U.S. Water News Online
ROGERSVILLE, Mo. -- Residents of this southwest Missouri town are fighting a proposed $165 million ethanol plant, fearing it will sap underground water supplies that supply their wells.
Gulfstream Bioflex Energy has a contract to purchase 250 acres of property east of Rogersville. But the contract, which expires Nov. 15, is contingent on a test well determining that enough water is available.
Several residents have sued, seeking to stop the company from drilling the test well.
More than 150 people -- most wearing United We Stand stickers -- turned out in Webster County to find out whether Judge John W. Bill Sims would extend an order that temporarily stalled drilling after plaintiffs made a $25,000 bond to cover any costs from the work stoppage.
But the company filed a motion seeking a different judge.
That means the earlier temporary restraining order was no longer in effect and couldn't be renewed by Sims. Drilling may resume on the test well being dropped by GBE at the site, he said.
"We are going to push as hard as we can to get this case in front of a new judge as soon as possible," said William H. McDonald, attorney for the plaintiffs.
GBE's attorney, Bryan Wade, contended in testimony that the plaintiffs had no standing to ask for a restraining order.
He also stated the standard for a temporary restraining order -- immediate, independent and irreparable damage to property -- cannot be proved.
Wade said no one knows what effect the test well or a working ethanol plant will have on neighboring wells.
"There has been a lot of misinformation out there," Wade said after the hearing.
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