City officials raise concerns about UW well drilling project

The cease-and-desist culminated in a back-and-forth between city and university officials about whether the drilling was authorized.

In its initial letter, the city cited a portion of city code requiring any new development within the aquifer protection overlay zone in city limits to complete a peer-reviewed aquifer protection site-specific investigation before the proposed activity can occur.

The university had an SSI completed in 2016 for test monitor wells nearby, and in its Aug. 19 reply to the city, interim Vice President for Administration Bill Mai wrote the new wells “fall within the parameters” of the 2016 city-approved SSI.

“The SSI does not indicate any expiration of the city of Laramie approval of the drilling of test and monitoring wells on UW property in the parameters identified within the existing SSI report,” Mai wrote.

Additionally, the university had received approval from the State Engineer Office for the drilling project.

UW attorney Tara Evans noted in a letter attached to Mai’s that although UW has performed previous SSIs required by the city in the past, “the university does not waive any rights it has as an instrumentality of the state of Wyoming, including its sovereign and governmental immunity” by submitting those documents.

“The university is not subject to the city’s zoning regulations,” Evans wrote, citing a 1981 Wyoming Attorney General opinion and case law.

Additionally, Evans noted in her letter that while UW complies with city building and fire code requirements and often voluntarily supplies the city with documents like conditional use permits, “the ultimate decision and authority over these matters is retained by the university.”

“Any requirements in the city’s Uniform Development Code that extend beyond building and fire code requirements, including but not limited to aesthetic issues, landscaping, planning and land use, and the building exterior, may be rejected by the university as outside authority granted to the city,” she wrote.

In a response letter dated Sept. 5, City Manager Janine Jordan and Natural Resources Manager Darren Parkin wrote the State Engineer’s Office “does not consider aquifer protection, nor protection of the city of Laramie’s water supply, when issuing drilling permits” and again stated their concern about the drilling project.

UW spokesman Chad Baldwin told the Boomerang Friday the university ultimately performed an updated SSI, which indicated the “drilling activities would not negatively impact the Casper Aquifer.”

“The university has followed all applicable state laws and regulations for this type of activity and completed all necessary applications and permits for the test wells, as required by the State Engineer’s Office,” Baldwin said.

The city has received the SSI, City Manager Janine Jordan told the Boomerang Friday, and is waiting as it is peer-reviewed over the next two weeks.

Beyond any concerns about the drilling impacting the aquifer itself, the city also said in the Sept. 5 letter that the university’s decision to drill a new test well in such proximity to an operating city well is “concerning, to say the least.”

The letter notes that “on multiple occasions in the past three years,” the city has offered a partnership with UW to use existing municipal wells, including the one close to the drill site. By joining together, city officials wrote, both parties could achieve their goals while keeping costs down.

“Instead, UW has chosen to reject the win-win solution offered by the city in favor of pursuing its own interest by drilling a new well within mere feet of the city’s (well) site — an action that is almost certain to cause harm to the water system,” Jordan and Parkin said in the Sept. 5 letter.

The letter added the invitation to share wells remains open, inviting the UW Board of Trustees and acting UW President Neil Theobald to meet “in furtherance of a fruitful partnership in this matter.”

“We entreat the Board of Trustees and university administration to halt these unilateral attempts in favor of engagement with the city in a long-term partnership that will meet the fiduciary and stewardship responsibilities both entities share with respect to our water sources,” city officials wrote.

Although UW has submitted an updated SSI, Jordan told the Boomerang Friday the city remains “concerned about the operational interference” the new well could cause with the municipal system.

Baldwin said UW expects to complete the initial test wells this fall.