Beware of Brine Leases

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Beware of Brine Leases

Thu, 04/13/2023 - 21:26
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Letters to the Editor BRINE LEASES - Beware.

Please publish this warning And also call the public’s attention to a real scam that is circulating in our community.

The renewables industry (solar and wind power) has launched a full scale attack on Northeast Texas. We realize that when we see airplane and drone photos of miles of solar panels stretched across thousands of acres in Red River and Lamar Counties. And see miles of chain link fencing running for 7 miles along our county line with Hopkins County. And now we can review the public plans for installation of similar fencing across miles of our county’s lands.

Opponents of this devastation have concerns regarding large lithium batteries disclosed for installation in Franklin County to allow the industry to deliver at night. Think in excess of lM batteries over just the coming 12 years - each larger than a truck battery. We ask for disclosure of plans for disposition of spent batteries. At this time essentially all batteries and panels come from China and our tax dollars flow oversees. So our federal government decides to further subside the industry and subsidizes manufacture here.

Apparently some company proposes a battery plant in Dallas. And that’s where we come in.

Last week I saw my first Brine Lease. I’ve been in Franklin County for over 40 years. This is a first. And then multiple clients bring them in for review covering land along I-30 starting over in Titus County, running through Franklin and stretching into Hopkins.

Various leases seem to differ in payment terms; all seem to run for 15 years. We are not talking huge money. Top I’ve seen was $40.00 per acre; most seem to be at $20.00 or even $5.00 - per year; nothing larger but surely uses the land.

What is the use? If you get a lease, read Article 1. All are the same. The right to drill and produce brine; to pump in water; use “forced subterranean movement”; to pump it out, AND the right to lay piplines, construct roads, and establish other facilities on, over and across land owned by the Lessor.

Look at Article 5: “In no event shall Lessee be liable to Lessor for failure to protect the leased premises from drainage or removal of brine and its contents, and said royalties so payable shall be in complete compensation for any drainage or removal of brine from the land hereinabove mentioned.” What???

Our landowners don’t need or want this operation. We didn’t agree to the destruction of our land through salt saturation across the surface and the potential for sinkholes created when the salt formations are disrupted and dissolved or for tremors following fracking operations.

These offers are along an Interstate highway? Renewables are an unregulated industry. Johanna Deal brought me the proposals she received and authorized release of the documents to alert our public of these offers. Similar to the solar panel leases, the lease agents don’t want disclosure or public discussion. Johanna’s land is just to the side of the Lowe’s center. Is our golden goose employer aware of this proposed neighboring mining operation. What is the impact or potential impact. Where does the brine sludge go after the lithium is extracted?

We asked our county commissioners for a moratorium on foreign solar development. The foreign companies are starting to operate through American subterfuge. We need a moratorium until we have answers. We do not need an elderly widow signing away her property rights without realizing the extent of the fine print in the “brine lease.” We need protection of our public which Commissioners are authorized to take.

Our State Senator Bryan Hughes is co-sponsor of Senate Bill SB624 seeking oversight for operation and clean-up over the renewables industry parallel to the oversight we place on oil and gas operations. Let’s even the playing field. Our federal tax dollars are subsidizing renewables as the industry destroys our countryside. We need SB624 adopted this session.

If you check the userfriendly webside for the Texas Senate you open the link to a senator, insert an e-mail and punch send. Even I can navigate this one. And you can call Senator Hughes and leave a message of support: 512-463-0101. And please thank the bill’s author and offer support: Senator Lois Kolkhorst of Brenham: 512-463-0118. Our North Texas Senator Bob Hall also shares our concern: 512-463-0102.

We need protection of our land and heritage. Say something now. It matters that we never fall silent. There is no escape from consequence from failure to act. B.F. Hicks Of Franklin County