Example of Forced Pooling involving Chesapeake

[guardian]

guardian ,
I understand what you have said. But as the law applies in PA they can legally frack the shale on the property line and  its perfectly legal. Now will they do it is another matter. I would think at least to this point they prefer to have everyone in a unit before they frack the well. If by some chance they want to make a test case out of this. The property owner will need a Attorney to fight for all of us. Who do you propose pay the fee ? I would think all of us landowner at that time would need to start a fund to pay for this one case to help us all.
Wax

Wax I re-read your earlier post and now seeing your most recent . . . .

I think we are substantially in agreement here.  As I wrote earlier, the driller is surely entitled to frac shale they have leased, and that means right up to the property line.  Fracking is imprecise.  Perhaps they have a way to limit the outreach of their frac to 160 (plus or minus) feet.  I lack the technical knowledge to know this.  It's only when they come over the line, though, that I have a problem.

I was offended by the DEP's response, putting as they did their focus on rule of capture and ignoring fracking.  That's insanity in the Marcellus, and the DEP should know better.  Sadly, they most likely DO know better.

On paying for the legalities:

This is why I earlier suggested a threat . . in advance.  This situation does not sound to me like a good candidate to be the test case.  But surely I could be in error on this.

Things like this cause my indignation to rise up, and most likely my blood pressure, too.  It is so obvious, so clear, to me that this woman should have control of her own land.  And yet neither the courts, nor certainly our pathetic, over paid, PA legislature, has provided her any protection whatsoever.

Even in Texas, a state widely regarded as being industry-friendly and (relatively) unprotective of landowners, even in Texas landowners have more protection than landowners here in Pennsylvania.  The situation is disgraceful. 

[brownswissmomma]

This is why I earlier suggested a threat . . in advance.  This situation does not sound to me like a good candidate to be the test case.  But surely I could be in error on this.

I agree this is probably not the best case for "the" case due to the fact we are leased with the same company as the property owner of the well. The best case would probably be someone who is unleased or is leased to another company. In that event, the other company would fight for their leased gas.

A question though, a representative from Petroleum Dev't Corp actually said to my husband that we can't guarantee we are not going to take your gas, but you can't prove it. They did quote the Texas case...  Could we prove somehow they are taking gas. I know the rule of capture history has something to do with water. Anyway to test storm water running into sewerage dye is used. It's a shame we can't put a tracer in our gas at the Marcellus level. Could we get a seismic test done ourselves to see where the successful fraccing was done? How could you PROVE it??

[Wax]

Sorry to say proving it under PA laws does you no good. Under " rule of capture " your only option is to drill a well on your side of property line and take gas from both side of the line. In this case you are leased to the same operator. I do not know how many acres are involve but why they will not include you in the unit is a total mystery.
Wax

[JEB]

This is why I have been saying for over a year that the O&G's could care less about small parcels of land.  In this case you are leased and they still don't care.    Maybe it is just an exploratory well and they have no plans for it.  They did drill an exploratory well near me that they haven't done anything with.

As far as the saying goes about the shale being so tight that there is no movement of gas in it?  One drilling rig foreman told me that they had experienced a gas kick in the bore hole of a well that was 2000 feet from one that had just been fracked.  He said that there is no way to tell how far frac cracks will travel.  And don't forget about all of those J1 and J2 cracks already in the shale.

I think the guy was right, they are going to get the gas anyway!  They sure don't seem to care much around here if someone refuses to sign a lease!      

[JEB]

Brownswissmomma,

When the drilling crew was drilling the well were you angry, upset, and complaining to them because of the drilling?

Your story sounds like they are trying to get revenge on you.  One of my neighbors did that stuff and they excluded his property from the production unit!  His complaining started with the pipeline ROW and then included everything else they did from then on! They were not ever even on his property.

[guardian]

This is why I earlier suggested a threat . . in advance.  This situation does not sound to me like a good candidate to be the test case.  But surely I could be in error on this.

I agree this is probably not the best case for "the" case due to the fact we are leased with the same company as the property owner of the well. The best case would probably be someone who is unleased or is leased to another company. In that event, the other company would fight for their leased gas.

A question though, a representative from Petroleum Dev't Corp actually said to my husband that we can't guarantee we are not going to take your gas, but you can't prove it. They did quote the Texas case...  Could we prove somehow they are taking gas. I know the rule of capture history has something to do with water. Anyway to test storm water running into sewerage dye is used. It's a shame we can't put a tracer in our gas at the Marcellus level. Could we get a seismic test done ourselves to see where the successful fraccing was done? How could you PROVE it??

I believe there is no practical way to prove what you wish to prove.  It's all happening a mile down.  They can do pretty much as they wish.  You will just have to hope they eventually include you in another DU, and I think they will.  When, I don't know.  As you yourself pointed out, being already leased narrows your options.  You are handcuffed for now.  But things might still turn out OK for you . . . in the fullness of time.

If they do not include you in a DU before your lease expires, then your situation would become more "interesting".  For now your loss is one of royalty payments delayed . . . . . but not denied . . . . . at least not yet.   

[brownswissmomma]

Brownswissmomma,

When the drilling crew was drilling the well were you angry, upset, and complaining to them because of the drilling?

Your story sounds like they are trying to get revenge on you.  One of my neighbors did that stuff and they excluded his property from the production unit!  His complaining started with the pipeline ROW and then included everything else they did from then on! They were not ever even on his property.

Jeb, In fact no. We have been very polite and cooperative. It kind of floored us when, speaking to the production manager, and later confirmed on the phone from another company source, they would only be paying royalties to the landowner that the well was on. We have allowed them to test our water, signed a waiver for the compressor station to be closer than the local ordinances allow, and have tried our best to let them know we support gas drilling. We never complained about the noise although we are down-slope from the drilling activity. Really really we don't know why. Makes no sense to us at all.  Hopefully they will go horizontal and include us later, but of course a bird in the hand is worth two in the bush!

[mohawk70]

Maybe you should have brought home-baked chocolate chip cookies.

[brownswissmomma]

Maybe you should have brought home-baked chocolate chip cookies

There is always that
Maybe we were trying TOO hard to be what we are; you know, welcoming country folk.