Can i make energy company provide gate control?

Surface Owner Issues
1

I own property in Weld County, CO. I know in south Texas, most drilling sites have gate control to keep track of who comes on/off their land. Who's responsible for the costs of those attendants and gates/fencing. I'm concerned about damage to the rest of my land and who's on my land.

Stephen

2

Dear Mr Collins,

The best place to address that concern is at the time of execution of the lease, if you own the surface as well. Many companies have a gate guard as a routine matter.

If you own surface and no minerals, then perhaps you can negotiate that provision into your surface use agreement.

3

Stephen:

The only gate controls that I am familiar with is either locked gate or electric gate with keypad access. Keep in mind, in the locked gate scenerio, if utility companies have property on your land, they will have to have access. In most cases, the electric gate entrances apply to the properties where commercial salt water disposals are located. It is not uncommon to find numerous gates with multiple locks as each everyone who has a reason to enter the property places a lock on the gate. What Buddy says is correct about addressing this in the lease but the utility companies must have access if applicable.

4

Thanks Charles,

However, in Eagle ford shale they have a retired couple that stays in their RV and attends the gate. They record who's coming on and off the property. Why doesn't anyone up here in Weld county require gate attendants? Do they not care who's on their land? And I've heard of other energy companies sending out reps to other drilling sites to ask whether the well is producing, etc. It seems they would want to keep their progress quiet.

Thanks

charles s mallory said:

Stephen:

The only gate controls that I am familiar with is either locked gate or electric gate with keypad access. Keep in mind, in the locked gate scenerio, if utility companies have property on your land, they will have to have access. In most cases, the electric gate entrances apply to the properties where commercial salt water disposals are located. It is not uncommon to find numerous gates with multiple locks as each everyone who has a reason to enter the property places a lock on the gate. What Buddy says is correct about addressing this in the lease but the utility companies must have access if applicable.

5

Stephen:

Are you referring to gate control on a new drill site or after the well has been drilled? Even in the event of a new drill, most locations that I have entered has no control at the lease entrance unless the well is H2S in nature and rules are set forth regarding the control areas on this type lease. I am referring to leases in the East Texas area and these H2S rules are set forth by the RRC. I have seen signs requesting that anyone entering the lease to check in at the office but no actual person attending the gate.

6

In south Texas, they could easily be guarding a central processing facility, rather than a wellhead. I thought that you were referring to a gate guard during drilling and completion operations.

Buddy