Wednesday, January 9, 2013

where to getinfo about FORCED POOLING

I run a page on Facebook called LeeCoNcSayNoToFracking 
I have been posting everything I can find about the effects of
"Forced Pooling "
short definition :The issue which one group calls fair pooling, is referred to by most as forced pooling. It is a system where landowners who have chosen not to lease their land for drilling or other industry activity, may be forced to lease merely because their neighbors have done so, and the locations of adjacent properties is convenient for the industry's planned activity. An individual's right to use his or her property as he or she chooses is at issue.
I am sharing this information here and hoping i can ask for some help reading through these sites and Help find anything we can to help NC fight "Forced Pooling "
This farm was raped through Forced Pooling
We have three key concerns about the SB820 bill:
  • It does not prohibit companies from drilling for gas without permission from the mineral rights owner, as long as a certain percentage of the owner’s neighbors have signed gas leases – a practice called forced pooling.
  • It makes surface use agreements optional, meaning that landowners who don’t own mineral rights may have no say in how their land is used.
  • It does not allow time for adequate study of potential impacts, such has whether current state eminent domain laws would allow companies to seize private property to build pipelines to transport the gas they extract.
The bill does require the state to study the issue of forced pooling and to write regulations governing fracking. If the bill becomes law, we hope that the state will remain committed to a strong and thorough rule-making process that will address some of these concerns at the regulatory level.
 (MEC) member Ray Covington aka NC-Landman that Co-owns NC OIL & GAS LLC  and some of his gang having a  Compulsory Pooling study group of the N.C. Mining and Energy Commission (will take place Friday, January 11, 2013 at 9:00 a.m. at the McSwain Extension Education and Agricultural Center at 2420 Tramway Road in Sanford, NC.

Do you know our County Government or Sanford Herald has not posted an announcement about it !Nope  
But we been spreading the word !

Well I asked for help to learn NC residents rights and what Regulations are on the books now about Forced Pooling ??

This nice Org from Ohio Frackfree America National Coalition at facebook and their site is gave some helpful stuff  at
 Say-no-to-fracking-in-NC !

They  also said it would be GREAT to have an transcript of Jan 11th's proceedings , Is this possible ???
but If not it may be viewable on your pc at : )

more from Frackfree....
The N.C. Dept. of Environment and Natural Resources (!) just very helpfully gave us the exact statue in the NC State Code:
We also see that apparently the bill passed leaves in the ability of town and county governments to restrict or ban fracking in their jurisdictions - if we read that correctly...


(a) The director shall not issue a permit for the drilling, deepening or plugging back of any well for the production of oil or gas unless the proposed well location and spacing conform to the rules of the department. These Rules do not apply to wells drilled for geological information, stratigraphic testing, fluid injection or disposal or storage of natural hydrocarbons.

(b) Upon completion of a discovery well within a new pool or reservoir, the department shall consider and adopt after public hearing, temporary well spacing and drilling units. The rule shall be designed to result in drilling the smallest number of wells necessary to determine within the shortest possible time, all information pertaining to the reservoir and its contained fluids, in order to determine the proper permanent plan of drilling wells on, and allocating production to the various separate leaseholds within the reservoir. When such information has been obtained and after public hearing, the department shall adopt permanent rules including:

(1) minimum size unit on which one well may be drilled,

(2) method of determining total allowable for the pool,

(3) method of allocating and distributing total allowable among various separate leaseholds on pooled units so that correlative rights and equity will be protected,

(4) minimum distance from separate leasehold or pooled unit and between wells to the same reservoir.

(c) An exception to the general rules or special rules may be granted by the director upon application and after public hearing, if it is shown that more hydrocarbons can be recovered under the lease‑hold by such exceptions. The exceptions may be granted because of:

(1) topographical conditions, both natural and manmade;

(2) geologic conditions, faults, etc.;

(3) other conditions accepted as pertinent by the director.

(d) The allowable of such off pattern wells may be adjusted to protect the correlative rights of offset operators and land owners and to conserve the resource.

(e) When separately owned tracts are embraced within a single drilling unit, the involved persons may pool their interests or in the absence of voluntary pooling, the director, for the prevention of waste or to avoid drilling unnecessary wells, may order pooling of all interests. Each such pooling order shall be made after a public hearing held by the director which shall determine the following:

(1) equitable share of oil or gas in the pool for each owner,

(2) operator of pooled interest,

(3) drilling and operating costs and provision for equitable distribution of the costs among owners,

(4) penalty allowable of any owner who refused to pay his share accordingly.

History Note: Authority G.S. 113‑391; Eff. February 1, 1976;Amended Eff. October 1, 1984.

Frackfree found another link of a summary ...

There is also a requirement for a specific Committee on Mining within the Mining and Energy Commission. This committee is given exclusive authority over issues related to the mining industry in North Carolina.
The commission, in conjunction with DENR, the Department of Transportation, and others, is required to identify levels and sources of funding to support local governments affected by fracking, infrastructure impacts due to the industry, and means of administering an oil and gas regulatory program.
Along with the North Carolina League of Municipalities and the North Carolina Association of County Commissioners, the commission is required to examine the issue of local government involvement in the regulation of gas exploration and development.
The commission, in conjunction with DENR and the Consumer Protection Division of the North Carolina Department of Justice, is also required to study the issue of forced pooling in North Carolina.
learn more here

to learn Who Ray C. is go here

and here

If You know any info to share on Forced Pooling please share here or the Facebook page ...button at right !
Thanks for stopping by and please help us spread the word.

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