Legal Advice/Suggestions - Me vs Big Oil

[OKshorthorn]

Ok, I have a question for my legal professional friends here.

I live in rural Oklahoma. We only have a water well, no access to rural water now or in the foreseeable future. An energy company has proceeded to build a giant pond/hole. 1,000 ft long and 250' wide, still going down so I don't know how deep it will be yet. They are going to drill a water well, and flood it. From my small brain, and at a conservative depth of 10 foot, we are talking about over 18 million gallons of water if they just fill it once.

I'm concerned about the water table and my sole source of drinking water to my home. This well/pond is located about 2,000-2,500 foot from my house, on the same quarter of land that my home sits on.

Do I have my options? Or just bend over and hope it all works out?

 

[GoWyo]

Are they drawing from the same aquifer as your domestic well?  If not, are they required to seal their well and only draw from a specific aquifer?  What is the rate of recharge of the aquifer your domestic well is on?  What is the rate they will pump their well or wells?  Is the "cone of depression" likely to interfere with your domestic well due to being located too close to your domestic well?

From my rough calculation, assuming that the pond is rounded on the ends and not square, it will be about 5 acres surface area and if it is 10 feet deep, would hold about 50 acre-feet of water.  One way to think about it is that it would draw the water table down by one foot over a 50-acre area to fill the pond once and with no recharge of the aquifer.  Not a geologist here by any means, but it helps to visualize what might be going on. 

Also don't have any familiarity with Oklahoma ground water laws, but the energy co. likely had to draw a permit for their well or wells and you can find out quite a bit of information by inquiring with the agency that handles water rights.

 

[aj]

Sounds like a regular drill method......its not fraking is it? As far as water use is concerned.......figure out how much water a center pivot pumps out in a year.......you wouldn't believe it. Enough water for a 4,000 population city. As far as contamination is concerned....they are probably drilling what.....4,000 ft deep and our aquifer is roughly 70 foot deep.

 

[chambero]

You don't really have any legal grounds to protest.  Groundwater rights in Oklahoma (and Texas) are basically right of capture.  If you can pump it, it's yours.  Doesn't matter if its a energy company or a farmer or a homeowner.

It is also highly unlikely you have anything to worry about.  Think of the aquifer as a sponge.  If you knew how thick it was, you could make a crude estimate of how much water you are sitting on (assume a 20% porosity).  It is almost always a huge number.  It generally takes years and years of pumping from numerous wells to see a noticeable decline in a water table.  It happens, but almost always in areas with lots of irrigation wells in a fairly dense pattern that have been pumping for years.  A well almost half a mile away is no big deal.

 

[BTDT]

Have you talked to the oil company?  Do your homework first and ask them your questions.  Have an outcome in mind and if/when they ask you what you want, tell them specifically; example - I would like the oil company to create a water supply line from their water to my property, and I would like a contamination test on the water every six months.

I am not saying the oil company will be willing to do anything, but most of the time, they are wanting to avoid confrontation. And you are nothing but a very small flea and they might be willing to make you go away rather than have bad press, lawsuit, etc.

Good luck.

 

[RyanChandler]

conservatives questioning private property rights??? surely not

The privatization of the commons is the real tragedy.

 

[OKshorthorn]

I think the real tradegy is using/contaminating our fresh water while the technology exists to use other fluids. I'm no tree hugger, and profit professionally from drilling, but it's naive to think we are not causing significant damage to our ecosystem in the process. But hey, let's worry about those details later, our generations infatuation of instant gratification is sickening.

 

[OKshorthorn]

Are they drawing from the same aquifer as your domestic well?  If not, are they required to seal their well and only draw from a specific aquifer?  What is the rate of recharge of the aquifer your domestic well is on?  What is the rate they will pump their well or wells?  Is the "cone of depression" likely to interfere with your domestic well due to being located too close to your domestic well?

From my rough calculation, assuming that the pond is rounded on the ends and not square, it will be about 5 acres surface area and if it is 10 feet deep, would hold about 50 acre-feet of water.  One way to think about it is that it would draw the water table down by one foot over a 50-acre area to fill the pond once and with no recharge of the aquifer.  Not a geologist here by any means, but it helps to visualize what might be going

The problem is, where I am, there is not a known aquifer/water basin below us, the nearest one is 8 miles east (not one of any significant size anyway that is recognized by the department). So in my estimation, they are just drilling the 45-60 foot to the water table. I find it hard to believe that my house would not share water with this well. I hope I'm wrong.

 

[RyanChandler]

I think the real tradegy is using/contaminating our fresh water while the technology exists to use other fluids. I'm no tree hugger, and profit professionally from drilling, but it's naive to think we are not causing significant damage to our ecosystem in the process. But hey, let's worry about those details later, our generations infatuation of instant gratification is sickening.

I don't think it's a generational issue as much as it is a structural issue. As long as unfettered self interest is seen as a virtuous pursuit, there will be no consideration extended to you or our environment.  Our collective resources continue to be depleted for the benefit of a few at the expense of all, and I hope situations like yours continue to shed light on these, without fundamental change, inevitable perils.

 

[OKshorthorn]

I think the real tradegy is using/contaminating our fresh water while the technology exists to use other fluids. I'm no tree hugger, and profit professionally from drilling, but it's naive to think we are not causing significant damage to our ecosystem in the process. But hey, let's worry about those details later, our generations infatuation of instant gratification is sickening.

I don't think it's a generational issue as much as it is a structural issue. As long as unfettered self interest is seen as a virtuous pursuit, there will be no consideration extended to you or our environment.  Our collective resources continue to be depleted for the benefit of a few at the expense of all, and I hope situations like yours continue to shed light on these, without fundamental change, inevitable perils.

