Ministry of the Environment News Release: Abandoned Well Violation

Amethyst Well Drilling Ltd. Fined $2,500 Plus A Court Order For Restitution Of $6,619 For An Abandoned Well Violation

THUNDER BAY– On July 29, 2011, Amethyst Well Drilling Ltd. pleaded guilty to one violation under the Ontario Water Resources Act for failing to ensure that when abandoning a well, the well, including any annular space, is plugged to prevent any movement of water.

The Court heard that the company constructs potable water wells. The property owner of a residence in the Township of Neebing hired the company to construct a well on the property. In 2009, the property owner contacted the ministry with a complaint regarding the construction of his well since the water was not clear and remained cloudy in appearance.  It was discovered that in January 2008, the owner of the company had attended the site and discovered the casing was not in the bedrock.  In May 2008, he returned to try to repair the well, but the well had collapsed.  The well was not sealed from the bottom as required.  A new well was drilled nearby on the north side of the owner’s driveway.  The second well was drilled in October 2008 and in the process of developing the well, the water pumped remained very turbid, and a sink-hole appeared where the first well had been drilled.

The company was charged following an investigation by the ministry’s Investigations and Enforcement Branch.  The company was fined $2,500 plus a victim fine surcharge and was given 12 months to pay the fine. A court order was also issued ordering the company to pay restitution in the amount of $6,619 by September 30, 2011, for reasonable expenses incurred by the property owner, due to the damage to his property.

Canadian Natural Resources Ltd. found liable for damage to water well

Seismic activity by Canadian Natural Resources Ltd. (CNRL) in 2006 resulted in the loss of production from a water well owned by Robert Somerville, a cattle rancher.  The Provincial Court of Alberta found that CNRL was liable for nuisance as a result of the interference. 

CNRL had failed to pay to Somerville agreed permit fees under a contract for access to his property.  The Court awarded Somerville the permit fee owing of $777.  It did not award Somerville damages for crop loss as it found that this related claim had not been proven.  It also did not award Somerville anything toward the replacement cost of the well.  The Court found that the water well was going to need to be replaced in any event within five to ten years.  Somerville had made an application to the Farmer's Advocate Water Well Replacement Program and had received over $48,000 toward the total replacement cost of about $77,000.  The Court found that this payment exceeded the damages for which CNRL was liable, which would have been approximately $23,000 (based on the interest that could have been earned on the total cost of a new water well over the ten year period that the well was expected to last but for the interference of CNRL). 

Read the decision at: Somerville v. Canadian Natural Resources Ltd.