In any case where title to subsurface minerals has been severed in such a way that title to natural gas underlying such tract and title to coal underlying such tract are in different persons, it shall be an affirmative defense to any action for willful trespass arising from the drilling and commercial production of methane from any coal seam underlying such tract, that the operator of such well permitted, drilled and completed such well under color of title of any instrument, deed, or lease for oil and gas purposes from the gas owner, or an instrument, deed or lease for coal mining purposes from the coal owner.
Structure West Virginia Code
Chapter 22. Environmental Resources
Article 21. Coalbed Methane Wells and Units
§22-21-1. Declaration of Public Policy; Legislative Findings
§22-21-4. Chief; Powers and Duties Generally
§22-21-5. Duties of the Coalbed Methane Review Board; Meetings; Notice, Powers and Duties Generally
§22-21-7. Consent and Agreement of Coal Owner or Operator
§22-21-8. Performance Bonds; Corporate Surety or Other Security
§22-21-10. Procedure for Filing Comments
§22-21-11. Objections or Comments to Coalbed Methane Wells by Coal Owner or Operator; Hearings
§22-21-13. Review Board Hearing; Findings; Order
§22-21-15. Drilling Units and Pooling of Interests
§22-21-18. Operation on Drilling Units
§22-21-19. Validity of Unit Agreements
§22-21-21. Dry or Abandoned Wells
§22-21-24. Existing Mining Rights