Martin V. Saffer, Pocahontas County Commissioner
 
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Let's Learn Some Law About Gas Drilling

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Martin Saffer
Jul 1, 2011
8:45 am
Let's Learn Some Law About Gas Drilling
  1. What is a Deep Well? Any oil or gas well that is that is drilled and completed in a formation at or below the top of the Onondaga formation. W. Va. Code § 22C-9-2(a)(12). The Marcellus shale formation is above the Onondaga formation and the Utica shale formation is below the Onondaga formation.
Martin Saffer
Jul 1, 2011
8:48 am
Re: Let's Learn Some Law About Gas Drilling

Shallow Well – “[A]ny well drilled and completed in a formation above the top of the uppermost member of the ‘Onondaga Group’: Provided, that in drilling a shallow well the operator may penetrate into the “Onondaga Group” to a reasonable depth, not in excess of twenty feet, in order to allow for logging and completion operations, but in no event may the ‘Onondaga Group’ formation be otherwise produced, perforated or stimulated in any manner.” W. Va. Code 22C-9-2(11); W. Va. Code 22C-8-2(21); W. Va. Code 22-6-1(r).

Martin Saffer
Jul 1, 2011
8:51 am
Re: Let's Learn Some Law About Gas Drilling

Rule of Capture – A common law rule of non-liability which is phrased as follows: “[Oil and gas] belong to the owner of the land, and are part of it, so long as they are on it or in it subject to his control; but when they escape and go into other land, or come under another’s control, the title of the former owner is gone. If an adjoining owner drills his own land, and taps a deposit of oil or gas, extending under his neighbor’s field, so that it comes into his well, it becomes his property.” Powers v. Union Drilling, Inc., 194 W. Va.
782, 787, 461 S.E.2d 844, 849 (1995) (emphasis omitted).

Martin Saffer
Jul 1, 2011
9:04 am
Re: Let's Learn Some Law About Gas Drilling

Typical Marcellus well is a mile deep and a mile or more horizontally. The "hot" area is reported as north of Route 50

JIM
Jul 1, 2011
6:55 pm
Re: Let's Learn Some Law About Gas Drilling

So it seems as to who is first and quickest to start producing. Can the horizonal bore legally go under your neighbor's property?
I have some real concerns as to the safety to the groundwater supply from this fracting practice.
Is there information as to how far gas can travel underground to the recovery port?

Martin Saffer
Jul 1, 2011
6:59 pm
Re: Let's Learn Some Law About Gas Drilling

That is when we get to "forced pooling" issues. That is different that the capture matter. What I am coming away with in my brief look into this area of the law is that in West Virginia coal, oil and gas are king. Also, I wonder how many landowners don't actually own their gas and oil and don't even know it!

JIM
Jul 1, 2011
7:02 pm
Re: Let's Learn Some Law About Gas Drilling

Goes back to "Golden Rule". THOSE WITH THE GOLD, RULE!

JIM
Jul 4, 2011
10:27 am
Re: Let's Learn Some Law About Gas Drilling

Why are some wells safe and others cause problems?
From what I read all problems come from faulty casing either in materials or techniques.
It seems that more effort needs to be done on what causes failures.
At this time they are introducing a new material for fracting which supposely is much safer and is reusable when recovered. It LPG Gel.

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