WV Farm Bureau Magazine March 2013 | Page 9

Owners also may receive bonuses for signing gas leases. Unlike a royalty payment, which depends upon production, the lease bonus occurs whether or not any gas is produced. It is generally based on a per-acre price. Shale “plays” (geographic areas targeted for exploration) have traditionally not been developed because they failed to produce natural gas in volumes sufficient to make the wells economically viable. This was primarily because of the low permeability found in most shale. Because of the low permeability, shale – including the Marcellus Shale – has been classified as an “unconventional” natural gas reserve. However, recent improvements in drilling and hydraulic fracturing (fracing) techniques have allowed producers to begin developing natural gas from unconventional reserves. As a result of the improved techniques and recent shale discoveries, scientists now predict that over half of our nation’s natural gas supply will be produced from unconventional reserves by 2018. Hydraulic fracturing is the process used to free the natural gas trapped in the shale. During this process, fluids (primarily water) are injected into the shale formation at high pressure to break up (fracture) the shale, and sand is pumped into the voids to keep the fractures open. This process facilitates the flow of natural gas out of the formation, and improves the production from the wells. Directional drilling is another new technique that has allowed producers to free the natural gas trapped in the shale. Directional drilling is a process where the well is drilled vertically, to a depth just above the target formation, and then the well is turned and drilled horizontally for some distance. This process exposes a much larger portion of the target formation, which allows the producer, through fracing, to increase the production of the well. As you might imagine, these improvements in technology do not come cheap. The costs of horizontal drilling and hydraulic fracturing have dramatically increased the cost of drilling wells in West Virginia. A conventional shallow well, drilled and completed to a depth of 5,000 feet in West Virginia today, would cost approximately $300,000. A typical vertical Marcellus well, drilled and completed to a depth of 6,500 to 7,500 feet, will cost between $800,000 and $1.5 million. A typical horizontal Marcellus well is drilled vertically to a depth of approximately 5,800 feet and then turned and drilled directionally for another 3,000 to 4,000 feet, making the total length of the well almost 10,000 feet. Depending upon the length of the well and the cost to obtain the water, a typical horizontal Marcellus well will cost between $3.5 million and $5 million. Recent shale plays in the United States have had a huge economic impact on the regional economies where each is located. The Haynesville Shale is credited with adding $10.6 billion to Louisiana’s gross sales in 2009. The Barnett Shale is credited with generating 111,000 new jobs in Texas. The Fayetteville Sale has created $18 billion of new development activities in Arkansas. In 2009, the Marcellus Shale development added 7,600 jobs, paid $298 million in wages and increased gross revenue by $1.2 billion for West Virginia. Experts predict that by 2015, the Marcellus Shale development will create over 19,000 new jobs, pay over $800 million in new wages, and generate hundreds of millions of dollars in tax revenue for West Virginia. Those who own large Marcellus Shale gas interests have the potential to become extremely wealthy, almost overnight. As exciting as that is, those owners will have new challenges to face, like dealing with big income tax liabilities. Wills, trusts, and other financial planning techniques can significantly help protect a family’s increased income. Please stay tuned for our next article, in the May edition of Farm Bureau News, where we will discuss these options for the gas owners. Robert S. Kiss is a partner in the Charleston office of Bowles Rice LLP, a regional law firm with offices in West Virginia, Pennsylvania, -