GILLETTE - A group of landowners in Wyoming's Powder River Basin says state leaders refuse to help protect against harm from coal-bed methane water, so they're looking downstream to Montana for help.

"We really struggled with ourselves about whether we wanted to file suit against our own governor," said Bob LeResche, a Clearmont rancher who chairs the Powder River Basin Resource Council's board. "But we decided he couldn't be any more negative toward us."

The Powder River Basin Resource Council filed for intervenor status on Thursday, asking to join the state of Montana in a federal court case challenging that state's "non-degradation" rule that effectively directs coal-bed methane water management upstream in Wyoming.

Three coal-bed methane production companies - Pennaco Energy, Marathon Oil Co. and Devon Energy Corp. - filed suit in U.S. District Court in Wyoming earlier this year demanding that the federal Environmental Protection Agency rescind its approval of Montana's recent non-degradation rule, which essentially prohibits the industry from dumping untreated byproduct water into streams.

In making the rule, Montana said it wanted to protect downstream irrigation uses while leaving itself some capacity for coal-bed methane water discharges on the Montana side of the drainage.

The EPA approved Montana's rulemaking, setting off the legal battle. Wyoming joined the companies in their petition, arguing that Montana's rule is not based on sound science, and that it unfairly limits Wyoming's ability to regulate its own resources.

A spokesman for Devon Energy said his company manages coal-bed methane water prudently.

"It's our practice not to comment on litigation, but Devon's commitment to operating in an environment sensitive way is a very high priority," said Brian Engel, manager for public affairs for Devon.

The lawsuit is one of several ongoing cases regarding coal-bed methane development - an industry that directly employs about 900 people in Gillette alone and contributes hundreds of millions of dollars annually in taxes and royalties to state and local governments.

The industry also drills nearly 3,000 new wells each year, and pumps about 1.5 million barrels of highly saline water to the surface each day where it is either dumped down draws or stored in reservoirs.

In some instances, coal-bed methane water is put to beneficial use, such as agricultural irrigation and livestock watering. However, a majority of the water isn't put to a specific beneficial use and often overruns low-lying grazing lands.

"These Montana water standards are important to us," LeResche said. "Wyoming should be trying to exceed them, rather than trying to overrule them on behalf of an already thriving industry. Have we no Wyoming pride?"

Energy reporter Dustin Bleizeffer can be reached at (307) 682-3388 or dustin.bleizeffer@casperstartribune.net.