Oil & Gas Drilling Frequently Asked Questions

DISCLAIMER:

The City does not lease nor provide advice about leasing private property for gas exploration and drilling. Information provided by the City addresses general issues related to gas drilling and mineral leases and is not intended to provide advice on any specific legal matter or factual situation. This information is not intended to create and its receipt does not constitute a lawyer-client relationship. Readers should not act upon this information without seeking professional legal counsel. Gas companies offering leases for gas exploration and drilling for privately owned minerals, including those with the words "City of Southlake" as part of their name or logo, are not associated with or endorsed by the City of Southlake.

Topic: General Gas & Oil Questions

Topic: City & State Requirements & Regulations

 Topic: Mineral Right’s & Leasing

 Who To Contact

Topic: Other Useful Links

 

 


 

Topic: General Oil & Gas Questions
            
What is the Barnett Shale?
  The Barnett Shale is a large natural gas reserve that stretches underground across a 15 county area in North Texas. It contains an estimated 26 trillion cubic feet of natural gas and is located approximately 1.5 miles below the surface. Its 6,000 + square-mile reservoir is already the second largest producing on-shore domestic natural gas field in the United States. In recent years, advances in drilling technology have made it possible for energy companies to extract large amounts of natural gas from the Barnett Shale. Recently, drilling activity has occurred in cities surrounding Southlake. Currently there are no gas drill sites located within the city limits. For a current list of gas well submittals please click here.
   
What activity will take place at a gas well site?
 
During construction of the well site, the actual drilling and final well completion, you may see activity and hear noises that appear unusual. Initially, residents will see bulldozers clearing the site and large trucks delivering equipment. A drilling rig, usually about 120 to 165 feet tall, will be set up and a crew will be on site 24 hours a day to oversee the drilling operation. Fencing is not required at this time of production as long as 24 hours a day supervision is on-site. Inspections will be made by the Railroad Commission and the City.
 
After the hole or wellbore is drilled, a process called “fracturing” takes place. Fracturing requires dozens of trucks with large pumps to send water down the well to make cracks in the Barnett Shale, which allows the gas to flow. The fracturing process can be noisy and may take 4 to 6 days to complete. The City regulates the hours of operation during the fracturing process and inspects the site to make sure all regulations and safety requirements are met. The water that is used for fracturing is hauled away for safe disposal.
 
When the fracturing is completed and natural gas finally flows up the wellbore, the initial gas to rise up will be burned off, or flared. This can be seen as bright flames from vent stacks, even when the well is a good distance away. These sights and sounds are normal and temporary. Once this is completed—usually in just a few days—everything will return to normal and production begins.
 
Equipment is installed to allow the gas to flow safely from the well to nearby pipelines and then on to power plants, factories and even homes. During the production phase the site is quiet and has a minimal impact. Production sites will be monitored daily by the production company and will be inspected regularly by the City. A six to eight foot masonry wall and landscaping will surround the wells for safety and to screen them from the public view after they are put into production.
 
In communities where drilling is already taking place, the most common complaints during the drilling process are about noise and lighting. The City will monitor noise levels and can require additional sound muffling devices if noise exceeds the levels specified in the Gas Well Drilling and Production Ordinance. Lights at the gas well sites will be directed downward and shielded to prevent illumination of public roads, dwellings and buildings within 1000 feet*.
   
How long is the drilling rig in place?
  A well in the Barnett Shale typically takes 20 to 30 days to drill. However, depending on the area, multiple wells may be drilled consecutively on one site. When drilling is completed, the drilling rig is removed and a smaller completion rig is put into place. After the completion rig is finished, frac trucks arrive for the fracturing process which takes an additional 4 to 6 days. Finally, a wellhead (or “Christmas tree”) is installed along with a few storage tanks. A Barnett Shale well is expected to produce for 20 to 30 years or more.
   
What happens when production drops off – does the company go in and re-frac a well?
  Re-fracing old wells has proven to be successful and so it's quite likely that most, if not all, wells could be re-fraced every 5-10 years depending on the individual well.
   
What is the life span of a well?
  The City has heard everything from 20 to 80 years.
   
Where does the water supply for drilling come from?
  It can be bought from the City, piped in from rivers or lakes, brought in by truck or new water wells can be drilled to support the natural gas drilling operations.
   
