Safe Drinking Water Acts, the Great Lakes Compact and Michigan’s Water Withdrawal Act. These townships are setting a precedent by being the first in the state of Michigan to develop fracking regulation ordinances in consultation with FLOW. Despite zoning prohibitions to regulate drilling, construction production, and operation of oil and gas wells, townships still do maintain legal authority to regulate ancillary activities, including roads, truck traffic, pipelines, flow lines, gathering lines, location of wells, disclosure of chemical use, air pollution and more. Moreover, townships can rely on other sources of authority such as police power ordinances.

 

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FLOW is the Great Lakes Basin’s only public trust policy and education 501(c)(3) nonprofit organization. Our mission is to advance public trust solutions to save the Great Lakes.

Fracking suspected cause of residential water well failure in Kalkaska County

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Fracking suspected cause of residential water well failure in Kalkaska County

As Encana’s fracking operation continued in Rapid River Township, local residents losing water pressure. Water coming out of the tap looks like milk.

For Immediate Release
June 11, 2013
Kalkaska, Michigan

Last week, fracking operations at the Westerman 1-29 HD1 continued, despite ongoing issues with the water supply on the pad. The additional water wells installed on and off the well pad failed to yield sufficient volumes to complete the well and Encana continued to obtain water from the Kalkaska Village municipal system until Saturday, June 8, 2013, when the gas well was finally completed.

At some point mid-week, Bernard and Phyllis Senske, who live adjacent to the well site, started experiencing a drop in water pressure and discolored water. “It looks like milk coming out of the faucet”, said Mrs. Senske.

In response to her distress, the Anglers of the AuSable, a group dedicated to protection of Au Sable and other Michigan trout streams, engaged Dr. Chris Grobbel, of Grobbel Environmental & Planning Associates to inspect the well and sample the water.

His initial report found that “The static water level within the Senske well has been lowered by 11 feet. Homeowners Senske’s reported that this problem is coincident with the nearby fracking operation which is also reportedly experiencing difficulties pumping groundwater to supply on-site fracking operation.” The full report is at the end of this news release.

This is not the first fracking operation to experience issues with insufficient water. Attempts to complete the Yonkman 1-29HD1 well in Missaukee County between December of 2012 and February of this year were unsuccessful, despite construction of 8 water wells in an effort to do so. Devon Energy approached nearby municipalities for water, and the City of McBain acquiesced-for $34,000.00. However, MEQ records illustrate that the Yonkman well was never completed.

Similar issues were also experienced at the State Richfield 1-27 well in Roscommon County, where four water wells failed to provide the quantity of water required to frack the well (4.8 million gallons), and two additional wells were required.

Dr. Grobbel recommends a pump aquifer yield test be performed to determine whether an aquifer can safely supply the volume of water required for any large quantity water withdrawal, so that adverse impact to groundwater can be properly assessed and avoided.

This is an ongoing story and updates will be forthcoming as developments occur.

Report of Dr.Chris Grobbel, of Grobbel Environmental & Planning Associates:

Please find this summary of my 6/7/13 site visit to the home of Bernard and Phyllis Senske 632 Wood Rd, Rapid River Township, Kalkaska County. The Senske property is along the north side of Wood Rd, in close proximity to and northeast of Chevron’s Westerman 1-32 HD-1 deep horizontal, hydraulically fractured natural gas well – currently being fracked by Halliburton.

The Senskes’ reported and I observed the diminishment of flow, once turned on, from a hydrant at their
residential well north of their home. Using an electronic static water level meter, I determined the depth of the well at 175 feet below ground surface (bgs), static water level at 129 feet bgs, giving them a total of 46 feet of water within their well. According to records from submersible well pump replacement in August 10, 2010 indicated the well had a static water level at 118 feet bgs (i.e. 57 feet of water within the well), and that the pump was set at 133 feet bgs (i.e. 15 feet into the aquifer). Under the conditions I observed on 6/7/13, the submersible pump would be a mere 4 feet into the aquifer and is running periodically dry through drawdown when run. Turning the well off, the water table seems to recover relatively quickly to 129 feet bgs.

