The driest summer in more than a decade prompted an Ohio watershed district this summer to take the unprecedented step of limiting the use of water for oil and gas fracking.

The restrictions applied only to Atwood Lake, a popular boating and fishing spot southeast of Canton that has experienced a foot and a half drop in water levels over the past few months of drought.

It’s a scenario some environmentalists anticipated years ago, saying that climate change will require state and local officials to more carefully regulate the use of water for oil and gas extraction.

“They’re not being proactive enough,” said Leatra Harper, director of the FreshWater Accountability Project, stressing that the lakes are public resources. “The obvious issue is there aren’t adequate protections.”

Hydraulic fracturing, as it’s more formally known, pumps millions of gallons of water mixed with sand and chemicals down into oil and gas wells. The process causes cracks in petroleum-bearing rock, and sand in the fluid props the cracks open. Oil and gas flows from the fractures into the well and up to the surface.

The process uses millions of gallons of water for each horizontally drilled well, and well pads built within the last 12 years often have six wells. The water can be recovered and recycled to some extent. Eventually, though, the water must be disposed of in underground injection wells. That step permanently removes it from the water cycle.

The Muskingum Watershed Conservancy District manages ten lakes and four dry dams in southeastern Ohio for purposes of flood control, recreation and conservation. One of its biggest customers for water sales is the oil and gas industry.

“We’re not in a crisis situation by any stretch of the imagination, but this was just our balancing act to make sure we protect, as much as we can, all of our missions,” said Craig Butler, chief executive of the district. He estimated less than one inch of Atwood Lake’s decline can be attributed to oil- and gas-related withdrawals.

On August 28, the district curtailed water withdrawals by 75% from Atwood Lake. The following week, it curtailed withdrawals from the lake completely.

Lots of water

Under Ohio law, oil and gas drilling operations are generally allowed to withdraw from state waters an average of up to 2 million gallons per day in any 30-day period. Sixty million gallons would fill nearly 91 Olympic-sized swimming pools. 

While the total number of gallons sold is huge, it’s relatively small compared to the billions of gallons in the district’s lakes. Butler compared it to two or three sheets in a notebook.

“We’re really comfortable when we say it’s a negligible impact based on the size of our reservoirs,” Butler said.

Oil and gas companies pay a price for the water — around $3 per 1,000 gallons, according to Ted Auch, Midwest program director for FracTracker. He and other critics think the price should be higher.

“We charge as much as we can,” Butler answered, but if the district’s price gets too high, oil and gas companies can “stick their straw in” elsewhere, such as where a stream crosses private property. Then they may be able to suck out even more without a formal agreement with the watershed organization.

And because some of those sources flow into the district’s lakes, the effect on the district’s water resources would be largely the same, without the district getting revenue from the sales. Some of the funds from the oil and gas industry have paid for efforts to improve water quality and minimize flooding to improve the area’s resilience to climate change, Butler added.

The situation reflects a shortcoming in state law, said Melinda Zemper, a spokesperson for Save Ohio Parks.

“It is clear our state legislators ignore the depletion and contamination of our precious fresh drinking water used in the fracking process,” she said. “And there will always be another landowner who wants oil and gas revenue from leasing mineral rights or selling water flowing through his or her property.”

Operators recycle a lot of the water that’s withdrawn, and the fracking process has gotten more efficient over the years, said Mike Chadsey, a spokesperson for the Ohio Oil and Gas Association.

Getting hard data on recycling is difficult, however. FracFocus, a data clearinghouse, has some data on the composition of fracking fluids, but reporting is voluntary.

According to the Ohio Department of Natural Resources, oil and gas ranks seventh out of its eight registered water use categories. The agency’s 2022 water withdrawals map shows those other categories include public water supplies, agriculture, utilities and other classifications.

Total water withdrawals for the oil and gas industry that year were about 5.17 billion gallons, according to data provided by Karina Cheung, an ODNR spokesperson. A 2024 U.S. Geological Survey report said peak withdrawals reached approximately 5.75 billion gallons in 2017.  

