Need Dept of Enviromental Protection contact

CNX is drilling and stating they own a parcel of land that my family/heirs have title to. We are not receiving royalties because they said they owned rights. Wehave provided them proof that we still hold title to the land. My question is Can the Dept of Enviromental Protection give us a record of production from these wells for my family/heirs have not been receiving royalties. 1) Is this common?; 2) telephone number or contact info for DEP or whomever would have info that we need would be helpful.

Maybe one of these fellas could point you in a direction?:

BASS, THOMAS L
601 57Th Street, Se
Charleston WV 25304
Email: [email protected]
Work Schedule: MON-FRI 8 AM TO 4 PM
Title: Environmental Resources Program Mana
Work Unit: Permitting
Division/Office: Office of Oil and Gas
Phone: 304-926-0499 EXT: 1274 Fax: 304-926-0452
Room: 2070

BELCHER, DAVID J
601 57Th St
Charleston WV 25304
Email: [email protected]
Work Schedule: MON - FRI 8:00AM TO 4:00PM
Title: Assistant Chief - Office of Oil and Gas
Work Unit: Inspection And Enforcement
Division/Office: Office of Oil and Gas
Phone: 304-926-0499 EXT: 1647 Fax: 304-926-0452
Room: 2024

From: http://www.dep.wv.gov/Documents/employeeaddress.pdf

The production is reported by the operator of the well in the year following production. Anything produced in 2013 must be reported by the end of March 2014, and must be recorded in the database by August 2014. I am not sure the contact there, but I don't think you are entitled to get the information any earlier than the public when posted on the website. I have tried, unsuccessfully. Maybe you'll have better luck.

You might get some help from the State Tax Department.

http://www.state.wv.us/taxrev/publications/propertyTax/specialPropertiesSection.pdf

If the link works, it gets you to the section that deals with oil and gas royalty amounts. The producer (oil and gas company) reports what is paid, per well, for each royalty owner, to this department. You could inquire of this department, if they have recommendations. You might need some assistance from an attorney. This is reported somewhat late; what was reported in 2013 will be for production from 2012, and will be used to produce the assessment for the county property taxes that come out in July 2014. Maybe not helpful yet, but the department might be able to give you some ideas.

What does the county assessor's office say about this? Who has been paying property taxes on this royalty interest? Does your family also own surface rights?

Do you have an API number for the well(s) involved?

In my opinion (which can't even get you a phone call with a quarter, these days), any public permitting agency worth its salt should be required to obtain and to make available information as basic as whether a well is being drilled, whether it has already been drilled, or whether it is already in production. That is basic enough that it should be public information immediately. Without it, citizens have no way to even begin to know what is going on, especially in the era of horizontal drilling in which property can be reached from a distance away. Antiquated record-keeping methods need to be updated for the era in which we live. It is to the drillers' advantage to keep the public in the dark. There is no reason for the DEP to join in that endeavor. They should work for the public interest, not in the drillers' best interests. Public agencies are there to lift the veil of secrecy, not to construct one.

JNK: Yes to what you wrote!

You do good work here, Ms. Mosley. Thanks for doing it. I have learned from you.

I wouldn't think the DEP would/could do anything useful. You need a lawyer/title search. You can search production online. Here is a link if the well has been in production for a while. Can't tell from your comment.

https://apps.dep.wv.gov/oog/wellsearch_new.cfm

Thanks! you too! Also to Jim White. Thanks for that link.

jnk said:

You do good work here, Ms. Mosley. Thanks for doing it. I have learned from you.

Agree with jnk....thanks Nancy

You might be happy to know that the drillers are required to supply as-drilled information to the DEP as of July 2013. This according to a conversation I had with someone at the DEP a couple months ago.

It's not everything you mentioned, but it's a start.


jnk said:

In my opinion (which can't even get you a phone call with a quarter, these days), any public permitting agency worth its salt should be required to obtain and to make available information as basic as whether a well is being drilled, whether it has already been drilled, or whether it is already in production. That is basic enough that it should be public information immediately. Without it, citizens have no way to even begin to know what is going on, especially in the era of horizontal drilling in which property can be reached from a distance away. Antiquated record-keeping methods need to be updated for the era in which we live. It is to the drillers' advantage to keep the public in the dark. There is no reason for the DEP to join in that endeavor. They should work for the public interest, not in the drillers' best interests. Public agencies are there to lift the veil of secrecy, not to construct one.

