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West Virginia lawmakers advance co-tenancy bill

CHARLESTON — A bill for oil and gas drilling was passed out of the Energy Committee of the West Virginia Senate by voice vote on Wednesday.

House Bill 4268, dubbed the co-tenancy bill, will allow drilling on a parcel provided three quarters of the mineral owners agree. It applies to situations where there are at least seven owners.

The bill, which passed the House of Delegates last week in a partisan 60-40 vote, now goes to the Senate Judiciary Committee. Only two Democrats voted for the legislation in the House.

HB 4268 will allow a company to drill provided three-quarters of the mineral rights owners agree. Dissenting owners would receive the same royalties and the royalties that otherwise would go to owners who can’t be located will go into the Unknown and Unlocatable Interest Fund administered by the state treasurer.

After an evaluation by the treasurer, half would go to the reclamation of orphan wells and the other half to a fund for the Public Employees Insurance Agency.

The Farm Bureau and the Surface Owners Rights Association supported the bill after several amendments were made in the House. It also has the support of the oil and natural gas industry, which on Wednesday was holding a rally in support of energy issues before the Legislature while the Senate acted upon the bill.

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