File No. 2065 Board Order 2065-1amd
SURFACE RIGHTS BOARD IN THE MATTER OF THE PETROLEUM AND NATURAL GAS ACT, R.S.B.C., AS AMENDED
AND IN THE MATTER OF THE SOUTH EAST ¼ OF SECTION 21, TOWNSHIP 25, PEACE RIVER DISTRICT
(the “Lands”)
BETWEEN: ENCANA CORPORATION APPLICANT
AND GARRY BRATT FRANK JOHN BRATT AND JOHN HENRY BRATT
RESPONDENTS
________________________________ BOARD ORDER ________________________________
________________ November 13, 2019
ENCANA CORPORATION v. BRATT ORDER 2065-1amd Page 2
During a telephone mediation conference call I conducted on November 4, 2019, the parties agreed that the amounts of partial compensation found in Order 2065-1 are final compensation.
The Board replaces the word “partial” with “final” in paragraph 2. The Surface Rights Board orders: 1. Upon payment of the amounts set out in paragraph 2, Encana shall continue to have the right to enter and access the portions of Lands shown outlined in red on the Individual Ownership Plan attached as Appendix “A” as necessary for the purpose of operating and maintaining a riser in accordance with the Oil and Gas Commission.
2. As final compensation Encana shall pay the following compensation with respect to the riser to the Respondents, GARRY BRATT, FRANK JOHN BRATT AND JOHN HENRY BRATT: a. the sum of Nine Hundred Dollars ($900.00) equally divided among the Respondents as annual compensation, whereby the anniversary date for the annual compensation will be October 10; and
b. Two Thousand Six Hundred Dollars ($2600.00) equally divided among the Respondents as additional compensation owing.
3. This order replaces the previous Lease dated October 10, 2008. The Lease dated October 10, 2008 between Encana and Elfrieda Bratt shall be terminated effective as of the date of this Order, pursuant to s. 167(1) and (7) of the Petroleum and Natural Gas Act.
4. Nothing in this Order operates as a consent, permission, approval, or authorization of a matter within the jurisdiction of the Oil and Gas Commission.
DATED: November 13, 2019
FOR THE BOARD ________________________ Robert Fraser, Mediator
ENCANA CORPORATION v. BRATT ORDER 2065-1amd Page 3
Appendix “A”