The Cherokee Nation and the town of Vian have filed an appeal against the decision of an Oklahoma Corporation Commission (OCC) administrative law judge to allow a saltwater injection well in Vian.

During an emergency meeting held Dec. 7 the Vian town council voted to appeal the decision made by Kathleen M. McKeown, the OCC Administrative Law Judge who granted I-MACs Petroleum Services Inc. of Muskogee an application for a saltwater injection well to be placed in Vian’s town limits.

On Friday town attorney Larry Vickers filed the appeal for the town and said he also filed another motion to reopen the case as long as the case is not closed. Along with the town’s appeal, Cherokee Nation attorney Todd Hembree filed an appeal on behalf of Cherokee Nation Councilman David Thornton.

Hembree said Thornton gave evidence and testimony during the last hearing, which gave him the right to appeal, adding he is willing to take the issue to the next level.

Thornton said Vian has already become a dumping ground.

“I feel that if we don’t do something now, the damage and impact this well could have on our area in 10, 20, 30 years from now will be bad. It’s time to throw up a red flag. We want another hearing with the OCC,” Thornton said.

“No one wants this well in our town,” Mayor Kenneth Johnson said. “I’m glad the Cherokee Nation has become involved.”

A hearing on the two appeals is scheduled for 9:30 a.m. Jan. 25 at the Jim Thorpe Building in Oklahoma City.

response to Opposition

Charles Brooks, I-MAC representative, said he is “really puzzled” about the continuing opposition surrounding the well. He explained that during the summer he met with council members and several other town staff members and answered questions and concerns. Brooks thought the town was in support of the saltwater injection site. Now there are several people opposing the well.

“We were sure we had the town’s support or we would have never continued with the process,” Brooks said.

During a previous town meeting, Brooks offered to pay the town $50,000 up front and $10,000 a year for 10 years if the town would allow the injection well. Brooks told council members even if the well was to be closed for any reason after it opened the annual donations to the town would continue to be paid.

The council did not take Brooks’ offer and now Brooks said the deal no longer stands.

He said the money offered to the town of Vian was to address one of the primary issues heard during the protest. Which was the town would not directly benefit from the well.

Brooks said Vian needs upgrading and he believes the injection well would be a great asset to the town.

“I know Vian has struggled and needs improvements to their sanitation and other areas. I know the town doesn’t want to have to worry about paying high loans back. We would be willing to step up and help with loans along with other issues that the town might have,” he said.

Tuesday morning Johnson said he was not aware of any offers other than the $50,000 up front and the $10,000 a year for 10 years.

“Brooks may have spoke with someone else, but I’m not aware of any offers,” he said.

“The money that was offered is pennies compared to what the company would be making from the sites they would be bringing the disposal waste in from. I feel like the money offered was just an attempt to buy the town out,” Johnson said.

Brooks said that opening a facility that would harm to the environment and create a risk of being closed down by the governing authorities would be extremely bad business.

“What we are proposing is a highly regulated business,” Brooks previously said.