Will gas drilling operations be subject to the same water restrictions as residents?
  Gas drilling companies in Southlake would be subject to any water restrictions that exist. Gas drilling companies have numerous sources that they can use to secure the water they need for drilling these include piping it in, bringing it in by truck and drilling water wells. If the city has imposed water restrictions on the use of the City of Southlake water system then the companies would have to secure water resources in other ways.
   
Are there natural gas pipelines in Southlake?
 

There are numerous lines in Southlake that distribute gas which is suitable for home use.

In addition to those lines, which are maintained by local energy providers such at Atmos Energy, there are also a natural gas pipeline and refined petroleum product lines located in the City of Southlake. Here is a map showing the location of all current transportation pipelines in the City of Southlake.

   
Will drilling be allowed in TXU/Atmos or Tri-County easements or by any power lines?
  The decision to allow for drilling in easements or by power lines maintained by TXU/Atmos or Tri-County will be at the decision of those providers.
   
Will eminent domain come into play to establish well sites?
  Eminent domain cannot be used to establish gas drilling well sites. However, a pipeline company can invoke the power of eminent domain if necessary to build gas pipelines.
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Topic: City & State Requirements & Regulations
   
What requirements need to be met for a gas drilling site to be permitted?
 

A Specific Use Permit (SUP) is required to be issued by the City Council following a recommendation by the Planning and Zoning Commission prior to drilling operations occurring within Southlake's city limits. Public hearings for the SUP to permit drilling are required at both the Planning and Zoning Commission and City Council meetings. At these public hearings, citizens may provide comment to the City on the gas drilling proposal.

If the SUP is granted, the gas company then must obtain a gas permit from the City. Obtaining a gas permit requires meeting the regulations of City Code (see Chapter 9.5) and SUP which regulate gas and oil drilling. The Oil & Gas Ordinance is also available here.

   
How far must a well be from my property or public structures/areas?
  Currently, the distance requirement is regulated by the City's Oil & Gas Ordinance which states that it shall be unlawful to drill a well, or to re-drill, deepen, re-enter, activate or convert any abandoned well, the center of which, at the surface of the ground, is located within one thousand feet (1,000') from any habitable structure, or from the property line of any occupied public or private school or hospital.
   
Is a permit required for seismic survey testing?
  A separate seismic survey permit is required for all seismic surveys.
   
What emergency plans are in place in case of an accident?
 

In the case of gas wells, it has been determined that one plan is not a viable alternative and that if a situation should arise, it should be handled based on the type of incident and the information available.

The ordinance states: “Prior to the commencement of oil and/or gas drilling, or any other hydrocarbons production activities, the operator shall submit to the inspector and fire marshal an emergency response plan to the city, and no drilling or other production activity shall commence until such plan has been approved by the city. The emergency response plan shall be kept current with any additions, modifications, and/or amendments concerning all construction related activities, oil and/or natural gas operations and production. Updated plans shall be submitted to the inspector and fire marshal within two business days after any additions, modifications and/or amendments to said plan(s). A copy of the emergency response plan shall be kept on site. The emergency response plan shall at a minimum provide for prompt and effective response to emergencies."

   
In the event of an accident who maintains the overall liability?
  The gas drilling company is liable for any accidents relating to the drill site, pipeline or transportation route.
   
Will someone be on the drilling site at all times?
  During drilling operations there are personnel on-site 24 hours. Completion operations are usually conducted during the day, but personnel may be on-site 24 hours during a short flow-back period. At times when there are no personnel on-site, a watchman is required by the City’s ordinance.
   
Can the city limit the number of drill sites per acre or provide other mitigation to protect the surrounding neighborhoods from drilling that could continue for many years?
  The City cannot legally limit the number of wells on a site as long as those wells continue to meet the stated setback and technical requirements listed in the Gas & Oil Ordinance. However, the City can put in place regulations to protect the public including those that address - noise, landscaping, lighting, and other safety and environmental concerns.
   
What ordinances are being put into place to protect our infrastructure? What type of fines will the gas companies face if they fail to act according to the ordinances? How will our roads be protected from damage?
  The Gas Drilling Ordinance contains provisions for the protection of the City’s infrastructure and requires that all operators sign and adhere to a separate road repair agreement. This road repair agreement requires that the drilling operator repair all damages to the City’s roadways at their expense. This agreement sets forth the timeliness of repairs, when and how inspections will be handled and the conditions for assessing and documenting the condition of the roadways before drilling commences.  Also included in the City’s ordinance is language allowing for fines up to $2000 for each violation of the ordinance.
   
