Top court dashes county’s water fight, again
Kingfisher County commissioners were able to get Oklahoma’s Supreme Court to reconsider an order it issued in mid-November that handed a victory to oil and gas operators by ruling state law gives the Oklahoma Corporation Commission exclusive authority to oversee the industry’s operations. However, an order it issued Monday to replace the original added more specificity to its decision favoring the industry in a battle that pits it against both regulators and at least some residents in the county. Commissioners asked the court to take another look because of its argument the original ruling took away authority county officials are required to exercise under state law to control rights of way along county roads and highways. The court disagreed. This time, it voided a resolution that commissioners approved in April that governs how oil and gas operators use temporary lines in rights of way along county roads and highways. While the court’s majority agreed state law gives a municipality, county or other political subdivision the ability to enact reasonable ordinances, rules and regulations concerning road use (and other matters) incidental to oil and gas operations within its boundaries, it also stated the county’s resolution failed to meet that test. First, the order states the matter at hand doesn’t involve road use. Second, it states Corporation Commission rules only recognize a local jurisdiction’s ability to enact reasonable ordinances when they “are not inconsistent” with corporation commission rules. Historically, boards of county commissioners have allowed oil and gas operators to use temporary lines in road and highway rights of way to carry water to drilling and completion locations. Kingfisher County’s commissioners cited environmental concerns when they opted in April to approve a resolution to only permit only lines used to carry fresh water. They took that step after learning some operators had been using them to carry treated, produced water to well locations. Oil and natural gas industry representatives objected, saying the restriction potentially could add millions of dollars in costs to well completion activities and significantly increase truck traffic and increase companies’ use of fresh water that otherwise could be used for crop irrigation and other purposes. Attempts to negotiate an amicable solution to the problem failed, ultimately prompting the Oklahoma Independent Petroleum Association — Oklahoma Oil and Gas Association to take the issue before the Supreme Court. County commissioners haven’t acted on pending permits in months. The attorney representing commissioners didn’t respond to an emailed request for a comment or return a phone call on Wednesday. Chad Warmington, the oil and gas association’s president, said he wasn’t surprised by the court’s latest order, adding the association and the industry it represents remain willing to work with local regulators to ensure their rules don’t overstep the bounds of state law when it comes to oil and gas operations. “The court’s ruling clearly defines what local governments can and cannot regulate, providing clarity for the oil and natural gas industry by eliminating the possibility of a patchwork of regulations that vary from county to county,” Warmington said.
The court’s ruling clearly defines what local governments can and cannot regulate, providing clarity for the oil and natural gas industry by eliminating the possibility of a patchwork of regulations that vary from county to county.”
Chad Warmington, the oil and gas association’s president