otherwise modify the common law doctrine of
riparian rights in West Virginia law
Require that an erosion and sediment control
plan, meeting the requirements of the most
current WV Erosion and Sediment Control
Manual, accompany each application for
a well work permit of 1 acre or more. The
erosion sediment control plan should be
designed and implemented to meet the
NPDES permit requirements for commercial
land disturbance (i.e., shopping center,
residential development, commercial
development). The plan will be prepared by a
Professional Engineer certified in E&S control
practices (vegetation). That any landowner
negotiated surface disturbance agreements
exceed S&E regulations and that DEP be
required to enforce those agreements
Language requiring the operator to submit
certification from the DOH to the DEP
secretary that the operator has entered into a
road maintenance agreement with the DOH
Fee structure for new permits, permit
renewals and permit modifications sufficient
to provide for adequate inspection and
fulfillment of new rules governing oil and gas
exploration
Compensation for pasture and crops loss
Return soil and nutrients to at least the
previous level of production potential
Replenish water sources in both quantity and
quality
Replace, maintain and/or repair fences and
roads throughout the operation
Provide free gas to surface owners or
equivalent compensation
Nuisance payment/inconvenience fee
Compensation for pipelines and other
structures
The collection of revenue of 1/10th of 1%
from the extraction company of gas and oil
revenue from a well will be directed to a
closeout/reclamation fund
NATURAL GAS ROYALTY
DISTRIBUTION
Farm Bureau recommends that a royalty for all gas
and constituents thereof, including all liquid, solid
or gaseous substances produced and saved from any
formations on the owners royalty, an amount equal
to at least one-eighth (1/8) gross/without deductions
of the price be received from the sale of such gas
and constituents thereof. Payment of royalty for gas
produced and marketed during any calendar month is
to be made within ninety (90) days from the end of
the month of production.
Gas royalty shall not be less than one-eighth
(1/8) gross/without deductions for the month such
gas is produced. All gas and constituents produced
shall be measured by a meter set at the wellhead and
the royalty shall be paid on the volume of gas and
constituents measured accurately at that point. If
royalty payments are less than $25, they will be paid
annually.
THEFT OF OIL, GAS, COAL
Because there have been and continue to be
thefts of significant amounts of oil, gas and coal, and
since these thefts have not been considered criminal
actions, those whose resources were stolen are forced
to seek redress in civil court against individuals
and firms with significant resources, thus making
recovery difficult if not impossible.
Farm Bureau requests that the WV Legislature
enact legislation specifying that the theft of oil,
gas, or coal be crimes and that the same financial
guidelines be used to determine the amounts that
would make the crimes misdemeanors or felonies.
ABANDONED PIPELINE RIGHTS-OFWAY
Land rights-of-way for pipelines and any other
public or private utilities abandoned for two or more
years shall revert to the surface landowner.
Removal of abandoned equipment and material
must be the responsibility of the utility or company of
ownership.
The landowner shall not be held liable for any
damages or pollution caused from this abandoned
equipment or material.
LAND USE PLANNING
WV Farm Bureau believes that land use decisions
can best be made at the local level by private
landowners and farmers. We urge farmers to become
involved in the land use planning process at all
levels of our government to protect Agriculture.
WVFB believes land use planning must maintain the
West Virginia Farm Bureau News 23