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SF 60: Split Estates - Procedures for Oil and Gas Operations
2005 General Session
Sponsor: Joint Judiciary Interim Committee
        
SF 60 represented the third effort in three years to increase protection for private landowners when oil and gas development occurs on their land. Until now, when landowners owned only the surface rights of property but not the minerals beneath the surface, they had very limited rights to negotiate compensation for damage resulting from oil and gas development.
        
SF 60 affirmed the right of oil and gas companies to enter the land on split estates (where one party owns the surface and another party owns the minerals beneath the surface) and to conduct necessary activities for oil and gas removal. But the bill also established certain requirements the company must meet to accommodate and compensate the surface owner.
        
Under the provisions of SF 60, the oil and gas operator must give the surface owner five days notice before entering to conduct non-surface disturbing activities, and at least 30 days notice before entering to conduct surface disturbing activities. The operator must give the landowner a plan of work and operations, including start dates and identifying all proposed facilities (roads, wells, pits, power lines, etc.).
        
The operator must negotiate in good faith with the landowner to reach a surface use agreement, detailing how surface resources will be protected, reclamation activities and a timely schedule for completion of reclamation, and damage payments. Damages include loss of production and income, land value and value of improvements caused by oil and gas development.
        
An operator will not receive a permit to drill from the Oil and Gas Commission unless they have a surface use agreement, proof that the surface owner has waived his right to the agreement, or a bond for the landowner to secure payment for damages.
        
Proponents of SF 60 wanted the state to strengthen protections for private landowners whose land is vulnerable to oil and gas development. They pointed to many recent conflicts between landowners and developers of coalbed methane, and noted the minimal ability of landowners under existing law to negotiate adequate compensation for damage to their property.
        
Opponents argued that the industry and landowners can work out disputes privately and that many companies try hard to reach an accommodation with surface owners.
        