Looking ahead

Questions about future water use for fracking will remain after the current drought ends — possibly soon from the remnants of Hurricane Helene. 

The Muskingum Watershed Conservancy District does a careful review of any company’s request for water withdrawals before a contract is signed, Butler said. Contracts also say water withdrawals can be curtailed if the district deems it necessary, as it did at Atwood Lake, he added.

Critics like Auch contend various data gaps should be filled to ensure more complete reporting. They also want any pre-withdrawal reviews to be more conservative and forward-looking.

Consideration of potential impacts should focus more on possible water-deficit years like this one, Auch said. Otherwise, “you are rapidly altering the savings bank of your watershed by depleting the resource that it has to carry over from year to year.”

Planning also should cover a longer time horizon, said Julie Weatherington-Rice, a hydrogeologist with Bennett and Williams Environmental Consultants in Columbus. Ohio might generally expect warmer, wetter and wilder weather as climate change continues.

Among other things, Ohio is seeing some intense storms, as well as periods of heavy rainfall. Those heavy rains might bump up the total yearly precipitation, but they don’t soak into the ground the way milder, more sustained rains do, Weatherington-Rice said. That could affect groundwater supplies for local areas, causing them to look for backup supplies, she said. And droughts can still occur, as this year shows.  

Water planning also should account for likely migration into Ohio as climate change has more severe impacts elsewhere, Auch said. “We need to start looking at water resources out 10, 15, 30 years.”

CORRECTION: An earlier version of this story misstated the amount gas companies pay for water. It is around $3 per 1,000 gallons of water, not $3 per gallon.

Ohio drought renews worries about massive use of water for fracking is an article from Energy News Network, a nonprofit news service covering the clean energy transition. If you would like to support us please make a donation.

Ohio has seen a big jump in the number of agency orders forcing property owners to allow oil and gas development on their land, whether they want it or not. 

The number of so-called “unitization” orders issued by the Ohio Department of Natural Resources has surged in recent years, peaking at 112 in 2022 and continuing at nearly 100 last year, according to data obtained from the agency by the Energy News Network. 

The practice is common, with rules varying by state. In Ohio, lawmakers began working to streamline the process for oil and gas companies in 2019, coinciding with a decline in the state’s gas production after a seven-year fracking boom.

Those changes run contrary to other efforts in Ohio to restrict energy development in the name of neighbors’ private property rights, including strict wind farm setbacks passed in 2014 and a 2021 law allowing counties to block new wind and solar projects.

Under Ohio law, companies must meet several conditions before initiating unitization, including a showing that at least 65% of property owners in a project area consent to drilling. 

Critics say the process was already tilted in the companies’ favor, and that the recent changes will make it even harder to block drilling or negotiate concessions.

“All the cards are stacked against us,” said Patrick Hunkler. In 2018, ODNR issued an unitization order for property he and his wife, Jean Backs, own in Belmont County, which is one of the state’s top-producing counties for oil and gas. The developer later canceled the project, so the order was revoked. More recently, Ascent Resources had tried to lease their land before backing out.  

The legal process known as unitization has been available to Ohio oil and gas companies since 1965 but was rarely used until about a decade ago, after advances in drilling technology made it profitable to tap into harder-to-develop pockets of petroleum.

“The unitization process exists to protect the rights of those … who want to lease their minerals for development,” said Rob Brundrett, president of the Ohio Oil and Gas Association, “so that a small minority of owners … cannot stop everyone else from realizing the full potential of their property and minerals.”

For petroleum companies, the process has also promoted efficient oil and gas extraction. Otherwise, reduced pressure from too many wells could reduce the total recovery from an area.

Companies must show they have consent from owners of 65% of the area above a common oil and gas deposit before they can seek a unitization order. Companies also must show they tried to reach an agreement with holdouts, and that drilling under those properties is necessary to substantially increase the amount of oil and gas recovered. Any added value must also exceed the related costs.

“Our experience at the unitization hearing was that oil and gas runs the show,” Backs said.

Hearings don’t consider environmental impacts or other reasons landowners might not want drilling and fracking. “It’s just not part of the evaluation,” said Heidi Robertson, a Cleveland State University law professor who has written about unitization. Rather, she said, the basic question is: “Will adding this land to the unit make it easier for the developer to more efficiently and more profitably get the oil and gas out of the ground?”

The answer is almost always yes. 

The Ohio Department of Natural Resources has denied only one unitization application since 2012, according to spokesperson Andy Chow. Meanwhile, it has approved more than 500 applications, with more than half the orders issued after 2020. The agency hired an additional employee in 2021 to deal with an increase in applications, Chow said.

Owners whose property is unitized won’t have pads or roads on their property, but they still get royalties and other payments. Ohio law requires “just and reasonable” compensation for landowners.

In most cases that compensation starts with a 12.5% royalty. Additional payments are adjusted for the developer’s expenses and other factors and the compensation is often smaller than that for voluntary participants. Orders typically have let companies recoup twice those amounts before unitized landowners can get payouts beyond royalties, said attorney Matthew Onest, whose firm has represented multiple landowners in oil and gas matters. 

In some cases, property owners must wait even longer. At a March 27 hearing, for example, drilling company EAP Ohio asked for a “500% penalty” for owners who did not agree to a lease. Anna Biblowitz, a negotiator for Encino Energy, claimed the higher penalty was justified by the developer’s risk and “as a motivator for other working interest owners to participate.” A ruling in the case is due this month.

Why are there more orders?

Some property owners, including Backs and Hunkler, worry about climate change and other environmental impacts. They said companies wouldn’t agree to requested lease terms for no flaring, methane monitoring and monitoring of the spring on their property.

“These oil and gas companies aren’t addressing the important issues of our environment,” Hunkler said.

Other landowners may hold out because they want more money, said Onest. “They kind of dig their heels in,” he said.

Industry experts said market forces could partially explain the rise in unitization cases. Property owners could hold out more often because they want higher payments like others got early on in the state’s fracking boom. Or, higher oil prices might be motivating companies to pursue projects that once seemed too complicated to be worthwhile. 

State officials have made the process easier, too. In 2019, lawmakers added language about how to calculate the 65% threshold, tucking the terms into a 2,600-page state budget law. Matt Hammond, who was then president of the Ohio Oil & Gas Association, told lawmakers the added language was meant to “clarify” the law. 

In practice, the change likely lowered a barrier for companies to use the tool, according to Clif Little, an Ohio State University Extension educator in Old Washington, Ohio. “If you’re seeing actually more [cases] for forced unitization, that would be a significant player in that,” Little said.

Another law passed in 2022 requires the Ohio Department of Natural Resources to hold hearings on unitization applications within 60 days. The agency must rule within 60 days of the hearing, and also let companies know in advance if an application is incomplete.

For industry, the primary benefit from the 2022 law change was to get certainty about timing. “This impacted how a producer was able to plan their drilling schedules,” said Mike Chadsey, director of external affairs for the Ohio Oil and Gas Association.

The Ohio Department of Natural Resources also changed its guidelines last year to standardize unitization applications. The agency’s website said the changes were “aimed at streamlining the review process” and that applications would include fewer documents.

Among other things, companies don’t need to file testimony from engineers, geologists and landmen in advance of hearings — something they had generally done in the past, said Robertson at Cleveland State. In her view, that further limits any dissenting landowners’ ability to prepare challenges to such testimony when the hearing does take place.

The Covid-19 pandemic also affected unitization hearings, which are now generally held via Zoom. “Allowing these meetings to be held via Zoom is a benefit to all parties involved,” Chadsey said, adding that it’s more convenient for landowners.

