A woman who has been at odds with energy company Bill Barrett Corp. for years approached the Montezuma County Commission Monday to ask who was responsible for the damages fracking operations caused to her home.
Kathleen Majka, whose home is within walking distance of McPhee Reservoir, had written letters to the Bill Barrett Corp. and has had numerous talks with representatives with the company.
Majkas said she believes an explosion underneath her home was the result of the oil and gas exploration that is taking place within four-tenths of a mile of her home.
She said she was at home at the time of the explosion and described the event as riding a wave. She said the explosion resulted in $39,000 in damages.
Majka previously tried to get either the county or Bill Barrett to purchase her home.
She said the house, built in 2001, was someone elses dream home until she purchased it and made it her dream home four years ago.
She said her window overlooking McPhee was destroyed due to seismic testing, and added the replacement window, which cost $1,200, is already leaking.
The only notice Majka received about the fracking came from letters that stated the operators were coming into town and questioned why the surface owner never notified her, which she claims is required.
Majka said she cannot open the north or east windows of her home due to the toxins that would enter her house.
You are going to have a lot more problems than just me, Majka said at the meeting, and added the activity in June was nonstop, culminating in the June 18 explosion under her home.
I dont know who is accountable, she said, mentioning her insurance carrier does not cover explosions.
Majka said she wants some cooperation from the county and requested an engineer to come out to her home to determine if her home is even safe to occupy.
She added that if she has to pursue litigation it would cost more money because rent and court costs would be included in the lawsuit.
I am not feeling real protected or safe, Majka told the county commission. Its been a nightmare. I thought I would be able to look outside the window. Its leaking like a sieve.
Fracking is a term used for the hydraulic fracturing process to extract, natural gas from shale rock layers deep within the earth.
Doug Dennison, public affairs liaison for Bill Barrett Corp., said he had spoken with Majka numerous times about her concerns.
He said the biggest concern was that there was no documentation that he could take back to the main office, though Majka questioned why she should have to pay for an engineer to inspect the damage to her home.
Dennison said while the company would prefer to handle the concerns, the company realizes that litigation may be the only option at this point.
He conceded that there was an explosion on June 18 at the site, but added it was not out of the ordinary.
At this point I have nothing to go to Denver and say this is what happened to this womans home, he said, adding another factor would be determining if the corporation was to blame. He conceded he had never been to the operations site near Majkas home.
Majka said what is troubling is that no one is accepting responsibility.
She told the commission the corporation is running amuck with no oversight, and presented numerous photos she has taken in the last two to three years.
Its the ground that is moving, she said. Why would I spend all that money (to upgrade the house).
She added that she would have never purchased the home if she had seen a compressor station, which came in after the home sale had been completed.
They may be gone for the year, but they will be back, and my house will not be if there are no repairs made, she said. I do not want to be a poster child. I am not feeling comfortable. I am telling you this was a massive explosion.
County Attorney Bob Slough said the county does not have much of a say in oil and gas exploration since the state legislature gave the authority to the state Oil and Gas Commission.
He said the commission could always set a public hearing to determine if it wants to revoke the permit, but added the state always pulls the strings and Bill Barrett likely has a state permit to operate.
After the meeting, Dennison asked Majka to give him some documentation that he could take back to Denver, and she said she would do that.
On Tuesday afternoon Majka said the documentation has been given to Dennison and that she planned to file a lawsuit against the county, Bill Barrett Corp. or both.
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