Planning commission approves 49-acre-foot freshwater pond for oil operations on Sunhagen property

The Williams County Planning and Zoning Commission approved a conditional use permit to construct a freshwater holding pond on land owned by Donald Sunhagen, a planning staff member said, after public concerns about drainage and reclamation. The permit covers a pond with an estimated storage volume of about 49 acre-feet to support nearby oil-well operations.

The pond will be located in the north half of the northeast and the northeast of the northwest of Section 23, Township 158 North, Range 96 West (South Meadow Township) on a 121-acre agricultural parcel, planning staff said. Proposed dimensions presented to the commission were roughly 500 feet by 419 feet with a maximum depth of 15 feet; the applicant said the pond will be lined, have a maximum slope of 3:1 and be surrounded by a three-strand barbed-wire fence with gated access. Water for the holding pond will be obtained using water permit 6281, the staff presentation said. Access to the site is off 70 Fifth Street Northwest.

The applicant, Jaden Ewing of Magna Services, told commissioners the company uses 10- to 20-year surface agreements and that agreements include reclamation obligations. “We have in all of our agreements, we’ll do 10 to 20 year agreements. And then after, then we have in all of our agreements that we’ll come reclaim all the land and, you know, make sure it’s better than we found it,” Ewing said.

Neighbors pressed for more detail. Ricky Ron, who said his land sits straight north of the proposed pond, asked what resources landowners would have for reimbursement if runoff or a breach damaged their property. “That water always flows to our land,” Ron said. Timothy Sunhagen, who identified himself as the property owner at the meeting, said most of the pond’s volume would be subsurface and that the site’s plan includes lay-flat hoses to reduce truck traffic. “Most of this pond, if you look at the drawings, is subsurface,” Sunhagen said, adding that the existing drainage system downstream was designed to handle typical runoff.

Commissioner Tory abstained from the vote, stating he works for Phoenix as the company’s regulatory manager. The motion to approve was moved by Commissioner Brett and carried after roll call. Commissioners recorded one abstention and the remaining votes in favor; the board asked staff to request that Phoenix (the operator associated with water transfers) clarify insurance coverage or provide an insurance rider to address potential liability before the matter proceeds to the county commission for final approval.

Planning staff noted that because the pond’s storage was below the 50-acre-foot threshold, the project did not require the state water commission’s full reservoir permitting process that applies to larger impoundments. The staff presentation also said the applicant must obtain any approvals required by the county water board (stormwater or grading requirements) as part of final permitting.

The permit now moves to the county commission; the planning board directed staff to request written confirmation of operator insurance coverage and reclamation commitments from Phoenix and the applicant prior to that hearing.