CHARLESTON — West Virginians who do not own the mineral rights beneath their land may have very few rights to protect them from the oncoming boom of the natural gas industry.

Drillers, lawmakers and residents of West Virginia are preparing themselves for increased development of the Marcellus shale gas industry. The large gas deposit is being hailed by some as the next wave of energy in the state and a potential economic boost for West Virginia.

As a relatively new industry, there is little currently on the books to regulate gas drillers. West Virginia lawmakers are drafting legislation now to regulate and support the industry, and surface owners want to make sure their rights are also protected.

Dave McMahon, lawyer, co-founder of the West Virginia Surface Owners’ Rights Organization and author of the West Virginia Surface Owner’s Guide to Oil and Gas, said West Virginia should learn its lesson from the problems the state has had with coal.

“We shouldn’t make the same mistakes we made with coal,” McMahon said. “We should make sure our citizens get a fair share of the money that is made, and it shouldn’t leave behind the problems coal has left behind. We need good legislation to carry that out.”

Among environmental concerns, those in the area of natural gas wells may suffer several problems as a result of drilling. McMahon said WVSORO is working to make sure the rights of surface owners are crafted into regulation and law early in the process.

“Surface owners are, of course, concerned about having the driller respect the fact that the surface owner does have some rights, and the driller’s not supposed to do whatever they want,” McMahon said.

Currently, the permitting process does not give landowners a fair warning of a drilling company’s intention, he said. Gas drillers should have to talk with surface owners before the bulk of the permitting process is done, and legislation should give them incentive to do so.

“Current laws only give notice to the surface owner of what the gas driller has already planned to do 15 days before the permit can issue,” McMahon said. “We think they should come out to talk to us first.”

Other concerns for landowners, McMahon said, include soil erosion, sediment control, groundwater contamination and other things. Additionally, damage to roads and the potential for accidents are also concerns for land owners.

He also added that there are not enough inspectors to enforce existing regulations.

Currently, WVSORO is working with lawmakers to ensure all of the needs of West Virginia landowners are addressed.

WVSORO maintains a website that provides surface owners with further information at wvsoro.org.

— E-mail: tkuykendall@register-herald.com