17 New Shale Well Permits Issued for OH-WV (Not PA) Jul 10-16
We’re trying not to sound too PO’d (personally offended) here, but once again, in what seems to be an every month or two occurrence, the Pennsylvania Dept. of Environmental Protection’s (DEP) online oil and gas permitting database is throwing an error. So, we are left with no permit numbers for PA for the week of July 10-16. Neither the Ohio Dept. of Natural Resources (ODNR) reporting system nor the West Virginia DEP reporting system have these problems. It is only the PA DEP that routinely goes “off the air.” Why is that? [Rant over] Even without PA’s numbers, OH and WV combined issued 17 permits last week, versus the pathetic 11 total from the prior week that included PA.
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Encino Energy, now Ohio’s biggest oil producer, has agreed to donate $100,000 over the next five years to the Muskingum Watershed Conservancy Foundation to help fund community projects in Tuscarawas, Harrison, Carroll, and Belmont counties. The donation was announced at a press conference on Tuesday at Tappan Lake Marina in Harrison County. The Muskingum Watershed Conservancy District (MWCD) is an agency formed in 1933 to help control flooding and promote water conservation in the Muskingum River watershed area of Ohio, an area that covers 8,000 square miles. Over the years, MWCD has leased thousands of acres for Utica Shale drilling and cut deals to sell water to drillers for fracking. The result has been well over $100 million in revenue for MWCD–a true game-changer for the agency and the Ohio residents who live in that region.
The Ohio Dept. of Natural Resources (ODNR) recently released production numbers for the first quarter of 2023, and wow! What a surprise! Oil production in the northern Utica Shale skyrocketed, led by wells drilled by Encino Energy. According to an analysis by the Youngstown Business Journal, four shale wells drilled by Encino in Columbiana County have “shattered previous production figures in the county.” Adding up all oil production by all drillers, Encino had the most oil production in the state, with 53.7% of the total oil produced in the Utica/Point Pleasant during the first quarter. It certainly looks like Encino has cracked the oil code in the Buckeye State!
In a case initially filed last summer in Ohio, a Belmont County mineral rights owner alleges that Rice Drilling (now owned by EQT) drained natural gas from a rock layer it did not have the right to access according to the signed lease. Golden Eagle Resources says the lease allowed Rice to drill down only as far as the Utica Shale layer, which Rice did. However, Golden Eagle says fractures from Rice’s fracking of the Utica layer reached down into the adjacent Point Pleasant layer and drained some of the gas from the Point Pleasant too–and that’s a no-no according to the lease.
The Ohio Court of Appeals recently issued a decision in a case involving lease language about a “depth severance clause” that is very important for both landowners and drillers to know about. In Tera LLC v. Rice Drilling D LLC, et al., a landowner in Belmont County, OH, signed a lease with language that leases both the Marcellus and Utica shale layers, but all other formations were “reserved to the lessor” (i.e. the landowner). However, the driller, Rice (now EQT), drilled into and produced hydrocarbons from the Point Pleasant layer that sits immediately below the Utica. According to the lease (and the decision by the court), that was a no-no.