How will inspections be handled?
  The drilling sites will be inspected by the city. This service can be contracted out and all of the cost of the inspections will be paid for through inspection fees.
   
Will additional staff members need to be hired to manage gas drilling?
  Currently, the City has no immediate need to hire additional staff. However, the City’s ordinance* allows for the hiring of technical advisors and gas well inspectors as needed. The City intends to utilize current staff to manage inspection needs and will seek outside consultants as needed on a contract basis.
   
What are the restrictions on noise?
 

All ambient noise levels will have to be set before a gas drilling permit is issued and those levels will be established with the Building Official present at those tests. The Building Official, by definition in the ordinance, can also include his designee which can be a certified gas well inspector. Gas well inspectors have training and knowledge on the reading and determination of noise levels.

The ordinance states that “No well shall be drilled, re-drilled or any equipment operated at any location within the city in such a manner so as to create any noise which causes the exterior noise level, when measured at either the property line of the tract upon which the nearest habitable structures located, or 100 feet from the nearest habitable structure as measured to the closest exterior point of the habitable structure), whichever is closer to the well, to exceed the ambient noise level:  (a.) By more than ten decibels during fracturing operations; and (b.) By more than five decibels during nighttime hours during backflow operations; and (c.) By more than five decibels during daytime hours or more than three decibels during nighttime hours for all activities not addressed in paragraphs (a.) and (b.) above.

   
What is the maximum fine that can be assessed on the drilling companies for noncompliance with the ordinance?
  According to state law, the maximum fine that a city can impose for noncompliance with ordinances relating to health, safety and welfare issues is $2,000; for other ordinances not relating to health, safety and welfare it is $500. The city will have the same regulatory authority with gas drilling as it does with any other industry in Southlake, no more and no less.
   
Does the State require a minimum of 200 feet from bore hole to adjacent structures?
 

The Railroad Commission website states, “The Railroad Commission does not regulate how close a gas well can be drilled to a residential property. However, for a well within the city limits, the city may enact ordinances regarding the proximity to dwellings or other structures. In addition, there is an old law in the Municipal Code, Section 253.005(c), which provides: A well may not be drilled in the thickly settled part of the municipality or within 200 feet of a private residence."

Commission Rule, 16 Texas Administrative Code (TAC) §3.76 provides that in counties with a population over 400,000 or a population over 140,000 adjacent to a county with a population over 400,000, a developer of the property may obtain Commission approval of a subdivision plan that limits drilling activity to designated drill sites of at least two acres for every 80 acres in the subdivision."

   
What is the jurisdiction of the Railroad Commission concerning gas well sites?
 

The Railroad Commission regulates the exploration and production of oil and natural gas in Texas.  The Commission’s primary responsibilities include: preventing waste of oil and gas resources; protection of surface and subsurface water; and, ensuring all mineral interest owners have an opportunity to develop their fair share of the minerals underlying their property.

The Railroad Commission does not have jurisdiction over roads, traffic, noise, odors, leases, pipeline easements, or royalty payments.

   
Where can I obtain a copy of the Ordinance and Resolutions related to Oil & Gas?
  To obtain a copy of the ordinance and resolutions related to Oil & Gas please click here, the ordinances and resolutions are located midway down the page.
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Topic: Mineral Right’s & Leasing
   
What should I do if the gas company wants me to sign a mineral lease?
 
Mineral leases:
 
A mineral lease is a contractual agreement between two entities, the owner of a mineral estate and another party, usually an oil and gas company.
 
The lease gives the oil and gas company or individual the right to explore for and develop the minerals that might be found underneath an area described in the lease.
 
When you (the lessor) sign a lease you essentially become a partner with the company (the lessee). When a company holds a lease to your mineral property, you cannot lease those mineral rights to another company until the lease term with the first company expires. When the lease terminates, all rights to the minerals revert back to the mineral owner.
 
