March 20, 2013 Earthworks comments in support of HB 448 Dear Energy Resources Committee On behalf of Earthworks hundreds of members

here in Texas, I would like to make the following comments in support of HB 448. I am a landowner and mineral owner who lived surrounded by shale extraction for sixteen years. When the first rig went up very near my property, immediately lost approximately $80,000 in value. Despite the fact that I receive a check each month, Im still in the hole. I documented what I witnessed and spent several years voluntarily helping people who were experiencing similar impacts. In May 2011, I went to work for Earthworks. When Tim and Christine Ruggiero learned that drilling was imminent several hundred feet from their water well on their Wise County property, they called me and I advised them to immediately get a baseline water test. On September 24, 2009, they received the results that their water was clean and safe. Hydraulic fracturing began on the Ruggiero property on November 30, 2009. A post fracking water sample was taken in March 2010, and on March 26, they were notified that their water was contaminated with very high levels of MTBE. MTBE is an additive in diesel fuel. A Congressional investigation found that between 2005 and 2009, 32 million gallons of diesel was used in hydraulic fracturing fluids in 19 states. Half of that--16 million gallons--was used in Texas. The Ruggieros sued the operator. There was a settlement and the family moved. The settlement came with a non-disclosure agreement. Had they not shared the testing results with me early on, they would be sealed with all other documents involving the case. They spent about $15,000 for environmental testing on their property and found extensive contamination. Their property was devalued seventy-five percent.

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When landowners have proof of contamination, they sue, there is a settlement and a nondisclosure agreement. Those records including all test results are sealed away in secrecy forever. This pattern allows industry to continue to say they have been fracking for decades and there has never, ever been one case of documented water contamination. Its ironic to call the Ruggieros lucky but they are luckier than most. I receive calls each week from Texans who still dont know anything much about fracking and didnt learn that it would happen near them or what to do about it until it was too late to get baseline testing. Landowners need prior notice by mail when fracking will take place near them and they need to know what chemicals will be used. Without prior notice, landowners cannot conduct baseline testing of their water or air. Without baseline testing, there is no way landowners can prove the contamination was not pre-existing. The notice should be sent by mail. People are busy. They dont read the paper; many rural and older people dont have Internet access. People take vacations, they get sick, they dont find out until it is too late. An improved version of this bill would require drillers to fund baseline testing as well as provide prior notice to landowners. After all, if there has never been one documented case of water contamination from hydraulic fracturing, then industry has nothing to fear and can only gain from baseline testing. Baseline testing is essential in part because in Texas and across the country, landowners cannot rely on state oil and gas regulators to protect them. As we revealed last year in our investigation of Texass own enforcement data, inspections decreased even as enforcement staff increased. And even when violations are found, the penalties are so inconsequential that they dont deter future violations by the violating operator. (See http:// enforcementtx.earthworksaction.org) Citizens are largely on their own when it comes to grappling with the oil and gas industry. The least the state of Texas can do is provide fair warning that theyre coming. Thank you for the opportunity to comment. Sincerely,

Sharon Wilson Earthworks

1612 K ST. N.W. / SUITE 808 / WASHINGTON, DC 20006 / P 202 887 1872 F 202 887 1875 / WWW.EARTHWORKSACTION.ORG