Consequently, the water well system is drawing air and water and slugs of air were observed by myself at the
hydrant and at a tap within the Senske home. The cloudy water observed from the tap is likely air saturation within drinking water, and the clearing of drawn water was observed after a few seconds as very fine air bubbles volatilized. It was also noted that a small amount of white scale was present in drinking water within the Senske home, likely calcium deposits/scale being loosened and flushed through the home’s plumbing from the air “shocking” of the system from drawing air. Neither condition are judged to represent health concern for the home owners.

However, to ensure the Senske’s water was not tainted, I developed the well by running it for 15 minutes and analyzed the head space of water sample collected within a sterile lab jar with a photo-ionization unit (PID). PID readings were non-detect, and I did not detect odors of any sort. Samples were collected within 40 ml VOAs per MDEQ protocols for drinking water, and were submitted to a MDEQ licensed lab in Traverse City for analysis for BTEX (benzene, toluene, ethylbenzene and xylene isomers US EPA Method 8020) – a common indicator of petroleum constituents. I expect results during the week of June 17th.

In short it appears that the static water level within the Senske well has been lowered by 11 feet. Homeowners Senske’s reported that this problem is coincident with the nearby fracking operation which is also reportedly experiencing difficulties pumping groundwater to supply on-site fracking operations. The Senske’s are longterm occupants of this home, Mrs. Senske having been born there about 80 years ago and moved back decades ago. Both Mr. and Mrs. Senske reported that no problems have existed within water quality or quantity in this water well, which installed approximately in the early 1990s and used of potable water and irrigation on their farmstead. The only obvious change in the vicinity is the nearby horizontal fracking operation.

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Submitted by FARWatershed.com and respectmyplanet.org.

Contact: Jacque Rose, FARWatershed@gmail.com517-410-8959

Fracking creating major water consumption issues near Kalkaska

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Fracking creating major water consumption issues near Kalkaska

Unable to get 8.4 million gallons of water at site, Encana forced to buy water from Kalkaska, Mancelona city systems

For Immediate Release
June 4, 2013
Kalkaska, Michigan

Concerns about the impact to local groundwater by massive water use- on a scale never before seen in Michigan fracking operations- are coming to a head, as Encana Oil and Gas’s plan to use 8.4 million gallons of water to fracture a single well has been stymied by a lack of water on site.

Instead, the company is trucking water – nearly 1 million gallons of it in just one week – from the City of Kalkaska’s water system to meet its needs. This one fracking operation today is using more water than the Village of Kalkaska is using for all its needs over the same time period.

The Westerman 1-29 HD1 gas/oil well, located on Wood Road in Rapid River Township, Kalkaska County, originally permitted to Chevron Michigan, LLC is now being operated by Encana Oil & Gas (USA), Inc.

Westerman Well, Kalkaska, MI

 The permit issued by the Michigan Department of Environmental Quality authorized one water well on the site. The estimated water required for the gas/oil well was 8.4 million gallons. (That compares to about 10,000 gallons used to complete or “stimulate” wells in the traditional way – a massive increase in consumptive water use by the fracking industry compared to the past.)

The Michigan Water Withdrawal Assessment Tool (WWAT) estimated that 900 gallons per minute could be removed safely from the site and would cause no adverse resource impact. As it turns out, there isn’t enough water available on the site to provide 900 gallons per minute, let alone be safely removed.

An additional eight water wells were drilled on the site but apparently they did not produce either. Starting on May 31, 2013 water began being removed from the Kalkaska municipal water system to frack the gas/oil well.

The municipal withdrawal did not come close to supplying the water necessary to complete the Westerman well, so on Saturday, another water well was drilled off the site in the surrounding field.

westerman story photo 3

That water well also failed to produce sufficient water and trucks running around the clock continued to haul over 900,000 gallons of water from the Kalkaska municipal system over the weekend. At last report on June 4, 2013 the water was still being trucked to the well site from the municipal water supply.

Local resident and leading contributor of respectmyplanet.org, Paul Brady, states “If the citizens of Michigan knew corporations were destroying hundreds of millions of gallons of Michigan water – water that is supposedly protected by government for use by all of us – they would be opposing this new kind of completion technique. These deep shale unconventional wells are using massive amounts of water without adequate testing and solid data on aquifer capacity.”

