CHARLESTON — Fears that an administrative change in the oversight of oil and gas drilling could open the floodgates for Marcellus shale operations were disputed Tuesday by Sen. Mike Green.

Before the Senate was SB238, which Green described as simply an effort to clarify “an internal conflict” with the Department of Environmental Protection in oversight and regulations between a shallow well review board and the Oil and Gas Conservation Commission.

Green, D-Raleigh, acknowledged there have been claims this will alter the definition of shallow wells, in turn, opening the door to Marcellus shale drilling.

In recent weeks, the Surface Owners Rights Organization, through its president, David McMahon, has charged the bill is merely an effort to allow drillers to set up along a homeowner’s land and suck gas from the Marcellus shale.

“Marcellus shale is currently defined as a shallow well and will remain a shallow well,” Green insisted on the Senate floor.

But McMahon provided a transcript from a proceeding before the Oil and Gas Conservation Commission in which Marcellus shale was defined in no uncertain terms as a deep well.

Judiciary Chairman Jeffrey Kessler, D-Marshall, quizzed Green about the prospects of drillers pulling gas from private property.

“I’m very confident this will have no effect on that,” Green replied.

“That form is called forced pooling and forced pooling is part of deep well. Again, the Marcellus shale will remain as a shallow well.”

Sen. Randy White, D-Webster, sought in vain to offer a clarifying amendment so no doubts would linger.

Upwards of 360,000 acres in his home county are owned by large out-of-state corporations while locals own 5- and 10-acre slivers between their tracts, White said.

Without his amendment, he maintained, the big corporations could grab the gas and run, taking royalties that should go to his constituents.

No one there could share in much of the mineral wealth until discovery of the Marcellus shale, he said.

“I know my folks were kind of excited,” he said.

“For the first time, the small landowner supposedly is to have an opportunity to share in some of the wealth that’s been underneath their land for generations.”

White said the Senate cannot wait, as Green suggested, to come back later with clarifying legislation.

“I want to make sure that is in the law and in this bill to make sure these people can share in that,” he added.

Green was asked again about the status of the Marcellus shale and told Sen. Dave Sypolt, R-Preston, it would remain a shallow well.

White was the lone dissenter in the 31-1 vote.

— E-mail: mannix@register-herald.com