Replies to This Discussion

landownerPermalink Reply by Varice Mire on March 26, 2010 at 9:09

I'm not a legal expert by any means, but I think the release clause is there to keep a landowner from filing suit against Encana in case the Lousiana DEQ contacts the landowner with bad news about their water well due to Encana's requiment to give the sample test results to the DEQ. The problem I would have with that release clause is it would shield Encana even if by their fault, they botched the test, or otherwise screwed up and gave bogus results to the DEQ that would then cause the DEQ to place some sort of restriction on the use of the water well by the landowner. If a restriction on the use your water well would cause you harm, then I would recommend that you seek legal advice before signing that release.

landownerPermalink Reply by Cara Leggett on March 27, 2010 at 2:34

"Landowner releases Encana from any liability related to reports EnCana is required to file with the Louisiana Department of Environmental Quality as a result of these samples." Hold up here! "releases Encana from any liability related to reports" are words that cause great concern to me as I read the statement. I would certainly explore the legal aspects of agreeing to this clause before signing. The fact that they are giving you the statement in bold print indicates that they want to be able to prove you knew what you were doing when you signed the agreement, if a problem should arise. Has any seismic testing activity already occured in your area? If there is any way your water could already be contaminated, EncCana is absolved of liability before the problem has been discovered with this agreement. At least, that is how it seems to me.

landownerPermalink Reply by Dixie on March 27, 2010 at 11:47

Varice & Cara, thanks for the input, it really helps to hear what others think about some of these situations. No seismic activity in our area yet and our water supply is fine at the moment. We haven't signed anything and are still checking the contract out. I didn't like the clause when I read it and I like it even less now.

landownerPermalink Reply by Henry on March 27, 2010 at 12:09

Dixie,
My thinking is this: I would not release someone from any liability for something they have yet to do. You have no idea what will be in those reports. You are always free to draw a line through something in their contract.