WEST VIRGINIA FORCED POOLING BILL MOVED TO ENERGY, INDUSTRY AND MINING SUBCOMMITTEE

BEFORE THE ADJOURNMENT OF TODAY'S MEETING OF THE WEST VIRGINIA SENATE'S ENERGY, INDUSTRY AND MINING COMMITTEE MEETING, IT WAS DECIDED TO MOVE THE PROPOSED MARCELLUS BILL WITH ITS FORCED POOLING PROVISON ON TO A THREE (3) MEMBER SUBCOMMITTEE FOR FURTHER REVIEW. THESE ARE THE SENATORS THAT YOU NEED TO CALL, EMAIL OR WRITE TO VOICE YOUR OPPOSITION TO FORCED POOLING.

Here are the three members of the Senate Energy, Industry and Mining subcommittee

Senator Mike Green (D - Raleigh) District 9 CHAIR
Capitol Phone: (304) 357-7831
E-mail: mike.green@wvsenate.gov
Capitol Address: Room 206W, Bldg. 1, State Capitol Complex, Charleston, WV 25305

Douglas E. Facemire (D - Braxton) District 12 VICE-CHAIR
Capitol Phone: (304) 357-7845
E-mail: douglas.facemire@wvsenate.gov
Capitol Address: Room 217W, Building 1, State Capitol Complex, Charleston, WV 25305

Karen L. Facemyer (R - Jackson) District 4 Minority Whip
Capitol Phone: (304) 357-7855
E-mail: karen.facemyer@wvsenate.gov
Capitol Address: Room 441M, Building 1, State Capitol Complex, Charleston, WV 25305



 

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Permalink Reply by Todd Charles on February 23, 2011 at 11:08am

 

THIS JUST WENT TO THE SENATORS LISTED ABOVE.  IF YOU LIKE IT, PLEASE FEEL FREE TO USE IT, OR ANY PARTS OF IT, FOR YOUR OWN LETTER OR EMAIL :

 

SENATORS KAREN L. FACEMYER, MIKE GREEN AND DOUGLAS E. FACEMIRE;


AS A WEST VIRGINIA LAND, MINERAL, GAS AND RIGHTS OWNER, I AM WRITING TO PROTEST THE FORCED POOLING PROVISION IN SENATE BILL 424 !

ALTHOUGH DEFEATED AND REMOVED, BY ALL 14 MEMBERS OF THE HOUSE JUDICIARY SUBCOMMITTEE, FROM HOUSE BILL 2878 - IT WAS "RE-INTRODUCED" AND PUSHED THROUGH TO SENATE BILL 424 - AFTER A "PRIVATE, CLOSED DOOR" MEETING IN THE OFFICE OF SENATE PRESIDENT, JEFFREY V. KESSLER.

THIS IS NOT A "BACK ROOM", "CLOSED DOOR" ISSUE. THIS IS AN ISSUE THAT REQUIRES CLOSE SCRUTINY - IN THE BRIGHTEST LIGHT POSSIBLE.

I BELIEVE THAT IT IS MY CONSTITUTIONAL RIGHT - AND MINE ALONE - TO DETERMINE WHETHER (OR NOT) TO LEASE, SELL, CONTRACT OR GIVE AWAY MY LAND, MINERALS, GAS, RIGHTS OR PROPERTY - AND - MY RIGHT TO DETERMINE FOR WHAT PRICE I WANT TO LEASE, SELL OR CONTRACT MY RIGHTS, LAND OR PROPERTY.

I VIEW ANY ATTEMPT TO VIOLATE, DISRUPT, RESTRICT, PREVENT OR PROHIBIT MY RIGHTS TO (OR NOT) LEASE, SELL, CONTRACT OR GIVE AWAY MY OWN LAND, MINERALS, GAS, RIGHTS OR PROPERTY - TO BE ILLEGAL AND UNCONSTITUTIONAL.

I FIND IT DISGUSTING THAT ANY WEST VIRGINIAN SHOULD FEEL WE MUST DEFEND OUR RIGHTS TO THE LEGISLATORS AND SENATORS WE HAVE ELECTED TO DEFEND, PROTECT AND SERVE - IN OUR BEST INTERESTS.

PRESERVE, PROTECT AND DEFEND THE LAND, PROPERTY, RIGHTS AND PROSPERITY OF YOUR CONSTITUENCY AND WEST VIRGINIA - NOT THE BEST INTERESTS OF THE OIL AND GAS INDUSTRY AND THEIR LOBBYISTS.

REMOVE THE FORCED POOLING PROVISION FROM SENATE BILL 424.


