Historical Overview of Well Driller Logs and the DWR Well Completion Report 2011 Update

1. Historical Overview of Well Driller Logs and the DWR Well Completion Report2011 Update Bob Pierotti Southern Region April 14, 2011

2. Origin of Well Logging • Don’t know • Deep drilling was invented in Sichuan, China in 11th century. (Vogel, 1993) • The first known artesian well was drilled in the Artois district of France in 1126. (Sarton, 1931)

3. Early Well Logs • England In boring a well, “a great deal of practical information … may be embodied by keeping a correct journal.” (Swindell, 1849) • U.S. It is important to keep “a careful record of the strata encountered …” (Chamberlin, 1885) • China “In drilling … the different strata of the earth should be noted.” (Jung, 1890; translated by Fang, 1948)

4. Early Well Logs 1848 Swindell, 1849

5. Collection of Samples • One must collect “a full suite of samples” (Chamberlin, 1885) • One should sample: • “every time the boring rods are drawn to surface” (Spon, 1885) • At least every 10 feet (Norton, 1897) • At each change of character in the strata. (Spon, 1885; Norton, 1897) • Samples “are best poured into cigar boxes or fruit cans…” (Norton, 1897)

6. Were Drillers Making Logs? • “The importance of accurate records of borings was early recognized by the more enterprising … drillers …” (Fuller et al, 1905) • One driller who had been drilling wells for 18 years in southern California is reported to have had hundreds of well logs. (Reagan, 1915)

7. Problems with Driller Logs • “Considerable difficulty has been experienced in obtaining reliable information in regard to well borings …” • For many wells no records could be obtained. • The interpretation of well records is “difficult and uncertain” because many drillers • “use haphazard terms of description for the materials which they penetrate … ” • “trust much to memory when writing their ‘logs.’” Darton, 1897

8. Problems with Driller Logs • Many drillers keep records while drilling. • But afterwards, the records are often lost. • After a driller learns “the succession of the rocks,” he keeps no records while drilling. • Often throwing away his earlier records. Fuller et al, 1905

9. Early Filing of Well Logs • In 1904, the USGS began a voluntary “systematic collection of well records and samples” (Fuller et al, 1905) • By 1906, • The work had extended to nearly every State and Territory. • Scope included borings for oil, gas, & water wells. • Nearly 2,000 records have been studied. • Upward of 12,000 samples have been examined, classified, labeled, & filed. • Because of budget cuts, program apparently ended. USGS, 1906, 27th Annual Report of the USGS

10. Oil & Gas Well Logs • Beginning in 1909, owners of oil & gas wells in California were required to: • “keep a careful and accurate log of the drilling of such well …” (Statutes of California, 1909, Chapter 356 ) • Beginning in 1915, owners were also required to: • File a log with the Department of Petroleum and Gas. • If possible, file logs for wells drilled previous to the enactment of this act. Statutes of California, 1915, Chapter 718

11. Oil & Gas Well Logs • When oil wells are drilled in an area fresh water supplies, the driller should be required to keep an accurate log of the • sediments penetrated, • water encountered, and • characteristics of the water. • The log should be filed with the Division of Water Resources, “where the public may have access to it.” Brown, 1935, Water Works Engineering

12. California Water Well Logs • In response to the drought of 1947. • A.B. 21, Dickey et al. (March 2, 1948) • Would have required the filing of a water well completion report with Division of Water Resources. • Also, would have established appropriative rights to groundwater similar to surface water. • This provision probably killed the Bill. Ritchie, Groundwater Reflections, Feb-Mar 1990, p. 7

13. California Requires Well Logs A.B. 1934, Dickey et al Every person who hereafter digs, bores or drills a water well, or who deepens or reperforates any such well, shall file with the appropriate regional water pollution control board a report of completion of such well within thirty days after its construction or repair has been completed. Statutes of California, 1949, Chap 1552; Water Code § 7076

14. California Requires Well Logs • The report shall be made on forms furnished by the Division of Water Resources and shall contain such information as the division may require, including but not limited to: • description of exact location of the well; • detailed log of the well; • description of type of construction; • details of perforation; and • methods used for sealing-off surface or contaminated waters. Statutes of California, 1949, Chap 1552; Water Code § 7076

15. Selected Modifications to Water Code Regarding WCR

16. Activities Requiring a WCR • In 1949, well logs were require whenever someone digs, bores, drills, deepens, or reperforates a well. (Statutes of 1949, chap 1552) • In 1969, logs were also required whenever someone abandons or destroys a well. (Statutes of 1969, chap 482)

17. Types of Wells Requiring a WCR • Water wells (Statutes of 1949, chap 1552) • Cathodic protection wells (Statutes of 1969, chap 482) • Monitoring wells (Statutes of 1986, chap 1373) • Geothermal heat exchange wells (Statutes of 1996, chap 580)

