Just recently discovered that my well that is HBP has neighbors well running into mine, I smelled gas, called well operator 2 wks ago and no results, found leak in line feeding my well from neighbors well it is leaking and bubbling in creek as I type. I think shallow well operator of both wells is feeding my well to hold by production. My well was drilled in 1940's and is in disrepair. How do I go about determining if my well is even producing if there are no production reports with the D.E.P yet I still get gas, I use to get a small royalty but haven't received one in over a yr. Can I file for affidavit of non production or do I need proof that well is not producing and if so how do I prove it?
I have some suggestions.
If there is a gas leak I would call emergency services, fire department to see what they have to say, because gas leaks are dangerous, document everything. Video everything. The fire dept. will probably have to find out where to turn the gas off.
Once turned off, the operator may not think it worthwhile to repair the pipeline. But I think they would have to do something or grounds for lease termination could result, provable lack of production and so on. If you couldn't prove lack of production before, with the pipeline shut down, it might get a lot easier. If the line gas one leak, it could have several and I would think that the line would have to undergo some certification that it holds pressure, but I won't swear to it, someone else might chime in on this.
Take water samples definitely, call the EPA if it seems warranted, your creek may need cleaning up, if you have livestock that drink that water they may have been effected. Most things that are wrong happen out of general view and there isn't much that can be done until you bring them to light and make them public knowledge.
You say you just discovered that your neighbors well runs into yours. Do you have a pipeline easement agreement in the lease or a separate agreement?
Read your lease to see if there is anything that might explain a lack of royalty payment.
I am assuming that you are smelling gas, that it is more than just a few bubbles, I generally note blackened vegetation around a gas leak on dry land which may or may not be present around your creek.
Good point about proving a lack of production. Just because they are not paying you does not prove the well is not producing. An operator not reporting production, is probably the matter of a fine, but it wouldn't get the operator in much trouble, and would not be proof of a lack of production other than, maybe collaterally. You might look at your lease to see if it could be cancelled for non-payment of royalty / late payment of shut in royalty, if they should claim that the well is shut in.
Duke, all of this could lead to drama in your life. I'm not fond of drama but sometimes it's unavoidable. At the very least I would get someone other than the operator to come out an look at that leak. In my experience leaks generally get bigger and not smaller over time and the operator may not feel the need to deal with it this year.
I hope this may be of some help and I wish you the best of luck.