If you intend to only lease your minerals, make sure you are signing a lease, not a document that transfers ownership.
  • Check out the company presenting you with a lease to sign:
  • You may be contacted by a landman. A landman is the gas company's contact person. A landman researches the deed records to determine mineral ownership, locates the owners and negotiates the leases with mineral owners.
  • Ask if the company that is leasing the land is the company that will be drilling and operating the drilling site.
  • Inquire about the experience of the company in the area.
  • Ask neighbors or other mineral owners and landowners about the company, who is your potential business partner. It is important to know who you are dealing with before entering into a lease.
  • Ask for and contact references of other property owners who have dealt or are currently dealing with the particular company.
  • To report any complaints related to the actions of a landman, you may contact the American Association of Professional Landmen, 4200 Fossil Creek Blvd., Fort Worth, Texas 76137. The phone number is 817-847-7700.
 Before you sign a lease:
  • All the lease terms are negotiable, except the owner's name and the legal description of the property.
  • Until you understand the terms of the lease agreement or get professional advice, do not sign or agree to anything.
  • Review the lease carefully and ask questions about anything in the lease you do not understand.
  • A lease may be a long term commitment, so be sure the forms are in language you understand.
  • Read pre-printed lease forms very carefully.
 Lease provisions to consider:
 
DISCLAIMER:
The lease provisions listed below are not a complete list or explanation of mineral lease terms and are not intended to replace the advice of an attorney or other professional. Mineral owners who are unsure of their rights or do not fully understand the terms of the lease should seek advice from an attorney or other professional who is experienced in Texas oil and gas law before signing any documents.
 
The following are some, but not all, of the provisions in a typical oil and gas lease:
  • A legal description of the area and number of acres involved.
  • An effective date of the lease agreement and the anniversary date for the lease. Lease rental payments must be paid on or before this date in order to keep the lease in force.
  • A statement of the primary term of the lease. The term may be any period of time, but it is commonly between 1 and 10 years. Standard lease provisions may allow for the renewal of the lease or hold it in force without your permission.
  • Lease rentals. These rentals are paid to maintain the lease during the primary term and vary from lease to lease.
  • Signing bonus. This is a guaranteed up front payment of money that is usually paid upon the signing of the lease.
  • A royalty clause. The royalty is the share of the gas production that is reserved to the mineral rights owner. It is usually indicated as a fraction or percentage of the proceeds received from the gas that is produced. Royalty may be received in-kind, which means that the lessor may take physical possession of the oil or gas. However, the gas is sold to a refinery and the lessor receives payment for his or her share.
  • Payment of royalties. Often, it is stipulated that payment must be received within 30 days of production, and each 30 days thereafter. Payment of royalties directly to the landowner by the gas purchasing company is desirable, so that there is no delay while the oil or gas company does its accounting.
  • Landowner approval before a lease can be sold to another company. This prevents the lease from being sold to an undesirable company.
  • Payment of damages for property and crops destroyed by the operations. Many leases contain an indemnification provision, which makes the operator liable for any and all damage and liability resulting from gas operations.
   
I do not want a landman to come to my door and solicit me for the sale of mineral rights. What can I do?
  The City has a solicitor's ordinance to protect citizens. A person, other than a minor, shall not engage in solicitation activities in the City without first registering with the City and obtaining a registration and identification badge. If you wish to not be approached by solicitors, you may put post a "no solicitors" sign in a conspicuous place and by ordinance your property cannot be approached. Also, the city prohibits solicitation before 9:00 am or after dark. If you are approached by a solicitor without proper identification or documentation, you may report this individual to the Department of Public Safety. The non-emergency number to request a Southlake police response is 817-743-4524.
   
Can someone else own the minerals underneath my property? How can I tell if I own my minerals?
  Yes. It is possible that the mineral ownership may be different than surface ownership. A deed/title search may be necessary for one to determine who actually owns the minerals under a piece of property.
   
Does the city profit when drilling takes place on private property?
  The City only profits from natural gas drilling on city-owned property unless the City happened to have a mineral interest in property where we did not own the surface. Only the mineral owner and the mineral lessee profit from the operations. The City does receive ad valorem taxes, which are assessed by the Tarrant County Appraisal District.
   
How will gas drilling impact my property values?
  The value of the minerals is included in the assessment of property taxes by the appraisal districts. If you would like to view how the appraisal district handles the valuation of minerals you may visit www.tad.org/Datasearch/datasearch.cfm and select Mineral Interest Valuation Detail (it is on the right side of the page). The City does not definitively know the answer at this time of how property values may be impacted by gas drilling.
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Topic: Who To Call
   
Who can I call if I have a question?
  Questions regarding drilling and operation of gas wells may be directed to the Department of Planning and Development Services at 817-748-8069.

 

Sources: City of Fort Worth / TheBarnettShale.com / City of Bedford                                                                                                                                                                                                                                      Top