Western Organization of Resource Councils
2401 Montana Avenue, #301
Billings, Montana 59101
406.252.9672 • billings@worc.org
NEW LEGISLATION WOULD PROTECT WATER, LANDOWNERS FACING OIL AND GAS DEVELOPMENT
FOR IMMEDIATE RELEASE: Tuesday, March 23, 2004
WASHINGTON D.C. - On March 23, 2004, Representative Mark Udall (D-CO) introduced legislation to balance oil and gas development with protections for landowners and western water resources.
H.R. 4017, the Western Waters and Farm Lands Protection Act, was introduced on Tuesday following several efforts to amend the energy bill under consideration by the House and Senate to include its protections.
"Oil and gas development is important to the nation," said Montana rancher Art Hayes Jr., spokesperson for WORC, a regional network of grassroots community organizations. "But it has to be balanced with protections for farmers and ranchers and the water they rely on to make a living. This bill brings us closer to the kind of balance we need to keep our western communities viable in the face of massive energy development."
The federal government owns millions of acres of oil and gas in the West, much of which sits under private land. H.R. 4017 contains provisions to protect water resources and private landowners, and ensure reclamation of all areas disturbed by oil and gas drilling. Specifically, the bill would:
- Require oil and gas operators to replace water supplies lost or damaged as a result of development.
- Require oil and gas lessees to outline steps they will take to protect water resources.
- Require oil and gas lessees to negotiate surface use agreements with private landowners whose property sits over federal minerals; in cases where an agreement cannot be reached, the bill provides for an alternative dispute mechanism to ensure good faith negotiations.
- Require that landowners be notified of leasing decisions affecting federal oil and gas under their property.
- Require full reclamation of all lands disturbed by oil and gas development, as well as bonds to adequately cover the costs associated with reclaiming all lands in case of forfeiture.
- Establish a clean-up program for abandoned oil and gas wells on federal lands and private lands that overlie federal oil and gas.
"The western United States is blessed with significant energy resources," said Representative Mark Udall when introducing H.R. 4017. "In appropriate places, and under appropriate conditions, they can and should be developed for the benefit of our country. But it's important to recognize the importance of other resources - particularly water - and other uses of the lands involved - and our bill responds to this need."
Development of federally-owned coal bed methane, natural gas, and oil has increased dramatically in recent years in response to higher prices and technological innovations. The energy bill that will be taken up again by the U.S. Senate in early January would further increase development of federally-owned oil and gas minerals through a combination of subsidies, tax incentives, and exemptions from environmental laws and public review requirements.
"We support development of energy resources where appropriate," Udall said. "But we also believe that this must be done responsibly and in a way that demonstrates respect for the environment and overlying landowners."
The Udall legislation was referred to the House Resources Committee.