Brady noted that the new fracking methods permanently remove water from Michigan’s watersheds. It is polluted with chemicals, shoved deep into the ground, and never returned to the water cycle. Encana has stated in shareholder presentations that up to 500 wells are planned for Michigan. Five new wells were permitted in Excelsior Township last week that estimate using 152,000,000 gallons of water. Eight more permit applications are pending.

The water use for these types of wells in Michigan is unprecedented: there is no gas or oil play in the entire USA that is using this much water per well.

The Michigan DEQ has taken some steps recently to try and deal with the astounding amounts of water destroyed by modern fracturing. But as of today, the primary tools that they are using to determine adverse impact to our water are inadequate to even judge how much water is available in any given location (as demonstrated by the Rapid River well situation), never mind how much can be safely removed. Michigan has no groundwater maps of this area; state officials don’t know how much water withdrawal our aquifers in Kalkaska County can support.

There is a way to find this out: do a pump aquifer yield test. State officials should require this testing whenever withdrawals of this magnitude are proposed for any reason, not just oil and gas exploration.

“This is not about the gas and oil industry”, says Brady. “We wholeheartedly support the Michigan oil and gas worker: they are our neighbors, family and friends here in Kalkaska. We are confident local oil and gas workers value the water as much as we do.”

Elected officials often remind us that water is by far our most precious resource. They need to step in and ensure that such massive quantities are not misused in this manner, and that unsustainable well drilling is not allowed.

This in an ongoing story and there will be additional installments forwarded as developments occur.

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Submitted by FARWatershed.com and respectmyplanet.org. All photos credited to respectmyplanet.org

Contact: Jacque Rose, FARWatershed@gmail.com517-410-8959

Thousands demand Lone Pine drop its NAFTA lawsuit against Québec’s fracking moratorium

Coalition for petition against LPR to drop NAFTA lawsuit vs. Quebec

PRESS RELEASE

For immediate publication

Thousands demand Lone Pine drop its NAFTA lawsuit against Québec’s fracking moratorium

(Ottawa, May 31, 2013) – Two weeks after the launch of a public petition, organizers have received over 3,000 signatures demanding that energy company Lone Pine Resources drop its $250 million NAFTA (North America Free Trade Agreement) lawsuit against Canada for Québec’s moratorium on fracking.

The petition sponsors—the Council of Canadians, the Réseau québécois sur l’Intégration continentale (RQIC), Sierra Club US, FLOW (For Love of Water), Eau Secours! and AmiEs de la Terre—sent three letters to Lone Pine today, each signed by 1,000 people, and will continue to collect signatures until the company agrees to drop the suit.

“People across Canada and the United States are outraged that a company would claim it has a ‘right’ to frack under trade deals like NAFTA, and that we might have to pay Lone Pine Resources not to drill in the St. Lawrence,” says Emma Lui, water campaigner with the Council of Canadians. “There should be no ‘right’ to frack, or to dig a mine, or lay a pipeline. Investment treaties cannot be allowed to override community decisions.”

“Governments must have the flexibility to say ‘no’ to fracking and other environmentally destructive practices without trade rules getting in the way,” said Ilana Solomon, Trade Representative with the Sierra Club. “The fact that a U.S. oil and gas corporation has threatened to bring a trade case against the government of Canada over a law intended to protect the health and well-being of its citizens shows just how backward our trade rules have become.”

In 2011, the Quebec government placed a moratorium on all new drilling permits until a strategic environmental evaluation was completed. When the current Quebec government was elected last year, it extended the moratorium to all exploration and development of shale gas in the province. Last fall, Lone Pine indicated that it planned to challenge Quebec’s fracking moratorium. Instead of going to court, the Calgary-based company is using its incorporation in Delaware to access the investment protection chapter of NAFTA, which is only available to U.S. and Mexican companies, to challenge the Quebec moratorium in front of a paid, largely unaccountable investment tribunal. The company says the Québec moratorium is “arbitrary” and “capricious,” and that it deprives Lone Pine of its right to profit from fracking for natural gas in Québec’s Saint Lawrence Valley.

