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Missouri River & Ogallala Aquifer Indian Water Rights Conference 2014

Posted on: July 11th, 2014
by David Ganje

Missouri River & Ogallala Aquifer Indian Water Rights Conference 2014

Hosted by:          Great Plains Tribal Water Alliance

Event Sponsors:         Standing Rock Sioux Tribe..Ogala Sioux Tribe..Rosebud Sioux Tribe

 

 

Presentation:          Tribal Water Codes – Their Administration and Enforcement

Part 1

Historical And Legal Context As Well As Some Relevant Case Law Affecting Tribal Water Codes

Part 2

Issues, Strategy And Recommendations For Writing And Maintaining Successful Tribal Water Codes

 

Presentation by:

David L Ganje

Ganje Law Offices                                                                              Web: lexenergy.net

Water Systems: A Twofold Look into Physical Security & Cyber Security

Posted on: July 6th, 2014
by David Ganje

Water Systems: A Twofold Look into Physical Security & Cyber Security WEBINAR IEPA# 0000—Illinois Section, American Water Works Association

12/12/14 Water Systems: A Twofold Look into Physical Security & Cyber Security WEBINAR IEPA# 0000

When: Thursday September 4th, 2014

From 12:00 -1:00 PM CDT

Where: Your home or office computer

Presenter: David Ganje

Contact: Marianne Perino

mperino@isawwa.org

Phone: 866-521-3595

 

Registration Information: Online registration is available until: 12/12/2014

 

Details

 

Water Systems: A Twofold Look into Physical Security & Cyber Security

CEU TYPE: Technical

WEBINAR TYPE: Technical

IEPA#: 0000

Summary: A security threat to a water system may include the deliberate elimination/destruction of the safe water supply or the disruption of the delivery of the safe water supply for residential, commercial, industrial and agricultural purposes. System threats can come from within a water systems organization or from the outside. External threats include terrorist activities and civil disobedience. Threats may range from trespassing, tampering and vandalism to sabotage, theft and terrorism; these threats may be of a physical nature or they could be non-physical such as a cyber attack. Terrorist threats have been made against water systems. In most instances, the specifics of such attacks are unknown to most systems operators. Hazards from these threats include loss of power and communications, SCADA (supervisory control and data) cyber attack, explosions, intentional fires, chlorine release, broken water mains, chemical or biological contamination, pump failure, dam failure or storage tower failure. The focus of this presentation will address: conducting an on-site security audit using recommended national systems as well as local public and private resources.

http://www.isawwa.org/resource/resmgr/headshots-people/ganje.jpgPresenter: David Ganje, Ganje Law Offices

REGISTRATION & HOURS: This webinar will begin at 12:00pm and conclude by 1:00pm CST. Earn up to 1 PDH or RTC hour. After registering with Illinois Section AWWA, attendees will be furnished via email with all materials and links needed to participate in the webinar. Questions? Call 866-521-3595 Ext. 3

Midwest Water Technology Conference

Posted on: May 29th, 2014
by David Ganje

 Midwest Water & Wastewater Technology Conference

 

                       

 

6/5/2014

When: Thursday,   June 5, 2014
Visit Exhibitors from 7:30 to 8:30 AM
Where: Map this event »
College of Lake County, C-Building
19351 West Washington Street
Grayslake, Illinois  60030
United States
Contact: Lisa   Hoffhines
lisa@isawwa.org
Phone:      866-521-3595 ext. 2

 

 

 

Details

 

T-CON:   Midwest Water & Wastewater Technology ConferenceABOUT   THE CONFERENCE:The   Midwest Water & Wastewater Technology Conference is the new and improved   technology conference for industry professionals sponsored by the Illinois   Section AWWA, Central States Water Environment Association, Illinois Water   Environment Association and the College of Lake County. The Technology   Conference incorporates multiple learning tracks related to the planning,   design, implementation, and operation of water and wastewater-based   technologies. The multi-track approach makes the conference ideal for utility   managers, IT professionals, as well as operations and field staff. If you can   only attend one technology conference this year, this is the one to attend!

