Jessica Ernst

A landowner in the southern Alberta hamlet of Rosebud is claiming millions in damages from an oil and gas company for allegedly rendering her water undrinkable in the last decade because of hydraulic fracturing — a practice being used north of Cochrane for oil drilling operations there.

On April 27, Jessica Ernst presented at a Calgary press conference a 73-page statement of claim that has been filed at the Drumheller’s judicial centre of the Court of Queen’s Bench of Alberta.

The claim, prepared by Toronto-based lawyers Murray Klippenstein and Cory Wanless of Klippensteins Barristers and Solicitors, alleges EnCana Corporation “negligently injected chemical fracturing fluids at high pressure into coal seams located at shallow depths below ground.”

Ernst, a 54-year-old oil patch consultant, also alleges Alberta Environment and the Energy Resource Conservation Board (ERCB) failed to use their powers to protect the citizens’ water supply in the area.

None of the allegations contained in Ernst’s claim have been proven in court.

Drilling released methane and other contaminants into underground freshwater supplies and specifically into Ernst’s water well, the statement of claim read.

In 2001, the claim noted EnCana perforated into the Rosebud aquifer and hydraulically fractured coal seams starting 121.5 metres below ground.

“Three of these fractures were at depths that correspond to the depth of local water wells,” the claim read.

The statement of claim also alleges the operation caused water to be removed from the aquifer, reducing hydrostatic pressure in the same aquifer.

That, in turn, “caused the release of substantial quantities of methane from the aquifer coal seams into the Ernst water well,” the statement read.

Ernst is seeking $11.7 million in damages from EnCana.

EnCana’s spokesperson Alan Boras did not want to speak about Ernst’s claim.

“Because it’s before the courts we are not commenting on the lawsuit,” he told the Eagle on April 29.

However, he pointed to a report prepared in 2008 by the Alberta Research Council that emphasized naturally-occurring conditions were likely the causes of contamination of the Rosebud area wells.

After reviewing files from Alberta Environment, EUB (now ERCB), and other data relating to CBM-related complaints involving four water wells in the Rosebud area, the 13-page hydrogeological report concluded that “energy development projects in the areas most likely have not adversely affected the complainant water wells.”

Ernst is also seeking $10.75 million in damages from the ERCB, which she alleges was under a legal duty to use its enforcement powers to stop actions causing water contamination but failed to do so.

Lawyers Murray Klippenstein (left) and Cory Wanless flank Jessica Ernst April 27 in Calgary to announce a lawsuit against EnCana and provincial regulators. Photo by Enrique Massot

Ernst is also seeking $10.7 million in damages from Alberta Environment, which she claims did not conduct inspections and investigations on water contamination diligently.

“Despite having found toxic industry-related chemicals and substances in both the nearby hamlet’s reservoir and other nearby water wells . . . Alberta Environment concluded . . . that there was not a problem with the Ernst water well,” the claim alleged.

Spokesperson for Alberta Environment Cara Tobin could not comment on Ernst’s lawsuit because it’s before the courts.

However, Tobin said studies have shown that naturally-occurring causes can contaminate water wells. Spokespersons with the ERCB did not respond to requests for comment on May 2.

Ernst has been invited to present her story and make recommendations to governments at the 19th session of the Commission on Sustainable Development at the United Nations in New York this week.

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