Comment

Comment by daniel cohen on March 13, 2010 at 10:17am

Dear Marie,
Thank you for calling our attention to the situation below:

http://www.ktbs.com/player/?video_id=26006&zone=1&categories=1

All good thoughts,
Dan

Comment by daniel cohen on March 9, 2010 at 10:57pm

Brian Oram commented in Part 1 and I believe it merits inclusion in Part 2. The conversation went as follows:

Dear Brian,
You are suggesting the following possible remedies for the well owner to consider-"it would be nice if copies of the well permits were at a local office were the public could review, time was spent telling homeowner and well owners what the baseline data means, tell them who to call when they think there is a problem and putting in place a plan to deal with a contamination event."

That sounds like pretty good advice to me-how would you suggest that we attempt to implement it?

You further suggest- "some of this is covered in proposed legistration some is just being a good neighbor. Also, be a good neighbor - baseline testing is expensive - consider doing baseline testing for one of your neighbors if they are outside of the testing area the company is offering."

Again sound advice. I'm moving these suggestions to Aquifer Contamination -Part 2 as well.

Well said on all points Brian-many thanks for the careful thinking.
Dan

Comment by daniel cohen on March 7, 2010 at 5:07pm

Another thought for those going it alone- in Aquifer Contamination -Part 1 you can find a list of things to try to have in your lease agreement.
Dan

Comment by daniel cohen on March 6, 2010 at 11:18am

For those rugged individualists who may still feel that they prefer to go it alone, the following may be of some limited help in directing you to the controlling authority for your region,
http://i136.photobucket.com/albums/q166/dani20_photo/landstuff.jpg?...

Dan

Comment by daniel cohen on March 5, 2010 at 11:48pm

Most of us are independent minded, worship as we see fit, mind our own business and try to do right by those we come across. We've been taught to accept responsibilities along with the blessings that have been bestowed upon us. With all that in mind, what I'm going to suggest will strike a discordant note.

I think we need to become vocal with our neighbors & friends, and share with them the pro's & cons previously explored. I believe that we need to point out the potential for risk to themselves, their property and the health of their children . The goal is to hope for the best, but to prepare for the worst.

They need to know how to protect themselves in the contract they sign, and how to hold the companies responsible for what they do and don't do. If we are careful and monitor the drilling closely, hopefully we can enjoy the benefits of the mineral wealth and avoid the hazards.

To do the above, they will need to band together rather than go it alone, to hire a knowledgeable attorney to negotiate the protections they need in the contract, and to establish a base line water profile of their wells, ponds and aquifer in general.

All of this will require money to be laid out- and by banding together the costs can be made to be quite moderate. Alone it is quite costly.

Please share any thoughts you may have as to how best to implement the protections we need, and to add to the comments above for the areas I may have left out. If we do this properly, we may be setting the standard for how to manage the situation to the benefit of all.
Dan

Comment by daniel cohen on March 5, 2010 at 5:25pm

Dear Tom,
Point taken, and appreciated.
Dan

Comment by Tom Copley on March 5, 2010 at 5:09pm

Daniel-- It's great to have you say that you're willing to be open-minded. I merely meant when your starting assumptions are phrased in a certain way, they tend to frame any subsequent answers you are likely to elicit. --Tom

Comment by daniel cohen on March 5, 2010 at 4:00pm

Dear Tom,
You wrote"many people have had positive experiences with them. If for no other reason than having enlightened self-interest on their part, it seems a bit cynical to make such a blanket statement. Whatever happened to giving people the benefit of the doubt?"

Perhaps I was being hasty in my remarks, since it was only based upon that which I have read in the past several months or so and clearly I haven't sampled all that is out there. I'd welcome your observations about positive interactions, but would suggest you add them to the Aquifer Contamination-Part 1 discussion rather than here.

Here we're looking to determine the best way to proceed to protect our interests. Your observation to "Always get it in writing! " is exactly the kind of info we need to be kept aware of.

Janice, in a previous post somewhere, indicated that we would be best advised to try to get as large a group of landowners together to best negotiate the deal- with numbers comes negotiating strength.

rfs in a previous post somewhere indicated that having an attorney do the negotiating for the contract would be the better way to go, rather than our usual go-it-alone ways of the past. He further points out that the attorney ought to be knowledgeable in gas/oil rights rather than just a regular lawyer.

Again, from my limited reading, these points are all on target and need to be kept in mind.
Dan

Comment by Tom Copley on March 5, 2010 at 3:07pm

Daniel-- You say:

4) The companies doing the drilling are not looking out for anything other than to get the job done at the least cost to themselves

While I do not wish to sound overly-charitable towards the gas exploration companies, many people have had positive experiences with them. If for no other reason than having enlightened self-interest on their part, it seems a bit cynical to make such a blanket statement. Whatever happened to giving people the benefit of the doubt? There are a few giants such as Exxon and Chesapeake operating in the Marcellus shale, but with over 50 companies drilling, and an even larger number planning to drill, its important to recognize that many of these firms are little more than ''mom & pop" operators run by everyday people such as you or me. To paint them all with the same broad brush as little more than ''greedy capitalists'' frames your obsrvations, at least partly, as accusatory.

None of the above is to disagree in the least with your main point that it is a good idea to protect oneself in any transaction affecting the future of one's land especially as it pertains to water. I'd "tripple underscore" the advice to protect oneself when any transaction is with family and relatives. Always get it in writing! Otherwise it's very easy to be taken advantage of. (voice of experience speaking there)

--Tom

Comment by daniel cohen on March 4, 2010 at 10:33pm

From what I've been reading, it's likely that before drilling will commence on a given property, the gas company will ask to take a water sample to establish a baseline for your well. It is recommended that you permit them to do so, but to insist upon a copy of the results. It is also recommended that you have your own analysis done also, by an independent third party professional, not the same water testers that were hired by the gas company.

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