Alberta Surface Rights Federation, Resolutions

Resolutions

FEDERAL PIPELINE REMEDIATION / REMOVAL FUND #1 – 07
WHEREAS pipelines imposed on landowners by the National Energy Board (NEB) on behalf of pipeline owners create a liability and restrictions to these landowners when these pipelines are no longer needed and are subsequently abandoned.
WHEREAS if these pipelines are abandoned “in place” they will eventually deteriorate and create an environmental liability as well as impede any future development of the property.
WHEREAS there is no fund available to correct this situation and all liability, restrictions and responsibility fall on the landowner.
THEREFORE be it resolved that the ALBERTA SURFACE RIGHTS FEDERATION (ASRF) request the Government of Canada create and maintain a fund of not less than Five (5) Billion ($5,000,000,000.00) dollars to remove the pipes, remediate (by removing contamination) and properly reclaim the land so as to not impose any liability or restriction on the landowner or successors of the landowner.

SURFACE RIGHTS BOARD CONSENT COMPENSATION ORDERS #2 – 07
WHEREAS some landowners and/or occupants (Respondents) prefer the protection of a Right of Entry Order issued by the Surface Rights Board and do not wish to enter into a formal agreement with the operator for a well site, access road, battery, pipeline, power transmission line and/or telephone line, etc.
WHEREAS the Operator and the Respondent(s) have agreed to the amount of compensation for the taking and request the Surface Rights Board issue a consent compensation order.
WHEREAS the application for the Consent Compensation Order requested meets the requirements of the Surface Rights Act and Regulations and sets out the compensation agreed to.
WHEREAS the Surface Rights Board is now requiring the Parties to attend a formal Surface Rights Board hearing.
WHEREAS these Hearings are costly, time consuming and totally unwarranted.
THEREFORE BE IT RESOLVED that the ALBERTA SURFACE RIGHTS FEDERATION (ASRF) request the SURFACE RIGHTS BOARD issue Consent Compensation Orders without a formal Hearing as was done by previous SURFACE RIGHTS BOARDS.

PROVINCIAL PIPELINE REMEDIATION/REMOVAL FUND #3 – 07
WHEREAS pipelines, flowlines, and related facilities imposed on landowners by the ALBERTA ENERGY AND UTILTIES BOARD on behalf of Industry create a liability and restriction to those landowners when these pipelines are no longer needed and are subsequently abandoned.
WHEREAS if these pipelines are abandoned “in place” they will eventually deteriorate and create an environmental liability as well as impede any future development of the property.

WHEREAS there is no fund available to correct this situation and all liability, restrictions and responsibility fall on the landowner.
THEREFORE BE IT RESOLVED that the ALBERTA SURFACE RIGHTS FEDERATION (ASRF) request the Province of Alberta create and maintain a fund of not less than Two Hundred Fifty Million ($250,000,000.00) dollars to remove the pipes, remediate (by removing contamination) and properly reclaim the land so as to not impose any liability or restrictions on the landowner or successors.

ANNUAL COMPENSATION ON FEDERAL PIPELINES # 4 - 07
WHEREAS pipelines that cross Interprovincial or International Borders are imposed on landowners by the NATIONAL ENERGY BOARD (NEB) for the gain of Pipeline companies and their shareholders.
WHEREAS these pipelines, right of ways (ROW), set backs and safety zones restrict the landowners’ “quiet enjoyment” of the property.
WHEREAS restrictions on the movement of heavy equipment over the ROWs add to the costs of farming these lands.
WHEREAS the ROW may impede crop development and affect the maturity and quality of the crop.
WHEREAS land values change and the use of the surrounding land may also change over time.
AND WHEREAS these liabilities, restrictions and change in land values can not be properly addressed in a “lump sum” payment; and, therefore, continuously affect the landowner and/or the successors of the landowner.
THEREFORE BE IT RESOLVED that the ALBERTA SURFACE RIGHTS FEDERATION request the FEDERAL MINISTER OF NATURAL RESOURCES acknowledge these re-occurring adverse effects and compensate the landowner on an annual basis with provisions for reviewing at set intervals the amount of compensation paid.

ANNUAL COMPENSATION on PIPELINES AND TRANSMISSION LINES #5-07
Border Surface Rights Association
That the recurring, adverse effect and loss of use headings, used on pipelines and transmission lines, under the current Surface Rights Act, be made payable on an annual basis, as they are on well sites.

CAPLA MEMBERSHIP #6 - 07
That the Alberta Surface Rights Federation purchase a membership in Canadian Alliance of Pipeline Landowners Association for $500.00.

