Two Powder River Basin ranching families have asked the Wyoming Supreme Court to review their case against the state engineer for allegedly allowing coal-bed methane producers to waste the state's water.

First Judicial District Judge Peter G. Arnold had dismissed the lawsuit in June. Arnold asserted that the state's regulatory actions regarding coal-bed methane water discharges were in accordance with the state constitution.

In his order, Arnold suggested the issue is ripe for a remedy, writing, "Any decision by this court would not resolve the current case and controversy. Instead, any decision by this court most certainly will evoke political, administrative, philosophical, and/or academic debate or argument."

Plaintiffs Bill and Marge West and L.J. and Karen Turner maintain that the state engineer and Wyoming Board of Control haven't lived up to their obligations to manage state waters in a manner that is "in the public interest" of the citizens of the state.

"We didn't believe we'd get a response in the District Court, but that's part of the process," L.J. Turner said. "The judge in our case didn't want to rule on anything that was going to be controversial."

Pumping water from coal aquifers has long been regarded as necessary to produce the methane gas that resides in coal. Massive amounts of groundwater - more than 582 million barrels in 2007 alone, according to the Wyoming Oil and Gas Conservation Commission - are pumped from coal seams to relieve the hydrostatic pressure that holds the methane in place.

Some of the produced water is used for irrigation and watering livestock. However, the volume of water produced in the basin far exceeds practical uses, and sometimes floods low-lying pastures.

The Turners allege the draw-down on coal aquifers has affected their groundwater wells. Bill and Marge West allege multiple damages, including leaky coal-bed methane water reservoirs, and the inability to use produced water for irrigation.

State Engineer Patrick Tyrrell said he believes Arnold's decision to dismiss the case was the correct decision.

"It is what it is. We will make a strong case to the (Wyoming) Supreme Court, and we look forward to doing that," Tyrrell said.

Energy reporter Dustin Bleizeffer can be reached at (307) 577-6069 or dustin.bleizeffer@trib.com.

* Last we knew: A lawsuit was filed against the state engineer, alleging he failed to uphold his constitutional and statutory obligations to protect the state's groundwater, was dismissed in June.

* The latest: The case has been appealed to the Wyoming Supreme Court.

* What's next: The court is likely to issue a judgment after hearing arguments.]]->

A "show cause" order by the Wyoming state engineer's office has resulted in the plugging and abandoning of some 255 coal-bed methane wells in the Clear Creek and Crazy Woman drainages in the Powder River Basin.

In December, State Engineer Patrick Tyrrell issued an order to several coal-bed methane operators asking them to explain why some wells had yielded only water and no coal-bed methane gas.

The order targeted some 292 wells more than five years old. Tyrrell said only two operators have requested formal hearings to keep their wells pumping. Continental Industries requested a hearing regarding eight wells, and Brenan Engineering and Instrumentation requested a hearing regarding 29 wells, according to Tyrrell.

Over the past several years, engineers and geologists came to realize the industry sometimes drills more wells and pumps more water than it has to. In December, it was estimated that more than 39,000 acre feet of water had been produced from wells that had not produced any gas.

Late last year, Welldog Inc. shared information with state officials about the hit-and-miss nature of drilling for coal-bed methane in the basin. The company's analysis of its own data, and data from the state, determined that about 8.6 percent of all coal-bed methane wells that had been in production for two years did not contribute to the production of coal-bed methane.

Those wells pumped about 223 million barrels of water, or 29,000 acre feet.

That was the low end. The high end estimate, which some in the industry dispute, is 39.3 percent.

John Robitaille, vice president of the Petroleum Association of Wyoming, said his organization supports the state engineer's efforts to stop wasteful water discharges in the coal-bed methane industry. Robitaille noted that it is necessary in some cases for wells to produce only water because they contribute to the overall production regime in a localized area. However, the state engineer is correct to ask for evidence, he said.

Robitaille said the show-cause case is evidence that the state is serious about controlling volumes of coal-bed methane water.

"So to say that nothing's being done is not entirely correct," he said.

Tyrrell said his office is investigating more wells in the Powder River Basin regarding wasteful water discharges, and expects to file another "show-cause" order within weeks.

- Dustin Bleizeffer]]->