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Permalink Reply by DB on November 30, 2012 at 4:45pm

My advice is to question why and to allow it and ask for results. They should give you the results without you having to ask anyway. Make certain that they test the source before any water treatment you have( Iron filters/treaters or softeners). When I read PA law, it appeared that if you refused you were at a disadvantage if something went awry later. This is presuming that you don't have an existing lease and have already agreed to less than stellar water quality remediation rights. Rex Energy sales people tell you what they do to test and protect your water source but their standard lease does not match what the sales guys says they do. Their promise in their standard offering basically says the they will restore your water source as well as they are able to.

 

Allow the test but don't agree to or sign anything without consulting a good lawyer.

I challenged Rex and was rejected as a potential lessor. I was told that the market did not justify their time to pursue me as a lessor even though I am in the crux of two or three potential wells - one of which they are actively pursuing. I allowed the water test.

 

Allowing the water test should only protect you if you don't have a lease, in my opinion, at least in PA since they are obligated to use a disinterested party. If they cheat and fake the results, you can challenge. You do have to know how to read the results. If you don't, you should be able to ask them to qualify your source as safe in writing. If they balk - spend the $500 to get a good lawyer involved.

 

 

 

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Permalink Reply by Tim Tarr on December 1, 2012 at 6:54am

When we received results it had a letter stating that other than bacteria the water met all requirements for safe drinking. Gave me number to call them with Questions about results and even county # to call for info on fixing bacteria problem.

On our lease that is the first Addendum, Water damage clause; even made them change use Its best efforts to Shall correct. Even though I think Fracking is safer then spreading fertilizer on ground (Nitrates). You never know when some jackass will spill Diesel or something worse.

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