SF 60 passed the Senate, 25-3 (2 conflict-of-interest), and passed the House 52-6 (1 excused, 1 conflict-of-interest). The votes listed below are the Senate and House third reading votes. A YES vote means the legislator wanted to give landowners more rights over oil and gas drilling on their property. A NO vote means the legislator did not want to give landowners these rights.
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Bighorn Basin Legislators
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Senate 3rd 1/24/05 | House 3rd 2/17/05 |
| S 18 |
Hank Coe (R) |
Yes | |
| H 24 |
Colin Simpson (R) |
| Yes |
| H 50 |
Pat Childers (R) |
| Yes |
| S 19 |
Laness D. Northrup (R) |
Yes | |
| H 25 |
Alan Jones (R) |
| Yes |
| H 26 |
Elaine Harvey (R) |
| Yes |
| S 20 |
Gerald E. Geis (R) |
No | |
| H 27 |
Debbie Hammons (D) |
| Yes |
| H 28 |
Lorraine Quarberg (R) |
| Yes |
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Casper-Area Legislators
|
Senate 3rd 1/24/05 | House 3rd 2/17/05 |
| S 27 |
John Barrasso (R) |
Yes | |
| H 35 |
Roy Cohee (R) |
| Conflict |
| H 36 |
Gerald Gay (R) |
| Yes |
| S 28 |
Kit Jennings (R) |
No | |
| H 56 |
Tom Walsh (R) |
| No |
| H 57 |
Thomas A. Lockhart (R) |
| Yes |
| S 29 |
Bill Hawks (R) |
Yes | |
| H 37 |
Steve Harshman (R) |
| Yes |
| H 59 |
Mary Gilmore (D) |
| Yes |
| S 30 |
Charles K. Scott (R) |
Conflict | |
| H 38 |
Bob Brechtel (R) |
| Yes |
| H 58 |
Ann Robinson (D) |
| Yes |
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Cheyenne-Area Legislators
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Senate 3rd 1/24/05 | House 3rd 2/17/05 |
| S 4 |
Tony Ross (R) |
Yes | |
| H 7 |
Doug Samuelson (R) |
| Yes |
| H 41 |
Becket Hinckley (R) |
| Yes |
| S 5 |
John Hanes (R) |
Yes | |
| H 8 |
Larry Meuli (R) |
| Yes |
| H 42 |
Pete Illoway (R) |
| Yes |
| S 6 |
Wayne H. Johnson (R) |
Yes | |
| H 9 |
Bryan Pedersen (R) |
| Yes |
| H 10 |
Rodney "Pete" Anderson (R) |
| Yes |
| S 7 |
Kathryn Sessions (D) |
Yes | |
| H 11 |
Wayne Reese (D) |
| Yes |
| H 43 |
Dan Zwonitzer (R) |
| Yes |
| S 8 |
E. Jayne Mockler (D) |
Yes | |
| H 12 |
Layton Morgan (D) |
| Yes |
| H 44 |
Floyd Esquibel (D) |
| Yes |
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Gillette-Area Legislators
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Senate 3rd 1/24/05 | House 3rd 2/17/05 |
| S 23 |
John Hines (R) |
No | |
| H 31 |
Thomas E. Lubnau II (R) |
| No |
| H 52 |
Burke Jackson (R) |
| No |
| S 24 |
Michael Von Flatern (R) |
Yes | |
| H 32 |
Jeff Wasserburger (R) |
| No |
| H 53 |
Frank Latta (R) |
| No |
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Lander/Riverton-Area Legislators
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Senate 3rd 1/24/05 | House 3rd 2/17/05 |
| S 25 |
Cale Case (R) |
Yes | |
| H 33 |
W. Patrick Goggles (D) |
| Yes |
| H 54 |
Del McOmie (R) |
| Yes |
| S 26 |
Robert A. Peck (R) |
Yes | |
| H 34 |
Frank Philp (R) |
| Yes |
| H 55 |
David Miller (R) |
| No |
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Northeast/East Central WY Legislators
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Senate 3rd 1/24/05 | House 3rd 2/17/05 |
| S 1 |
C.L. Townsend (R) |
Conflict | |
| H 1 |
Mark Semlek (R) |
| Yes |
| H 2 |
Ross Diercks (D) |
| Yes |
| S 2 |
Jim Anderson (R) |
Yes | |
| H 5 |
James C. Hageman (R) |
| Yes |
| H 6 |
Dave Edwards (R) |
| Yes |
| S 3 |
Curt Meier (R) |
Yes | |
| H 3 |
Deborah Alden (R) |
| Yes |
| H 4 |
Edward A. Buchanan (R) |
| Yes |
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Sheridan-Area Legislators
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Senate 3rd 1/24/05 | House 3rd 2/17/05 |
| S 21 |
Bruce Burns (R) |
Yes | |
| H 29 |
Jerry Iekel (R) |
| Yes |
| H 51 |
Rosie Berger (R) |
| Yes |
| S 22 |
John Schiffer (R) |
Yes | |
| H 30 |
Jack Landon (R) |
| Yes |
| H 40 |
Doug Osborn (R) |
| Yes |
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South Central WY Legislators
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Senate 3rd 1/24/05 | House 3rd 2/17/05 |
| S 9 |
Mike Massie (D) |
Yes | |
| H 13 |
Jane Warren (D) |
| Yes |
| H 45 |
Kevin A. White (R) |
| Yes |
| S 10 |
Phil Nicholas (R) |
Yes | |
| H 14 |
Kermit C. Brown (R) |
| Yes |
| H 46 |
James Slater (R) |
| Yes |
| S 11 |
Bill Vasey (D) |
Yes | |
| H 15 |
George Bagby (D) |
| Yes |
| H 47 |
Kurt Bucholz (R) |
| Yes |
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Southwest WY Legislators
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Senate 3rd 1/24/05 | House 3rd 2/17/05 |
| S 12 |
Rae Lynn Job (D) |
Yes | |
| H 48 |
Marty Martin (D) |
| Yes |
| H 16 |
Pete Jorgensen (D) |
| Excused |
| S 13 |
Tex Boggs (D) |
Yes | |
| H 17 |
Stephen Watt (R) |
| Yes |
| H 60 |
Bill Thompson (D) |
| Yes |
| S 14 |
Stan Cooper (R) |
Yes | |
| H 18 |
Mick Powers (R) |
| Yes |
| H 39 |
John Hastert (D) |
| Yes |
| S 15 |
Ken Decaria (D) |
Yes | |
| H 19 |
Owen Petersen (R) |
| Yes |
| H 49 |
Bruce Barnard (R) |
| Yes |
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West Central WY Legislators
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Senate 3rd 1/24/05 | House 3rd 2/17/05 |
| S 16 |
Pat Aullman (R) |
Yes | |
| H 20 |
Kathy Davison (R) |
| Yes |
| H 21 |
Randall Luthi (R) |
| Yes |
| S 17 |
Grant Larson (R) |
Yes | |
| H 22 |
Monte Olsen (R) |
| Yes |
| H 23 |
Keith Gingery (R) |
| Yes |
See Southwest Region for H 16 and S 12 |
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