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North Texas city of Denton could become 1st in the state to ban hydraulic fracturing

Council member Dalton Gregory, right gesturing, ask a question of Frack Free Denton member Adam Briggle, after Briggle's presentation to the council during a public hearing, Tuesday, July 15, 2014, in Denton, Texas. The North Texas city could become the first in the state to ban hydraulic fracturing if city leaders approve a citizen-led petition to outlaw the drilling method. (AP Photo/Tony Gutierrez)

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Council member Dalton Gregory, right gesturing, ask a question of Frack Free Denton member Adam Briggle, after Briggle's presentation to the council during a public hearing, Tuesday, July 15, 2014, in Denton, Texas. The North Texas city could become the first in the state to ban hydraulic fracturing if city leaders approve a citizen-led petition to outlaw the drilling method. (AP Photo/Tony Gutierrez)

DENTON, Texas - A North Texas community that sits on a large natural gas reserve could become the first city in the state to ban hydraulic fracturing, with city leaders in Denton set to vote late Tuesday on a citizen-led petition to outlaw new permits for the drilling method.

The process, also called fracking, has led to major economic benefits but also to fears that the chemicals could spread to water supplies, worsen air quality and even cause small earthquakes.

Scores of other cities and some states have considered similar bans, but the proposal in Denton is a litmus test on whether any community in Texas — the nation's biggest oil and gas producer — can rebuff the industry and still thrive. Industry groups and state regulators warn that such a ban could be followed by litigation from mineral rights' owners and could have economic implications for the state and even globally.

Fracking involves blasting a mix of water, sand and an assortment of chemicals deep into underground rock formations to free oil and gas. While the method has long stirred concerns about its effects on the environment and human health, industry proponents argue that fracking can be done safely and is cleaner than other forms of energy extraction.

Under the proposed ban, operators would be allowed to continue extracting energy from the 275 wells in Denton that have already undergone fracking, but not reinitiate the process on old wells or frack new wells.

Under Texas law, land ownership is split between the surface and the minerals below, and in Denton, most of the mineral rights are held by estates and trusts outside Texas. Denton residents with mineral rights reap about 2 per cent of the total royalties.

State regulation "pre-empts" any city right to ban "economically viable drilling," according to former Texas Supreme Court Chief Justice Tom Phillips.

Phillips represents the powerful Texas Oil and Gas Association and says its thousands of members would "undoubtedly sue" if the ban passes.

Members of the Denton Drilling Awareness Group, who organized the petition, argued that the costs of fracking are ultimately higher than the benefits.

An estimated 500 people turned out to Denton City Hall Tuesday, spilling over into satellite rooms and even a city building across the street. More than 100 people registered to speak during the hearing.

Among them was Maile Bush, who testified that her son has suffered from nose bleeds and other health issues since fracking near their house began.

Construction company owner Randy Sorrells, 57, opposes the ban, and said he hopes fracking of the five wells on his 100-acre property will fund his three children's college education.

"There is a well 300 feet from my bathroom window. We've never had a problem," Sorrells said.

Denton sits on the Barnett Shale, which is believed to hold one of the largest natural gas reserves in the U.S. City leaders introduced a temporary ban on new fracking permits in May after fracking-ban proponents delivered a petition containing about 2,000 signatures.

Sorrells submitted a petition on behalf of Denton Taxpayers for a Strong Economy that he said contains about 8,000 signatures of opponents to the ban.

Denton, with a population of about 120,000 residents, is about 35 miles northwest of Dallas and is home to the University of North Texas. The gas fields have produced a billion dollars in mineral wealth and pumped more than $30 million into city bank accounts. But some residents want the city to be known for environmentally friendly commerce and the nation's largest community garden instead.

If the council rejects the petition, it would likely go to Denton's voters on a November ballot.

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