File No. 2089 Board Order No. 2089-1 ____________________
July 8, 2019 SURFACE RIGHTS BOARD IN THE MATTER OF THE PETROLEUM AND NATURAL GAS ACT, R.S.B.C., C. 361 AS AMENDED
AND IN THE MATTER OF DISTRICT LOT 2512 PEACE RIVER DISTRICT, EXCEPT THE SOUTH 80 FEET (The “Lands”)
BETWEEN: Abe Loewen and Elaine Judith Loewen
(APPLICANTS) AND: Ranch Energy Corporation (RESPONDENT) ____________________________________ BOARD ORDER _____________________________________
LOEWEN v. RANCH ENERGY CORPORATION ORDER 2089-1 Page 2
This is an application brought under sections 164 and 176 of the Petroleum and Natural Gas Act.
The Applicants, Abe Loewen and Elaine Judith Loewen, are the owners of the Lands described as: DISTRICT LOT 2512 PEACE RIVER DISTRICT, EXCEPT THE SOUTH 80 FEET. The Respondent, Ranch Energy Corporation, is the operator of a well site and access road located on the Lands. The Respondent’s right of entry to the Lands for the purpose of operating the well and access road is pursuant to a surface lease (the Surface Lease).
Pursuant to the Surface Lease, Ranch Energy Corporation, is required to make annual payments of $10,000.00 to Abe Loewen and Elaine Judith Loewen. Ranch Energy Corporation failed to make the annual payment required by October 2, 2018.
The Board finds that Ranch Energy Corporation has failed to pay rent owing under a surface lease. Pursuant to section 176 of the Petroleum and Natural Gas Act, the Board determines that Ranch Energy Corporation owes Abe Loewen and Elaine Judith Loewen $10,000.00 in unpaid rent plus interest from October 2, 2018. The Applicants are entitled to costs of this application.
The Board orders as follows: 1. Ranch Energy Corporation shall forthwith pay to Abe Loewen and Elaine Judith Loewn the sum of $10,000.00 plus interest calculated in accordance with the Court Order Interest Act from October 2, 2018.
DATED: July 8, 2019 FOR THE BOARD
_______________________ Cheryl Vickers, Chair