“Testimony in Broomfield forced-pooling lawsuit to wrap up this week” – The Broomfield Enterprise

By Jennifer Rios, The Broomfield Enterprise 2/11/19

The following are excerpts from Ms. Rios’ coverage of the Wildgrass Oil and Gas Committee v. COGCC Forced Pooling Constitutional Lawsuit which began on Friday afternoon and continues today at 11 am in the Alfred A. Arraj Courthouse, 901 19th Street in Denver.

“The lawsuit, filed Jan. 23, seeks to temporarily halt the process and challenges the constitutionality of the forced pooling provision of the Colorado Oil and Gas Act.”

“On Feb. 9, Broomfield officials announced on the city’s oil and gas web page that Extraction is scheduled to begin construction on the Livingston Pad Tuesday.”

“Extraction spokesman Brian Cain declined to comment on whether a representative was present at the hearing, but residents in attendance said no one identified themselves as an attorney for the company.”

Ms. Rios’ article included an interview with Mark Lindner, a Wildgrass Oil and Gas Committee member who testified at the hearing.

“’I’m being forced into a business relationship with a company I didn’t want to be associated with,’ he said. ‘I’m being forced into a business relationship with a company that I didn’t think was viable.’”

“Linder also took issue with language in the lease letter that he felt was ‘terse’ when describing the terms, and then included what the penalty would be if he did not accept the offer, citing the state’s forced pooling law.”

“While doing independent research, he found instances of mineral rights owners who were forced pooled getting ‘very little in terms of royalties,’ including a photo of a man who got a check for 10 cents.”

“As a lawyer, he spent significant time talking about contract law and how he believes contracts are valid if there is a ‘meeting of the minds’ and equal bargaining power. Because of the current forced pooling law, residents have none.”

“’I said that I thought the deck was completely stacked,’ in the company’s favor, Linder said. ‘The fact that a lease is presented does not really mean that someone is being negotiated with.’”

Please read the rest of the article here: