Terms Used In West Virginia Code > Chapter 22C > Article 8 - Shallow Gas Well Review Board

• Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Board: means the Shallow Gas Well Review Board provided for in section four of this article. See West Virginia Code 22C-8-2
• Chair: means the chair of the Shallow Gas Well Review Board provided for in section four of this article. See West Virginia Code 22C-8-2
• Commission: means the Oil and Gas Conservation Commission provided for in section four, article nine of this chapter. See West Virginia Code 22C-8-2
• Commissioner: means the Oil and Gas Conservation Commissioner provided for in section four, article nine of this chapter. See West Virginia Code 22C-8-2
• Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Correlative rights: means the reasonable opportunity of each person entitled thereto to recover and receive without waste the gas in and under a tract or tracts, or the equivalent thereof. See West Virginia Code 22C-8-2
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Director: means the Secretary of the Department of Environmental Protection as established in article one, chapter . See West Virginia Code 22C-8-2
• Division: means the state Department of Environmental Protection provided for in chapter twenty-two of this code. See West Virginia Code 22C-8-2
• Drilling unit: means the acreage on which the board decides one well may be drilled under section ten of this article. See West Virginia Code 22C-8-2
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Executor: A male person named in a will to carry out the decedent
• Fiduciary: A trustee, executor, or administrator.
• Gas: means all natural gas and all other fluid hydrocarbons not defined as oil in subdivision (15) of this section. See West Virginia Code 22C-8-2
• Gas operator: means any person who owns or has the right to develop, operate and produce gas from a pool and to appropriate the gas produced therefrom either for that person or for that person and others. See West Virginia Code 22C-8-2
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Judgment: includes decrees and orders for the payment of money, or the conveyance or delivery of land or personal property, or some interest therein, or any undertaking, bond or recognizance which has the legal effect of a judgment. See West Virginia Code 2-2-10
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Just and equitable share of production: means , as to each person, an amount of gas in the same proportion to the total gas production from a well as that person'. See West Virginia Code 22C-8-2
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• 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 reservoir. See West Virginia Code 22C-8-2
• Owner: when used with reference to any coal seam, includes any person or persons who own, lease or operate the coal seam. See West Virginia Code 22C-8-2
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Person: means any natural person, corporation, firm, partnership, partnership association, venture, receiver, trustee, executor, administrator, guardian, fiduciary or other representative of any kind, and includes any government or any political subdivision or any agency thereof. See West Virginia Code 22C-8-2
• Plat: means a map, drawing or print showing the location of one or more wells or a drilling unit. See West Virginia Code 22C-8-2
• Pool: means an underground accumulation of gas in a single and separate natural reservoir (ordinarily a porous sandstone or limestone). See West Virginia Code 22C-8-2
• Quorum: The number of legislators that must be present to do business.
• Recess: A temporary interruption of the legislative business.
• Royalty owner: means any owner of gas in place, or gas rights, to the extent that such owner is not a gas operator as defined in subdivision (13) of this section. See West Virginia Code 22C-8-2
• Shallow well: means any gas well other than a coalbed methane well, drilled no deeper than one hundred feet below the top of the "Onondaga Group": Provided, That in no event may the "Onondaga Group" formation or any formation below the "Onondaga Group" be produced, perforated or stimulated in any manner. See West Virginia Code 22C-8-2
• State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Trustee: A person or institution holding and administering property in trust.
• Well: means any shaft or hole sunk, drilled, bored or dug into the earth or into underground strata for the extraction, injection or placement of any liquid or gas, or any shaft or hole sunk or used in conjunction with the extraction, injection or placement. See West Virginia Code 22C-8-2
• Well operator: means any person who proposes to or does locate, drill, operate or abandon any well. See West Virginia Code 22C-8-2