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1 1 CWAG 2010 WATER LAW CONFERENCE The Broadmoor Colorado Springs, Colorado April 29 – 30, 2010

2 2 CWAG 2010 WATER LAW CONFERENCE The Broadmoor Colorado Springs, Colorado April 29 – 30, 2010

3 3 Denver Technology Center Denver, CO 80111 (303) 993-1950 PRODUCED WATER Treat and Re-Use Matthew Bruff, Esq. April 29, 2010 CWAG 2010 Water Law Conference The Broadmoor, Colorado Springs, CO April 29-30, 2010

4 4 Brief Agenda Economics of Produced Water (PW) AltelaRain ® Produced Water Treatment Produced Water Re-Use Permitting Where Technology Has Been Deployed Conclusions & Next Steps in PW Re-Use 4

5 5 Treating water naturally. What is water worth? $1,000,000/gal to a millionaire dying of thirst $25/acre-foot to an agricultural irrigator (thats $0.0001/gal) Bottom line: the worth of water spans a HUGE spectrum (10 10th, or a span of 10,000,000,000 times) 5 Economics of Water

6 6 Treating water naturally. Produced Water: Oil & Gas producers often pay 40 times as much to get rid of a gallon of dirty water, as you and I pay for a gallon of clean water PW limits the economic life of a well, not the amount of oil or gas underground By lowering the cost of PW disposal, more energy can be made from the same well – and the U.S. and NM domestic known reserves can be increased By cleaning this PW, costs can be lowered and the water given away for free for valuable re-use in the arid west 6 Economics of Produced Water

7 7 Initial target market is the oil and gas industrys expensive produced water and frac water Applicable to any water remediation or desalination Has developed a new water desalination product Altelas product is in the field, generating revenue The Company 7

8 8 The Technology 8

9 9 Altela understood from day one it is all about cutting edge technology AND PW re-use Regulatory landscape clearly tightening around E&P companies and traditional PW disposal This regulatory change is a key driver of Altelas technology deployment Legal and Regulatory Permitting 9

10 10 10 Treating Water Naturally Resource Conservation & Recovery Act 1976 (RCRA) Subtitle C Exception (1980) Oil and Gas Industry Waste Underground Re-Injection (Safe Drinking Water Act) Surface Discharge (Clean Water Act) Navigable Waters (NPDES) Land Application (Surface Discharge) POTW Irrigation & Livestock Agricultural Dust Suppression Frac & Well Completion In-Stream Flow Surface Impoundments & Landfills (Pits, Land Farming) Aquifer Recharge

11 11 11 Legal and Regulatory Permitting (contd) Altela has successfully obtained precedent-setting produced water re-use permits & approval from US EPA, Navajo EPA, State of CO, State of NM, State of PA, U.S. Bureau of Land Management Altela and related treatment companies are contributing to the development of produced water re-use laws and regulations Deployment of AltelaRain ® Systems provide catalyst of beneficial use of produced water = water rights Its only the first chapter – water runs uphill to highest beneficial use and resulting environmental sustainability of E&P industry

12 12 12 Produced Water Re-Use Regulatory Permits 2005: First-ever approval in New Mexico to surface discharge treated, purified produced water for re-use 2007: US EPA-based approval for a centralized produced water treatment facility for in-stream flow and aquifer recharge through a publicly owned treatment works (POTW) 2007: First-ever Navajo Nation environmental permit to surface discharge treated, purified produced water for irrigation, livestock, and agricultural re-use 2008: Non-tributary water right approval for beneficial use of treated, PW in Colorado within the Colorado River Basin 2008: Approval to discharge treated, clean PW into the Colorado River Basin for beneficial use 2008: Canadian permit obtained 2009: Marcellus well-pad and re-use approval

13 13 13 Treatment of Produced Water, Piceance Basin, CO Real-world customer PW is high in both TDS and BTEX Single pass through Altela tower strips clean distilled water (DW, on left) from black foul-smelling oilfield water (PW, on right)

14 14 14 Treatment of 6X Frac Water, Piceance Basin, CO

15 15 Basin: San Juan, New Mexico PW Quality: ~40,000 TDS Replaces PW delivered to commercial facility, reduces cost and truck miles through City roads Agencies: NMOCD, City of Farmington, U.S. EPA Blackshawl Installation – Farmington, NM 15 Making Water from Waste

16 16 Following treatment, water available for irrigation, agricultural and livestock re-use Extremely dry, water starved area of the Nation First permits of their kind Navajo EPA monitoring requirement 31 parameters Navajo Nation Installation, San Juan Basin 16 Making Water from Waste

17 17 17 Produced Water Treatment Near Spirit River, Canada

18 18 18 Frac & Produced Water Treatment Marcellus Basin, PA

19 19 Piceance Basin Installation, Rifle CO COGCC Rule 907 Re-use of water Discharge directly into the Colorado River Drainage Land Application (Beneficial Re-use of the Water) Classified as Waste or Asset (Water Right) 19

20 20 The Set-up 20 Colorado River Irrigatable Acreage City of Rifle Treatment Plant (POTW) T&E Reach of CO River Potable Water Reach of CO River Supports More Water, More Energy, Less Waste Act of 2007

21 21 Multi-jurisdictional landscape increases challenges Successful case examples of produced water treatment and re-use increasing Regulatory landscape evolving and developing to meet such re-use applications Changes in Produced Water regulations providing catalyst for beneficial re-use In many cases, no precedent exists; field data imperative Conclusions 21

22 22 Treating water naturally. "A promise is a cloud; fulfillment is rain." Arabian proverb 22

23 23 Contact Information: Matthew Bruff, Esq. (303) 960-9105 5350 South Roslyn Street, Suite 450 Englewood, CO 80111 23

24 24 CWAG 2010 WATER LAW CONFERENCE The Broadmoor Colorado Springs, Colorado April 29 – 30, 2010

25 25 CWAG 2010 WATER LAW CONFERENCE The Broadmoor Colorado Springs, Colorado April 29 – 30, 2010

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