Gumm Wins Another Battle in Fight to Protect Arbuckle-Simpson Aquifer

February 22nd, 2010

OKLAHOMA CITY – The Senate Energy and Environment Committee has given unanimous approval to a proposal by Sen. Jay Paul Gumm that would strengthen existing legal protection for the Arbuckle-Simpson Aquifer.

Gumm’s proposal, now a part of Senate Bill 1689, would again place the responsibility for regulating water in an open pit mine in the aquifer basin with the Oklahoma Water Resources Board (OWRB) rather than the Department of Mines.

“The Arbuckle-Simpson Aquifer is nothing less than the spring of life for many communities in my district,” said Gumm, a Democrat from Durant. “The protection and preservation of this natural resource is not only an economic issue for us – it’s literally the difference between a brighter future and watching opportunity dry up like a lifeless desert.”

The lawmaker has been fighting to protect the Arbuckle-Simpson Aquifer since his first session in the Oklahoma Senate. In 2003, Gumm and Rep. Paul Roan successfully passed Senate Bill 288 which included a moratorium on large-scale transfers of water from the aquifer until an in-depth study could be completed.

Results of that multi-million dollar study were released last summer. It showed the aquifer could not have supported the large-scale transfers of water that SB 288 prevented. 

The latest threat to the aquifer began three years ago when mining interests attempted to pass a law moving regulation of pit water from the OWRB to the Mining Commission. Despite the legislation being sponsored by both the Republican and Democratic leaders of the Senate, Gumm – in his capacity as co-chair of the Energy Committee – killed the bill.

After it was unable to achieve the regulatory change they sought in the Legislature, a company that owns one of the open pit mines in Johnston County tried another tactic. It filed a lawsuit against the state, arguing the water from the pit should be regulated by the Department of Mines.

While the court’s ruling moved regulation of so-called “pit water” to the Department of Mines, the court said the Legislature could revisit the statute. Gumm’s proposal would do just that.

“This simply restores regulatory authority to the appropriate entity, the OWRB,” Gumm said. “This is an issue of simple fairness. Every other entity that takes water from the aquifer is subject to OWRB regulations. No industry or entity should be able to evade regulation of a resource on which we all depend just because they can afford high-dollar, out-of-state lawyers.

“The OWRB is the right agency to regulate this water.”

Chickasaw Nation Governor Bill Anoatubby also emphasized the importance of strengthening statutes aimed at protecting the aquifer.

“It is difficult to overstate the importance of protecting the Arbuckle-Simpson Aquifer and all water resources in Oklahoma,” Anoatubby said. “Preservation of fresh water is essential to support continued economic growth in the state and ensure the well being of future generations.”

Gumm expressed gratitude to the Citizens for the Protection of the Arbuckle-Simpson Aquifer (CPASA) and the Chickasaw Nation, both of which have been passionate advocates to protect the aquifer.

“Rarely in Oklahoma’s history has there been a more effective grass-roots lobbying group than CPASA. We are fortunate these caring individuals invest their time, energy and money on our behalf,” he said. “The Chickasaw Nation and Governor Anoatubby are always working to improve the quality of life. I am deeply grateful for their support on this critical issue.”

The amended legislation will next be considered by the full Senate sometime in the next three weeks.

“I want to stress that none of us is seeking to prevent the gravel industry from doing business—and this is certainly not an arbitrary action nor undertaken lightly,” Gumm said.  “This is part of a bigger picture; protecting the Arbuckle-Simpson Aquifer for generations to come and preventing unintended consequences that could drastically alter the quality of this irreplaceable natural resource.”

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