re-negotiate old leases that lack pooling and
unitization language for oil, natural gas and
the constituents thereof and other marketable
substances. WVFB opposes any legislation that
undermines or does not conform to the Supreme
Court decision in Tawney v. Columbia Natural
Resources, which held that unless there is specific
language granting expenses in a lease, then a lessee
shall not deduct expenses. WVFB opposes any
legislation granting lessees rights under leases that
are not specifically contained in those leases without
due process and just and reasonable compensation.
79. STUDY IMPLEMENTATION FROM
HORIZONTAL WELL ACT
West Virginia Farm Bureau supports legislation
carrying out the recommendations of the studies
required by the West Virginia Legislature as set forth
in the Horizontal Well Act; in particular, perimeter
monitoring of noise, dust, light, air emissions, etc.
(data that must be made available to surrounding
landowners). The legislation should require drillers
to increase protections if scientifically established
standards are exceeded.
80. PROPER CHANNELING OF
WATER DURING PAD OR PIPELINE
INSTALLATION
West Virginia Farm Bureau believes legislation
should be enacted that will require any company that
cuts into a water aquifer while installing a drilling,
storage or transfer pad or pipeline be responsible for
draining the water to the nearest water channel in
a manner that does not produce a wetland, thereby
ruining the land for agricultural purposes. This shall
be done during the initial construction phase.
81. PARTITION LAW
West Virginia Farm Bureau supports updating
partition law for West Virginia.
82. ENERGY
West Virginia Farm Bureau believes that national
interest is best served by a sound energy policy,
which encourages conservation and provides
incentives for production. Such incentives encourage
individuals or companies with nonproducing gas and
24 West Virginia Farm Bureau News
oil wells to re-enter production.
We recommend that, where feasible,
hydroelectric generators are installed at existing
dams and that the feasibility of hydro-generation be
considered at new impoundments.
West Virginia’s coal industry and the potential
use of hydroelectric generators on existing
dams should be given priority status in meeting
production demands.
We recommend continued research and
development of coal, waste, ethanol, methanol, wind
power and other resources to provide environmentally
sound electric generation.
83. LAND USE PLANNING
West Virginia 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 potential for the land to produce
food and fiber for future generations and not
infringe upon property rights.
WVFB supports agriculture representation on
land use planning and subsidiary committees to be
no less than 30% of the membership. Agriculture
representation must be by county resident agriculture
producers. Property owners should have the right
to appeal all decisions of the land use planning and
subsidiary committees. WVFB recommends that
all planning and zoning ordinances be voted on by
referendum during general elections.
84. FARMLAND PROTECTION
West Virginia Farm Bureau supports the
preservation of agricultural land for future
generations’ production of food and fiber. WVFB
favors changes to the capital gains and income tax
portions of the WV Tax Code, which will enhance
the donation of land. WVFB believes counties should
have the ability to purchase perpetual easements or
long-term leases of the property’s development rights.
WVFB supports appropriate federal and state
legislative changes to the Farmland Protection
Program to allow a county option for timber
harvesting and the exploration of oil and gas on
protected lands as long as it requires a minimal