Right now, Albany County and the City of Laramie are working together to update their plan for safeguarding the Casper Aquifer. This aquifer supplies slightly more than half of the drinking water for Laramie’s 31,000 residents, as well as all drinking water for nearby residents in rural Albany County.
The good news is that the consulting firm hired to update the aquifer protection plan has identified a number of new protections for drinking water that the Wyoming Outdoor Council supports. We’re preparing to submit our own, detailed comments, but if you’re a resident of the area I encourage you to send a brief message encouraging the city and county to adopt the recommendations for the Draft Aquifer Protection Plan.
The Casper Aquifer Protection Area encompasses about 72 square miles that lie east of the City of Laramie, and is specially managed to prevent groundwater contamination. The Outdoor Council supports all the recommendations in the draft update, particularly that the city and county should:
— Prohibit livestock feedlots and commercial turf, such as golf courses, within the protection area. Both can contribute to groundwater pollution through runoff from nitrogen fertilizer and animal waste.
— Require consultation with a geologist or engineer prior to new development to identify geologic features like faults or springs that could serve as a conduit from the surface to the aquifer, confirm if development is appropriate in that location, and determine what protections might be required to do so responsibly.
— Add new strategies for managing possible contaminants — especially requirements for septic system inspections and maintenance, and expanding the network of monitoring wells to help detect pollutants before they contaminate drinking water sources.
The public scoping comment period closes at 5 p.m. Saturday, Oct. 8, so please send your comments today. If you have questions, feel free to reach out to me or visit the county’s website. We’ll keep you updated as the planning process proceeds, and let you know how and when you can get involved.
Like the rest of the landscape, water in Wyoming is dramatic. Rivers carve through canyons, geysers erupt from below ground, reservoirs emerge from arid shrublands, and idyllic trout streams meander down from the mountains. And with water for agriculture and industry in limited supply, any conversation about water management is likely to turn heated.
Clean water is vital to our health, economy, and quality of life in Wyoming — and to the fish, wildlife, and plant life that surrounds us. Protecting clean water is a core part of the Wyoming Outdoor Council’s mission. But with a few notable exceptions, it’s a quiet undertaking: Much of this work happens behind a desk or on the phone, pouring over technical documents to identify threats to water from industrial development or shifting regulations.
The nitty gritty work of an advocacy group like the Outdoor Council is watchdogging government actions at the state level. This can involve reviewing proposed rule changes within the Department of Environmental Quality or actions by the legislature. Or we may focus on more discrete topics, like permits to allow companies to inject polluted water underground or to dispose of pollutants into bodies of water on the surface. Oftentimes, opportunities to review and comment on proposed actions escape the attention of citizens and other advocacy groups who can’t dedicate a full-time staff member to water quality. Fortunately, the Outdoor Council can serve this role. And we often work with partner groups around the state to divide and conquer, ensuring these issues have the attention they deserve.
Reading public notices for draft wastewater discharge permits, proposed state agency rule changes, or legislative bill drafts is not what most folks consider exciting. Still, it’s essential: Sifting through these dense and technical documents is the front line of protection for clean water. Eventually we may show up at public meetings to ask tough questions. But if and when we decide to provide comments to regulators and decision makers on an issue and encourage citizens to do the same, we’ve done the legwork to identify and understand the problem and any possible solutions.
The ability to engage with agency staff and lawmakers, and to access the draft permits and regulations as well as the underlying data, is critical. Transparency keeps government accountable to the public and gives everyday citizens the ability to take action.
The Outdoor Council is working on some important water issues right now — like oilfield wastewater that’s flowing to Boysen Reservoir and could potentially be injected into the Madison Aquifer, and septic system rules and water quality planning in Teton County — but they weren’t dropped in our lap. We have to dig deep to uncover problems, bring them to the public’s attention, get agencies or decision makers to take a harder look or change their approach. It’s this work that often — but not always — yields positive outcomes.
We’re a small staff with a broad mission, and we can’t read every permit — much less conduct an in-depth review. But we’ve found success in focusing on geographic areas that are particularly sensitive or vulnerable to pollution, and on specific issues we’ve worked with communities on in the past. The quiet work of watchdogging water helps Wyoming citizens make their voices heard, loud and clear.
