West Virginia Code 22-6-35 – Civil action for contamination or deprivation of fresh water source or supply; presumption
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In any action for contamination or deprivation of a fresh water source or supply within one thousand feet of the site of drilling for an oil or gas well, there shall be a rebuttable presumption that such drilling, and such oil or gas well, or either, was the proximate cause of the contamination or deprivation of such fresh water source or supply.
Terms Used In West Virginia Code 22-6-35
- Gas: means all natural gas and all other fluid hydrocarbons not defined as oil in this section. See West Virginia Code 22-6-1
- Oil: means natural crude oil or petroleum and other hydrocarbons, regardless of gravity, which are produced at the well in liquid form by ordinary production methods and which are not the result of condensation of gas after it leaves the underground reservoirs. See West Virginia Code 22-6-1
- Well: means any shaft or hole sunk, drilled, bored or dug into the earth or into underground strata for the extraction or injection or placement of any liquid or gas, or any shaft or hole sunk or used in conjunction with such extraction or injection or placement. See West Virginia Code 22-6-1