NDDoH Hydrocarbon Remediation Workgroup
Jan. 26, 2018 – Members of NWLA attended a presentation from USEPA Representative, Will Folland, today during this months Hydrocarbon Remediation Workgroup meeting. Folland’s presentation discussed using a risk based decision making process for the hydrocarbon remediation guidelines. This process is health based and results in consistent decision making. Further speakers will be set up for future meetings before writing any guidelines.
We need your input!
Oct. 8, 2017 – The public hearings for the Oil and Gas Division, Department of Mineral Resources, are next week and the NWLA board will be presenting written and oral testimony. Please read the proposed rule changes here and email us with comments or thoughts. We are looking for input we can use in oral and written testimony for the DMR rule change hearings.
Oil and Gas Division FULL NOTICE OF INTENT TO ADOPT AND AMEND ADMINISTRATIVE RULES
TAKE NOTICE that the North Dakota Industrial Commission, Department of Mineral Resources, Oil and Gas Division, will hold four public hearings to address proposed amendments and additions to the North Dakota Administrative Code (NDAC) Chapter 43-02-03 (Oil & Gas), Chapter 43-02-05 (Underground Injection Control), Chapter 43-02-06 (Royalty Statements), Chapter 43-02-11 (Certification of Horizontal Well, Horizontal Reentry Wells, and Two-Year Inactive Wells), and Chapter 43-05-01 (Geologic Storage of Carbon Dioxide):
- October 11th, 2017 at 9 a.m. in the Conference Room of the Oil and Gas Division Building, 1000 E. Calgary Avenue, Bismarck, North Dakota
- October 11 th, 2017 at 1 p.m. in the Conference Room of the Oil and Gas Division Dickinson Field Office, 926 East Industrial Drive, Dickinson, North Dakota
- October 12th, 2017 at 8:30 a.m. at the Home Place Lodge and Suites, 1505 15th Ave West, Williston, North Dakota
- October 12th, 2017 at 2 p.m. in the Conference Room of the Oil and Gas Division Minot Field Office, 7 Third Street SE, Suite 107, Minot, North Dakota
WIND ENERGY DEVELOPMENT – BACKGROUND MEMORANDUM
October 3, 2017 – The Legislative Management has been directed to study the impact of wind energy development on the environment. The Legislature prepared a short memorandum that describes some of the landowner rights and nature of wind development in ND. It can be found HERE.
Landowners Concerned About Pipeline Materials
September 30, 2017 – Troy Coons, NWLA Chairman, commented in this Bismarck Tribune article about how landowners need to be concerned about the pipeline material being used to transport produced water.
Bismarck Tribune – New oil rules add transparency to royalty statements
September 11, 2017 – Read the full article here and see what NWLA Chairman, Troy Coons, has to say on the issue.
NDSU Extension Services Releases New Publication
June 22, 2017 – NDSU Extension Service released a new publication this month about the Environmental Impacts of BRINE. Earlier in the Spring NWLA sponsored three café talks put on by the NDSU Extension Service with the intention of learning more about the landowner concerns with brine spills across North Dakota. These café talks were educational for all parties involved, and NWLA finds this most recent publication enlightening. Read the full article here.
NWLA on “What’s On Your Mind?”
May 8, 2017 – Today on Scott Hennen’s “What’s On Your Mind” radio show, Troy Coons, NWLA Chairman, summed up the 2017 legislative session. If you missed it, listen HERE.
Final 2017 Legislative Update
May 1, 2017 – Northwest Landowners Association’s leadership has been busy these last few months in Bismarck at the legislative session; continuing to advocate for landowners. Specifically, here is a list of legislation NWLA followed through this session. Please click on the bill number to be linked to the appropriate bill status.
- HB 1151:: The “Spill Bill” would no longer require companies to report spills of crude oil, produced water, or natural gas that are contained to a well site or production location and are less than 10 barrels (420 gallons). The current rule is to report spills of 1 barrel or more. This bill has been signed by Gov. Burgum NWLA is NOT in support of this legislation.
