A group has announced its intent to file a lawsuit against Permian Highway Pipeline and Kinder Morgan due to impacts felt from the March 28 drilling mishap.

Attorneys on behalf of Trinity Edwards Springs Protection Association announced last week of their intention to file suit against Kinder Morgan and PHP for “contamination of an underground source of drinking water” from the drilling mishap that day, according to a press release. Wimberley Valley Watershed Association has also joined TESPA for the legal action under a memorandum of understanding.

“All of us who depend on groundwater for our drinking water supply have been alarmed by the pipeline for almost two years now, but for this contamination incident to happen in the midst of the COVID-19 pandemic and affect the only water we have to drink and bathe in — it is unconscionable,” said TESPA executive director Patrick Cox, PhD, in a press release.

The groups said their primary concern is a Class 1A carcinogen listed in the Material Safety Data Sheet, which was found in the drilling mud and “contaminated the aquifer and the water supply of area homeowners,” the TESPA press release said. AMC Gel is a drilling fluid compound, and according to the National Center for Biotechnology Information, Class 1A carcinogens are “known to have carcinogenic potential for humans.”

Ronald Fieseler, general manager of the Blanco Pedernales Groundwater Conservation District, noted that two of the four components of the gel are potential carcinogens.

“Two of the four components of the gel, acrylamide homopolymer and silica crystalline, have been identified as potential carcinogens, but only when inhaled,” Fieseler said in an email Tuesday. “The bentonite and sodium carbonate have not been identified as a carcinogenic, but, like the other two components, can have toxic considerations when inhaled. There are other potential health concerns about the ingestion or skin contact of all components when in dry form, and there are some cautions when the material is suspended in water.”

AMC Gel, which is a brand name, is a common component in drilling operations, said Allen Fore, Kinder Morgan vice president. Fore said the component is commonly used in many types of drilling.

“It’s a very standard component of the drilling process,” he said.

The notice of lawsuit alleges that Kinder Morgan and PHP committed four violations, including: violating the Safe Drinking Water Act “by injecting fluids into an underground source of drinking water,” endangering the public under the Resource Conservation and Recovery Act, discharging “pollutants” that would violate the permit issued by the Army Corps of Engineers, and “discharging pollutants” without a permit.

The March 28 drilling incident caused muddy or cloudy water in three wells of Blanco-area residents. Kinder Morgan has stopped drilling work at the Blanco River site while it looks into the cause of incident, said Fore. He added that other construction related operations may continue locally, but there will not be any drilling until the investigation is complete. He said the company is working with regulators and consultants to determine the next step, and what that next step is “depends on the review and analysis.”

“It’s not about the time it takes, but about getting it right,” Fore said.

The Texas Railroad Commission is also investigating the incident.

All three affected wells, plus four others, have been tested by the BPGCD. Fieseler said in an email Tuesday there were no “red flags” found in the testing.

“The water chemistry analyses for 13 common water quality parameters resulted in no red flags,” Fieseler said. “All results were within the ranges previously recorded and expected from wells in that area. The water chemistry results indicate generally excellent water quality in that part of Blanco County.”

Fieseler said samples were taken April 2-3, and he looked at samples from nearby wells, which were taken March 10, for a comparison. Another scientist reviewed his analysis April 8, and the samples were sent to a lab in Houston for peer review.

“The TSS analyses indicate that the sediment plume flowed primarily northeasterly from the pipeline boring site with a smaller lobe moving easterly,” Fieseler said in an email. “The sediment plume was greatly diminished by Friday, April 3, primarily as a result of settling and dilution as the sediment plume was transported and dispersed through the aquifer by natural groundwater flow. With local aquifer recharge water moving downward from the bed of the Blanco River, and additional recharge resulting from the 2-3 inches of rain that fell on Friday afternoon, April 3, the sediment plume is probably no longer detectable.”

Residents should be able to use water from wells normally at this time, Fieseler said.

“Based on the water chemistry and TSS results, it is my opinion that local residents and well owners may continue to make normal use of their wells unless sediment or unusual tastes or smells are detected,” he said. “If this occurs, well owners can call the Blanco Pedernales Groundwater Conservation District Office (830-868-9196) to report the problem and request a water quality test. Looking farther into the future, if and when Kinder Morgan recommences drilling under the Blanco River, local residents should increase their vigilance and be alert to any changes in their groundwater taste, smell, and appearance.”