Story of Carlyle Jorgensen

Carlyle Glenn Jorgensen (1969-2017) was a key figure in the fight for landowners and farmers in the southwestern part of Manitoba. He was a farmer and aviator and very passionate about taking care of the land. Over and again, he is mentioned in news articles regarding different fights for surface rights issues in Manitoba. On Nov 3, 2012 Jorgensen is featured in the Winnipeg Free Press explaining that there are not enough inspectors to keep up with the oil industry spills in Manitoba. There is a photo of spill that was not adequately dealt with and reports of 97 recorded spills in 2011. A few days later on Nov 9, 2012, Jorgensen is quoted in the Manitoba Co-Operator as saying he reported 3 oil and wastewater spills to the Petroleum Branch that had yet to be dealt with properly.

Then a few months later in May of 2013 this CBC News article has Jorgensen speaking again about his concern about the increase in oil and wastewater spills.

In 2015, Jorgensen took an aerial photograph of a very large spill near his land and close to a stream called Jackson Creek due to a leaking pipeline underground.

Jorgensen also put a large amount of time, money and energy before the Manitoba Surface Rights Board, contesting the right for companies to drill wells on his land. It takes a lot of money to hire a lawyer to represent a farmer in front of the Board but, most often, the fees for such labour are not rewarded to the landowner. One such example is a 2011 board order against T. Bird Oil Ltd.

As can be seen, the Board grants the right to enter to the company along with a payment to the landowner for the surface lease (an initial payment and then annual payments), but no payment for costs incurred. These payments would have occurred during the signing of a lease, Jorgensen was attempting to stop them from entering at all. In Manitoba, the Surface Rights Board has always negotiated Right to Enter. They are tasked to come to what they feel are acceptable conditions for landowners to allow oil and gas companies to drill wells on their land. In other words, they operate on the side of the company to facilitate acceptable entry conditions. In this way, landowners who do not want oil on their land, must have their own mineral rights to stop drilling. If they do not have both surface and mineral rights then they have no choice and little ability to negotiate. Jorgensen appeared enough times before the Surface Rights Board that, when he tragically passed in 2017, the chair of the board at the time left this condolence on an online obituary posted by the Winnipeg Free Press.

“I was saddened to hear of Carlyle's passing. Although my only association with Carlyle was during his appearances before the Surface Rights Board, I always found him to be intelligent, articulate and passionate. His presence will be missed at the Board, and I am sure the same can be said by the community at large. I wish his family and friends sincerest condolences.- Posted by: Clare Moster (acquaintance) on: Apr 27, 2017”

Indeed, Jorgensen’s death was a sorrowful loss in many ways but especially to those concerned about surface rights in southwestern Manitoba, even though there are many others continuing the fight through the MSRA. As one landowner put it, “most people don’t have the fight in them” because of the way the odds in Manitoba are stacked against surface rights owners. Jorgensen certainly did and maybe his story will inspire others.