“Lone Pine must drop its scandalous lawsuit against this legitimate policy of the Quebec government, who has just been listening to its people,” says Pierre-Yves Serinet, coordinator of the Quebec Network on Continental Integration (RQIC). “These provisions of such free trade agreements are direct attacks on the sovereign right of the Quebec government to govern for the welfare of its population. It’s astonishing that the negotiations between Canada and the European Union (CETA) follow the same blueprint. Time has come to end the excessive powers to multinationals,” added the spokesperson for RQIC.

“No trade tribunal should allow a company to sue a State that tries to protect water, which is a common good at the core of the survival and the health of the peoples and the ecosystems. Eau Secours! presses the Quebec government to also change its antiquated law on mining, to improve its water law and its sustainable development regulations to clearly reaffirm this willingness of protection,” declared Martine Châtelain, president of the coalition for a responsible management of water Eau secours!.

“Water in North America is part of a single system, starting with hydrologic cycle, and subject to generational public trust responsibility,” says Jim Olson, Chair and President of FLOW. “A moratorium that exercises this responsibility can hardly be challenged as a regulation: public trust and water have inherent limits.”

The NAFTA dispute and letter-writing campaign is happening as the Parti Québécois introduces legislation that would ban fracking in the St. Lawrence Lowlands for up to five years. The organizations involved in the letter-writing campaign are encouraged by the decision but support a complete Quebec-wide moratorium on fracking for oil and gas.

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MORE INFORMATION

Emma Lui, Water Campaigner, Council of Canadians,

613-298-8792elui@canadians.org

Twitter: @CouncilOfCDNs | www.canadians.org/fracking

Interview: “Watershed Moment” — FLOW Executive Director Liz Kirkwood with Amy Rotter on 88.1 FM Grand Rapids

Liz Kirkwood, Executive Director of For Love of Water (FLOW), discusses the mission of FLOW to advance the public trust doctrine: the basic fundamental notion that public resources, such as water, belong to and are shared by the public.

Press play to listen:

Click here to check out this and other “Watershed Moment” segments from the Grand Rapids Community Media Center and 88.1 FM Grand Rapids.

Transcription:

Announcer: This is a Watershed Moment, protecting water resources and building sustainable communities, brought to you by the West Michigan Environmental Action Council and Grand Rapids Community Media Center.

Amy Rotter: On today’s episode, we hear from Liz Kirkwood, Executive Director of FLOW, “For Love of Water.”

Liz Kirkwood: FLOW is really unique group here in the Great Lakes. It’s the only public trust policy center and educational group that is addressing the systemic threats in the Great Lakes. What that means is we are trying to advance the public trust doctrine, which is the basic, fundamental notion that public resources, like the waters, belong to, and are shared by, the public. And, it’s the duty of the state to protect the waters for the citizens and ensure that the waters themselves are not impaired. They also have a duty to ensure that protected public uses such as navigation, fishing, commerce, swimming, and ecological values are protected as well.

The public trust is an ancient doctrine that goes back to the Roman times, but it really pulls at all of our heartstrings, it’s that inherent sense that water cannot be privately owned, and it belongs to all of us. And that is a very important public right that we all have and it’s very empowering for citizens and governments and leaders to exercise as we face greater scarcity of waters and greater competition for those uses.

Please contact us at www.flowforwater.org.

Announcer: This has been a Watershed Moment, a production of West Michigan Environmental Action Council and Grand Rapids Community Media Center. Learn more about today’s topic at www.watershedmoment.info

FLOW Local Ordinance Program Brings Fracking Protection to Two Michigan Townships

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PRESS RELEASE

FOR IMMEDIATE RELEASE

May 23, 2013

FLOW Local Ordinance Program Brings Fracking Protection to Two Michigan Townships

Michigan Communities Seek Regulation of Horizontal Hydraulic Fracturing for Natural Gas

TRAVERSE CITY, MI – Two Michigan Townships—Cannon Township and Gun Plain Charter Township—signed up with FLOW to develop regulatory ordinances on horizontal hydraulic fracturing, or “fracking.” FLOW is the Great Lakes Basin’s only public trust policy and education center.  These townships, in Kent County and Allegan County respectively, are taking the lead in protecting their community from the industrial land-use impacts and potential risks of fracking.

