My next door neighbor's water well went out this week and we discovered the pump was up out of the water which caused it to burn the pump up. They had to replace the pump and drop it down 75 feet, in all costing her $1500.00 to fix it. The well has been there for 18 years with no problem. Now, they just also drilled 4-6 new water wells up the road for the gas well this week. Can anyone tell me if this is not connected? She is a widow and had no money to fix it and had to go borrow the money. I cannot believe this is not from those 4-6 wells drilled to frac the well, tell me if I am on the wrong path with this.
I doubt if all things must be in writing! Walmart has signs in the parking lot saying they are not responsible for damage to your car caused by their shopping cart but they still are. You can't hang a sign on the front of your car saying you won't be responsible for any damage the front of your car may cause and then claim you aren't liable!
If you rear end a car and cause damage, you'd be liable even though you didn't have some kind of previous agreement with the owner of the car you hit stating you'd be liable if you hit him. If a surgeon makes you sign an agreement that if he removes the wrong leg he is not liable, he still is liable. Some liabilities can't be avoided with agreements or lack of agreements. Now if that woman had signed an agreement, and agreeing with the O&G that says she will be losing her water when they drilled their wells, that would be different.
I would think it would be up to the O&G companies to take due care to not cause damage to others unless they had permission to do so. Did her agreement with the drillers say they could run her water well dry and that would be ok with her? If not, I'd be sending them the bill!
Not sure about your question but I don't see how anyone would give up rights without agreeing to do so. Unless I have misunderstood, In the case of the woman who's well was damaged, it wasn't mentioned she gave the drillers the ok to run her well dry! I don't know why she would need their agreement to pay damages if they caused them. People are held liable for negligence all the time.
My you are so wise. I am so sorry if my comment irritated you, that was not my intention. Please forgive me. I dont know what I will do if I make people on the forum upset with me. I may do something stupid like sign a lease without reading it.....LOL. If you belong to a coalition then why do comments like mine irritate you? When you have an acre like I do, then I believe the best way is through a coalition because I want certain clauses in my contract to protect my family and my property; the gas company could give a hoot, they will want me to sign a standard contract. So, I will be sticking together with my neighbors, thank you!
No sense in crying over spilled water, the 1,500.00 may or may not be recovered depending on how the issue is addressed.
What really concerns me is that "its not really over yet" and that the situation could get worse for her and others like her.
It is time to move to prevent the operators from running all over you guys like a schoolyard bully...and those of you non-consenting or unleased, etc. I don't know what to say about your 'rights' (perhaps the federal government will step in and 'help' like they have in the past).
It may be a good idea to have well water tested before drilling operations start and have it tested at intervals in your area. Some day if certain chemicals show up it will be a grounds for proving where it came from and it may save you and you families lives down the road.
If it has not been tested prior than I am sure you will hear a story about it was there way before the drilling started.
Is there anyone that can do these TMDL and other contaminent testing locally?
I know that DEQ and USGS pick site to monitor for their reports,etc. Testing procedures and the equipment needed impede DIY action, so hiring a lab tech service co that specializes in enviro WQS monitoring and testing for chronic and acute toxicity is the way to go.
The study cited was from 2005, really not that old. I'd say if that study can demonstrate that the aquifer can't tolerate the strain, go with it.
I also wondered why a closed meeting, but the media was allowed, sans the audio. I wonder if there are minutes, if they'll be published or available under FOI. I personally don't think there should be any closed meetings for gov't. entities, with the exception of employee matters and pending lawsuits. This was neither.
That 2005 study should be available somewhere online. Gone fishing! :)
As exciting as this is, we know that we have a responsibility to do this thing correctly. After all, we want the farm to remain a place where the family can gather for another 80 years and beyond. This site was born out of these desires. Before we started this site, googling "shale' brought up little information. Certainly nothing that was useful as we negotiated a lease. Read More