The work the Wyoming Outdoor Council does as a conservation nonprofit takes the effort of a group of people with a range of skills, backgrounds, and expertise. Across the state, we have become known for our immersion at the Wyoming State Legislature each year, where our conservation advocates work with lawmakers to help craft and pass some of our state’s most important conservation policy. We’re also known for citizen engagement, which involves the entire WOC team in planning events (in-person and online) that bring our work to you, our supporters, members, and the public.
But beyond these more public-facing endeavors, a lot of our work goes on behind the scenes, quietly and diligently. It is within this work that the Outdoor Council staff attorneys play an invaluable role. And it’s seen in no better place than the small legacy of our legal internship program, which we’ve run informally for about 20 years and which has recruited some of our current staff including Executive Director Lisa McGee and Conservation Advocate John Rader.
Our current intern is Alex Hamilton, a 28-year-old who is finishing up his law degree — as well as a master’s in Environmental Studies — at the University of Colorado-Boulder. His work so far with the Outdoor Council is proof of the critical role attorneys play in our work and more broadly in environmental conservation. It’s crucial to the watchdogging part of our mission — staff attorneys often are responsible for reviewing pages upon stacks of important legal documents to keep federal and state agencies and lawmakers accountable to their own policies, contracts, management plans, and legislation.
Alex’s particular interest has been in federal land use planning and management, which involves the land under the control of the Bureau of Land Management, the National Forest Service, and the National Park Service. Land use planning and management is the process of regulating the use of land by these agencies to allow for a variety of uses while preserving the land’s natural resources.
“I’m really excited to be working at the Outdoor Council on these particular issues,” he said, “because I’ve been working on the interface of federal and state law while at law school, and this is where WOC’s focus has been, too. With this last year being especially focused on school, it’s exciting to have tangible and meaningful work to do.”
For Alex’s internship, he’s already reviewed how the state of Wyoming has chosen to spend money from the Federal Natural Resource Policy Account since 2015. These funds can be used to take action in response to federal land, water, air, mineral and other natural resource policies, or to participate in environmental review processes.
Alex found that most of the expenditures have gone either to local governments to facilitate their involvement in federal land use planning or to the Attorney General’s office to fund litigation. But what he also found, and why the Outdoor Council was pursuing this research, was that despite the Eastern Shoshone and Northern Arapaho Tribes paying millions of dollars in taxes to help fund FNRPA, the tribes are not eligible to receive any of these funds. As a result, the tribes must fully fund their own participation in resource planning, while Wyoming counties receive tens of thousands of dollars in support from the state.
After finishing this review, Alex wrote a memo to Rep. Andi Clifford, requesting that the state legislature make the tribes eligible to seek these funds. The hope is to expand access to the account so that the tribes have the same support for engagement in federal land use planning processes that local governments do and so that it honors their vested interests in federal land use. Up until this point, the state has not allowed this.
Alex also has two other projects, both related to water quality issues. He’s reviewing the requirements that give the Wyoming Department of Environmental Quality primacy over the Clean Air Act and Clean Water Act. Primacy means that these state-level agencies like the DEQ have the ability to administer these acts, as opposed to the Environmental Protection Agency. If, however, the state agency isn’t meeting the criteria, the EPA can revoke primacy and begin to regulate these acts. Through his research, Alex is looking to ensure that the DEQ can meet — and is meeting —the requirements by adequately protecting Wyoming’s air and water in compliance with federal law.
He’s also helping to look into next steps regarding the DEQ’s decision to require surface water quality samplers (such as conservation groups, students, or citizen scientists) to have advanced degrees and other qualifications to collect data for determining surface water quality standards. His research is helping us understand the options the Outdoor Council could pursue with the Environmental Quality Council as well as any potential violations of the Clean Water Act this decision causes.
While Alex admits that delving deep into dense legal cases, regulations, statutes, and other documents isn’t always easy, he knows how important the task is to being a lawyer. It’s like solving a puzzle, he said, and part of that involves getting to understand how certain agencies communicate both internally as well as to the public through these documents.
The tangibility of working as an environmental lawyer is what hooked Alex on the career path initially, too.
“That’s a big part of the reason I’m in this field,” he said.
This path seemed to have been worn in from an early age. Alex grew up on the outskirts of the shores of Lake Tahoe, in Truckee, CA, and proclaims to have always loved the snow (which is a lucky penchant to have when living in the West). He was a cross-country ski racer in high school and went to college in Maine to pursue the sport. It was through ski racing that he was first exposed to the Rocky Mountain West, which he described as “eye-opening.” Although not dissimilar to northern California, the scenery and sense he got looking out many a ski team van window was enough to have an impact. When he graduated with an undergraduate degree in Environmental Studies, he was already sure about two things: that he wanted to get back West and he wanted to pursue law.
“I knew that I wanted to work in environmental and conservation from early on in college. I cared a lot about the Mountain West and wanted to work to protect these places that I care about.”
When he graduates in May of this year, he hopes to seek a position with the federal government, perhaps with the National Forest Service as a natural resources planner. He thinks it’s vital that the government uphold its responsibility to the people and to the land, and he wants to be a career employee who dedicates his life to that.
“This experience with the Outdoor Council has really prepared me to have a holistic perspective on the land use planning process as I pursue a position within the federal government,” he said. “I’ve seen first hand how it plays out from an interest group and an advocacy standpoint, and so now I’m able to bring this breadth of understanding to my future career and hopefully facilitate full and fair participation when it comes to land use.”
“I knew that I wanted to work in environmental and conservation from early on in college. I cared a lot about the Mountain West and wanted to work to protect these places that I care about.”
In a disappointing move, the Teton District Board of Health declined to adopt a proposed rule that would alert residents when increasing levels of harmful nitrates are detected in drinking water. The rule, drafted by the Wyoming Outdoor Council and Protect Our Water Jackson Hole, would have required the county health department to notify the public when elevated levels of nitrates are detected in any of the county’s 114 public water systems and investigate the source of the pollution.
While this is an unfortunate delay, the residents of Teton County have made it clear that clean, safe drinking water should be a priority in their community. Together with our partners, the Outdoor Council will continue working with county officials to enact this important safeguard.
OIL AND GAS LEASING
In late January, the Biden administration announced an executive order pausing new oil and gas leasing on public lands so the Department of the Interior can conduct a “rigorous review of all existing leasing and permitting practices related to fossil fuel development on public lands and waters.”
The oil and gas industry is an important part of Wyoming’s economy and, when done properly, development has a place on our public lands. However, the federal leasing program is decades out of date. We’ll continue to push for common-sense leasing reforms that will place the many other uses and values of our public lands (like wildlife habitat, historic cultural sites, and outdoor recreation) on equal footing with development, while also ensuring a fair return for taxpayers. Importantly, we want to see an end to noncompetitive “over-the-counter” leases as well as leasing of lands with low potential for producing oil and gas.
Whiskey is for drinking, water is for fighting over. In the arid West, there may be no more precious resource. So why would Wyoming risk contaminating a valuable reserve of fresh water for short term economic gain?
On November 10, the Wyoming Oil and Gas Conservation Commission approved a request by Aethon Energy to dispose of billions of gallons of oil and gas waste fluids from operations in the Moneta Divide into the Madison Aquifer.
The Madison is one of Wyoming’s most important aquifers, with remarkably high water quality. The Wyoming Water Development Commission considers the aquifer critically important for the water supply of the Wind River and Bighorn basins. It also supplies over a dozen Wyoming municipalities and the Bighorn regional water system, which provides water to 15 public water systems, and many ranching operations in the Bighorn Basin, Powder River Basin, and the Black Hills.
The Madison Aquifer is a valuable water source for Wyoming, and its value will only grow as our climate continues to change and drought becomes more frequent.
Because the Madison Aquifer serves as a current and potential drinking water supply, it is protected under the Safe Drinking Water Act — which prohibits injection of oil and gas wastewater. However, a company can seek an “aquifer exemption” if they can demonstrate that the aquifer “cannot now and will not in the future serve as a source of drinking water.”
Aethon, a Texas-based investment firm, purchased the Moneta Divide oil and gas field from the previous owner, Encana, and has plans to expand the field by an additional 4,250 wells. The Moneta Divide field, east of Shoshoni, is located primarily on federal public lands managed by the Bureau of Land Management. At full field development, these wells would produce about 59 million gallons a day of oil and gas wastewater — a mix of formation and flowback water from fracking that contains toxins like benzene and high levels of salts. This produced water is dangerous for aquatic life, public health, and the environment, and must be disposed of responsibly.
