An outfitter who drank contaminated water from a faucet in his cabin north of Parachute more than two years ago has filed suit against two oil and gas companies for allegedly poisoning springs on his property.
Ned Prather and other family members with an interest in his property filed suit in Garfield District Court asking for damages from Williams Production RMT and Nonsuch Natural Gas Inc.
Williams and Nonsuch had pits and tanks above Prather’s cabin for fluids involved with hydraulic fracturing and production water from drilling rigs. After Prather took a drink that burned his throat and sent him to a hospital emergency room in 2008 , the springs below those facilities were found to be contaminated with benzene, toluene and xylene — carcinogenic compounds found in fracturing fluids and naturally released during the drilling process.
The Colorado Oil and Gas Conservation Commission investigated the contamination and issued notices of alleged violations.
The suit alleges Williams contaminated the drinking water spring and Nonsuch contaminated a spring on the other side of his cabin. Williams was operating its pit without a required permit. It also had an inadequate liner. Nonsuch had an unlined pit.
Prather is asking for unspecified damages for the leaks that he claims have resulted in losses to his outfitting business.
The oil and gas commission is also taking action on the leaks by fining Williams a record $423,300. In a settlement agreement expected to be finalized during a hearing next week, Williams does not admit responsibility for the contamination.
The commission is continuing to investigate the contamination of the second spring and has said there may be an enforcement action taken against Oxy USA, a company that was also drilling above Prather’s property. The commission has released Nonsuch as a result of its investigation.
Prather’s attorney Richard Djokic said he could not comment on why his client is suing Nonsuch rather than Oxy.
Nancy Lofholm: 970-256-1957 or nlofholm@denverpost.com
