West Virginia surface owners should consider the following tips.
If everything goes according to plan you won't need this advice, but things don't always go according to plan. Oil and gas businesses are run by human beings, and if there's one thing we humans do, it's make a mess of things. Better safe than sorry, right?
#1 Get Water Samples From Every Source
Get a water sample from every water source on your property. Get samples from your neighbors, too, if you can. One of the reasons there is still a huge controversy around hydraulic fracturing is that very few people have been able to prove what their water was like before fracing started. Everybody thinks it can't happen to them, or that they'll do it when the rig shows up. The problem with waiting until the rig shows up is that the horizontal legs on these wells are often a mile long - you might not ever know the rig was there.
The best way to do this is to get a testing company to take the sample for you. If, like most, you can't afford that, then you'll have to get creative. The important thing here is to make sure you can admit your sample in court. You'll want to be able to prove to a judge that you got the sample where you said you got it, on the date you said you got it, and that it hasn't been tampered with in any way since then. You could get a couple neighbors to come along and take video and pictures of the process. If you tell them you're doing this so you can stick it to the oil and gas company, you shouldn't have too much trouble finding friends.
Milk jugs won't do for this kind of thing. They decompose too quickly. A fresh plastic two-liter pop bottle or juice bottle might work if you could get it really clean. A Mason jar would probably be better since it's glass and won't decompose, but you'd have to be careful not to break it. The best would probably be a gas can. It's hard to break and definitely won't decompose when exposed to water. But really, any container can work as long as it won't break and won't decompose.
You'll have to find a way of proving that the sample hasn't been tampered with after you collect it. You could paste that day's newspaper to the container in a way that you can't remove the lid without ruining the paper. You could maybe even do like they did in the old days with letters and drip melted wax on the opening.
You'll also have to store it someplace safe. Cool, dark, and undisturbed are the things to look for here. The fridge, the freezer, a root cellar, or wherever you bury your money should work. Or you could give it to your attorney for safe keeping.
#2: Take Pictures Of Your Property Before Oil & Gas Development
Spend a hundred bucks on a decent camera. You can look at that money spent as if it were an insurance policy. If nothing goes wrong, well, at least you were covered. And hey, you've got a camera now.
Take pictures of your property before any work starts. When the bulldozers show up, take more pictures. When the rig shows up, take pictures. When the water trucks show up, take pictures. Take as many pictures as you can. Take pictures of everything from every angle. When something goes wrong you'll have photographic evidence. You might not even have to go to court if you have the right pictures.
#3 Record Oil & Gas Dealings In One Place
Record all your dealings with the oil and gas company in a journal or blog. The more you document, the easier it will be to deal with the company in the long run. Write down the date and time, who you talked to, and what they said. Write down what they did. Write down what you said and did. Record everything!
Oh, and make sure they know you're keeping records and taking pictures. When we humans know we're being scrutinized we are less likely to be lazy, cut corners, and forget things.
Luck favors the prepared.
Kyle Nuttall
Mr. Nuttall is a former landman and practicing lawyer in the State of West Virginia. You can view his web site at www.nuttalllegal.com