The BLM’s environmental review for the project states that treating and piping the water directly to Boysen Reservoir is the preferred method of disposal. Aethon acknowledges that treatment is “a viable option for managing the total volume of produced water within the Project Area,” and that “water treatment technology is evolving quickly and will likely become less expensive and more efficient in the future.”
But for now, water treatment is expensive, and Aethon has tried several methods to shift that cost to the Wyoming public. First, Aethon proposed to dispose of vast quantities of wastewater by dumping it into tributaries that flow into Boysen and downstream to the Wind and Bighorn rivers.
Now Aethon is proposing another alternative — injecting the wastewater into the Madison. This scheme is all too familiar. Aethon’s latest proposal is the fourth attempt by an operator to secure an injection permit for the Madison. The Oil and Gas Commission rejected previous requests after thoughtful deliberation by the commission, because the risk of contaminating the aquifer was too high.
Today, the composition of the commission has changed, and Aethon has renewed its efforts. At the November hearing, the commission heard hours of testimony from Aethon’s experts arguing that the injected wastewater could be contained in one part of the aquifer. The public raised numerous concerns during the scant half hour we had to present testimony.
More than 100 citizens filed written comments, unanimously opposing an exemption. As residents of Powell stated, “The current water quality is good and could in the future be pumped to the surface for municipal and/or industrial water supplies.” A resident of Pavillion, who has been dealing with drinking water contaminated by oil and gas activity for the past 15 years, wrote, “I am in favor of responsible development of our oil and gas resources, but not at the expense of contaminating our good quality drinking water.”
Despite the public concerns, the commission voted 4–1 to approve the exemption. Wyoming State Geologist Erin Campbell, the one dissenting vote, asked her fellow commissioners before voting, “Do you want to risk contaminating a viable aquifer?” and called Aethon’s venture “a gamble I don’t feel comfortable taking.”
The Madison Aquifer is a valuable water source for Wyoming, and its value will only grow as our climate continues to change and drought becomes more frequent. The Wyoming public isn’t comfortable rolling the dice with our water supply. Wyoming should take the long view and conserve our drinking water aquifers, not jeopardize an important public resource so that Aethon can avoid the cost of water treatment.
While Wyoming has primacy over injection wells in the state, new aquifer exemptions require EPA approval. The EPA will review the existing record, including written comments and testimony from the November hearing. We’ll continue advocating the protection of the Madison and will urge the EPA to deny this exemption. We’ll also let you know when there are opportunities for the public to weigh in again. Your voices every step of the way have made a difference.
On December 11, the Platte Valley mule deer migration corridor working group met for the first time. The seven people appointed to the group — representing agriculture, industry, conservation and recreation — are the first corridor working group established under Gov. Mark Gordon’s migration corridor executive order. Unfortunately, the initial meeting indicated that this group will likely consider removing the Platte Valley migration corridor designation, and weakening protections for this important herd. We’ll be blunt: the governor’s office appears to be prepared to yield ground to a small, loud group of voices that oppose the designation of migration corridors. But we know that many more of you value our big game and support common sense, locally-driven conservation protections.
If the Platte Valley is a special place to you, or if you know the iconic Platte Valley mule deer herd well, we encourage you to reach out to us as soon as possible. As the inaugural working group created under the governor’s order, Platte Valley will set an example for how other corridor working groups will operate in the future. And it’s important that this working group hear that the public supports science-based wildlife management that will help sustain our herds — and local wildlife economies — long into the future.
Mark your calendars for our next Conservation Cafeteria on Wednesday, January 6 — we’ll discuss the Platte Valley working group and all things migration. And if you are passionate about Platte Valley deer, please reach out to Kristen Gunther at kristen@wyomingoutdoorcouncil.org.
HOBACK RV PARK RESIDENTS AT RISK
Early this month the owner of Hoback RV Park informed tenants that they can stay on site through the winter, but their water and septic connections will be cut off after December 31. Residents will have the option to hire a private company to provide septic service to their trailers. This is a slight improvement — longtime residents previously faced eviction at the end of the year — but not a workable solution for all.
