Christa Hecht, President of the German Alliance of Public Water Management (AöW), Germany

September 2013

The German Alliance of Public Water Management (AöW) is concerned about groundwater protection. This is due to the fact that there are currently no known measures for reliable protection of groundwater from the chemicals and formation waters* that occur during hydraulic fracturing. What is meant here, are the high safety standards that are generally required in Germany for the most important resource humanity needs to survive - water.

Water is the basis of life

Germany and Europe have established a complex system for the careful and sustainable use of water that covers ecological, economical and social aspects of the water cycle and is legally based on the European Water Framework Directive (2000/60/EC) and the German Federal Water Act.

Hydraulic fracturing involves high pressure. Even previously very dense rock layers below the groundwater reservoir may exhibit cracks after hydraulic fracturing through which the problematic substances could rise all the way up to the groundwater (Myers, 2012; Davies et al 2012). The underground is not a rigid construct the structure of which is known. It is constantly moving and aquifers form large-scale underground storage facilities that cannot be sealed reliably.

In a survey published by the German Federal Environmental Agency (UBA, Umweltbundesamt) in August 2012 regarding the environmental effects of hydraulic fracturing it became clear that an uncontrolled rise through the drill pipes during the gas extraction phase cannot be excluded. The post-operational phase was also regarded as important because some of the fracking fluids remain in the ground and cannot be retrieved. This is a permanent risk that can cause harmful substances to enter the groundwater and surface waters. It would pose a long-term risk to the drinking water supplies of large parts of the population in Germany.

A recently published US American study by Jacksen et al 2013 reports on the results of the analysis of 141 water wells in the area of Pennsylvania. In samples taken from a radius of one kilometer from hydraulic fracturing facilities methane concentrations were 6 times higher than average; ethane concentrations were 23 times higher and even propane was detected in 10 wells. Possible causes for the contamination could be the proximity to hydraulic fracturing facilities, valley bottoms and the structure of the region.

Precautionary principles must be observed

Hydraulic fracturing requires considerably more drilling than conventional gas extraction. Fracking fluids with toxic substances and substances that are hazardous to environment and health, irritants, corrosive substances, substances that are hazardous to water and substances that are severely hazardous to water are pressed through these drill pipes. If these substances leak into the groundwater, contamination results. This is a risk, which is contrary to the precautionary principle. According to this principle, risks to human health have to be averted even before they become clearly visible - in particular if these risks would cause long-term, severe or irreversible damage. This is the background for the duty of care principle of § 48 of the Water Resources Act. According to this article, use of groundwater may only be permitted if there is no reason to believe that there will be a detrimental change in the quality of the water.

Furthermore, there are considerable deficits in the determination of the additives used, the composition and the concentration of the fracking fluids. The only information so far that was also available to the scientists who carried out the risk survey for the Federal Environmental Agency, was the data and the safety data sheets published by the companies. Chemicals that are only slightly or not at all hazardous to water are also used; however, this does not mean that the risk of the other chemicals is less worrisome. In addition, to date there was simply not enough information to examine the interaction of different substances in the "fracking cocktail".

Formation water contains heavy metals

Even hydraulic fracturing with non-hazardous additives does not solve the problem that the formation waters with the heavy metals contained therein could rise and contaminate the groundwater.

Together with the extracted gas, what is commonly referred to as flowback (part of the compressed water, sand, fracking fluid and formation water) reaches the surface. Part of this flowback is compressed again. The rest must be disposed of. These are very large amounts. In the United States they are often stored in open basins, which can overflow if it rains. If similar plans exist for Germany, this would result in hundreds of dangerous flowback “lakes” in the drilling areas.

Even storage in closed containers is a problem where chemicals and heavy metals are concerned. Considering the large quantities that must be deposited of with tank trucks, accidents are inevitable. Another difficult question is where to deposit them to. The highly contaminated flowback water cannot simply be injected back into the ground somewhere else, discharged into other bodies of water or disposed of via sewage treatment plants. The sewage plants are not even equipped for this purpose. The question of disposal remains entirely unclear. This is a problem that is still being underestimated.

Basic conditions and required action

The German Alliance of Public Water Management ("Allianz der öffentlichen Wasserwirtschaft e.V.") demands that the protection of groundwater and groundwater supplies for future generations must be given priority over other interests.

Involvement of local authorities, water suppliers and the public

It must be obligatory for the affected municipalities and the corresponding water suppliers that operate near areas of hydraulic fracturing to be included in the approval procedures as early as possible. This should already take place when the question whether there is a permission requirement arises.

Even prior to approval of an exploration permit in accordance with § 11 No. 10 of the Federal Mining Act it should be checked whether there are overriding public interests that prevent exploration. An early involvement of the local authorities and water suppliers can help recognize and consider such interest. In addition to that, we demand a mandatory environmental impact assessment and a modification of the Mining Act to provide for this.

In water protection areas deep drilling for finding or extracting natural gas, oil or geothermal energy, during which rocks are fractured under hydraulic pressure, must be excluded. We furthermore demand a ban for protected areas that are not designated as such that are catchment areas for drinking water production and in priority areas for drinking water production. This is necessary because there are also risks for surface waters from which drinking water is obtained. Hydraulic fracturing should therefore also be prohibited in catchments areas of rivers and lakes that are sources of drinking water. The ban should also include a safety distance from the sensitive areas mentioned here, including the soil "under" these areas to exclude in particular water pollution caused by horizontal drilling and geological fault.

The modification drafts presented by the Federal Environment Ministry regarding changes for the Water Resources Act and the environmental impact assessment for mining projects were not accepted for debate by the German Parliament. Neither were the propositions of the individual federal states in the Federal Council, unfortunately. The current situation is therefore legally unsatisfactory and the existing laws are, in our opinion, not sufficient. While the legal modifications discussed so far may protect drinking water supplies in water protection areas for now and allow the public to participate in environmental protection issues thanks to environmental impact assessments in the context of regulated procedures, there are still unsolved research issues as the risk study has shown.

Preserving water resources for generations

Germany is a densely populated area. We possess large quantities of water resources, most of which have a good quality, and we cannot endanger these based on a short-term natural gas boom. We need clean water to survive - for personal hygiene, for farming, etc. The gas will be used up quickly, but groundwater contaminated with pollutants will take generations to regenerate and the consequences of a groundwater remediation, that may become necessary, will be paid for by the general public, whereas profits made from gas extraction will go to private investors.

*Formation water is water within a rock unit regardless of the origin of the fluid. These waters may be of meteoritic origin, i.e. surface water which infiltrated into the soil (e.g. rain, sea water) or which was trapped in the pores of a rock during its formation. Formation waters from deep underground often have a high salinity (so-called brines with >100 g/L total dissolved solids) and may contain large amounts of heavy metals.

Alliance of Public Water Management e.V. (AöW)
The AöW is the representation of interests of public water management in Germany. The purpose of the organization is the promotion of public water management by bundling interests and competences of municipal and organized water management.

AöW members are water supply and waste water disposal facilities and companies that provide services themselves or by means of autonomous facilities and are fully publicly owned. In the same way, water and soil organizations and water management associations are organized in the AöW. Members are also persons who support the purpose and goal of the AöW.