18. What was the intent of the law requiring the filing of WCR?

19. Intent of WCR • Water Code §§ 7076, 7077, & 7078 regarding well completion reports were part of a package of bills known as the Dickey Water Pollution Control Act. • Added “Division 7. Water Pollution” to the State Water Code. • State Water Pollution Control Board • Regional Water Pollution Control Boards • Became effective October 1, 1949. Statutes of California, 1949, Chapters 1549-1552

20. Intent of WCR • “considerable progress can be made by requiring … the filing of the logs of newly constructed wells, … • Such information, which must now be searched out without assurance of completeness, would be invaluable in the event of an underground pollution. • It would also provide a tremendous fund of geologic information which is now lacking with regard to many of the underground reservoirs of the State.” Randal F. Dickey, 1949, Report of the interim fact-finding committee on water pollution

21. Intent of WCR • “These sections are intended … to begin the systematic accumulation of the data on water wells which will be needed by the regional boards, and which will be of great importance in the studies of the Division of Water Resources.” Randal F. Dickey, Water Quality Control in California, September 1950

22. Intent of WCR • “A current and complete file of well log data should be invaluable to the many agencies interested in ground water problems. • In areas where quantity and quality studies are to be undertaken, this information now must be sought through tedious field reconnaissance without assurance of completeness since the logs for many wells are unobtainable.” Report on water well drillers’ completion reporting program: Region Water Pollution Control Board Executive Officers Committee, October 1952.

23. Intent of WCR • Indeed, as early as 1911, because it was known that water wells could become contaminated, the USGS recommended that: • “An accurate log of the well should be kept, so that the depth and character of the water-bearing formations may be known.” Bowman, 1911

24. Declaration of Policy • In 1965, a Declaration of Policy regarding WCR was added that further defines the intent. • The Legislature finds that the greater portion of the water used in this state is obtained from underground sources and that such waters are subject to impairment in quality and purity, causing detriment to the health, safety and welfare of the people of the state. • The Legislature therefore declares that the people of the state have a primary interest in the location, construction, maintenance, abandonment and destruction of water wells, which activities directly affect the quality and purity of underground waters. Statutes of California, 1965, Chap 1088

25. Why file WCR with Regional Boards rather than with DWR?

26. An Alternative to A.B. 1934 • Another bill regarding well logs • Would have required logs be filed: • With the Department of Public Works • Logs of irrigation wells only • The bill described a more detailed log than called for in A.B. 1934 • No action taken, died in committee. S.B. 1366 introduced by Senator Crittenden on January 29, 1949

27. Regarding A.B. 1934 AB 1934 required that the reports be filed with the regional water pollution control boards. Director of Department of Public Works found that to be “objectionable” Because the Division of Water Resources is the agency charged with investigating defective wells, sources of pollution and underground water supply, preparing and furnishing the forms The reports should be filed with DWR. In any event, copies of the records should be filed with DWR C. H. Purcell, Director of Public Works, July 6, 1949

28. What was the Practice? • The Water Code required WCR be filed with regional water pollution control boards. • However, in 1952 the Executive Officers Committee reported that: • The WCR were “being filed directly with the Division of Water Resources” • “Several Regional Boards have a vital interest in information…” • “There are, however, regions that have little interest in such information at the present time.” Region Water Pollution Control Board Executive Officers Committee, October 1952.

29. What was the Practice? DWR & the regional boards agreed on a procedure. Drillers would file WCR with DWR DWR would assign a State Well Number DWR would send original to regional board DWR would retain a copy They reasoned it would simpler if reports were sent to DWR with only two offices (Sacramento & Los Angeles) rather than the nine regional boards. Ritchie, Groundwater Reflections, Feb-Mar 1990, p. 7

30. 1965 A.B. 2707 Porter • WCR must now be filed with DWR. • “Every person who hereafter digs, bores or drills a water well … shall file with [DWR] a report of completion …” Statutes of California, 1965, Chap 1088

31. Value of Driller Logs

32. Value of Driller Logs • “Location of reported wells has been so poorly indicated, reports have little or no value and • the Division has been attempting to field-check the location of each and every well report.” Region Water Pollution Control Board Executive Officers Committee, October 1952.

