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portunities to work together to capture produced water, and,
<br />if quality permits, sell it to users. Existing water law can help
<br />ensure produced water is put to beneficial use, but the current
<br />legal framework does not create incentives for companies to
<br />take such actions.
<br />There are considerable advantages that can come as states
<br />clarify the ownership of produced water and owners take
<br />responsibility for ensuring that it is put to beneficial use. For
<br />example, the Powder River Basin Council petitioned the state
<br />in 2006 to require produced water be put to measurable benefi-
<br />cial use. A 2006 state district court decision also strengthened
<br />the control of surface owners over produced water in ruling
<br />that if produced waters are not discharged into natural water-
<br />courses, surface owners have more control over what happens
<br />to the water. Wyoming also enacted a split estates act in 2005
<br />that gave surface owners more voice in the development of
<br />resources under their property, and other states are considering
<br />similar legislation. The Montana Board of Environmental Re-
<br />view has established a no degradation of stream water quality
<br />resulting from discharged water. These are important first steps
<br />in developing state laws that clarify the ownership of produced
<br />waters and ensuring that these waters are used carefully and
<br />productively.
<br />Stakeholders in CBM basins can come together to develop
<br />guidelines for the development within their regions. Watershed
<br />groups and other community-based initiatives have been devel-
<br />oped in the West to bring parties together to overcome political
<br />fragmentation, reduce litigation, and encourage innovative and
<br />cooperative solutions to natural resource problems.
<br />This model could be applied to addressing CBM problems.
<br />Stakeholders can meet together to fashion plans to produce ac-
<br />curate baselines for water quality and quantity, review compli-
<br />ance with testing and monitoring requirements, develop water
<br />management plans to ensure beneficial use, negotiate best
<br />management practices that minimize adverse impacts, ensure
<br />surface owners are involved in decisions affecting their lands,
<br />integrate CBM with other water management and ecosystem
<br />planning, and aggregate experience and lessons and communi-
<br />cate those with those in other CBM basins.
<br />National Energy Policy Development Group, National Energy Policy: Reli-
<br />able, Affordable, and Environmentally Sound Energy for America's Future 1:7
<br />(May 2001).
<br />2 Matthew R. Silverman, Coalbed Methane in the Rocky Mountain Region:
<br />Yesterday, Today, and Tomorrow, in Coalbed Methane Development in the
<br />Intermountain West 125, at 125 (Natural Resources Law Center, University of
<br />Colorado School of Law CD -ROM, July 2002, hereinafter NRLC CD -ROM).
<br />3 Walter B. Ayers, Jr., Coalbed gas systems, resources, and production, and
<br />a review of contrasting cases from the San Juan and Powder River Basins, 86
<br />AAPG Bulletin 1855 (Nov. 2002).
<br />4 See Gary C. Bryner, Coalbed Methane Development: The Costs and Ben-
<br />efits of an Emerging Energy Resource 43 Nat. Res. J. 519 (Spring 2003).
<br />5 C.A. Rice and T.T. Bartos, Nature and Characteristics of Water Co -Pro-
<br />duced with Coalbed Methane with emphasis on the Powder River Basin (pre-
<br />sentation at the U.S. Geological Survey Coalbed Methane Field Conference,
<br />May 9-10,2001).
<br />6 Peggy Williams, "Western Coalbed Methane," Oil & Gas Investor 34 (Nov.
<br />2001).
<br />7 Hal Clifford, Drilling method pumps up floods of conflict, The Christian
<br />Science Monitor (January 3, 2002) hppt:Hcsmonitor.com/2002/0103/p3s1-
<br />usgn.html, last visited January 4, 2002.
<br />8 Jill Morrison, CBM Development, Ranching, and Agriculture, NRLC CD-
<br />ROM.
<br />9 The discussion in this section is based on Kate Zimmerman, Federal, State,
<br />and Local Regulatory Framework for Permitting of CBM Development,
<br />NRLC CD -ROM.
<br />10 33 U.S.C. 1313(c)(2)(A);40 C.F.R.` 131.1l(a)(1).
<br />11 40 C.F.R. ` 131.11(a)(1).
<br />12 33 U.S.C. ` 1313(d)(1)(C).
<br />13 42 U.S.C. ` 300hh -8.
<br />14 42 U.S.C. ` 300(h)(b)(2).
<br />StormCon 106
<br />July 24 to 27, 2005
<br />Adam's Marc Hotel
<br />Denier, Colosdo
<br />216 Presenters from 35 states and 5 countries
<br />Proven techniques for solving community, construction site and industrial stormwater pollution
<br />175 vendors, contractors, and consultants exhibiting equipment, product, and services
<br />Topics covered:
<br />BMPs in Practice
<br />Managing the Stormwater Program
<br />Research and Testing of BMPs
<br />Comprehensive Water Quality Management
<br />StormCon is presented by Forester Communications, publisher of Stormwater magazine.
<br />For more information including how to register, go to: wwwstormcon.com
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