Folks in “suits and ties” had to come from out of state when ODNR held the unitization hearing for Hunkler and Backs’ property back in 2017. With a remote format, though, the hearing panel and company personnel “don’t have to look at you in person,” Hunkler said.

Oil and gas companies said they take every step to avoid forced leases, but that unitization is an important tool when that is not possible.

“When those means are exhausted, which often includes situations of poor record-keeping or the inability to locate an owner, unitization can be a tool to ensure property and mineral rights are realized by all stakeholders,” said Zack Arnold, president and CEO of Infinity Natural Resources.

Jackie Stewart, vice president of external affairs for Encino Energy, voiced a similar position. “Encino makes every attempt to lease all landowners in each unit and only utilized unitization after all leasing efforts are exhausted, so the property rights of Ohio’s landowners can be realized,” she said.

“This isn’t something any lawyer can handle. You have to be an expert in this stuff,” Robertson said. “And all the experts are on the other side, because that’s where the money is.”

Robertson is unaware of any legislation to make matters fairer for landowners who don’t want to lease their land. And gerrymandering makes it unlikely such bills will be passed anytime soon. As she sees it, the process is “stacked against the dissenting landowner.”

As Ohio clamps down on clean energy, recent changes make it easier to force landowners to allow oil and gas drilling is an article from Energy News Network, a nonprofit news service covering the clean energy transition. If you would like to support us please make a donation.

Four environmental groups filed an appeal Friday challenging an Ohio judge’s order declining to review state regulators’ decisions to allow oil and gas drilling under state park and wildlife areas.

The Notice of Appeal filed with Franklin County Court of Common Pleas takes issue with Judge Jaiza Page’s Feb. 23 order, which said the groups had no right to challenge rulings by the Ohio Oil & Gas Land Management Commission last November to allow drilling and fracking under Salt Fork State Park, Zepernick Wildlife Area and Valley Run Wildlife Area.

“Our appeal continues the fight for legal accountability and oversight of the commission’s decisions,” said Earthjustice attorney Megan Hunter, who is one of the lawyers representing groups in the appeal. Those groups include Save Ohio Parks, the Buckeye Environmental Network, Backcountry Hunters & Anglers and the Ohio Environmental Council.

The move to drill and frack under state-owned lands was jump-started last year when Gov. Mike DeWine signed HB 507 into law. The statute would have required state agencies to lease lands unless the commission adopted rules and lease terms under a 2011 law. The leasing process under that law had languished after a widespread backlash a decade ago.

Once the commission adopted the rules and lease terms last spring, HB 507 no longer imposed any mandatory duty to allow drilling on state-owned lands. Instead, Ohio law requires the commission to consider nine factors. They include environmental impacts, effects on visitors or users of state-owned lands, economic benefits, public comments, and more.

In this case, the environmental groups claimed the commission didn’t consider all nine factors before reaching its decisions. They also objected to the commission’s failure to hold a hearing and accept public testimony for the proposed parcels at each park and wildlife area. Comments on the proposals detailed worries about possible contamination from accidents, anticipated interference with people’s ability to enjoy state parks and wildlife areas, and other objections.

Judge Page’s ruling rejected the environmental groups’ argument that the commission’s rulings could be appealed under a general statutory provision for “adjudication orders.” Instead, she noted there was no specific statutory language dealing with appeals from the Ohio Oil & Gas Land Management Commission. She also found the groups did not have standing to raise their claims.

Days after Judge Page’s ruling, the commission accepted a bid from Infinity Natural Resources, based in West Virginia, to drill under Salt Fork State Park. The commission also accepted Texas-based Encino Energy’s bids to drill under Zepernick Wildlife Area and Valley Run Wildlife area. Unless blocked, drilling is likely to start this spring.

Without judicial review of the commission’s actions, it’s unclear what checks, if any, exist over the commission’s decisions on drilling beneath park and wildlife areas.