SINCERELY,

KIT McGLINCHEY
ADDRESS & PHONE #
DELETED FOR THIS POST

Permalink Reply by 29041431 on February 24, 2011 at 5:11am

Good Work, Kit. Senator Jack Yost (D-Brooke) District 1, has told the WVMOA that he has only received a few calls and emails from people protesting FORCED POOLING. Let's all give Senator Yost a call, an email or a letter today. He still hasn't made up his mind whether he's for or against. Senator Orphy Klempa told WVMOA yesterday that he was against Forced Pooling, but we must not let up the fight. Here is Senator Yost and Klempa's contact information:
                                           Jack Yost (D - Brooke) District 1 
                                           Capitol Phone: (304) 357-7984             
                                   E-mail: jack.yost@wvsenate.gov
                                           Capitol Address: Room 209W, Building 1,                   
                                           State Capitol Complex, Charleston, WV 25305
 
                                           Senator Orphy Klempa (D-Ohio) District 1
                                           Capitol Phone: (304) 357-7918                  
                                   E-mail: orphy.klempa@wvsenate.gov   
                                          Capitol Address: Room 204W, Building 1,                                                

                                          State Capitol Complex, Charleston, WV 25305

Permalink Reply by Todd Charles on February 24, 2011 at 9:51am

Thank you, 29041431. Senators Yost and Klempa, got a copy of my first letter, when the forced pooling provision was in the house judiciary subcommittee - you can bet they will get a copy of the letter above, as well.

Thanks so much for your vigilance in this matter. The oil and gas lobbyists ride our senators relentlessly, day and night - in house and on the street - anywhere they can gain access to them.

They're like dripping water torture, so we need to continue to support this issue and let our voices be ever ringing in the ears of our representatives.

Sincerely,

Todd Charles and Kit McGlinchey

Permalink Reply by 29041431 on February 24, 2011 at 10:13am
Thank you Todd for all you have done. The gas companies have unlimited resources...the best attorneys, the best lobbyists, the best research organizations and money. And lots of it. It's difficult to overcome all of that but when the constituents call their elected officials , most of them do listen. It does make a difference. We have a long way to go this and we must remain steady. Information trumps just about everything. Thank you.
Permalink Reply by Todd Charles on February 24, 2011 at 9:32am

 

HERE IS THE RESPONSE I RECEIVED (TO MY LETTER ABOVE) FROM SENATOR MIKE GREEN :

 

We have removed the force pooling provision in our version of the bill and while still a long way from passage, I will continue to oppose this provision. Thank you for sharing your view point and I am


Sincerely,

Senator Mike Green, Chairman
Energy, Industry and Mining

Permalink Reply by Mmmarkkk on February 24, 2011 at 6:06am
Thanks.  I just sent each an email SUPPORTING this legislation.  It is important and needed!
Permalink Reply by Todd Charles on February 24, 2011 at 11:28am

Mmmarkkk, please understand that we definitely support and endorse the O&G industry regulatory measures, the environmental protective provisions, and the funding to the DEP to pay for the manpower and resources to enforce these measures - which are all part of Senate Bill 424.

It is only the "forced pooling provision", in that bill, that we so adamantly oppose - and for all the reasons listed in my letter to the Senators. It is "the one bad apple" that spoils all the rest of the good legislation, in Senate Bill 424. We cannot allow it to be included and passed as "part and parcel" of the protective and necessary legislation, which is designed to protect both the citizens and environment of West Virginia.

 

*I want to apologize for this bold type - but it would not shut off !?!?!

 

Respectfully,

 

Kit McGlinchey

Permalink Reply by Todd Charles on February 24, 2011 at 11:45am

...and Mmmarkkk, I sincerely hope you included your home address of HOUSTON, TEXAS, in your letter supporting "forced pooling" legislation for the land, mineral, gas and property owners of WEST VIRGINIA.

Sincerely,

Todd Charles

Fairmont, WV

Permalink Reply by 29041431 on March 3, 2011 at 5:24am
I spoke to Ron Hayhurst of WVMOA this morning and he told me that since the Senate had passed SB424 yesterday it was being sent over to the House today March 3, 2011 for a hearing (reading) in the House at 11:00 A.M. It is believed that HB2878 may not be passed but that both the House and Senate will have to work out their differences in Conference. There is still a lot of work left to do. Ron will be in Charleston at the Capitol to monitor the legislation until this is all over.
Permalink Reply by Todd Charles on March 3, 2011 at 7:30pm

Thank you, 29041431, for this update and your continued vigilance.  We must stay on top of this issue until the laws passed in our judiciary system protect the land, minerals, gas, rights and prosperity of all the citizens of West Virginia.

Chip NorthrupPermalink Reply by Chip Northrup on March 4, 2011 at 4:55am

Forced  pooling should not be applied to shale gas wells. It is a misapplication of well spacing unitization laws which were originally intended to keep a well on one person's property from drawing oil from the same formation under their neighbors property. Plus as a safety measure - to keep wells from being too closely spaced.  

 

This does not apply to fracking shale -since the only effective way to draw gas from a neighboring property is to frack underneath that property.  As proposed, forced pooling is just private eminent domain. Using the law to compel a neighbor into a bad lease.  If passed, it will be challenged in court and it will fail. 

As discussed in more detail in this Power Point

http://my.brainshark.com/Horizontal-Hydrofracking-of-Shale-Gas-in-N...

Permalink Reply by 29041431 on March 4, 2011 at 5:21am
Thanks for the link and the insight. . Slides 50-51 address shale pooling.

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