Rule 37: July 2012: Update

July 8, 2012.

We're sorry that we haven't updated in more than a year. It's been a wild ride with the Barnes Assembly A (Well 3H) Rule 37 Spacing Exception Waiver Journey. In case you didn't read about it elsewhere on the Westchester Gasette ~ the Railroad Commission of Texas ruled against our 5 neighbors in Trailwood. Then they ruled against the Motion for Rehearing. And then...well, there wasn't anything left but the crying.  It's all been really strange. There aren't too times in anyone's life when people find themselves defending their right to "Just Say, No."

Maybe when we're in our teenage's really hard to "Just Say, No," to our peers who want us to do something we really don't want to do. But those of us who "Just Say, No" sometimes gain the most respect and then others will "Just Say, No," too.

So, all in all, we suppose this is like that. Our neighbors, said, "Hell, No," actually. The Railroad Commission of Texas said, "It doesn't matter, what you want or what you think, the law says that Texas is supposed to extract minerals as the #1 Priority of our state. And we really don't care about your property rights."  We want your minerals and we ARE going to have them.


So, even though the Westchester-Grand Prairie Community Alliance is a coalition of very diverse individuals and families, we managed to all come together on this one issue. And we're stronger for it. We doubt the Railroad Commission of Texas has garnered respect (for what they have done in the name of fossil fuel mineral extraction) to so many of our friends and neighbors across all of North Texas. We've made friends with so many of them and know that people all across North Texas feel exactly as we do about it.

This Texan and Westchester Neighbor is not very proud of my state or our leaders right now. It's truly embarrassing what they are doing to us.

So, on that note, in the middle of the Summer of  2012...there's only one thing left to say about the Statewide Rule 37 Spacing Exception

God Help the State of Texas. They clearly know not what they do.  


Update 6.2.11 ~ Still No Word from the Railroad Commission.  We were told by a staff member last month (May 2011) that decisions won't be made until after the close of this legislative session.

In case you missed the blog post(s) earlier in the year,  click here, here and here to read blog posts about our Rule 37 Experience since the first of this year and Click Here to Read the Transcript of the February 1, 2011 Rule 37 Exception Hearing for API #113-30193: Well 3H.

Update 2.9.11 ~ Waiting Word from the Hearing Examiner regarding Barnes Assembly A Well 3H Rule 37 Exception Hearing.   

Link to the Permit.

We will have a transcript, too.  With 4 Protesters represented  at the February 1st Hearing (in Austin), that in itself was a MAJOR accomplishment.  Three (3) of us tried to be there to support our neighbors, but due to the sleet and snow our car was stopped in its tracks by a car swerving into our path. Airbags deployed. We're alright. Thank God. We called Austin to tell them what had happened.  No sympathy was expressed by Docket Services.  I don't think they do sympathy.

What is a Rule 37 Waiver?  Answer: BS 

Update ~ 1.2.11:
It just got more challenging. Sadly, we're learning that the Gas Industry doesn't mind creating some chaos and uncertainty among mineral owners who really don't want to lease their minerals and risk losing their health, safety and quality of life. $35 $20/month after property taxes are assessed is hardly going to make anybody "rich." "Sick," yes. "Rich," get real.

We're learning that "leasing" is really the only way the Gas industry can build the parts they need to operate this industrial zone. Leasing "everybody" makes it so much easier to just come in and take over a community.

Grand Prairie's Trailwood Neighbor, Neva Carter, has filed the 1st Rule 37 Protest for Barnes Assembly A. Her letter appears on the Barnes Assembly A Permit's Notes. Here it is in its entirety.

Critical Update:  The deadline for "protests" has changed from November 2nd to November 19th.  When mail sent (from the Texas Railroad Commission) to property owners targeted for "Rule 37" (by a gas operator) is returned...then these changes of address cause the deadline for responses to change.

5 (Five) Protests filed as of November 5, 2010.  More will be filed, soon. The link to the "Permit" for API # 113-30193 Well 3H is provided below.  Scroll down to see the list of Attachments. For something so important, it's a very poorly designed form.  Click on the different names to see the letters of protest.  All names listed are property owners in the Trailwood neighborhood of Grand Prairie, Texas:

Barnes Assembly A: Well 3H Permit

Hearing Scheduled for the Barnes Assembly A Rule 37 Waiver

January 7, 2011 in Austin.  More later...

Well, they changed it. 
Chesapeake submitted a Motion for Continuance "because' they, "oops," discovered 2 more people whose leases had expired. And these two property owners are needed for this Barnes Assembly A Rule 37, in their opinion.  They just want more and more people to "sign" so that they can do whatever they want to the property and community. That's the plan.  No doubt.

Excuse me. But they just "discovered," two more people???  That's the word they used in the letter to the Railroad Commission. Just check out the letter at the link above. Of course, the Hearing Examiner "approved," their request for a change right away.

Billie Harris filed a Protest to the Motion for Continuance promptly...we had already made plans and were ready to go to Austin on January 7th.  And guess what!  NO RESPONSE from the Hearing Examiner!!

So, now this Barnes Assembly A Rule 37 is scheduled for February 1st.  Unless of course, it's not.  One thing is certain.  Whatever Chesapeake wants, Chesapeake gets!

Yay, Team!