Friday, December 16, 2011

Fort Worth disposal well 'pilot' won't fly

I have to cede these points to Fort Worth Councilman Sal Espino: He has been persistent and consistent on the lingering issue of saltwater disposal wells inside the city limits.
 
He wants to continue the moratorium on new permits for those wells (also called injection wells) that's been in effect for more than five years. And he wants the city to issue a permit for one such well in his district. He says it would be for a "pilot project" in the Alliance industrial area of far north Fort Worth.
I just can't figure out how he can combine the two.
 
A moratorium on all permits but one -- isn't that the "a little bit pregnant" theory of regulatory controls?
I don't see how you tell one applicant (admittedly a very influential one) "yes" while telling all the rest "no," even if their proposals might be identical in every aspect except location.
 
You can't get around that just by calling the Alliance plan a "pilot project." That would have to mean Alliance would be testing something that is new and different that hasn't been tested elsewhere in the city. There is nothing unique about the Alliance proposal as it has been presented so far.
 
Fort Worth already has a pilot project for a disposal well to handle the millions of gallons of waste water and produced water from natural gas wells. It's the Chesapeake Operating Company Brentwood project off East First Street near Oakland Boulevard.
 
The City Council approved the Brentwood pilot in 2008 to examine the feasibility of a saltwater pipeline network to deliver gas well waste to the disposal well, study methods of recycling produced saltwater and gather other "appropriate data" on disposal options.
 
The council has been told to expect 14 drilling pad sites to be connected to its well by pipeline by the end of the year.
 
Evaporation units have been installed to test recycling by sending some of the waste into the air as water vapor.
 
The Alliance proposal aims for nothing more than that, at least according to a July presentation to the council from Russell Laughlin, senior vice president of Alliance Texas.
In fact, it aims for less. Alliance already has installed a 32-mile pipeline gathering system for saltwater from about 400 wells on 54 pad sites in the 17,000-acre development. About half of those wells have been drilled.
 
There's no real need to test whether gathering that water in pipelines is better than gathering it by the truckload -- that's a no-brainer.
 
And recycling? Well, not so much right now. Maybe later, said Laughlin, "when recycling comes to a point such that we can begin the recycling model of it."
 
Rick Trice, city assistant director of planning and development, told the council that the Brentwood pilot project has shown it is feasible to recycle only "a very low percentage" of saltwater produced from gas wells, although more tests will be done.
 
There are good arguments for lifting the moratorium on injection wells in Fort Worth, especially those served by pipelines rather than road-damaging trucks. There are also good arguments against them.
But as it has been described so far, the Alliance proposal appears to be nothing more than a one-time exception to the moratorium on disposal wells. It's hard to see the justification.
Espino and Alliance will have a chance to make their case in January and February, when the city will hold a series of public meetings to gather information and opinions about disposal wells for a council decision in March.
 
The moratorium is set to expire April 30.

Mike Norman is editorial director of the Star-Telegram / Arlington and Northeast Tarrant County. 817-390-7830

Wednesday, December 14, 2011

Fort Worth City Council Arrogance is Boundless

The Fort Worth City Council passed a “non-binding” (although they didn’t make the non-binding part clear to the public) resolution on November 15, 2011, with Council Members Sal Espino and Kathleen Hicks voting against the measure as being unrepresentative of the citizens of our city.

Essentially the resolution states that the Mayor and City Council did not agree with our right to make the decision with regard to possible changes in the city charter (our city constitution) that will affect the number of city council districts.  Preferring instead to make a feeble attempt at forcing their own opinions and personal wishes on the citizens of Fort Worth with a “resolution,” rather than allowing us to make that decision as authorized in the Texas Constitution and state law.

The Texas Local Government Code, Chapter 9, Section 9.1004 clearly states that the power to change our City Charter (our city constitution like the Texas Constitution) rests only with the voters of this city.  The "rules" by which our city council operates (or does not operate) resides in that City Charter and cannot be altered or modified in any way by elected officials.  It's clear that when you consider this latest Fort Worth "resolution" to do nothing, it is very obvious that our founding fathers understood the reasons for NOT allowing elected officials the power to alter our Texas Constitution or the City Charter.

Fort Worth Citizens for Responsible Government has joined the cooperative effort, (Coalition for a Better Fort Worth) that includes concerned citizens, neighborhood leaders, neighborhood associations and public officials.  We are moving forward with a petition drive to put city council charter amendments (propositions) on the ballot for an 11 member council and a second petition for term limits.  The petition effort as being proposed by ordinary citizens wishing to exercise our right to vote on issues that the city council has no authority to modify or amend. 

After talking with many neighborhood leaders that we have known and worked with for years, and conducting my own surveys, I believe that enough support exists (in excess of 75% in favor) to get the petitions completed and get at least these two propositions on the ballot for consideration in May 2012.  For the short term we will be using Fort Worth Citizens for Responsible Government PAC in order to collect donations and expend funds in this collaborative effort.

At no time during the petition drive are we going to engage in debate about whether staying with 8 and 1 is effective or if there is a need for 11 council members.  That debate can and will happen once these issues are on the ballot.  We learned with the successful Tarrant County "Over 65 Tax Freeze" petition drive that discussing the issue BEFORE it is actually on the ballot is at best a waste of time, and at worst just plain stupid.  The discussion has no value to anyone outside of general conversation.

If you believe as I we do and want to volunteer in your neighborhood to help us complete these petitions, please feel free to contact me by email at texasambulance@aol.com

Louis McBee
Fort Worth Citizens for Responsible Government
responsible@youcandecide.org