We're about to have our McMullen County and Live Oak County ranch drilled and fracked. That is truly exciting and welcomed news, but what should we now watch out for during the actual drilling and fracking process towards protecting the present (and future) value of our surface ranch property? Any tips would be much welcomed.
Hopefully you will have negotiated a good Surface Use Agreement that will govern how the surface is impacted. That will govern. If you do not have either a separate agreement or tight terms in your lease itself, you may not have very good remedies for negligent surface damage caused by the process. The Texas Railroad Commission and the TCEQ (EPA) may offer some protection if you see major issues start to happen.
Virginia Moore
[Not to be construed as legal advice or to create an attorney-client relationship]