- HB 1244: This bill is a quick take by the water boards and will most likely be killed. This legislation did not pass. NWLA is in support of this legislation.
- HB 1020: This bill would implement taxation of fresh water sold by landowners, with funds going towards WAWS. This segment of legislation did not pass. NWLA is NOT in support of this portion of this legislation.
- SB 2313: Wind oversight and Reclamation legislation. NWLA recommendation is to have the PSC in charge. The Ombudsman program that was created in 2015 has been expanded with a memorandum of understanding for the Agricultural Department to work with PCS pipeline and wind farm development.
- SB 2331: The “Sampling Bill” relates to the protection of groundwater and other responsibilities of a mineral developer. It would require that soils and groundwater be sampled on oil and gas sites to provide a background record for spill cleanup. NWLA introduced and is in support of this legislation. This legislation did not pass.
- SB 2047: Same as HB 1244, looking to add provisions of SB 2332 (Eminent Domain compensation) to it. The amendments from SB 2332 did not pass. NWLA is in support of this legislation.
- SB 2236: This legislation would make permanent the Ombudsman Program, which was established in the 2015 Legislative Session through a bill that NWLA championed. NWLA is in support of this legislation. This bill was passed.
- SB 2327: This bill would create the Division of Environmental Quality. NWLA recommended consideration of an amendment to allow for ⅓ representation on the board by agricultural representatives. NWLA feels this ratio is justified by the estimation that 90% of North Dakota’s land is utilized for agricultural purposes and ¼ of our economy is agriculturally based. This bill has been approved at ⅓ representation agricultural representatives on the Division of Environmental Quality board. This legislation has been passed. NWLA is in support of this legislation.
- SB 2156: The “Radioactive Waste” bill. This legislation was passed without the amendments. NWLA was in support of the bill and amendments. Amendments to this bill were added to address concerns of local elected officials representing the residents. The amendments would have made the local elected officials to the first to be notified.
- SB 2332: The “Eminent Domain Bill”. This legislation failed to pass. NWLA introduced and is in support of this legislation.
- SB 2333: This legislation was introduced by NWLA and deals with 38-08 rule for DMR guidance. This legislation handles reclamation of all land, on and off site of oil well pads. This legislation passed.
NWLA was able to get an amendment into the PCS budget for a wind farm study. This study will help guide the agency and aid the property owners with the effects of a wind farm.
Through the entire legislative session, a representative from NWLA was present ⅔ of the time. Several meetings were held with the PCS, DMR, Health Department, Majority and Minority leaders and the Industrial Commission( Agricultural Commissioner, North Dakota Governor Burgum, and the Attorney General.)
NWLA followed numerous other legislation and gave testimony on many issues which affect landowners of North Dakota. Check our website, nwlandowners.com, for up to date happenings that NWLA are involved in.
Please contact Amy Shelton, NWLA Executive Director, with any comments or ideas you may have. Also, if there are additional areas we should be pursuing; let us know. We are always looking for members and parties to be involved, so please reach out.
NWLA on “What’s On Your Mind?”
April 10, 2017 – Today on Scott Hennen’s “What’s On Your Mind” radio show, Troy Coons, NWLA Chairman, gave an update on all things happening in the legislature right now. If you missed it, listen HERE.
Governor Burgum signs HB 1151
On Friday, April 7, 2017, Governor Burgum signed HB 1151. You can read the full article from the Bismarck Tribune here.
Amy Dalrymple’s article on HB 1151, the “Spill Bill”
NWLA ON “WHAT’S ON YOUR MIND?”
Did you miss NWLA on the Scott Hennen “What’s On Your Mind?” radio show? Listen HERE for a recording of the March 27, 2017 show.
NWLA ON “WHAT’S ON YOUR MIND?”
