A Good Test Should  Be Done Before Fracking Begins As Legal Protection

In order to establish legal footing for a future claim for damage to a well caused by fracking, it is essential to establish the condition of the water before fracking occurred.   There is no way to do this except with a high-quality test, prepared especially for fracking damage verification, which is administered correctly.  This usually means that a third party must collect and submit the sample.   Making a claim against an oil company by saying “the water used to be good but now it’s awful” isn’t likely to get you anywhere.  A comprehensive before and after test carries much weight as a bargaining tool and as a basis for legal action.

The following advice is from Water Quality Magazine:

With all the controversy surrounding the gas drilling business that utilizes hydrofracturing, also known as fracking, it is important to get the correct test performed by a certified laboratory. National Testing Laboratories is certified in the states in which fracking is occurring and has formed partnerships with other certified laboratories to meet the needs of its customers. The company has several packages, some geared toward state recommendations and others based on collaboration with geologists at Wilkes University in Pennsylvania.

It is important to document which problems, if any, exist in the water, such as iron, hardness or manganese, because these levels may be affected by the drilling process. It is also important to document the lack of problems. For example, documenting that no volatile organics exist prior to drilling activities will be helpful should they show up after drilling has occurred. Most importantly, the sample should be collected by a third party that is trained in proper sample collection. This establishes a chain of custody, which will be important if litigation arises. The chain of custody documents who is in possession of the samples at all times, maintaining that the samples have not been tampered with. For more information about testing packages and sampler training,call 800.458.3330.