WV Farm Bureau Magazine January 2014 | Page 23

           otherwise modify the common law doctrine of riparian rights in West Virginia law Require that an erosion and sediment control plan, meeting the requirements of the most current WV Erosion and Sediment Control Manual, accompany each application for a well work permit of 1 acre or more. The erosion sediment control plan should be designed and implemented to meet the NPDES permit requirements for commercial land disturbance (i.e., shopping center, residential development, commercial development). The plan will be prepared by a Professional Engineer certified in E&S control practices (vegetation). That any landowner negotiated surface disturbance agreements exceed S&E regulations and that DEP be required to enforce those agreements Language requiring the operator to submit certification from the DOH to the DEP secretary that the operator has entered into a road maintenance agreement with the DOH Fee structure for new permits, permit renewals and permit modifications sufficient to provide for adequate inspection and fulfillment of new rules governing oil and gas exploration Compensation for pasture and crops loss Return soil and nutrients to at least the previous level of production potential Replenish water sources in both quantity and quality Replace, maintain and/or repair fences and roads throughout the operation Provide free gas to surface owners or equivalent compensation Nuisance payment/inconvenience fee Compensation for pipelines and other structures The collection of revenue of 1/10th of 1% from the extraction company of gas and oil revenue from a well will be directed to a closeout/reclamation fund NATURAL GAS ROYALTY DISTRIBUTION Farm Bureau recommends that a royalty for all gas and constituents thereof, including all liquid, solid or gaseous substances produced and saved from any formations on the owners royalty, an amount equal to at least one-eighth (1/8) gross/without deductions of the price be received from the sale of such gas and constituents thereof. Payment of royalty for gas produced and marketed during any calendar month is to be made within ninety (90) days from the end of the month of production. Gas royalty shall not be less than one-eighth (1/8) gross/without deductions for the month such gas is produced. All gas and constituents produced shall be measured by a meter set at the wellhead and the royalty shall be paid on the volume of gas and constituents measured accurately at that point. If royalty payments are less than $25, they will be paid annually. THEFT OF OIL, GAS, COAL Because there have been and continue to be thefts of significant amounts of oil, gas and coal, and since these thefts have not been considered criminal actions, those whose resources were stolen are forced to seek redress in civil court against individuals and firms with significant resources, thus making recovery difficult if not impossible. Farm Bureau requests that the WV Legislature enact legislation specifying that the theft of oil, gas, or coal be crimes and that the same financial guidelines be used to determine the amounts that would make the crimes misdemeanors or felonies. ABANDONED PIPELINE RIGHTS-OFWAY Land rights-of-way for pipelines and any other public or private utilities abandoned for two or more years shall revert to the surface landowner. Removal of abandoned equipment and material must be the responsibility of the utility or company of ownership. The landowner shall not be held liable for any damages or pollution caused from this abandoned equipment or material. LAND USE PLANNING WV 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 West Virginia Farm Bureau News 23