The owner, Crowley Capital, faces a number of serious violations of state and county regulations stemming from an inspection of the Teton County property that was requested by the Wyoming Outdoor Council, including liquid sewage seeping up from a failed septic system, disposal of concentrated nitrate waste into an unpermitted sump on the property, discharges exceeding permitted capacity limits, and water treatment equipment that was installed without a permit.
The Wyoming Department of Environmental Quality and the Teton County Commission have the authority to potentially fine the owners hundreds of thousands of dollars for the violations, some of which may date back 20 years and which left residents living in an unsanitary environment. The responsible parties, not their vulnerable tenants, should face the consequences, and the Outdoor Council has encouraged the regulatory agencies to work with the owners on a solution that is considerate of residents’ needs.
If you want to chip in, you can help support residents of the park with a donation through their GoFundMe page. The funds will help tenants pay for alternative septic services or the cost of moving their trailers.
RENEWABLES SITING GROUP BEGINS WORK
The Outdoor Council is taking part in the Wyoming Renewable Energy Siting Collaborative, an effort organized by the University of Wyoming to study issues related to utility-scale wind and solar energy development. Members of the group represent a wide range of interests and will be working together on policy recommendations that would minimize conflicts with wildlife, viewsheds, and other resources.
With sunny skies, plenty of wind, and a skilled workforce, Wyoming has great potential for renewable energy. But like all types of energy development, renewables projects can have unintended consequences if not sited in appropriate locations. A proactive approach to siting will help ensure future development is done right.
The Teton County Board of Commissioners and Jackson Town Council voted to approve a number of updates to the county’s comprehensive land use plan. This document, which will guide development over the coming years, was revised to include important water quality protections proposed by the Wyoming Outdoor Council and Protect Our Water Jackson Hole. Chief among them is a directive for the county to develop a wastewater management plan that will address rising levels of nitrates in the Snake River Aquifer, which serves as the county’s only source of drinking water.
A patchwork of small wastewater plants, independent sewer districts, and private septic systems are serving Jackson Hole’s growing population, and some of these systems are unable to keep up with the demand or otherwise not functioning as intended. The wastewater management plan is expected to lead to improved regulation of treatment facilities and septic systems.
In the comprehensive plan, the county recognizes the public’s right to clean, affordable drinking water and the importance of the Snake River Aquifer. The plan also commits the county to:
Gather baseline data and coordinate with other agencies to monitor water quality.
Investigate regulations and ordinances to protect public water systems.
Examine new tools to protect water quality, such as an aquifer protection overlay.
Encourage public water suppliers to establish or update source water assessments and protection plans.
AETHON INJECTION REQUEST
The Wyoming Oil and Gas Commission voted to allow a company to inject oil and gas wastewater from the Moneta Divide field into the Madison formation, an aquifer protected under the Safe Drinking Water Act. This is unfortunate: More than 100 written comments, as well as public testimony before the commission, were unanimously opposed to this decision.
The company argued the depth of the aquifer at the well site, and levels of benzene in groundwater samples taken from the well, make it an impractical fresh water source. But the benzene may in fact be contamination from drilling mud used to bore the well and the state Department of Environmental Quality previously determined the aquifer was a viable source of drinking water. There’s also evidence that wastewater injected at the site will eventually spread.
In the arid West, faced with the uncertainty of a changing climate, we aren’t willing to sacrifice a source of fresh water that may prove invaluable to future generations. The EPA has final say on whether to approve the Oil and Gas Commission’s action and we’ll continue to defend potential drinking water sources.
The Wyoming Department of Environmental Quality recently issued a final wastewater discharge permit for the Moneta Divide oil and gas field. In response to environmental concerns and strong public opposition, the permit rejects Aethon Energy’s request to increase (by almost 400 percent) the amount of contaminated water it discharges into tributaries of Boysen Reservoir, and includes stronger pollution controls. Engaged citizens like you were crucial to guiding this decision: thank you!
This new permit is still not without flaws, however. It gives Aethon four years to come into compliance with the new standards despite ongoing violations of the previous, more lenient permit. The Outdoor Council will continue to advocate for an accelerated compliance schedule.
Aethon is now seeking to inject some of its contaminated water into the Madison formation, a drinking water quality aquifer protected under the Safe Drinking Water Act. The Wyoming Oil and Gas Commission will hold a hearing November 10 to consider this proposal. We’re asking Outdoor Council members to contact the commission and ask them to protect our drinking water by denying Aethon’s request.
