BAKERSFIELD, Calif. (KERO) — Oil rigs across Kern County are a reminder of the major role energy plays in everyday life. But now, California’s Senate Bill 1137 is raising questions about the future of oil production, property rights and new housing.
“SB 1137 makes it very hard for us to continue to produce. It also makes it very hard for us to rework wells or maintain the property under the terms and agreements with the land owners we were granted as the operators on the property,” said Brett Cooper, a royalty owner.
Senate Bill 1137 establishes a 3,200-foot setback between oil and gas wells and sensitive locations, including homes, schools and hospitals. The law is intended to protect people living near oil and gas operations, but royalty owners say the restrictions could limit production from existing wells.
Royalty owners earn a share of oil and gas revenue without paying drilling or operating costs. However, they say restrictions on oil and gas operations could affect their ability to access and benefit from their mineral rights.
“Under this law, decisions that oil and gas, mineral and royalty owners cannot control can block their ability to access their property. This is a taking of their rights in violation of the Fifth Amendment,” said Ed Hazard, president of the California chapter of the National Association of Royalty Owners.
To address these concerns, the group is asking Kern County to provide affected mineral-rights owners with at least 60 days’ written notice before certain land-use decisions are approved. The organization argues that advance notice would give owners an opportunity to object or pursue legal options if a decision could affect their mineral rights. The group also warns that the county could face legal challenges if those owners are not notified.
“They would then know that something is happening that is going to impact their mineral rights. They would then have a choice to object to that or do whatever they need to do through the courts or through the planning and permitting process,” Hazard said. “This is just a terrible law based on ideology and virtue signaling.”
Supporters of the setback law say its protections are necessary to reduce health risks for people living and working near oil and gas operations.
Cesar Aguirre, with the Central California Environmental Justice Network, said his work inspecting oil wells has shown him the potential dangers of leaks near residential areas.
“I am a certified thermographic inspector and I find leaks that are happening in the oil wells next to homes and fence lines so I know the danger this puts people in and I know that a lot of the reports that I make lead to no enforcement action because of the exemptions,” Aguirre said.
The California chapter of the National Association of Royalty Owners says it wants county leaders to protect property rights while balancing the need for new housing and continued energy production. Members brought their concerns directly to the Kern County Board of Supervisors following the conference.
The debate raises questions about whether California’s oil setback law could also affect where new homes and other developments are built. Royalty owners are urging Kern County leaders to take action while questions surrounding the law and property rights remain unresolved.
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