+1

 

[GoWyo]

conservatives questioning private property rights??? surely not

The privatization of the commons is the real tragedy.

Redwine has a property interest in the ground water underlying his land?  Nothing wrong with asserting that interest against the threat by another who might be trying to take it.  Why is it a tragedy that Redwine might have a private property interest in the ground water that underlies his land?

 

[chambero]

I think the real tradegy is using/contaminating our fresh water while the technology exists to use other fluids. I'm no tree hugger, and profit professionally from drilling, but it's naive to think we are not causing significant damage to our ecosystem in the process. But hey, let's worry about those details later, our generations infatuation of instant gratification is sickening.

I'd be much more concerned (and even then minimally) if you had an injection well next to you. 

If your well is screened in the same water bearing zone as theirs is, you are both drawing water from the same shallow aquifer.  Your well has been drawing it from your neighbors land all along also.  You really don't have much to worry about.  The volumes of water your well has access to is most likely immense.  That well would have to be in operation for decades to potentially affect you.  They are putting it in to drill wells in your area and then they'll shut down and move on.  If you want to see a real groundwater "hog", try living next to a sod farm.

Oil drilling whether its traditional or "fracking" uses any kind of water they can get.  There are not other substitutes for water in some fashion or form.  In the grand scheme of things, they won't use nearly as much water from that property on the long-run as would someone plopping down a center pivot there.  The reality is the owner of that land (probably a farmer/rancher) sold them the right to put in that well and dig that pond - probably for quite a bit of money.  I'm guessing if they had wanted to put it on your land bad enough, there was a price at which you would have sold them that right.

If there were wastewater available, they'd be using that if its cheaper in either time or money.  The reality is that groundwater is probably the only source around in your area.  By digging a pond, they are also using surface runoff if there is any. 

If oil prices keep dropping, you really won't have anything to worry about.  Drilling isn't too far from coming to a screeching halt.

 

[Tallcool1]

I really don't know much about ground water in Oklahoma, but I do have a fairly good understanding of big business.  One thing that I have learned is that big businesses that are utilizing natural resources are very seldom wrong.  They have access to the funds that are required to study and research prior to investing money.  My gut instinct tells me that there is an abundance of ground water on your quarter or they wouldn't be there. 

I doubt you will even notice, but I would be wondering the same thing you are wondering if I were in your position.  I would not hesitate to contact the company and visit with them.

I hope it all has a happy ending for you.

 

[cowman 52]

I'm thinking you may be a little over concerned.  The amount of water needed for drilling is going to be over the amount a well or wells can produce and the chance of running out of water ain't in the equation. A well site next to us had about the same size hole and they hauled water in non stop for nearly 60 days before drilling started and then 20 trucks a day.  A truck is 5000 barrels.  I'm not real sure a well could produce enough to keep up much less produce enough. 
Don't know the aquifer depth or capacity but ruining every water well in the area ain't good for business.

 

[rmbcows]

I'm thinking you may be a little over concerned.  The amount of water needed for drilling is going to be over the amount a well or wells can produce and the chance of running out of water ain't in the equation. A well site next to us had about the same size hole and they hauled water in non stop for nearly 60 days before drilling started and then 20 trucks a day.  A truck is 5000 barrels.  I'm not real sure a well could produce enough to keep up much less produce enough. 
Don't know the aquifer depth or capacity but ruining every water well in the area ain't good for business.

I'm going to agree with this.  There's been tons of drilling going on around here.  They have piped water from ponds and detention lakes, they truck the water in and store it in frac tanks, and they have even built on huge pit, lined it and then hauled the water in to fill it.  I can't imagine a single water well being able to provide the amount of water needed to fill this pit.  These oil companies seem pretty cautious about covering their butts when it comes to lawsuit possibilities.  From what I've seen, they leave things in MUCH better shape than they were before they showed up. Go have your well tested for water quality, so if anything would happen, you could prove you had good water before they showed up.  You can get a water test kit at your extension office.  Then go make friends with these guys... they might be able to do something that would make your life better. 

 

[aj]

cowman 52......I assume that you meant 5,000 gallons of water not barrels. Geology is different in different places.....but I have a small irrigation over the Ogalalah aquifer. 280 gallon a minute rating......one of the smallest in the area. It would fill a 5,000 gallon truck in 17 minutes.

 

[justintime]

I don't know anything about the laws in Oklahoma but I would agree with the comments about opening communication with the oil patch people who are doing the work. I have found that if the land owner is a reasonable person, then they will do their best to be reasonable with him/her. I have always tried to visit with them regularly and in return, I have found that, for many years now, they stop in a few times each year and see if there is anything they can do for me. They have installed Texas gates anyplace I have wanted them, cleaned them out when needed, supplied gravel or crushed rock at no cost to me, etc etc. I have some neighbors that have fought the oil patch for decades and they don't get squat from them. As the old saying goes, you can attract more flies with sugar than you can with vinegar. This doesn't mean you can't be firm with them and stick to your  beliefs, but the results of what happens are oftentimes determined by how the situation is handled.
As I said, I don't know what the laws are in your state, but I would suggest that this would be Job #1 for you. Learn what the laws are. Find out what you can do or not do, and in the meantime, find someone who will listen to your concerns and work with you. I have also found quite a few oil patch workers who come from Agricultural roots and they probably can relate to your concerns at the more basic level than some of the big shots who sit in the ivory towers making the decisions. They usually do talk with their workers on the job site, so if you have some of them on your side, it can go a long ways into changing their plans.