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Change 1
As published
99-3-405. Coalbed methane study.
(a) The select water committee is directed to study and recommend a bill to the 2001 legislature addressing the following issues:
(i) Water well mitigation resulting from coal bed methane gas well operations. The committee should use as a starting point for its deliberations the agreement currently being used by many landowners, coal bed methane operations and the bureau of land management in resolving disputes between landowners and well operators. This agreement provides resolution for those well owners within one-half (1/2) mile of a coal bed methane well. Under this agreement, funding for issues relating to wells within this circle of influence are borne by the operator;
(ii) Setting up a mitigation process to be followed by parties who bring issues caused by coal bed methane development outside of the circle of influence;
(iii) Problems to be investigated should include, but not be limited to:
(A) Discharged water as a result of the coal bed methane well;
(B) Determinations as to which party was responsible for an impaired water well;
(C) Determinations as to whether a water well was impaired; and
(D) Determinations as to the effects of a coal bed methane well.
(iv) Ensuring that any water well must be properly permitted with the state engineer's office. Any proposed legislation:
(A) Should not limit the right of any party to resolve disputes in district court;
(B) Should consider requiring arbitration of disputes;
(C) Should consider potential determinations by water well owners who suffer impairments; and
(D) Should consider which parties should bear the costs of restoring water to its previous levels. (Laws 2000, Ch. 96, § 3.)
Your change, as a redline
99-3-405. Coalbed methane study.
(a) The select water committee is directed to study and recommend a bill to the 2001 legislature addressing the following issues:
(i) Water well mitigation resulting from coal bed methane gas well operations. The committee should use as a starting point for its deliberations the agreement currently being used by many landowners, coal bed methane operations and the bureau of land management in resolving disputes between landowners and well operators. This agreement provides resolution for those well owners within one-half (1/2) mile of a coal bed methane well. Under this agreement, funding for issues relating to wells within this circle of influence are borne by the operator;
(ii) Setting up a mitigation process to be followed by parties who bring issues caused by coal bed methane development outside of the circle of influence;
(iii) Problems to be investigated should include, but not be limited to:
(A) Discharged water as a result of the coal bed methane well;
(B) Determinations as to which party was responsible for an impaired water well;
(C) Determinations as to whether a water well was impaired; and
(D) Determinations as to the effects of a coal bed methane well.
(iv) Ensuring that any water well must be properly permitted with the state engineer's office. Any proposed legislation:
(A) Should not limit the right of any party to resolve disputes in district court;
(B) Should consider requiring arbitration of disputes;
(C) Should consider potential determinations by water well owners who suffer impairments; and
(D) Should consider which parties should bear the costs of restoring water to its previous levels. (Laws 2000, Ch. 96, § 3.)
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