T-CON   GENERAL SCHEDULE

TIME ROOM AGENDA    
7:00-7:30am C006 Exhibitor     Set-up
7:30-8:15am C006 Breakfast     | Registration | Visit Exhibit Booths
8:15-8:30am C005 T-CON     Welcome and Opening Remarks
8:30-9:30am C002,     C003, C005 Technical     Sessions
9:30-10:00am C006 Morning     Break | Visit Exhibit Booths
10:00-12:00pm C002,     C003, C005 Technical     Sessions
12:00-1:00pm C002,     C003, C006 Lunch     | Visit Exhibit Booths
1:00-2:00pm C002,     C003, C005 Technical     Sessions
2:00-2:30pm C006 Afternoon     Break | Visit Exhibit Booths
2:30-3:15pm C005 Keynote     Speaker
3:15-3:30pm C005 Raffle     for iPad Air and MORE! | Closing Remarks

 

Presentation Title
Can You Recover After A Disaster With     Your Control System?
Comparison of Ammonia And DO Aeration     Control Strategies To Optimize Energy And Process At Low Capital Cost: A     Case Study
Drawing The Curtains On Windows XP –     What Does The End Of Win XP Mean For SCADA Systems?
Geocentric Web Mapping Solutions In     GIS
Going Beyond The Meter: Expanding     Traditional Data Collection Methodology To Increase Revenues
How GIS Has Helped The City Of     Chicago And The Department Of Water Management (DWM) Embark On A Very     Aggressive Plan To Replace 880 Mile Of Water Main In 10 Years!
How To Select An Economical And     Secure Remote Terminal Unit (RTU) Delivery System For WWTPs And Pump     Stations
Identifying And Locating Existing     Backflow Prevention Devices Inside A Building Using Bluetooth Smart     Technology
Increasing The Resiliency: Standby     Power Generation
Integrating SCADA with Other Plant     Systems
Internet of Things – Enabling A New     Level Of Control, Reporting And Efficiency
Making Your Water Department     Paperless With Laserfiche ECM
Master Metering Using A SCADA System
Mobile Data Collection, Visualization     And Execution
Mobile Interfacing Within     Water/Wastewater
Quick Tour Of ArcGIS Online And     Practical Uses For Water / Wastewater
SharePoint 2013 – Technical Overview
Speaking Their Language: Public     Engagement Through Social Media For Public Works
Understanding Pressure, Temperature,     And Flow Instrumentation
Using SCADA To Reduce Energy     Consumption And Operate More Efficiently
Water Systems: A Twofold Look Into     Physical Security And Cyber Security
Water/Wastewater Tablet Success For     Less Than $1000

 

 

 

Water Systems Security

by David Ganje

WATER SYSTEMS SECURITY

INTRODUCTION……………………………………………………………………………………………………….. 1

BRIEF HISTORICAL OVERVIEW……………………………………………………………………………… 1

WATER SECURITY……………………………………………………………………………………………………. 2

  1. Physical Security …………………………………………………………………………………………..      3
    1. i.              Milwaukee & Cryptosporidium…………………………………………………………….. 4
    2. ii.            WaterWorks: Physcial Security…………………………………………………………….. 6
  2. Cyber-Security……………………………………………………………………………………………….      9
    1. i.              WaterWorks: Cyber-Security………………………………………………………………… 11

RECOMMENDATIONS FOR ENHANCED SECURITY………………………………………………. 12

VIRTUAL ATTACHMENT:

Ass’n of State Water Admins., Security Vulnerability Self-Assessment Guide for Small Drinking Water Systems, Nat’l Rural Water Ass’n (May 30, 2002), available at http://www.epa.gov/ogwdw/dwa/pdfs/vulnerability.pdf.

 

 

Presentation to the Illinois Chapter of the American Water Works Association.

 

© 2014. All Rights Reserved. David L. Ganje.

 

I. Introduction

This article discusses current security issues surrounding water treatment and waste facilities. The sources of attack are myriad, but manifest via physical attacks and cyber-attacks. A physical attack on a water treatment and waste facility occurs when an individual or group causes physical damage to the facilities, structures infrastructure, systems, or the water itself on site. A cyber-attack occurs remotely and disrupts the computer systems that control the treatment and waste facility. Whether the attack be physical, cyber, or some combination, the goal is the same: to harm, even kill, the local population and cause panic. This article will give a brief historical overview of American water systems, discuss the current water security concerns of both physical and cyber-security, and make some practical recommendations for enhanced security.

