Saltwater Disposal Well Permit on My Land Without My Knowledge

Texas Mineral Rights Ward County, TX
1

I have never seen this issue in the Discussion Subjects and value the opinions so generously shared here by Ward Co. Mineral Rights Group Members.

I found out, quite by accident , that a Permit for a Saltwater Disposal Well on my Land was applied for in May (!) without my knowledge or consent. I learned this interesting fact in mid-October, about 3 weeks ago. Have only just been able to address this issue and would welcome any Fellow Mineral/Surface Owner's Opinions.

This brings many questions:

  • 1. How is it Possible that a Permit for a Saltwater Disposal Well can be planned and filed for placement on My Land while I retain Both Surface and Mineral Rights Without My Knowledge/Permission? A lease is indeed in place, BUT it is for Exploration Only and due to expire soon. (Land is jointly owned by others, but all owners are in a percentage basis.)
  • 2. How will a Saltwater Disposal Well affect the values of both the Surface & Minerals as well as taxes?
  • 3. Can this have EPA consequences for me as an owner? Have heard that some of the surrounding land has and is being used as farmland. (?)
  • 4. O&G Professional who informed me of the above Proposed Permit and S/W Disposal Well was adamant that if this has indeed happened, there would be some money/skim oil royalties involved - for me and all joint owners.
  • 5, Can the existence of a Saltwater Disposal Well have a negative impact for possible future drilling wells, either on my property or horizontal drilling regarding minerals?

Any input from my more knowledgeable Fellow Owners would be,as always, Greatly Appreciated.

Wishing Y'all a Good Weekend/Week-

Anne Marie Greene Whatley

2

Without knowing the details of your lease agreement, I suggest going back and review the document to make sure there are not provisions that may have been overlooked allowing for the placement of saltwater injection. Get yourself a good O&G attorney to cover your bases in the event the operator has done something outside the terms of the lease agreement.

In regards to the EPA, your lease agreement may provide you protection if there are indemnity clauses addressing environmental issues. Check your lease agreement to see if you have some protections. To date, I am not aware of lease owners being targeted by the EPA in the State of Texas. Most likely the EPA would go after the operators and not the lease owners in the event of environmental issues arise since they have deeper pockets.