Fracking for oil and natural gas is exempt from many regulatory laws at both the federal and state levels, including the Clean Water and Safe Drinking Water Acts, the Great Lakes Compact and Michigan’s Water Withdrawal Act. These townships are setting a precedent by being the first in the state of Michigan to develop fracking regulation ordinances in consultation with FLOW. Despite zoning prohibitions to regulate drilling, construction production, and operation of oil and gas wells, townships still do maintain legal authority to regulate ancillary activities, including roads, truck traffic, pipelines, flow lines, gathering lines, location of wells, disclosure of chemical use, air pollution and more. Moreover, townships can rely on other sources of authority such as police power ordinances.

Last week, Cannon Township enacted a fracking moratorium and will not consider any requests for fracking activities for a period of six months, so that the township has an opportunity to study potential impacts. On Wednesday, May 22, FLOW held the first of three educational meetings with Cannon Township officials and community members to facilitate the development of a fracking ordinance there. In this process, FLOW works with the township to determine what areas of concern are most pertinent to the community to regulate. FLOW will facilitate this same fracking ordinance development program in Gun Plain Township, and the first meeting there is scheduled for June 19.

“Whether you are for or against fracking, the important things for communities to know are the impacts we face with this high-impact and water-intensive technology, and be prepared in advance to handle it,” remarks FLOW’s founder and chair, Jim Olson.

Gun Plain Township was one of several townships present at the March 18 Allegan County Supervisors meeting at which FLOW was invited to present an educational overview of legal strategies and tools for local communities to regulate fracking. FLOW has delivered a similar educational overview program a dozen times throughout Michigan in the past three months. This informational presentation is based on FLOW’s November 2012 report, “Horizontal Fracturing for Oil and Natural Gas in Michigan: Legal Strategies and Tools for Communities and Citizens.” FLOW’s report highlights legal strategies and policies designed to assist local governments in safeguarding their communities against the unprecedented and cumulative impacts of fracking.

Horizontal fracking requires injecting a cocktail of up to 21 million gallons of water and over 750 chemicals under high pressure into wells in order to fracture deep shale formations and release oil and natural gas. A review of literature on fracking and its associated risks reveals several concerns: (1) massive water withdrawals; (2) groundwater contamination; (3) surface spills and leaks; (4) wastewater management; (5) land-use impacts; (6) truck traffic and burden on infrastructure; (7) lack of public disclosure.

The Collingwood/Utica deep natural gas shale formation spans across Michigan’s Lower Peninsula; since May 2010, around 752,260 acres of Michigan’s state land has been leased for oil and gas development. Grassroots and citizen organizations throughout the state have expressed their concern about fracking in their communities. While there are no producing fracking wells in either Cannon or Gun Plain Townships, most state lands in both counties and a significant portion of private lands have already been leased for exploration.  In response to concerned citizens, these townships are taking preventative action with FLOW’s assistance. FLOW encourages other concerned citizens and coalitions to alert their township Supervisors and examine the need for similar regulatory ordinances to protect against the industrial impacts of fracking.

For more information:
Liz Kirkwood, Executive Director, FLOW, (231) 944-1568
liz@flowforwater.org | @FlowForWater | www.flowforwater.org

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FLOW is a 501(c)(3) nonprofit organization whose mission is to advance public trust solutions to save the Great Lakes. Through its law and policy work, FLOW is raising public awareness about the public trust doctrine and its principles as a unifying framework to protect the commons and address the systemic threats to water, public lands, and the environment throughout the Great Lakes.

MLive: Cannon Township group gathers to discuss anti-fracking ordinance

Read the article on MLive here.

May 22, 2013 at 12:45 PM, updated May 22, 2013 at 1:06 PM

ROCKFORD, MI – A group of 15 citizens and township leaders gathered at the Cannon Township Hall on Wednesday, May 22, to create regulations that may limit hydraulic fracturing, or “fracking,” if an oil or gas well is ever drilled in the township.