 

Water Systems Security

Posted on: April 28th, 2014
by David Ganje

WATER SYSTEMS SECURITY

INTRODUCTION……………………………………………………………………………………………………….. 1

BRIEF HISTORICAL OVERVIEW……………………………………………………………………………… 1

WATER SECURITY……………………………………………………………………………………………………. 2

  1. Physical Security ………………………………………………………………………………………….. 3
    1. i.        Milwaukee & Cryptosporidium…………………………………………………………….. 4
    2. ii.      WaterWorks: Physcial Security…………………………………………………………….. 6
  2. Cyber-Security………………………………………………………………………………………………. 9
    1. i.        WaterWorks: Cyber-Security………………………………………………………………… 11

RECOMMENDATIONS FOR ENHANCED SECURITY………………………………………………. 12

VIRTUAL ATTACHMENT:

Ass’n of State Water Admins., Security Vulnerability Self-Assessment Guide for Small Drinking Water Systems, Nat’l Rural Water Ass’n (May 30, 2002), available at http://www.epa.gov/ogwdw/dwa/pdfs/vulnerability.pdf.

 

 

Presentation to the Illinois Chapter of the American Water Works Association.

 

 

© 2014. All Rights Reserved. David L. Ganje.

 

I. Introduction

This article discusses current security issues surrounding water treatment and waste facilities. The sources of attack are myriad, but manifest via physical attacks and cyber-attacks. A physical attack on a water treatment and waste facility occurs when an individual or group causes physical damage to the facilities, structures infrastructure, systems, or the water itself on site. A cyber-attack occurs remotely and disrupts the computer systems that control the treatment and waste facility. Whether the attack be physical, cyber, or some combination, the goal is the same: to harm, even kill, the local population and cause panic. This article will give a brief historical overview of American water systems, discuss the current water security concerns of both physical and cyber-security, and make some practical recommendations for enhanced security.

 

The Utility and Controversy of Disposal Wells

Posted on: March 24th, 2014
by David Ganje

                        The Utility and Controversy of Disposal Wells

Greater attention, rightfully, is now paid in the oil patch to our first natural resource: water. From all fronts affected, parties are more aware of the proper stewardship of water.  This stewardship does not come without controversy. That famous Geo-hydro geologist Mark Twain was correct:  Whiskey is for drinking, water is for fighting. The North Dakota State Water Commission projects the amount of water needed for developing a Bakken Formation well for natural gas production at approximately three acre feet. The required water must come from a freshwater source. With the oil patch growth through 2019, Bakken wells could require as much as 51,000 acre feet (a.f.) of water. The general uses of water in the oil patch include well drilling and completion, well production, the so called use of maintenance water which requires fresh water sources, and after-production. I will focus this article on the management and disposal of used water in the ‘after production phase’ which water is often referred to as produced water or saltwater. The other important aspects of water uses, as well as tribal regulations and water law, will be left for another discussion.

During hydraulic fracturing – commonly known as fracking – water mixed with industrial chemicals and proppants (a mix of sand or ceramic particles) are forced into the well system to release oil and gas. The waste water from the process is the so called produced water or salt water. Produced water is the largest volume by-product from an oil and gas well.  Along with the chemicals used during the drilling produced water is highly saline, usually 10 times that of ocean water. Its improper use or disposal would damage soil productivity or pollute near-surface water aquifers used for irrigation and drinking water. North Dakota statutes specifically prohibit this remaining produced water from polluting any freshwater supply in the state. Disposal wells are the most common final method for removal of unusable produced water or saltwater.  North Dakota currently has 470 active saltwater disposal wells.  The well process involves injecting the produced saltwater and associated wastes into naturally occurring subsurface formations called confining geologic zones.  As technology advances the industry has other non-well options for produced water management. Such technology includes obtaining fracking water from saline groundwater sources, or from municipal waste water. A fresh water source such as an aquifer must be allowed to replenish itself (recharge), so the careful stewardship and use of water in the oil patch continually relevant. Let us look at the current practice of disposal well procedures and issues.

Upon returning to the surface there are two common methods of handling produced water:

  1. Re-injection into the oil-producing formation for enhancing oil and gas production
  2. Injection into an underground formation that naturally contains saltine water. This second method is also known as Salt Water Disposal (SWD) which are also called disposal wells.

