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Smawgunner
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# Posted: 24 Dec 2014 15:20
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We don't own our mineral rights BUT, in Ohio there is a lot of activity when it comes to fracking and waste. I know someone owns the rights to extract minerals, but does this mean they can also bring in and inject waste water from off site fracking operations? I have nothing that makes me think this will ever happen but this question just occurred to me.
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toyota_mdt_tech
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# Posted: 24 Dec 2014 15:47
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I own mineral rights, but we have no fracking. I'm curious, dont they inject water, create an explosion and the water acts as a hydraulic fluid to crack the surrounding rock? When does it become contaminated, does the oil seep into the water after the fracture? I suppose boiling it away (or evaporation) to leave the minerals behind would work too.
Interesting question.
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neb
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# Posted: 24 Dec 2014 18:40
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If I understand your question right they won't bring in waste and pump it down a producing well. They will have a waste disposal well where they would pump it back down that hole.
Fracking is an explosion t the end of drill stem that leaves a cavity. Then this fracking sand is injected into the cracks after the explosion in rock, shale etc. This sand keeps the cracks apart and oil flows into the cavity and pumped back up.
This is laymen terms to explain but is basically the way it works. Having a disposal is a better money maker then an oil well.
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drb777
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# Posted: 24 Dec 2014 19:35
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Each state may have somewhat different ownership laws that control produced saltwater disposal operations, you would need to contact your state agency to find out for sure. But in most oil and gas producing states, the right to operate a disposal/injection well is a negotiated contract with the surface owner (not necessarily the mineral owner(s)). Almost never does an oil and gas lease (from the mineral owners) contain any right or authority for SW disposal operations. In Oklahoma, for instance, all underground fluid disposal & injection is very tightly controlled by a specific office within the state "Corporation Commission" division.
Hydraulic fracturing (or "fracing") is much different than disposal/injection operations. Yes, the stimulation technique does crack the formation rock within the producing interval, but there is no explosion involved. Typically, only a brand new well is hydraulic fractured, and only once, fairly soon after the drilling rig leaves the location, during "completion" operations. And the vast majority of fracturing jobs use fresh/clean water with the most common additives of a bactericide and surfactant (soap), usually called "slick water". Almost always, when the "load water" flows back to the wellbore, and is produced with the oil and or natural gas, it will be more or less mixed with formation/salt water. And this water must be handled and disposed of according to state and federal regulations. And recently, many of the larger O&G companies operating in the very active areas have constructed plants that re-cycle load water to be re-used again and again, to minimize volume used and reduce disposal costs.
The recent hype over "fracing" is very political tripe used by the far left for their anti-business agenda. Hydraulic fracturing has been used safely for 60 years without any truly documented instance of damage to fresh water strata/aquifers. It's unfortunate that the major media continues to imply that such long proven procedures are somehow suspect.
'Not trying to offend any of the left leaning folks out there, but when I see our citizens being fed scare tactics by completely ignorant media types, it is simply wrong.
I'm not too sure this forum is the best place for this type of discussion, but there does seem to be a great deal of misinformation being tossed around, and unnecessarily causing concern. But actually, case law is very extensive and well settled concerning O&G leases/mineral owners/surface (land) owners. I have long felt that the states should have laws that require anyone selling land must include all existing mineral ownership to be transfered with the surface. That by itself, would solve many disputes with minerals production.
(BTW, I'm a 3rd generation independent O&G producer and, Petroleum Engineer with 38 yrs exp.)
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Smawgunner
Member
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# Posted: 24 Dec 2014 19:46
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Thanks drb777. Good info. Not to get off topic but you might be the guy to ask,..my land had rights separated over 100 years ago and since been split numerous times. I'm trying to find out who owns the rights, who has the lease and what my rights are. Any tips where to start?
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drb777
Member
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# Posted: 24 Dec 2014 20:27
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Sure, go to your county clerk's office and ask them to help you look up your specific land tract ownership. (You'll need your legal description, section, township, range.) Within their records you should be able to find the applicable "Mineral Deeds" and "Mineral/Oil & Gas Leases" that are recorded and therefore valid ownership documents. Keep in mind that mineral ownership can also be transfered by probate documents (signed by a judge) after a death, usually called a Final Decree. Many times both land and minerals have a long chain of ownership, so a real complete search would begin at the orginal patent and follow all of the assignments as they progress over time (this can get complicated). In O & G country, a complete chain of ownership can involve many hours of research at the clerks office. If you have an abstract of title for your property, it may also include mineral ownership. So first check to see if it contains the info you're looking for, it could save a bunch of effort.
Of course, the most recent Deeds will give you the owner and how much of the total acreage is being claimed, but it should also match-up with the prior owner and their respective ownership. Sometimes mineral ownership is for a specific acre by acre at 100%, and other times it's for a portion of a total, such as 20 of 160 acres. This is sometimes called divided and undivided. One more caution, county records are not always perfect, contradictions/errors can and do occur. If things get too complicated and serious, a title attorney could be required. Also, title and abstract companies can sometimes be helpful. Mineral (O & G) leases are also assigned and transfered just like Deeds, but are not usually split-out like minerals and surface rights. Good luck.
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drb777
Member
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# Posted: 24 Dec 2014 20:53
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Also, if you're a surface-only owner, without any mineral ownership included in your purchase, any recorded mineral/oil & gas lease will not include you as a party to the "contract". Your rights as a surface land owner is specific and delineated by state statute. So locating and viewing a recorded lease will probably not help you to determine your rights, since the lease is really just a contract between a producer and a mineral owner. Surface owner rights in conjunction with mineral/O&G production vary from state to state, but the producer gains certain ingress and egress rights by the lease, from the mineral owners. So if you buy land w/o any mineral rights, you'll only be buying a portion of the whole property.
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drb777
Member
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# Posted: 24 Dec 2014 21:20
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One other thing about mineral/O & G leases, they virtually always include a term of say 3 to 5 years. Then they are continued for an unlimited amount of time if and only if production and sales extend out over time. Many leases are executed, recorded and allowed to expire because time runs out and production hasn't been established. Also, land brokers will many times lease large tracts in speculative projects, trying to resale the packaged leases to a explorer. Many such deals will expire w/o any drilling. As a mineral owner, I would tend not lease to a broker/speculator, especially since I'd have no idea what producer/operator I would have to live with.
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