“The Commission handed over Valley Run Wildlife Area, Zepernick Wildlife Area and Ohio’s largest state park — Salt Fork State Park — to drillers without considering the environmental and geologic impacts of oil and gas development,” Hunter said. “Thousands of state residents and users of these protected public lands demand accountability for this enormous failing.”

A separate lawsuit challenging the constitutionality of HB 507 remains pending. Meanwhile, new filings this month ask the commission to allow drilling and fracking under Egypt Valley Wildlife Area and Keen Wildlife Area.

Environmental groups appeal court order on drilling under Ohio park and wildlife areas is an article from Energy News Network, a nonprofit news service covering the clean energy transition. If you would like to support us please make a donation.

An Ohio judge has dismissed environmental groups’ appeal from commission decisions to lease parts of a state park and two wildlife areas for oil and gas drilling.

Judge Jaiza Page’s Feb. 23 order effectively denies the emergency stay the environmental groups had sought to stop the Ohio Oil and Gas Land Management Commission from acting on Monday to accept bids from companies to drill and frack under Salt Fork State Park, Zepernick Wildlife Area and Valley Run Wildlife Area.

Starting in January, the Ohio Oil and Gas Land Management Commission solicited bids from companies to drill and frack under the state park and wildlife areas. The commission is expected to act on bids at its Feb. 26 meeting.

Judge Page’s eight-page decision agreed with the commission that the court lacks jurisdiction over the appeal. She also agreed with the commission’s argument that the groups have no standing to contest its rulings.

“We are disappointed with the Court’s order. We are considering next steps with our clients,” said attorney Megan Hunter of Earthjustice, which has acted as counsel for Save Ohio Parks, the Ohio Environmental Council, the Buckeye Environmental Network and Backcountry Hunters and Anglers.

Energy News Network reached out to spokespeople for the Ohio Attorney General and the Ohio Oil & Gas Land Management Commission, but they have not yet provided comments.

Judge Page’s order noted the word “shall” in one part of ORC Ch. 155, suggesting the commission has a mandatory duty to lease state park lands. Yet she did not mention at all the requirement in another part of the law that says the commission “shall” consider nine factors in deciding whether to allow drilling on state-owned lands.

A key part of the environmental groups’ challenge was that the commission failed to consider all nine factors the law required it to consider. Those include environmental impacts, effects on visitors or users of state-owned lands, public comments or objections, economic benefits and other considerations.

The commission’s proceedings also have been clouded by the submission of hundreds of allegedly falsified pro-fracking comments. The commission announced in September that it would not consider those comments. But results of an investigation by the Ohio Attorney General’s office have not yet been announced.

It’s also unclear whether the commission considered and properly weighed concerns voiced by opponents of the leasing, whose comments raised worries about possible contamination from accidents, anticipated interference with their ability to enjoy state parks and wildlife areas, and more.

A separate case challenges the constitutionality of House Bill 507, the law passed by Ohio’s General Assembly late last year to kickstart the commission’s leasing process. The law also declared that natural gas is “green energy.” That case is before Judge Kimberly Cocroft.

In the HB 507 case, the state argued the constitutional challenge case is moot because the commission’s adoption of leasing terms meant there was no longer any mandatory duty to allow drilling on state-owned lands.

It’s unclear whether appellees will appeal Judge Page’s order or if another motion for stay will be filed. It’s also unclear when Judge Cocroft will rule.

Companies submitting any winning bids accepted by the commission will need to file a permit application with the Ohio Department of Natural Resources. The agency reviews those permits fairly quickly, so drilling could start this spring.

Court dismisses appeal to block drilling and fracking under Ohio park and wildlife areas is an article from Energy News Network, a nonprofit news service covering the clean energy transition. If you would like to support us please make a donation.

An Ohio commission is arguing its decisions last fall to allow oil and gas drilling under a state park and two wildlife areas are final and cannot be appealed.