Jim Olson, a Traverse City lawyer and founder of FLOW (For Love of Water) of Michigan said the session is the first of three he will lead with the goal of developing a zoning ordinance that would limit hydraulic fracturing in the township, located east of Rockford in northeastern Kent County.

Jim Olson, founder of FLOW (For Love Of Water) of Michigan, leads a meeting with citizens at at meeting in Cannon Township on Wednesday, May 22

Jim Olson, founder of FLOW (For Love Of Water) of Michigan, leads a meeting with citizens at at meeting in Cannon Township on Wednesday, May 22. (c) Jim Harger | MLive

“We will develop a package that is ready to turn over to your planner and your attorney,” Olson told the group at the outset of the two-hour meeting.

Earlier this month, the township’s board adopted a six-month moratorium on any “fracking” related activities while the board studies possible restrictions on “ancillary” activities.

Currently, there are no applications to drill oil and gas wells in the township or Kent County, according to the DEQ. Some private and public lands have been leased by oil and gas exploration companies.

“Fracking” pumps high volumes of water, sand and chemicals into oil and gas wells in an attempt to improve their flow.

Though “fracking” has been used on Michigan oil and gas wells for 60 years, environmentalists are concerned because “fracking” on modern horizontally drilled oil wells use millions of gallons of groundwater.

Olson told the group federal and state environmental laws exempt “fracking” activities while local governments are restricted from regulating the practice.

“We don’t take a position on whether fracking is good or bad,” he said. Banning the practice is not legal but local governments can take action to protect their water and air quality.

Banning the practice, Olson said, “is a difficult path to go down.” In fact, the state law says local groups are barred from regulating oil and gas drilling, he said.

But townships can govern “ancillary activities” such as water wells, trucking access roads, “sweetening facilities” that process the oil or gas, chemical and mixing stations and transfer stations, Olson said.

Olson said a special use permit could be developed “to at least let your citizens know what’s coming.”

Cannon Township resident Mary Reusch said she attended the meeting because she and her husband are worried about the possibility of losing the trees in the Cannonsburg State Game Area, which lies next to their home.

“It would break my heart to see those trees come down,” said Reusch, who said her husband walks through the forested area almost daily.

Reusch said she also is worried about the impact “fracking” could have on Meandering Creek, which runs through the 10-acre parcel on which they have lived for the past 13 years.

Cannon Township resident Shirley Kallio said she attended the meeting because a parcel of farmland near her home has been leased for oil and gas exploration.

FLOW leaders also are meeting with citizens in Muskegon County’s Montague Township and Kalkaska this week to discuss similar actions.
Olson, who plans to meet with the group again on June 19, gave the group “homework,” asking them to develop a rational for protecting their resources.

In the greater Grand Rapids area, the only oil and gas well that has permission to “frack” is located in Ionia County’s Ionia Township.

The well, which was drilled last fall on a farm north of I-96 by Texas-based Rosetta Resources, has not yet been “fracked” or completed, according to Bill Mitchell, a geologist with the Department of Environmental Quality.

Video: Jim Olson, Maude Barlow on Public Trust and the Commons at the Rochester, NY Sierra Club 15th Annual Forum

Click here to view the full video

FLOW President and Chair Jim Olson joins international water advocate Maude Barlow at the Rochester, NY Sierra Club’s 15th Annual Environmental Forum on March 25, 2013. To watch the video in full, click here.

The Water-Energy Nexus: FLOW at the MI Governor’s Energy Policy Listening Session

As part of Earth Day today, I had the opportunity to submit FLOW’s memorandum to the Michigan Public Service Commission at the Governor’s “listening session” on future energy policy in Michigan. At FLOW we believe that by looking at the entire hydrological cycle as a basis for addressing systemic threats like climate change–the single largest human induced diversion from the Great Lakes–water and energy policy and actions are inseparable. More importantly, if energy policy is elevated to an obligation to protect the integrity of water, something the commons and public trust in water may well require, then our energy policy can better promote jobs and economic stability and growth and protect water and the environment. FLOW Executive Director Liz Kirkwood also spoke at the forum to address the need to connect water to climate change, energy, and wasteful or inefficient and inequitable water consumption practices related to energy and food production, and other consumptive uses. You can read FLOW’s memorandum on the Energy and Water Nexus, along with the rest of our reports, on our policy center page. The text of our comments are below:

Click here to read FLOW President Jim Olson’s comments as a PDF
 
Click here to read FLOW Executive Director Liz Kirkwood’s comments as a PDF
 

Statement by James M. Olson, Chair, FLOW
A Water and Energy “Nexus” Policy For Michigan

The “energy listening” sessions ordered by Governor Snyder to help Michigan fashion an energy policy are welcomed. However, at a time of a climate change crisis fired by coal and other greenhouse gases with severe and worsening impacts and costs, including increasing extreme low water levels, there is a disconnect between energy and Michigan’s most valuable common treasure – water and the great lakes. No energy policy in Michigan should omit the protection of the integrity of our water – both quality and quantity- as one of if not its central core principles.

There is a rapidly increasing demand for water world wide and strong probability that global demand will outstrip supply in just 30 years. If anything drives the point home for a 21st century policy that centers on a “nexus” between water and energy, it is the staggering cost to life, property and communities from storms like those experienced in the northeastern United States this past year. Add to this the lowest water reported water levels in the Great Lakes, and devastating future climate change entails for all of us and our children in this century, and it becomes quite evident that water and energy are inseparable. It is imperative that water is declared the core of our energy policy. If we honor and respect the integrity of water and our Great Lakes, we will find and follow a sound energy policy.

Because of the need to address water and energy together (as a “nexus),” Michigan must move forward with a multi-disciplined framework that requires application of “integrated resource planning” principles for evaluating energy policy and options. The same should be true for water policy. This would require a goal and planning effort that seeks the least costly energy services and goods with a full evaluation of all costs to water, the ecosystem, and our communities. Without “full cost” and integrated resource planning, Michigan’s energy policy and use will lead the state into an impoverishing downward spiral — economically, environmentally, and culturally. “Pure Michigan” and a sound sustainable economy and jobs mean pure air and pure water both in quality and quantity.

Therefore, it is my opinion, and I urge the governor, his advisors and staff, and the legislature to consider and adopt an energy policy that conforms to the integrity of water, the gravity of climate change, and a dynamic open mindedness that applies full cost evaluation and integrated resource policy. If we fail to do this, Michigan will fall into decline while other parts of North America and the world begin to prosper.

Three points:

  1. Michigan sits in the middle of the most valuable water/ecosystem in the world. It is held in public trust so that it is protected from impairment and loss. The Great Lakes Compact and Water Quality Agreement of 2012 underscore this principle and enact a policy that these waters are held in trust and should not be diverted or loss by consumptive uses, and this requires a response to keep greenhouse gases in check.
  2. In one week, thermal electric power plants use (a net loss to great lakes) as much water as the Chicago Diversion. Energy costs are rising, water levels are falling, water is more essential than coal-fired or other fossil fueled power, including the extraction of equally water intensive fuels like fracturing deep shale for natural gas – deep shale fracturing will displace or remove approximately 21 million gallons in 21 days for just one gas well. Multiply this times the 1,000 wells we will see if this is not carefully considered and regulated, and it will result in a permanent loss of 21 billion gallons of water from fragile headwater areas.
  3. The only sound and secure goal for Michigan is to move quickly toward a renewable and efficient energy world. This will diversify, increase, and lower cost of energy supplies, reduce costly infrastructure, reduce toxic air and water impacts, and temper the effects of climate change, including our plummeting water levels. Equally important, it will set Michigan on a course to lead the nation and help the next generation create positive profitable investments, cheaper more appropriate power, new industries and jobs – batteries, solar, wind, and conservation. Michigan must enact a “greenhouse trust fund” for any so-called “bridge fuels” like natural gas so that the justification of such a water-intensive environmentally risky method of extraction will be assured by a conversion to a renewable energy economy.

Michigan and Michiganders are nothing without water. Any approach to energy without integrity of water as its core principle and without an immediate shift to renewable energy and efficiency will put Michigan in an economic and environmentally disastrous downward spiral. We owe to ourselves and children and grand children to put water and Community first. It is a matter of water and public trust. It is a matter of survival.
 