TETON COUNTY STATE LANDS
During the 2020 session, the Wyoming Legislature passed a bill soliciting proposals for parcels of state land in Teton County. The Outdoor Council has collaborated with several partner organizations to submit recommendations on these parcels to the Office of State Lands and Investments.
Most of the parcels in question are adjacent to federal public lands — primarily Grand Teton National Park and Bridger-Teton National Forest. We support selling these parcels to the federal agency in question to keep them open to the public and free from development, while also generating revenue for the state. For parcels surrounded by private land we recommended a mix of solutions including conservation easement, transfer to the Wyoming Game and Fish Commission to manage as wildlife habitat, and private development adhering to the Teton County Comprehensive Plan.
Because these land transfers could take years to implement, we also proposed uses of these lands that could produce revenue for the state in the short term. These include conservation leasing, leases for recreation or tourism, and maintaining existing cattle grazing.
FROM THE LEGISLATURE: Without any public disclosure that the topic would be discussed, and after public comment had closed, a Wyoming legislative committee decided September 11 to once again consider legislation that could effectively kill the state’s rooftop solar industry by changing our net metering law. Why does this sound vague? Because the committee never defined the content of the bill nor had a draft bill on the agenda. We’ll be discussing this topic at our next Conservation Cafeteria session, 12 p.m. Wednesday, October 7 on Zoom. Watch for an upcoming email to register.
LEASING PAUSED IN GROUSE HABITAT:The Bureau of Land Management has deferred all parcels in Greater sage-grouse habitat management areas from Wyoming’s upcoming oil and gas lease sale. This came in response to a federal court ruling early this summer that determined the BLM had failed to prioritize leasing outside core habitat as required by 2015 land management plan revisions. The Wyoming Outdoor Council formally protested the September sale, which originally included all parcels from a postponed June sale and more than 330,000 acres of sage-grouse habitat.
Also in the past weeks, Outdoor Council staff submitted a protest of a Converse County oil and gas project that has the potential to destroy sage-grouse leks and harm hawk, falcon, and owl populations.
TETON COUNTY WATER QUALITY: In the continued effort to protect drinking water in Jackson Hole, the Outdoor Council took several steps in recent weeks to guide county officials toward more effective regulations. First, we submitted detailed recommendations on water quality protections that should be included in Teton County’s Comprehensive Plan, which is currently being updated. These include modernized regulations for small wastewater facilities, requiring septic system inspections when property is bought and sold, providing incentives for homeowners to connect to existing sewer lines, creating a management plan to address the high levels of recreational use on rivers and lakes, and establishing a water quality database. We have also proposed a new rule that would require the Teton County Public Health Department to notify the public when elevated levels of nitrates are detected in any of the county’s 114 public water systems, investigate the source of the pollution, and require remedial action if necessary.
WASTEWATER PLANNING: The Teton County Commissioners have approved funding to begin crafting a comprehensive wastewater management plan. The Wyoming Outdoor Council advocated for this important step toward addressing nitrate pollution in the area’s groundwater and our partner organization Protect Our Water Jackson Hole is contributing half the cost of the planning effort, up to $250,000.
TETON COUNTY CREEKS:The Teton County Board of Health has placed signs at public access points along Fish and Flat creeks, warning tubers and anglers about high levels of harmful bacteria in the water. The Wyoming Department of Environmental Quality listed all of Fish Creek and a portion of Flat Creek as “impaired” by E. coli earlier this year, meaning the water isn’t considered safe for swimming. The Outdoor Council is working toward solutions to address this dangerous condition.
CONVERSE COUNTY OIL AND GAS PROJECT: We are preparing to file a protest of the final environmental impact statement for a 5,000 well oil and gas project in Converse County and related amendments to a federal land use plan. If approved, the alternative selected by the Bureau of Land Management would waive existing protections for hawks and falcons, and potentially wipe out dozens of sage-grouse leks.
ENERGY TRANSITION: We recently submitted comments to the Wyoming Public Service Commission on Rocky Mountain Power’s Integrated Resource Plan, which seeks to add new wind and solar energy generation in Wyoming and other Western states as coal-fired plants are retired over the coming years. We urged the PSC to work with Rocky Mountain Power to prepare for changes to the energy economy and develop transition plans for affected coal workers and communities.