Environmental groups challenging the Ohio Oil & Gas Land Management Commission say it failed to follow state law when it approved land parcels for leasing of drilling rights at Salt Fork State Park, Zepernick Wildlife Area and Valley Run Wildlife Area. Among other things, state law says the commission must consider nine factors in reaching its decisions, including environmental impacts, consequences for visitors or users of state lands, public comments or objections, economic issues, and others.

State lawyers have filed a motion to dismiss, claiming the court can’t review the decisions because the statute doesn’t expressly provide for judicial review.

The plaintiffs seeking to overturn the decisions, though, say the commission’s actions affect their rights and amounted to licensing, which can be appealed under the Ohio Revised Code.

“Our courts play a critical role in overseeing agency decisions to make sure agencies do not abuse the discretion and power the law gives them. Our lawsuit asks that the court provide that critical oversight here,” said Megan Hunter, an attorney with Earthjustice, on behalf of the plaintiffs. Those environmental groups are Save Ohio Parks, the Ohio Environmental Council, the Buckeye Environmental Network and Backcountry Hunters and Anglers.

“Ohio statute has set up a system where an oil and gas company can hand-select those public lands it wants to lease and ask the commission for permission to move forward with the process for it to do so,” Hunter added. “The law places the commission in a gatekeeping role, making them the ones to determine whether an oil and gas company should be able to lease a particular state park or wildlife area.” 

And while a winning bidder has to apply for permits to drill, Ohioans generally have no right to appeal permitting decisions, she said. “Therefore, the appeal from the nominations is when there is an opportunity for judicial review of the decision to drill under these state lands.”

Commission chair Ryan Richardson admitted that the commission would need to consider the nine statutory criteria in a Nov. 2 affidavit filed in a related case. Yet the commissioners did not discuss all nine factors at the public meeting where they voted to grant the proposals. Nor did they provide any written opinion explaining how they weighed the nine criteria.

“This is not the way justice is supposed to happen in Ohio or anywhere else in a democracy,” said Melinda Zemper, a member of Save Ohio Parks.

A troubled record

The case is further complicated by the commission’s insistence on moving ahead before the Ohio Attorney General’s office resolves an investigation into claims about allegedly falsified comments that favored fracking under state parks and wildlife areas.

“The [commission’s] decision to approve fracking in Ohio parks undermines core principles of good governance, for it occurred despite an ongoing investigation and enormous public pushback,” said Chris Tavenor, associate general counsel and managing director of democracy policy for the Ohio Environmental Council. The decisions also mean Ohio will be a less healthy place to live and have more greenhouse gas emissions, he said. As of 2021, the Energy Information Administration ranked Ohio fifth among states for total carbon dioxide emissions, he noted.

The commission’s failure to let citizens testify at its meetings also undermined the trust of Ohio citizens and denied them their rights to participate in the process, said Loraine McCosker, a co-founder and member of Save Ohio Parks. A separate lawsuit challenges the constitutionality of House Bill 507, which jump-started the challenged decisions, but where citizen groups had no chance to testify against its natural gas provisions after they were added through last-minute amendments in late 2022.

The appeal doesn’t automatically stay the public bidding period for the drilling rights, which began Jan. 3 and runs through Feb. 4. Spokesperson Andy Chow said the commission does not comment on pending litigation. However, he noted, the commission is currently working to schedule its next meeting to decide on the winning bids.

Once companies have secured drilling rights, they would be free to apply for permits to drill wells. Ohio law generally provides up to 21 days for review of those applications, except for urban areas, where a 30-day review period applies. The average review time generally has been running 15 to 18 days, Chow said. So, barring any stay from a court, well construction could start as early as this spring.

Briefing on the question wrapped up last week in the Franklin County Court of Common Pleas, and the state’s motion to dismiss is now ready for review by Judge Jaiza Page.

Commission claims court can’t review decisions on drilling under Ohio park and wildlife areas is an article from Energy News Network, a nonprofit news service covering the clean energy transition. If you would like to support us please make a donation.