SWD is considered the most economic final disposal method. The U.S. Environmental Protection Agency classify these wells as class II wells used to inject fluids associated with oil and natural gas production operations.

Under the guidelines of the Underground Injection Control Program established by the federal Drinking Water Safe Act, North Dakota has imposed regulations:

(a)              for pits and ponds containing saltwater liquids and brines produced by the hydraulic fracturing operations

(b)              Governing the process of underground injection wells.  A technical permit application is required for these SWD wells.

A disposal well must go through an application and approval process.  This is also called the siting of a well.  The information the state studies from an application is comprehensive and involves detailed geologic data.  A disposal well must also complete a mechanical integrity test before it becomes properly permitted and can operate. Information and data which must be submitted, and reviewed, before the state would approve an SWD well permit application include:

  1. Geologic name of lowest known fresh water zone
  2. A plat depicting the area and detailed description of the location, well name, and operator of all wells in the area of review. The area wide plat must include: nearby injection wells, producing wells, plugged wells, abandoned wells, drilling wells, dry holes, and water wells. The plat must also show seismic faults, if known or suspected
  3. Testing and recording the original bottom-hole injection of the well
  4. A description of the proposed injection program
  5. A quantitative analysis from the two nearest fresh water wells
  6. A written notice to all landowners within the area of review who must be notified of the proposed injection well.
  7. This notice informs the landowners that comments or objections may be submitted
  8. Schematic drawings of the well bore and surface facility construction.

The controversy surrounding salt water disposal wells concern spills, potential leaks and earthquakes. Spills occur. These events are saltwater surface spills not related to the disposal well or to the well integrity of a properly permitted well. Spills happen because of human error and bad equipment.   As with all Bakken oil and gas production procedures, it can be said: most in the industry do it right, but some just do it.  Saltwater spills occur on the surface, and are often a mechanical malfunction or error in human judgment. The risk of a spill from a saltwater disposal well is not from a properly permitted well itself.  When a spill occurs it is usually during the act of storing or delivering wastewater to the disposal well. Consider for example that there are 470 active operating disposal wells in North Dakota, but more than 2100 saltwater pipelines, and it is easier to understand that the ‘getting to the well’ is where problems arise. New rules have recently been promulgated by the Industrial Commission for ‘underground gathering pipelines’.  These regulations will address the construction and deconstruction [shutdown] of saltwater service pipelines.

Do disposal wells contaminate water wells and aquifers? The question is more properly stated:  Do disposal wells fail or leak? Thousands of disposal wells have been permitted in the U.S.  In 2012 a company called Halek Operating ND LLC was fined civilly and charged criminally by the Industrial Commission for illegal action and operating a disposal well after having been ordered to shut-in the well. In that case, among other things, the administrative law judge also found that the company had operated the disposal well without first completing a mechanical integrity test on the well. The state found no damage to aquifers from the illegal activity.  I know of no failures or leaks from properly permitted disposal wells located in North Dakota and South Dakota in my lifetime. And information from both states’ regulatory agencies report that such events have not occurred.

Do disposal wells cause earthquakes? Thousands of disposal wells have been permitted in the U.S. The state of Arkansas is in a region of the continent that has recognized natural earthquake activity. Because the Arkansas Oil and Gas Commission thought that disposal wells may have been causing or aggravating earthquakes in the state it ordered a study. After the study was completed in 2011 the state regulatory authority established a moratorium on new and on operating disposal wells in an area that resulted in the closure of 4 of the state’s 700 disposal wells. Natural earthquakes are more likely to occur of course in earthquake-prone geology. A region prone to natural earthquakes is more likely to be the place where a quake caused or affected by a disposal well might occur. The Bakken and Williston basin are not known as  geologically earthquake-prone areas of the continent, and the state permitting process does not authorize active disposal wells near a fault line. I know of no earthquakes caused by properly permitted disposal wells in North Dakota and South Dakota in my lifetime. And information from both states’ regulatory agencies report that such events have not occurred.

 

David Ganje of Ganje Law Offices practices natural resources, environmental and commercial law.     The website:  lexenergy.net           The contents of this article are intended for general information purposes only and are not intended as legal advice.