Did you miss NWLA’s Troy Coons, Chairman, and Representative Alisa Mitskog, District 25, on the Scott Hennen “What’s On Your Mind?” radio show? Listen HERE for a recording of the March 20, 2017 show.
NWLA ON “WHAT’S ON YOUR MIND?”
NWLA AT THE LEGISLATURE!
- HB 1026 : NWLA provided input and served on the working group that has crafted this legislation. The bill will improve the process by which land with underground facilities is surveyed and excavated. It allows for a complete redesign of the One-Call system that reduces marking and assigns responsibility for clean up. NWLA is in support of this legislation.
- HB 1151: The “Spill Bill” would no longer require companies to report spills of crude oil, produced water, or natural gas that are contained to a well site or production location and are less than 10 barrels (420 gallons). The current rule is to report spills of 1 barrel or more. NWLA is NOT in support of this legislation.
- SB 2225: The “No Trespass Bill” refers to criminal trespass and hunting on private land. With successful passage, this bill would consider all private land as posted. NWLA is in support of this legislation.
- SB 2236 : This legislation would make permanent the Ombudsman Program, which was established in the 2015 Legislative Session through a bill that NWLA championed. NWLA is in support of this legislation.
- SB 2331 : The “Sampling Bill” relates to the protection of groundwater and other responsibilities of a mineral developer. It would require that soils be sampled on oil and gas sites to provide a background record for spill cleanup. NWLA is in support of this legislation.
- SB 2332: This bill is to allow for just compensation for property taken through eminent domain. NWLA is in support of this legislation.
- SB 2333: This legislation refers to the reclamation and remediation of any land disturbed by construction of well sites, treating plants, saltwater handling facilities, access roads, underground gathering pipelines and associated facilities. It states that the land shall be reclaimed as close as practicable to its original condition as it existed before the construction of the well site or other disturbance. NWLA is in support of this legislation.
- SB 2047: This legislation would amend the current procedures of eminent domain for water resource boards. Among other amendments, it would require that county governments vote upon the eminent domain proceedings, allow landowners to testify regarding their individual circumstances, and require that only projects receiving legislative funding would be allowed to utilize eminent domain. NWLA is in support of this legislation.
SALTWATER SPILL GUIDELINES ESTABLISHED
After 2 years of negotiations with the ND Department of Health, NWLA and other stakeholders have come to an agreement on guidelines for saltwater spill remediation. The guidelines can be found below. This is a huge victory for NWLA and landowners as the establishment of saltwater remediation guidelines advances the protection of soil, water, and private property rights in ND.
Areas impacting remediation that have been written within the guidelines include re-vegetation, long-term liabilities, relationships of soil factors, and the stakeholders involved with the remediation process. The guidelines also require landowners to be continually updated throughout the remediation process. The goal of the remediation guidelines is to return damaged soil to pre-damage condition, meaning that landowners will be able to sow and harvest the same crops after the spill as they were before the spill.
RECENT UPDATE ON NDIC “INTERESTED PARTY” DEFINITION
Click here to read Amy Dalrymple’s article.
NWLA in the NEWS! Check out some recent articles featuring NWLA.
Pipeline Reclamation Problems?
The ND Department of Agriculture’s new program can assist in resolving land surface issues and concerns with pipeline restoration and reclamation. Issues including deep ruts/uneven ground, improper vegetation reseeding, pooling water, slumping, soil erosion, and topsoil replacement can all be caused by the activities around water, gas, and oil pipelines. For assistance, please call 1-800-242-7535 or visit www.nd.gov/ndda.
GRANT DOLLARS AWARDED
Northwest Landowners Association was awarded a $50,000 grant from Farm Credit Service’s Rural Community Grant Fund. The dollars are to be used to provide support staff to eventually transition NWLA to a full-time executive director.
GOVERNMENTAL & MINERAL DEVELOPMENT INFORMATION
We look forward to sharing ideas and information with you. If you have any questions or comments, please email them to firstname.lastname@example.org.