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2006 Wyoming Attorney General Reports and Opinions 1 (2006)

handle is hein.sag/sagwy0003 and id is 1 raw text is: Office of the Attorney General
Governor                             Admiistration           Chief Deputy Attorney General
Dave Freudenthal                     123 State Capitol                 Elizabeth C. Gagen
Cheyenne, Wyoming 82002
Attorney General                  307-777-7841 Telephone
Patrick J. Crank                    307-777-6869 Fax
FORMAL OPINION NO. 2006-001
April 12, 2006
Honorable Dave Freudenthal
Governor
State Capitol
Cheyenne, Wyoming 82002
Dear Governor Freudenthal:
Question:
Does the Wyoming Environmental Quality Act (EQA) grant authority to
regulate water quantity to ensure that all produced water from coalbed natural
gas (CBNG) production is at all times actually used for wildlife or livestock
watering or other agricultural uses.
Brief Answer:
No. The EQA allows regulation of the quantity of water if the quantity has an
unacceptable effect on the quality of the water.
DISCUSSION
A petition for rulemaking was filed on December 7, 2005, and a subsequent request
by letter for revision was filed on March 3, 2006, with the Wyoming Environmental Quality