WV SORO Action ALert
March 5, 2010
Two Bills, Two Actions
As the legislative session winds down, we need you to take action on two important bills...
Please read on to find out what you can do. Also, please see our update on the Surface Owners' Rights Recognition Act (SB 529 and HB 4408) at the bottom of this action alert.
Senate Passes Bill to Legalize Stealing ~ Urge Your Delegates to Oppose SB 369
Last week we mentioned that an awful bill to change the the definition of “shallow wells” (SB 369) was passed by the Senate Energy, Industry and Mining Committee during a hastily called meeting held at the back of the Senate chamber. Despite our efforts to educate senators about the ramifications of the bill for West Virginia surface and mineral owners, the Senate passed the bill earlier this week. The bill is now in the House of Delegates, where is has been assigned to the House Judiciary Committee. House Judiciary Chairman Tim Miley (D-Harrison) had placed the house version of the bill on the committee's agenda last week, but fortunately the committee did not get the chance to act on it. We need your help to urge him to not take up SB 369.
Please contact your Delegates and House Judiciary Committee members and urge them to oppose SB 369.
SB 369 would change the definition of a "shallow well" so that it applies to vertical Marcellus Shale wells. This would essentially legalize stealing of gas from neighboring mineral owners. Unlike wells defined as "deep wells," "shallow wells are not subject to well spacing and royalty sharing laws which allow mineral owners whose natural gas is drained by wells on their neighbors to receive their share of the royalties. If Marcellus wells aren't subject to those laws, gas drillers could drill on the edge of a neighboring mineral owners' land and drain gas from that tract without paying for it. One Marcellus Shale well could start out taking more than $1,000 a day in royalties from a neighboring mineral owner.
The bill is also bad for surface owners because without well spacing, there can be more of these larger sites on the surface, with no limit on how close together they can be. Well spacing is good for surface owners because only the number of wells necessary to produce the gas will be drilled. Without well spacing, the “rule of capture” applies resulting in extra, unnecessary wells being drilled as unscrupulous drillers, who are paid by the well, try to be the first to get the gas from the same pool. Each additional well site causes forest fragmentation, results in more soil erosion and stream sedimentation, and increases risks groundwater and other features of the environment.
Well spacing is also good for consumers because drilling fewer wells to get out more gas means less cost to get out the gas. It is good for everyone else in the process because it saves money and produces more gas than when the “rule of capture” applies.
SB 369 is terrible for surface owners, mineral owners, investors, consumers and even most drillers.
Please contact your Delegates and House Judiciary Committee members and urge them to oppose SB 369.
Call the Capitol toll free at (877)-565-3447 to leave a message for your Delegates. Click here to get Delegates' Capitol office numbers and e-mail addresses. If you do not know who your Delegates are you can find out here. Click here for contact information for House Judiciary Committee members.
We have requested a public hearing on the bill to slow it down, but we hope it won't be taken up. We'll let you know ASAP if a public hearing is scheduled. We greatly appreciate your help in contacting Chairman Miley, Judiciary Committee members and YOUR Delegates. Please continue making those calls and help us kill this terrible bill.
Public Hearing Monday on Marcellus Shale “Water Bill”
The Senate Natural Resources Committee will hold a public hearing Monday, March 8th at 1:00 PM on HB 4513, the Marcellus Shale Water Bill.
The House of Delegates passed the bill Wednesday. It has been referred to the Natural Resources Committee and Energy, Industry and Mining (EIM) Committee in the Senate.
The Natural Resources Committee Public Hearing will be held Monday in the Senate Judiciary Room, 208 West, at the State Capitol in Charleston.
We hope you can attend the public hearing. If you can't attend, please contact your Senators on the Natural Resources Committee and ask them to support this important bill aimed at protecting our water resources from Marcellus gas well drilling.
HB 4513 – the Marcellus Shale “water bill” – is a good start at regulating withdrawal of water for drilling and fracturing these Marcellus shale wells. The bill also contains regulations requiring identification of the contents of fracing fluids – and sets up a system for tracking the disposal of those fluids.
Talking points are included below, courtesy of the WV Environmental Council.
Please consider attending the public hearing or call the Capitol toll free at (877)-565-3447 to leave a message for your Senators. Click here to get Senators' Capitol office numbers and e-mail addresses. If you do not know who your Senators are you can find out here.
Here are the capitol phone numbers for members of the Senate Natural Resources Committee:
Sen. John Pat Fanning (D-McDowell), Chair: (304) 357-7867
Sen. William Laird (D-Fayette), Vice Chair: (304) 357-7849
Sen. Edwin Bowman (D-Hancock): (304) 357-7918
Sen. Larry Edgell (D-Wetzel): (304) 357-7827
Sen. Douglas Facemire (D-Braxton): (304) 357-7845
Sen. Walt Helmick (D-Pocahontas): (304) 357-7980
Sen. Brooks McCabe (D-Kanawha): (304) 357-7990
Sen. Roman Prezioso (D-Marion): (304) 357-7961
Sen. John Unger (D-Berkeley): (304) 357-7933
Sen. Randy White (D-Webster): (304) 357-7906
Sen. Clark Barnes (R-Randolph): (304) 357-7973
Sen. Frank Deem (R-Wood): (304) 357-7970
Sen. Karen Facemyer (R-Jackson): (304) 357-7855
Talking Points / Reasons to Support HB 4513
HB 4513 establishes additional requirements for the drilling and fracturing of Marcellus Shale gas wells. These requirements are necessary in order to protect rivers and streams from becoming dewatered by stream withdrawals or contaminated by disposal of wastewater produced in the drilling and fracturing process.
The bill would require that prior to drilling, fracturing or stimulating Marcellus Shale gas wells that use large volumes of water, operators must submit the following information to WV DEP’s Office of Oil and Gas:
* Type of water source (surface, underground or groundwater) and county of origin
* GPS data of withdrawal location
* Anticipated volume of each withdrawal
* Anticipated months when water withdrawals will be made
* Planned management and/or disposition of wastewater
* Additives to fracing fluids and material data safety sheets
For surface water withdrawals, a water resources protection plan that includes the above information, and measures to be taken to allow the state to manage water quantity. The Plan must include the following:
* Current designated and existing water uses, including public water intakes within one mile downstream
* Demonstration of sufficient instream flow immediately downstream
* Use of the DEP Water Use Guidance Tool as a measurement of flow
* Measures to protect fish
Further, the bill mandates that operators keep records of their handling of frac water, including the quantity of flowback water, the quantity of produced water, and the method of disposal of flowback and produced water.
For disposal of these waste waters, operators must keep records of the quantity of all water transported to disposal facilities, the collection and disposal locations of all waste water, and the name of the water hauler.
Update on Surface Owners' Rights Recognition Act (SB 529 and HB 4408)
We are extremely disappointed to report the Surface Owners' Rights Recognition Act (SB 529 and HB 4408) failed to get a hearing in either the House or the Senate. We'll have more details on what happened soon, along with information on our future plans to advance surface owners' rights in West Virginia. In the meantime, please know we appreciate your continued support, dedication and enthusiasm for this issue. We couldn't keep going without YOU. You calls, e-mails and letters, as well as your financial support sustain and enhance our efforts. Thanks for all you do!
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