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New Battle Looming in Waterline War?

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New Battle Looming in Waterline War?

County, energy industry may lock horns over new permit requirements

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County Engineer Nik Smith explained details of a new road crossing permit for pipelines crossing county roads or lying along county right-of-way at a meeting Wednesday.

The crowd of representatives that supply water for oil and gas drilling operations as well as companies that lay petroleum lines flowed into the hallway of the Kingfisher County Courthouse.

Smith reviewed changes to the county’s new 12-page permit form, which takes effect on April 1.

Smith said the commissioner meeting on April 8 will be the first when the new permit requests will be mandatory.

The new form, which replaces the current eight-page form, requires a five-foot setback for pumps that are used to transport drilling water from sources to drilling sites.

New requirements also will include lights on pumps and signage alerting motorists to their presence.

“Our primary concern has always been about safety of the motoring public,” District 3 Commissioner Heath Dobrovolny said.

“We understand and appreciate the importance of the energy company investment in the county,” he said.

“County crews use signage to advise motorists of work areas,” he added implying that the new pump requirement is an extension of a county policy already in effect.

“Our goal has always been to keep roads as safe as possible,” Dobrovolny said.

During the hour-long-plus meeting, Smith and commissioners answered questions from water company representatives.

One point of concern referred to the water providers being allowed to keep repetitive requirements on file with the county pipeline inspector, Cody Murray, who was also at the meeting.

Smith also said questions regarding the process could be referred to Murray.

Smith advised that all floodplain requirements would have to be followed as well as proof of liability insurance and providing an emergency plan in case of water line problems.

Signed and notarized landowner permission is required, a new requirement.

The requirements prohibit lines crossing on bridge surfaces or being tied to banisters.

Oklahoma Independent Petroleum Association-Oklahoma Oil & Gas Association President Chad Warmington took umbrage with the new requirements in an emailed statement issued after the meeting:

“We understand city councils and boards of county commissioners are concerned about the health, safety and welfare of their constituents. Oil and natural gas companies operating throughout the state share these concerns and are always willing to work with local officials to ensure ongoing operations observe reasonable protections.

“Last year, the Oklahoma Supreme Court reaffirmed that the Oklahoma Corporation Commission (OCC) has the exclusive jurisdiction to regulate oil and natural gas operations within the state,” Warmington continued. “The Court also held that any overly broad or burdensome regulation enacted by an entity goes beyond the jurisdictional scope given to city councils and boards of county commissioners by the law and may be challenged with the OCC.

“OIPA-OKOGA members look forward to continuing the tradition of working with community stakeholders throughout the state to ensure the safe and responsible development of our natural resources,” Warmington concluded.

Among companies represented at the meeting were: Brickman Fast Line, Chesapeake, Rodco, Tetra Technologies, Select Water Services, NFX, Cobalt Water Solutions, Limitless Land Services, A&W Water Services, Cimarex, Mustang Gas, H2 Services, Oneok, Marathon, Lottawater, SK, Devon, Howard Drilling, Encana, Gastar, Paloma Partners and Ace Land Co.