33. Availability of WCR

34. Availability of WCR • 1948: “Information … submitted … shall be held in confidence … and shall be used only for surveys or investigations made by [DWR] or other state agencies.” (A.B. 21) • 1949: No restrictions on availability. • In 1951, reports • shall not be made available for inspection by the public • but shall be made available to governmental agencies for use in making studies. (Statutes of California, 1951, Chap 783)

35. Why Logs Are Confidential • “The information required to be filed … is regarded by some drillers as part of their stock in trade, and such drillers are reluctant to submit such information if it is made available to the general public. • It is believed that if such information is not open to public inspection, more complete and accurate information will be received.” C. H. Purcell, Director of Public Works, May 21, 1951

36. Why Logs Are Confidential • “It is properly within the prerogative of the Legislature to prevent random inspection by the public of such reports since the reports are required for use by regional water pollution control boards only.” • “No constitutional objection.” Walter S. Roundtree, Deputy Attorney General, May 22, 1951

37. Why Logs Are Confidential • A.B. 1512 • Passed Assembly unanimously • Passed Senate by 30 to 1 • Governor’s office received no opposition from State agencies. • Supported by • Department of Public Health • Department of Public Works • “Approval is recommended.” A. Edward Nichols & Beach Vasey (Governor’s staff), May 29, 1951

38. Availability of WCR • Amended in 1965: • Reports shall be made available to any person who obtains a written authorization from the owner of the water well. (Statutes of California, 1965, Chap 1088)

39. A.B. 2530 (1994) Sher An attempt to make WCR more easily available

40. A.B. 2530 (1994) Sher • Reports shall not be made available for inspection by the public. • Shall be made available to public agencies for use in making studies. • A public agency may publish selected portions of a report if the information is germane to the evaluation of water resources, water quality, geologic hazards, or seismic hazards. • Shall be made available to any person who obtains a written authorization from the owner of the well. A.B. 2530 (Sher) passed by Legislature in August 1994

41. A.B. 2530 (1994) Sher • Reports for wells located in urbanized areas shall be made available to geologists, geophysicists, and civil engineers registered in this state for use in making studies. • At any time after the report is filed, the original well owner may request that information contained in the report not be made available to geologists, geophysicists, or civil engineers. A.B. 2530 (Sher) passed by Legislature in August 1994

42. Support for A.B. 2530 • DWR analysis of A.B. 2530 • PRO: Reports would be more accessible to the scientific & engineering communities, thus reducing time & costs for work related to seismic safety & cleanup of contaminated groundwater. • CON: Criteria for release of well reports is too complicated. • Recommendation: “SIGN THE BILL” Enrolled Bill Report signed by Director Kennedy August 26, 1994

43. Opposition of A.B. 2530 • “these ‘logs’ … reveal a wide range of environmental conditions, including pesticide use, and underground water-table viability.” • “Is it fair to take information paid for by an individual and make that information public?” • “this information could potentially lead to new regulations and based on historical data rather than conducting investigations of existing groundwater resources. Groundwater resources fluctuate over time … it is imperative that any regulations be based on current rather than past data.” Assemblymember Dean F. Andal to Governor Wilson, August 11, 1994

44. Veto of A.B. 2530 • “although this bill may appear to offer … the security of confidentiality, it also mandates DWR to make the data available to state and local entities. • … this conflict violates the provider's request to keep the information confidential. • … the provider should have the assurance that when they request confidentiality, the information will not be distributed to any individual or governmental entity outside of DWR.” Governor Pete Wilson, veto message to State Assembly, September 27, 1994

45. MTBE S.B. 989 (1999) Sher et al • “Reports … shall not be made available for inspection by the public, but shall be made available to governmental agencies for use in making studies, or to any person who obtains a written authorization from the owner of the well. However, a report associated with a well located within two miles of an area affected or potentially affected by a known unauthorized release of a contaminant shall be made available to any person performing an environmental cleanup study associated with the unauthorized release, if the study is conducted under the order of a regulatory agency. A report released to a person conducting an environmental cleanup study shall not be used for any purpose other than for the purpose of conducting the study.” Statutes of California, 1999, Chap 812

46. S.B. 263 (2011) Pavley An attempt to make WCR more easily available

47. S.B. 263 (2011) Pavley Beginning January 1, 2012, DWR “shall make available to the public a report … for well construction … completed on or after January 1, 2012.” Beginning July 1, 2013, DWR “shall make available to the public a report … unless [DWR] receives notification by the well owner” to keep it confidential.

48. S.B. 263 (2011) Pavley Things to Consider: Information more widely available. Drillers may be less likely to comply. Many well owners may opt out. Creating a second category of WCR. Well owners may be unaware of their options. Increased requests from public for reports. Likely more work for DWR for some years. May reduce DWR workload in the long term If we have Intent submittal for new logs If we scan all older logs

49. S.B. 263 (2011) Pavley Support* Groundwater Resources Association California Groundwater Association If amended Oppose* Central Basin Water Association Farm Bureau City of Lakewood San Gabriel Valley Water Association * These lists may be incomplete

50. Summary • 1848, earliest (?) well logs. • 1904, systematic collection of well logs & samples by USGS. • 1909, California required oil & gas well logs. • 1949, California required water well logs. • Intent of law: • Use in groundwater pollution studies • Increase understanding of groundwater basins • Confidential to improve driller compliance. • S.B. 263 may result in much more unfunded work for Regional Offices.