I have a landman who can do the research for you, and if need be, I can be the threatening attorney who gets CNX to wake up and pay attention to you. On the other points you need help with, others have given most excellent advice. We've got some real sharp and well educated people on this forum.

Kyle, would you explain what "as- drilled" means ? What information does that include? and what is the time frame?

Since I read this after a few comments, i want to ask a couple questions that may be somewhat more clear than i read. Joan, do you own the surface and mineral rights to this property? Reason I ask is CNX says they own the rights which I would assume they mean mineral rights. Could you clarify what your family owns on this parcel for us? Thanks

Mr. Robinson,

The well will sometimes (probably more often than not, actually) not be drilled exactly as depicted on the Well Work Permit filed with the State. There can be quite a few reasons for this, such as geology, finances, broken tools, bad surveying, and human error in all its forms. The companies are now required to file something with the state showing what the well looks like after completion. I'm not sure why this wasn't a requirement all along.

My family/heirs own mineral rights on a 222 acre tract in Doddridge...several years ago we were fed up and quit paying taxes. Earlier this year, we paid back taxes and have documents to show we redeemed this property. CNX has active wells on this property but telling us via phone that we do not own mineral rights and they are leasing from someone else. (I was incorrect in my earlier statement that they said they owned rights.) Some of the heirs we think have "died out" for lack of a better term so could it be possible that this "someone else" bought their rights. We want to pursue this matter. We have the assessor account #, parcel/subparcel #. Is this enough information to find out what wells are on this property and how much they are producing annually and to whom the royalties are being paid? We are receiving no royalties. Someone mentioned API #...what is that and how can we get this number and will it be useful in identifying the property/wells.

The "someone else" could have bought at least some of the rights at a tax sale from some of those relatives who died out.

The assessor's office should be able to tell you the current status of your ownership of the property, to clarify that you have redeemed the property AND THAT THE ASSESSOR'S OFFICE RECORDED THAT CORRECTLY. Then, if they are saying that you own this, ask what well or wells they have listed as being on the property. Do you know where this is? I guess you do not have surface rights.

Do you know how long ago your ancestor bought the property?

There is not an answer anyone can give you on this, because those involved have different stories. Nancy is giving the best way to get to the bottom of your situation. When the taxes were not paid, that opens up a different problem. Did someone else obtain the minerals by sale or somehow?? Since you paid the back taxes, were the documents showing your ownership filed properly in this case? For CNX to have active wells and if they were drilled in recent times, they would have had a lease. The courthouse holds the key. Get all your records and spend some time at the courthouse.

Do you know any of your family or heirs who are getting a royalty check from this property? Remember, no matter who is an heir. If your mother/father who was getting a royalty check, passes away, you must contact the company to get the royalty checks sent to you.

I was mistaken in my original comment...CNX does have active wells on this 222-acre track but state they are leasing from another property. We have proof of out ownership of this property but are NOT receiving any royalties. This property is/was? owned by my grandfather's heirs. We think that we own 1/8 or 1/32 of mineral rights. Is it possible that some of the other heirs have defaulted and the person/persons CNX is referring to bought their portion? If this is true, shouldn't we still be getting our portion?

Joan, the first thing I would do, I think, is to call the Assessor's office and ask what their records show. You said you had gotten it straightened out about the back taxes. If their records show that you are the owner, find out how much (1/8? 1/32? or what) their records show. Then ask if they have any wells with production listed as being on your tract.

Is it possible for you to go to the courthouse in Doddridge County? I think this needs to be checked into, see what the lease says, see what the deed says (I guess your grandfather bought it or inherited it).

Will CNX tell you the lease book number and page number for this lease? Then you could get a copy of it. Perhaps they could give you API numbers for the wells that you say are on the property.

Thank you so much everyone!!! We live out of state and want to come to Doddridge but will be after holidays for sure!