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DAVID PORTER, CHAIRMAN

CHRISTI CRADDlCK, COMMISSIONER


RYAN SITTON, COMMISSIONER

KIMBERLY CORLEY
EXECUTIVE DIRECTOR

(512)463-7068

RAILROAD COMMISSION OF TEXAS


EXECUTIVE OFFICE
March 24, 2016
Colonel Calvin C. Hudson II
U.S. Army Corps of Engineers
Fort Worth District
819 Taylor Street
Fort Worth, Texas 76021
Re:

SENT VIA EMAIL AND USPS MAIL

Recent Expansion of the Exclusion Zone for Drilling of Oil and Gas Wells and
Limitation on Injection Wells
Joe Pool Dam, Grand Prairie, Texas

Dear Colonel Hudson:


We have seen the news release dated March 15, 2016 issued by the U.S. Army Corps of Engineers,
Fort Worth District (USACE) pertaining to the Joe Pool Dam, Grand Prairie, Texas. The covering
memorandum states " ... USACE has adopted a 4,OOO-foot exclusion zone at the Joe Pool Dam
within which no drilling will be allowed, regardless of depth. Additionally, in order to protect the
project from induced seismicity, USACE will work to limit injection wells within five miles of the Joe
Pool project."
As you know, the Railroad Commission of Texas has the statutory authority to regulate the oil and
gas industry in the state, including administration and enforcement of the regulations for drilling,
hydraulic fracturing, extraction and injection. In discharging its responsibilities, the Railroad
Commission's highest priority is protection of public safety and our natural resources.
We understand that USACE has jurisdiction over dam safety for dams constructed and/or operated
and maintained by USACE. However, it appears that this action was taken by USACE without
consultation with the Railroad Commission or other appropriate State agencies, and without a
formal rulemaking process. We would like to understand how USACE made these decisions and
how it intends to implement its actions.
In particular, we would like clarification on the following matters:

What form of public notice and an opportunity for comment was provided regarding the proposed
expansion of the exclusion zone and the limitation on injection wells prior to adoption?

1701 NORTH CONGRESS AVENUE


POST OFFICE BOX 12967
AUSTIN, TEXAS 78711-2967
PHONE: 512/463-7865 FAX: 512/463-7000
TOO 800/73 5-2989 OR TOY 51 2/463-7284 AN EQUAL OPPORTUNITY EMPLOYER HTTP://WWW.RRC.STATE.TX.US

. March 24, 2016


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Was information considered by USACE regarding the economic impacts of this action, including the
impact upon mineral interests within the expanded area of prohibited drilling?

What factors were considered in adopting exclusion zones and injection well limitations that are
more stringent than those recommended by the authors of the Report of Engineering Services for
Dam Safety Implications of Drilling, Hydrofracturing, Injection and Extraction, Joe Pool Dam, Grand
Prairie, Texas (Contract No. W91237-1O-D-006, February 2015)?

Who conducted the peer review that is referenced in the USACE report and what peer review
protocols were used?

How does USACE plan to implement the new exclusion zones and over what timeframe?

What is the impact upon wells currently situated within the expanded zone, and what are your
plans for working with State regulators and oil and gas operators concerning the siting and
operation of existing and future wells in the vicinity of Joe Pool Dam?
We will reach out to you to schedule a time when we can discuss these matters.

Executive Director
Railroad Commission of Texas

cc (via email):
Sen. John Cornyn
Sen. Ted Cruz
Rep. Eddie Johnson, 30th Congressional District
Rep. Joe Barton, 6th Congressional District
Office of the Governor Greg Abbott
Sen. Brian Birdwell
Sen. Royce West
Sen. Konni Burton
Rep. Yvonne Davis
Rep. Chris Turner
Rep. John Wray
Rep. Bill Zedler
Rep. Helen Giddings

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