 

FLOW Executive Director Liz Kirkwood’s Comments on the Water-Energy Nexus

My name is Liz Kirkwood and I’m the Executive Director of FLOW (“For Love Of Water”), which is a water policy and educational institute dedicated to understanding the threats and solutions to water in the Great Lakes by focusing on the nexus between water, energy, food, and climate change.

I want to thank Michigan Public Service Commission Chairman John D. Quackenbush and Michigan Energy Office Director Steve Bakkal for the opportunity to speech and address overall question 1: What information do energy policy makers need to consider in order to make good energy decisions?

Michigan faces a watershed moment and opportunity to chart a new cleaner energy course that is good for jobs, good for the environment, good for energy affordability, and good for the water.

To chart this new course, we first must recognize that our energy choices profoundly affect our water and cause serious climate change impacts.

Water and energy are inextricably linked. Water is used and lost in energy-resource extraction, refining and processing, transportation, and electric-power generation. And yet, because water is such a cheap commodity, it is rarely calculated and balanced in our energy decisions. Let’s change this so that the water-energy nexus become an integral part of charting Michigan’s energy future plans.

By 2035, the amount of water consumed for current energy production is projected to double. During this same time, there will be increasing water scarcity from pollution, waste, drought and human-induced climate change and impacts.

Given the clear interrelationship between energy, food, and water, we can no longer “silo” these sectors; rather we must improve decision-making with greater integration and collaboration between water resource management and energy production.

This calls for a new vision that recognizes the nexus between water, energy, food, and climate change. To make this shift, we must view water in a different light where water becomes the starting point for everything we do. Without water the health of our people, economy and ecosystem are diminished.

The recent U.S. natural gas industry shale boom has reignited attention on the water-energy-climate change nexus. The big issue with hydraulic fracking is the water, both in terms of sheer quantity (e.g., 300 million gallons to frack 13 wells in Kalkaska County) and safe disposal of chemical-laden and often toxic waste water that will never return to our hydrologic cycle. Before Michigan embraces natural gas as a “bridge” fuel, we must conduct a generic analysis of cumulative impacts on water, environment, and health that properly weighs the unprecedented risks that fracking poses to our precious water resources.

Additionally, Michigan’s coal-fired power plants are the state’s largest single source of heat-trapping carbon dioxide emissions, which are detrimentally contributing to climate change by increasing lake evaporation and causing our extreme low water levels in Lake Michigan-Huron.

In fact, we hit record low water levels in January of this year – 26 inches below average – according to data collected by the U.S. Army Corps of Engineers since 1918. The water levels issue is at the heart of the Great Lakes’ and Michigan’s economy, energy and water needs, social fabric, quality of life, and environment. In March of this year, our Governor signed legislation providing $21 million in taxpayer emergency funds to dredge state harbors that are in danger of becoming impassable because of low water levels.

We cannot sit idle anymore; rather we must adapt our current fossil-fuel economy to one with low-carbon and low-water footprint. Water in effect must become the center of everything we do, such that shifting to renewables becomes the obvious energy choice and addresses the root causes of receding water levels so that we do not jeopardize our current and future way of life.

Michigan is already witnessing renewable energy sources like wind becoming more cost effective and affordable to our businesses and citizens than polluting traditional sources like coal and oil. Wind is at 4.5 cents/KWH as opposed to traditional blended energy sources at 7.6 cents/KWH. The benefits of renewable energy are clear: affordable, clean, stable rates, Michigan job generator, minimal water use, and protective of human health and the environment.

In addition, Michigan should promote energy efficiency and energy conservation in all sectors because it is the cheapest, cleanest, and most quickly deployed source of energy.

To chart this new course, Michigan must embrace its innovative manufacturing traditions and promote renewable energy sources to reduce pressure on water resources and limit adverse climate change impacts. We think Michigan can and should become a leader in renewable energy, and at a minimum compete with the neighboring states that currently generate 20%+ of renewable power with excellent reliability.

We urge the State of Michigan to think wisely about its future energy choices, pay for water consumed, and ensure that the long-term energy decisions are good for our water too. Once we chart this path, then we can proudly say we are living up to our motto: “Pure Michigan.”