A recent update from Julie Archer of the WV Surface Owners’ Rights Organization. Headlines include : WV-SORO Win: Ruling in Well Spacing Case Favors Surface Owners; Sierra Club Launches Campaign To Regulate Marcellus Drilling; and GASLAND Screenings This Week in Wheeling, Morgantown.

WV-SORO Win: Ruling in Well Spacing Case Favors Surface Owners

WV-SORO prevailed in a ruling in a case challenging state agency rulings on spacing for natural gas wells. The case, Blue Eagle Land Company v. West Virginia Oil and Gas Conservation Commission, was originally filed in the West Virginia Supreme Court but was sent back to circuit court.  WV-SORO intervened in the case, asking McDowell Circuit Court Judge Rudolph Murensky to rule that certain Marcellus Shale gas wells, those drilled more than twenty feet beyond the Marcellus Shale into the Onondaga Limestone, are statutory “deep” wells.

Statutory “deep” wells are subject to forced well spacing which for surface owners will result in fewer wells being drilled on their land to produce the same amount or perhaps even more gas. There is also a requirement that statutory “deep” wells have the surface owner’s consent for the well location.  Unfortunately, another Circuit Court ruling said that this consent requirement does not usually apply.

In addition to ruling that the wells in question are statutory “deep” wells, the Court ruled that the administrative agency with authority over deep well spacing gave no explanation or justification for allowing the wells to be drilled within 1,000 feet of each other.  The judge remanded the case back to the Oil and Gas Conservation Commission to take testimony and provide findings of fact for making a decision on how far apart the wells should be spaced.

Unfortunately, this ruling does not cover the new horizontal wells that are currently being drilled to develop the Marcellus Shale. These wells are statutory shallow” wells, governed by the “rule of capture” which means they can be drilled as close together and as close to a boundary lines as the driller wants them, unless a coal owner objects.  The “rule of capture” allows wells drilled on one landowner to produce gas lying under his neighbors without paying for it. What will help surface owners now, and just about every other party involved, is a statutory change to allow forced pooling of all horizontal wells, and all other wells too.

For more information see:
Press Release: Ruling in Well Spacing Case Favors W. Va. Surface Owners

Well Spacing for Marcellus Shale Gas Wells

Well Spacing and Royalty Sharing: What it is and why it should apply to the drilling of oil and gas wells in W.Va.

The WV Sierra Club has launched a campaign to deal with the gaping holes in regulation of Marcellus Shale gas wells. Potential dangers from this relatively new type of drilling range all the way from streams being sucked dry to chemical poisoning of first responders.

The WV DEP only has 17 inspectors for 55 counties for thousands of gas wells.  Everyone has a different take on the Marcellus “gold rush” but one thing’’s for sure.  Unless we pressure our legislators to enact laws that will guard our birthright and our children’’s future, our hills and hollows will be a very different place.

The idea is simply to build a bloc of voters who will press their county commissions, their legislators and the WV DEP to enact sensible regulation on the water, land and air issues caused by Marcellus drilling and then hold their feet to the fire at election time and during the legislative session.  No one should feel alone or powerless or unduly pressured by drillers.  We need to educate ourselves and our neighbors and turn that knowledge to power. We are all in this together and there is nothing more important than safeguarding the natural systems on which all life depends.

Many of us have lived on our land for decades using water wells for drinking, washing, cooking… – the essentials of life.  They may have the right to extract the gas, but you have the right to a healthy environment and only a careful set of rules can prevent water contamination.  Yes, we need jobs and prosperity, but without clean water, nothing works.

There’’s much you can do.  Talk to your neighbors and county commissioners.

Call your legislators toll-free : 877.565.3447

Learn your rights at www.wvsoro.org. Visit the WV Sierra Club websites at www.frackcheckwv.net or www.marcellus-wv.com or contact Chuck Wyrostok, Sierra Club Outreach Organizer at outreach@frackcheckwv.net or toll-free 877.252.0257.

For anyone who missed the screening in August or know of others who have asked about additional screenings  GASLAND the movie will be shown in Wheeling and Morgantown next week.

It’s my understanding Josh Fox is not expected to be there, but there will no doubt be many well informed people present for discussion, conversations…

Monday, October 11, 2010
Ohio County Public Library
5 16th St, Wheeling, WV
One Showing: 12 Noon
For more info. call 304.232.0244.

Tuesday, October 12, 2010
WVU College of Law, Morgantown, WV
Reception at 5:00 PM,  Screening at 6:30 PM
“Green Tables” for information distribution
Questions? E-mail  justpeace@yahoo.com

Friday, October 15, 2010
New Martinsville Public Library
160 Washington Street
New Martinsville, WV
4:00 PM

Saturday, October 16, 2010
Ohio County Public Library
5 16th St, Wheeling, WV
6:30 PM

Check http://www.gaslandthemovie.com/screenings/ for future screenings.

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