Energy development damages

WORKING DRAFT
2007
STATE OF
WYOMING
07LSO-0368

HOUSE BILL
NO.
HB0234

Energy development damages
.

Sponsored by:
Representative(s) Wallis

A BILL

for

AN ACT relating to
mines and minerals,
specifying damages recoverable for injury to a spring, well or other water source caused by oil and gas operations
;

and providing for an effective date.

Be It Enacted by the Legislature of the State of
Wyoming
:

Section 1.
W.S. 30
‑
5
‑
401(a)(ii)
and
30
‑
5
‑
405(a)(i) and by creating a new paragraph (iv) are amended to read:

30
‑
5
‑
401.

Definitions.

(a)

As used in this act:

(ii)

"Compensate" and "compensation" mean monetary payment or other consideration that may include, but is not limited to, the furnishing of materials, labor
, services
or equipment;

30
‑
5
‑
405.

Surface damage and disruption payments; penalty for late payment.

(a)

The oil and gas operator shall pay the surface owner as follows:

(i)

A sum of money or other compensation equal to the amount of damages sustained by the surface owner for loss of production and income, loss of land value
,

and

loss of value of improvements

and loss of producti
o
n and value of a
ny
spring, well or other water source used by the surface owner for human consumption
,
caused by oil and gas operations;

(iv)

Payments for the repair of a damaged or destroyed spring, well or other water source are intended to compensate the surface owner for damage or disruption of the water source,
and shall include the cost of replacing the spring
,
well or other water source, fitting it with a w
ater treatment system sufficient to provide
high quality water fit for human consumption
and
providing
for the long-term maintenance of
the
system
.

Section 2.
This act shall be effective July 1, 2007.

(END)

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HB0234