How would you handle this?

[sqiggy]

So, a gas company came in and drilled a well just across my property line. When they came in and built the pad, they built it up 10 to 15 feet higher than what the "used to be grade" of my neighbors place. Well, just a few days ago, we had a really good rain. I just got off work, so I decided to walk over to my garden spot, mainly to look for trash, since it seems they don't have a trash can on that site. So my garden spot is on this side of the well pad. As soon as I walk into it, I'm standing in that ole red clay mud. I don't know about yall, but I've never been able to grow anything in red clay. Half of my garden is covered in red clay now and that was just after one good hard rain.
I know what I'm gonna do first, but looking for opinions if this was your place and what you would do.
My poor neighbor across the road from me has it worst. They built the road up in front of her place about 4ft and put 2 culverts in and EVERYTHING flows right down her little 2 acres. Where she's planning to put her house, all the rain water now flows right there and what will be the front yard is now covered in red clay.
But correct me if I'm wrong. Isn't illegal to change the natural flow of water without the LO's consent??

[glen]

It involves TCEQ I believe is it. My wife deals with this. I'll ask her when she wakes her lazy tail up

[Bullseye07]

There should’ve been a silt fence at least around the pad to prevent any runoff onto your place.

[centex_aggie]

It is unlawful to alter hydrology in a way that adversely impacts an adjacent landowner. I would immediately talk to the gas company. They may do whatever it takes to make it right. If not then get TCEQ involved.


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[sqiggy]

There should’ve been a silt fence at least around the pad to prevent any runoff onto your place.

There is if you want to call it that with what they put up, but didn't stop it. In fact, part of the pad or should I say this "new hillside" has already collapsed in one spot and poured over on my side!!

[glen]

Wife said first call make sure they got all required permits. She said here they would be violating distance requirements. She said also call your County engineer and TCEQ. She said go take photographs and keep a diary of everything you do and photograph often.

[M16]

I would call the gas company and see if something could be worked out including compensation for any damages. Nobody wins when both parties dig in their heels. You can always call the government agencies later. Just don’t expect anything out of them.

[Speck]

County engineer is the first place to go. Silt fence and a swale on their side of the fence needs to be installed.

[Ryanm]

Not an expert here, but I would call the company first. My guess is that they would rather deal directly with you and the neighbor rather than a government agency. If that fails, looks like you have several options..

Sorry to hear that you have to deal with this, it doesn't sound like a good situation.

[NickR]

I would assess the damages and come up with a resolution you would like to see between you and your neighbor. Then contact the gas company and let them know you are doing so out of courtesy as Opposed to calling TCEQ. Document everything with pictures and in writing. Then call tceq if you’re not satisfied with the results. I would bet they would go the extra mile to avoid being reported.

[Burnadell]

So, I guess they did not use you private road that you were concerned about last summer? How far from your hose is the well going to be?

Have you spoken to the oil/gas company yet ? I am comfortable that if you talk to the company that they will take care of your damages. No reason yet to be assuming that they won’t.

[sqiggy]

So, I guess they did not use you private road that you were concerned about last summer? How far from your hose is the well going to be?

Have you spoken to the oil/gas company yet ? I am comfortable that if you talk to the company that they will take care of your damages. No reason yet to be assuming that they won’t.

Yes, they did use our road. The well has been drilled. They were fracing it yesterday. Don't know if they are done with that or not. It's all quite today so far. The north end of the pad is just a feet from my fence. The well head to my house is probably 600ft.
To answer some other questions without quoting everybody, I am "thinking" about talking to the landman first. BUT, he has lied so many times to me and my other neighbors it ain't funny. So, it's gonna be kinda hard to believe anything he tells me. Sixty to 70 days, start to finish he says. That was back in JULY!!!!! Since August 16 (that is when the derrick went up) we haven't had a single day of peace and quite around here. I'm sick of it!!!

[Burnadell]

Were your worries about your road confirmed?

The Landman is not who you need to talk to. The company that is drilling the well is who you need to talk to. Relax. They should make it right.

[RiverRat1]

Don't talk to the landman. No way to win there. You have to talk to the gas company. The top guy in charge of this well. He will tell you who's in charge of land matters. He may say the landman but you have to go over him as he's probably a sub and will do everything in his power to not let you talk to anyone over him.

And they very well most likely make it right once you talk to the right person. They DO NOT want to have any more delays.

[sqiggy]

Don't talk to the landman. No way to win there. You have to talk to the gas company.

He is the gas company. He is supposed to be the "go to guy"!!!
What I will probably do, since I'm working nights right now, wait till I go on my days off. Get thru Christmas and all, then call him and have him meet with me. I will show him what is going on. Then see what he tells me. If I think he is blowing smoke up my ***, then I will take a different course of action. I already have a good idea what he is going to tell me.
Over two weeks ago, the frac company moved in. He told my neighbor, "They will be done by Thursday". This was said on a Sunday. They are still there!!!!