Recently purchased a lot (2 ac) it has a working pump jack and a produced water tank, oil tank and heater element for seperation I suppose. I own no mineral rights. Few questions:
1. When I fence do I have to also put in a gate?
2. Do I have any right to the Salt Water Disposal/separation tanks?
3. Being only 2 acres, what is to stop them from putting up additional tanks, wouldnt take long to fill up 2 acres.
Appreciate any insight or experience anyone may have.
Casey.
Casey:
If you fence the area, operator must have access to the equipment (locks, etc.). Make sure the gate is wide enough for trucks to enter, may want to coordinate with the operator. In some instances, I have know the operator to absorb some if not all the cost of the fencing and other items (cattle guards, etc.). I would say that you should have access to the surface area. If the operator has pollution on the area, you could report this to the company pumper or the RRC for inspection purposes. Don't know if you have any authority in regards to the amount of equipment on location. Best advice is to read the lease and go from there. You can always discuss your opinion with the operator as some will work with the surface owner in a favorable way.
Do you have a copy of the lease - and if so, what does it say about surface use? Besides the lease, sometimes a Surface Use Agreement is filed with the County Clerk's (recorder) office. Does one exist for your property?
http://agrilife.org/texasaglaw/2013/08/19/surface-owners-beware/
http://www.gohaynesvilleshale.com/profiles/blogs/limitations-on-the-mineral
http://www.gdhm.com/images/pdf/ncm-saltwater-disposal-well-leasing-sep_2013_cle-paper-final.pdf
Is the disposal well only for the lease your property is part of? Or are they disposing of waste water from other leases there (commercial disposal operation)?
Does the oil and gas lease for your minerals prohibit or have special provisions for disposal wells?
Do not have it yet!