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Permalink Reply by ur dern tootin' on July 1, 2010 at 6:22

P.G., a good question. This law is provided in R.S. 30:28. Here is how it goes- To drill a well the applicant submits an application to the Commissioner of Conservation, including a certified well location plat. The Commissioner notices whether there are any residential or commercial structures not owned by the applicant located within 500-feet of the proposed drilling site. (The 500-foot rule only applies to wells to be drilled deeper than 10,000 feet, which certainly applies to the HA wells). If so, the Commissioner notifies the owner of such structure and provides ten days for such owner to request a hearing on the matter. If a hearing is held, the Commissioner decides whether to issue the permit, or deny, based on testimony at the hearing. If no hearing is requested, none is held, and the Drilling Permit is normally issued. The owner of the residential or commercial structure may give permission for the well to be drilled, as proposed. The law does not address subsequent construction of a dwelling within 500-feet of the existing well. And finally, yes, any owner of a residential or commercial structure would be afforded the opportunity for a hearing as described above, regardless of whose property the well is proposed to be drilled. Hope this helps.

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Permalink Reply by P.G. on July 1, 2010 at 6:36

Thanks for your explanation.
My concern is if a HA well is drilled on an adjacent property (not yours), would that be considered an encroachment on your property, (the portion within the 500 ft radius) considering the 500 foot limitation?
If so, it would limit your use of your property.

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Permalink Reply by ur dern tootin' on July 1, 2010 at 6:41

No. R.S. 30:28 only relates to the distance between a well and a residential or commercial structure. "Property lines" are not considered.

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Permalink Reply by Skip Peel - Mineral Consultant on July 1, 2010 at 6:43

The set back requirement is applicable regardless of whether the well surface location is off tract or not. The setback is 500' for inhabited dwellings and 300' for non-inhabited. They must be 500' from your house or business but only 300' from a barn or out-building.

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Permalink Reply by P.G. on July 1, 2010 at 8:56

That setback requirement being when considering placement of the well, I would assume the same for a land owner thinking of building a structure near an existing well.
The reason I mention property lines is that since the owner of the property with the well site likely got compensated for the well site. It would seem only fair the adjacent property owner should be compensated should that well's location restrict the use of his property.

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Permalink Reply by ur dern tootin' on July 1, 2010 at 8:59

No, the R.S. 30:28 statute does not place restrictions on building structures after the well is drilled.

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Permalink Reply by P.G. on July 1, 2010 at 9:05

Okay, that's what I was concerned about..

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Permalink Reply by Dixie on July 7, 2012 at 23:44

How far would the set back location of a NG well have to be from a private land owner's water well? Our water well is located at the old homeplace (the old house was recently torn down) and our residence is actually a little farther away from there. Surveyors have marked off a location in an adjoining section and I am not yet sure how far the well location is from our water well.

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