“Could there be the possibility of a Class Action Lawsuit against OCC and/or Devon? This possibly affects numerous mineral/royalty owners in Oklahoma”.
Clint Liles
I like Clint’s idea of a class action and it would be a way of banding together. Is it even possible? Martha or Virginia, what say you? I see it as a matter of justice and equity. By their widespread commingling practices the OC’s are depriving mineral rights owners their due!
I know, the OCC has a lot of political influence in the State but even if such a suit were to get shot down initially—On Appeal or even trying to have it heard on a Federal level might be the key to success. Hey, if the OC’s are doing this in OK they’ve got to be doing it in other states as well----It could be made a Federal class action case for that reason alone, I would think.
This is the Mineral Rights Forum (For all of the US, yes) right. Can we start a forum wide petition to see if those in others States are having the same problem and would want to get involved—Then go from there. Or, would this in some way violate any of the Forums rules?
If it’s possible, I do think this is the way to go----Why not, Big Oil vs “We the People”!!! Something like this could even make it’s way to the Supreme Court if it were that big and it is, I think!
They want us to battle it out in court where the party with the most money wins. A class action suit most likely will not be allowed and we will have to prove our cases well by well, because OCC does not regulate oil pipelines where our oil is ‘joined’. I’ve been singin’ these oil field blues all my life. Sometimes I feel like a motherless child.
To file a complaint, you can call the DEQ Environmental Complaints Hotline, at (800)522-0206. Or, if you would like to file an environmental complaint electronically, you can use the online form to e-mail a complaint to DEQ. http://www.deq.state.ok.us/ECLSnew/Complaints/onlncmpl.htm
The attorney that was recommended by the NARO folks was Tim Stowers out of Norman Ok. He does class action and specializes in petroleum issues. [email protected] or [email protected]
This issue and rip off potential is just going to get worse. Right now, they are trucking the oil off site with trucks. As soon as they start pumping the oil down their oil pipeline, our API gravities will be mixed with every well in their system. I am guessing they will send it to cushing after that. They are building a large collection site just west of Mulhall with a very large tank. If I knew what I know now, I would have never allowed them to put a multi well site on my land. That is one thing we do have control of. Devon can force you to allow a single well pad on a section or unit, but they cannot force you to allow wells producing other sections. For those not approached yet for a mult-well pad, be advised.
Robert, Maybe you could call Tim Stowers and ask him if he thinks we have a class action suit. If an attorney can help us prove ‘waste’ it will trigger the OCC’s duty to prevent it and we need to get the OCC involved, because there is no Oklahoma case law defining this issue.
Economic Waste (Prevent) - Requisite provision of 52 O.S. 87.1 which is part of what the Oklahoma Corporation Commission is charged with doing –preventing economic waste. (not leaving gas or oil in the
ground)(authorizing drilling to “capture” oil and gas).
Remediation - A process or application whereby perceived of or complained of violations of OCC Rules or environmental issues are dealt with, to clean up or eliminate the "problem.
A Class Action Suit would be the way to go IF the attorneys didn’t end up being awarded all of the winnings! Folks this is a case for the RICO ACT (google it) and then, all of the mineral owners are guaranteed (along with the attorneys involved) their fair share of any award, punitive and compensatory! The only problem with this is being able to find a good trial attorney who knows the RICO laws and knows how to force the judge to rule by the laws that Congress enacted for this!! They’re out there, but it would take time because, there’s a lot of lawyers who wouldn’t be able to handle it! Not knocking attorneys, just a fact! Roberts right though, we need to all work at “building the case”, first with our complaints that in all probability go right into the shredder!!
Logan: Devon Energy Production Co. LP; Lil Jake 23-18N-3W No. 1WH Well; NE1/4 SE1/4 SE1/4 SE1/4 (SL) of 15-18N-03W; 188 barrels oil per day, 234,000 cu-ft gas per day; TD 10,623.
Divide and conquer is min owners only possibility, and I believe the chances are slim to none. No class action would ever do anything. The onlyiest way to get to the heart of the problem is the Trojan Horse approach, you must, must MUST get inside of the inner shield of the petroleum industry any way you can, and then it would take years to find the data you need, they will have bought you off, too. Or you might find yourself floatind down the inside circumference of the Keystone Pipeline. Me? I can still afford gas for my Kia Sportage which I love to drive, and my Grandfathers oil, and other minerals if there are any, are his, not mine, just send the royalties to Heaven or do what Grandmother probably wanted to do, give it all to the Church of God in AC Ks. Praise Jesus, we still have our cars to drive, and I hope Phillip 66 keeps providing us with the fuel to drive them with.
Thanks to those who responded earlier to my issue of Riparian Rights and Railroad issues.
Martha, I did contact BLM and they were extremely helpful, so thank you. My error, the lease is with Devon. The BLM survey on the river lots of the Cimarron River was last done in 1873. Devon tells me they have done a survey using Topographic Land Survey company. Devon does not share the survey. They will do another survey in the process they said. Here is my issue: The lot next to me is now completely under water and I understand that mineral owners in Lot 8 would have rights to Lot 9 which avulsion has taken the toll. Also, by looking at maps, I have indeed gained some land due to the meandering of the river. Anyone recommend to me the next step??? I am not afraid to get a survey or hire an attorney, if need be. I want all of this right and accurate for now and the future generations who receive my minerals… Feel free to advise me…
And, who determines whether the Cimarron River is navigable or non-navigable? I will be contacting a friend at OWRB tomorrow. Also, if anyone has any case law, Oklahoma statute references or any other information to help me, I appreciate it.
Robert, This is the monthly oil production reporting form an operator has to file with the OTC. Print it out and take a look at the requirements. Maybe OTC should be involved.
Martha I have a question about leases. If the operator is not following the lease, for example they are supposed to pay the royalty owners for all the oil from the mouth of the well etc. and they are not, is there case law that establishes a “right,” to a fair accounting? Is there case law where the mineral owner has a right to the production data from the well, (not what they are reporting but to the actual meter data) to verify fair accounting?
Robert, Below is the tax reporting receipt for (LACT) Lease Automatic Custody Transfer See article in mineralweb link. The field run tickets and the LACT have to be filed with the OTC. http://www.tax.ok.gov/btforms/STS20015.pdf
Logan: Devon Energy Production Co. LP; BJ 20-18N-3W No. 2WH Well; NE1/4 NE1/4 NE1/4 NE1/4 (SL) of 20-18N-03W; 212 barrels oil per day, 809,000 cu-ft gas per day; TD 10,940
Is all that comes out at the3 mouth of the well necessirily “oil?” I have my doubts, and can not see how any metering at the mouth would be a realistic figure of how much oil there is. Where, then would the operators arrive at any rock firm figure of how much oil thee are selling, and how much oil the buyer is purchasing, etc? I don’t see how it can possibly be done at the mouth of the well.
Re: Section 8, Township 18N, Range 3W, SE/4. Devon has drilled one well in this area last year. I wonder if any more will possibly be drilled. All the other wells in this area by other companies have been plugged a long time ago. The one drilled by Devon is the only one active. Or does it appear the production is not good enough for them to drill any more?