STROM DEFENCE FUND #7 - 07
WHEREAS the property rights of landowners and/or occupants needs to be
defended from time to time and
WHEREAS this defense can be financially prohibitive and/or financially
draining.
WHEREAS the court case in which Mr. Ray Strom was accused of entering into the activities of a land agent can be viewed as a case to defend the right of an individual to hire the representative of their choice and
WHEREAS the out come of this case will affect the overall rights of
landowners and/or occupants of the province of Alberta.
BE IT RESOLVED that the ALBERTA SURFACE RIGHTS FEDERATION establish a Defense Fund, to be known as the STROM DEFENSE FUND that may be used to
mount or assist in a defense that affects the overall rights of landowners and/or occupants of the province of Alberta.
BE IT FURTHER RESOLVED that this fund shall be overseen by our Land Agents Licensing Act Committee, half of whom are to be subject to re-election every year at the annual meeting of Alberta Surface Rights Federation.

REGISTRATION FOR CONSULTANTS #8 – 07
WHEREAS Surface Rights federation goals include monitoring of difficulties and advancements surrounding negotiations between landowners and industry;
WHEREAS the Surface Rights Federation has been requested to provide a point of registration for landowner’s representatives, advisors, advocates or consultants;
BE IT RESOLVED the Surface Rights federation provide opportunity for landowners representatives, advisors, advocates or consultants to register with the Surface Rights federation, and meet on a monthly basis with the Land Agents Licensing Committee to help achieve continuity in protection of landowners through the sharing of knowledge and information.

ALBERTA SURFACE RIGHTS FEDERATION WEB PAGE #9 -07
WHEREAS the domain name albertasurfacerights.ca, has been reserved at a cost of $37.00 / Year.
WHEREAS Memory Lane Computers has been retained to construct a WEB page, as per example on lap top computer. Estimated cost is $600.00 plus GST.
WHEREAS cost of retaining the site on their server is $270.00 per year plus GST.
BE IT RESOLVED that Alberta Surface Rights Federation retain Memory Lane Computers to construct and set up a web page on albertasurfacerights.ca site.

WILDCAT TERMINOLOGY #10-07
WHEREAS many operators have confused the Lahee classification “New Pool Wildcat” with Federal tax exemptions, the word “Wildcat” seems to mislead operators and indeed ALBERTA ENERGY AND UTILITY BOARD (AEUB) members. A cursory review of BONTERRA ENERGY CORP. Application No. 1259219 heard by the ALBERTA ENERGY AND UTILITIES BOARD (AEUB) in Drayton Valley is a very good example. Two members of the Bonterra staff gave information under oath in front of an ALBERTA ENERGY AND UTILITIES BOARD panel that was not factual, but was allowed to stand as fact. The word “Wildcat” with its implications seems not suited in the description.
BE IT RESOLVED that the ALBERTA SURFACE RIGHTS FEDERATION (ASRF) request the Government of Alberta to amend the Lahee Classifications used by the ALBERTA ENERGY AND UTILITIES BOARD (AEUB) AND ASSIGNED TO EACH NEW WELL. May the word “WILDCAT” be omitted from “New Pool Wildcat [NPW] and that description simply be described as “NEW POOL”.

PROPERTY RIGHTS #11 – 07
BE IT RESOLVED that the Alberta Surface Rights federation strongly press the Alberta Government to entrench property rights to ensure the security of proprietary interest in property to landowners in the Province of Alberta and that the Alberta Government do this in an immediate time frame

FRESHWATER INJECTION # 12
WHEREAS the PROVINCIAL GOVERNMENT continues to allow the injection of freshwater from surface and groundwater sources into oil and gas reservoirs.
BE IT RESOLVED THAT the ALBERTA SURFACE RIGHTS FEDERATION (ASRF) press ALBERTA ENVIRONMENT and the ALBERTA GOVERNMENT to stop issuing water diversion licenses allowing energy companies to inject freshwater for enhanced recovery of oilfields.

ORPHAN WELL FUND # 13
WHEREAS the ORPHAN WELL FUND has dealt with the reclamation of less than one-third (1/3) of the orphan wells that have been put in their care and whereas the reclamation costs represent the greatest cost of decommissioning oil and gas wells, pipelines, and facilities.
BE IT RESOLVED the ALBERTA SURFACE RIGHTS FEDERATION (ASRF) lobby the ALBERTA ENERGY AND UTILITIES BOARD (AEUB) to immediately triple the levy charged to industry for the ORPHAN WELL FUND; and, further, that they immediately begin reclamation of the 20,000 plus orphan wells in their backlog.