Replies to This Discussion

Permalink Reply by The_Baron on November 17, 2008 at 8:07

Just be glad they aren't making you use biodegradable or carbon neutral ammo!

Permalink Reply by The_Baron on November 17, 2008 at 8:07

I should be more careful, I don't want to give anyone more ideas....

Permalink Reply by P.G. on November 17, 2008 at 6:18

That sounds reasonable but if you leased your car to someone and he indemnified you from liability and he had a wreck and badly hurt someone, you think you wouldn't be named in the lawsuit?
I'm just saying if my well went dry, I'd rattle as many cages as I could to get the problem satisfactorily resolved!
Besides, there could be some kind of subrogation involved if you attempted to collect from an insurance policy. (you may have to involuntarily sue the neighbor anyway) I'm not sure how a water well would be covered. I doubt if it would if it was an act of nature but if it was proven it was cause by someone's negligence...
Can O worms, huh?

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Permalink Reply by The_Baron on November 17, 2008 at 6:22

I'm not sure about La, but in TX alot of this is law of capture. meaning you don't own the water until its pumped to the surface.

I'm not even saying you can't sue the landowner. You can sue anybody for any thing, You just might not win.

I would just hate to see neighbors against each other. Neighbors should be banding toghther for their common good. Not sueing each other for somthing someone else did.

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Permalink Reply by P.G. on November 17, 2008 at 6:40

I would prefer it that way as well! We all do need to collectively help each other out.
Just saying what might happen though if all I got was a sympathetic comment while I was sitting there without water!
The drillers should have to address such situations but they may not if only a handful complains. They know most folks couldn't afford to individually sue them. But if owner's collectively brought a suit against them, they'd have a problem they'd likely quickly address.

But like I said if insurance companies got involved, an owner wouldn't have any choice but to sue. You sign that right away when you buy the insurance.

If you were riding in a vehicle with a good friend and you got hurt in a crash and your medical bills came to more than his liability, you may not have a choice but to take everything he's got if your own insurance company had to pay for your hospital bills. Your insurance company would sue him in your name! That's what makes carpooling so risky!

So I'd bet if someone has leased his land to someone who caused you harm, the owner would still be liable. If there was an indemnity agreement between him and the lessee, then they would have take that up with each other, not you!

Permalink Reply by Grice on November 17, 2008 at 9:07

Correct, the water belongs to the state. Therefore, any violations of the water tables, is an issue to be resolved by the state.

As for the private landowners, there are steps one can take to force the state to take action, should they fail to act beyond reason. First, the private landowner must give notice to the state, explaining the violation. The state is not obligated to enact upon such notice, but often time will respond in some manner. However, should the state fail to respond within 10 days of the notice, the landowner can file (in district court) an injunction against the alleged violator. Should a district judge find in favor of the injunction, the state will be notified. At which time, the state must fulfill the orders established by the district court. Also, the state will become the plaintiff, relieving the landowner of future burden.

Louisiana law provides protection of the citizen, but there are procedure which must be followed.

Also, the landowner can not sue another landowner for results caused by the well operator. The landowner, whose property the well is located, is relieved of judicial procedures by way of the mineral servitude.

Finally, do not rely on what I have written here. This is nothing more than personal advice, and not one of legal opinion. Consulting with a legal representative would be proper.

Permalink Reply by The_Baron on November 17, 2008 at 9:14

Thank you Grice,

My experiance with water wells is somewhat limited, but I do know that conservation has been under pressure to do a better job regulating these issues.

Permalink Reply by Debbie on November 17, 2008 at 7:52

I am sad to report after agreeing to pay for it at first, they in the end have informed her they will not pay for it. I am very disappointed in CHK for not following through with their word. I assume they wanted to drag it out to keep talk down and let time pass before they told her they were not paying for it as it brought a problem to the surface and this forum is being watched for no negatives about them. So, I want it told and discussed what happened in the end after agreeing to pay for it at first.

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Permalink Reply by The_Baron on November 17, 2008 at 7:57

I'm confused, am I correct in saying that CHK agreed to pay to fix the problems with the well and then Back out later?

If this is the case I'd be lookin for a lawyer to sue CHK.

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Permalink Reply by Debbie on November 17, 2008 at 8:06

Yes, that is exactly what happened.

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Permalink Reply by Grice on November 17, 2008 at 8:37

If you have proof, either in writing or audio, where they unconditionally agreed to remedy the situation, then you may have a legitimate claim. However, often times they allow themselves a option. Any inclusion of the phrase "If we find", "at our discretion" or "In evidence of" would permit them to execute such option.

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Permalink Reply by The_Baron on November 18, 2008 at 5:25

This is about a month old, but I think it still pertains to the overall situation.

http://dnr.louisiana.gov/sec/execdiv/pubinfo/newsr/2008/1016con-gwa...

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