EnCana road dispute leads to court | PostIndependent.com

EnCana road dispute leads to court

Scott Brynildson took his family to Lake Powell last August. When they returned, EnCana had allegedly built an unauthorized road across his property.Thats what Brynildson and his wife, Linda, of Rifle, claim in a lawsuit they filed against EnCana Oil and Gas (USA) in Garfield County District Court on Dec. 15.The Brynildsons are asking for $20,000 for a well pad EnCana built on their property last summer, 45 cents per square foot for road right of way to the site, plus exemplary damages, Scott Brynildson said.I understand they need to get gas out of the ground, Brynildson said Friday in an interview with the Glenwood Post Independent. But they are running over the landowners.EnCana representatives could not be reached for comment.The Brynildsons own 1,100 acres of land, but not the mineral rights, on County Road 315, two miles south of the Interstate 70 Mamm Creek interchange.Co-defendants in the case are Exxon-Mobile and Calpine Corp., according to court documents.The lawsuit names EnCana as the propertys lease operator. In the spring of 2003, EnCana notified the Brynildsons the company intended to create a well pad and drill at least two natural gas wells on the property.EnCana indicated it wanted to build a road to the well pad on the south side of the Brynildson property, through an easement obtained from adjacent landowners Ernie and Anna Cruz. That easement was called the Cruz route. The Brynildsons countered by asking that the road through their property be built along an established route.EnCana stated that using the established route would not be a problem, the lawsuit states.The Brynildsons then put their proposal in writing in August, but EnCana did not accept it.Instead, while the Brynildsons were out of town, or possibly while EnCana was still posturing that it intended to use the established route, EnCana built a new road entering the Brynildsons property using the Cruz route, the lawsuit says.The lawsuit says the 30-foot-wide road runs through a significant stand of cedar trees on a prominent hill, and cuts into the value of the couples property.Brynildson, who owns B&B Plumbing in Rifle, has lived in the area since 1950. We moved here from Kansas when I was 3, he said.He uses his 1,100 acres for mule deer habitat and his family hunts on it, but he does not lease it to other hunters.Although not cited in his lawsuit, Brynildson has two other complaints against EnCana regarding the half-mile road.First, he asked the company to use 3/4-inch gravel road base on the road.They said theyd consider it if they make enough money on the wells, he said.Brynildson also has a problem with the color of the gates EnCana built on his property.One is green, and one is silver, he said. I prefer them to be green … or at least match.Contact Lynn Burton: 945-8515, ext. 534lburton@postindependent.com

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