WV SORO Presentation to the Oil & Gas Conservation Commission on Co-Tenancy Rule-making

The Oil & Gas Conservation Commission asked stakeholders to make presentations on what emergency or legislative rule-making was needed related to the 2018 co-tenancy bill passed by the WV Legislature. WV SORO made a presentation not only on what emergency and legislative rule-making was required to carry out the surface owner and small mineral interest owner protections in the bill, but emphasizing that the Commission had broader duties and powers to “carry out, administer, and enforce . . . and make . . . investigation” regarding the new statute.

The memo immediately below from our attorney and co-founder, David McMahon, outlines a number of issues related to the co-tenancy statute that need to be addressed in the rule-making by the Oil & Gas Conservation Commission to protect surface and mineral owners.

See links to additional supporting documents below the memo.

Supporting documents:

2018 Co-tenancy bill showing changes from current law

DEP letter stating need for more consistent and protective measures for surface owners and residents in affected areas

Memo showing that Legislature intended to require surface owner consent if 2018 Co-tenancy statute was used