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Ch 1 Accumulation Ownership & Conservation..........................................................................11 Accumulation.......................................................................................................................... 11 Law (Rule) of Capture and Private Ownership.......................................................................11 Rule of Capture................................................................................................................... 11 E ceptions to Rule of Capture.........................................................................................11 Champlain E ploration v. !estern "rid#e.......................................................................11 $e as American.............................................................................................................. 11 %eo &i'in#....................................................................................................................... 11 $rail Enterprise................................................................................................................ 1( )tatewide )pacin# Rule in $e as.......................................................................................1( *el +onte +inin# & +illin# v. Last Chance +inin# & +illin# (old law).................................1( ,ell- v. Ohio Oil . Rule of Capture allows /oundar- line drillin# (old law)...........................1( Radial $heor- of *raina#e .............................................................................................1( Production 0nit............................................................................................................ 11 2um/le Oil & Refinin# Co (2ORCO now 'nown as E on) v. !est (e traneous #as)........11 interstitial spaces......................................................................................................... 11 People3s %as v. $-ner (fracin# within /oundar- of own land is o'a-)..................................11 %eo &i'in# v. $e 4Lee (fracin# that crosses lease line is a trespass).................................11 !rons'i v. )un Oil (correlative ri#hts 4 #reat /lac' letter law) (1565 . +7) .........................11 Correlative Ri#hts........................................................................................................11 Correlative Ri#hts Rule................................................................................................11 Elliff v. $e on *rillin# (RoC e ception8 lia/ilit- for ne#li#ent production).............................19 $he )urface and +ineral Estates ($he "undle of )tic's in the +E)....................................19 +ineral Estate "undle of )tic's in $:..............................................................................19 $ownship......................................................................................................................... 19 Conservation.......................................................................................................................... 1; Larsen (RRC is tas'ed with protectin# correlative ri#hts)....................................................1; Pattie............................................................................................................................... 1; E on v. RRC.................................................................................................................. 1; "ottom 2ole Pressure.....................................................................................................1; Allowa/les....................................................................................................................... 1; Proration 0nits................................................................................................................ 1; Pic'ens (1<< rule)............................................................................................................... 1; *enver Producin# & Refinin# (RRC allocation of allowa/les must /e reasona/le).............1; Ch ( $he Oil & %as Lease......................................................................................................... 1= Purpose of O%L..................................................................................................................... 1= O%L................................................................................................................................ 1= Conversion *ate............................................................................................................. 1= Primar- $erm.................................................................................................................. 1= Ro-alt-............................................................................................................................ 1= "onus.............................................................................................................................. 1=
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Oil & Gas (Jones) Spring 2008 Ch 1 Accumulation Ownership & Conservation
Accumulation
1. Oil reservoir . area of reservoir roc' literall- soa'ed with liFuid oil & #as with ceilin# cap roc' to 'eep oil in the reservoir. $his is a trapB which prevents the oil from mi#ratin# out of the reservoir roc'8 the trap forms first. E ploration is a/out findin# the traps. a. >aults (a /rea' in the formation) and anticlines (an archli'e up fold) control the movement of O&% throu#h the roc'. (. E ploration is the search for economic accumulations of oil & #as. 1. +ust esta/lish the ownership interest in the oil & #as /efore drillin# can /e#in. a. Oil & %as Lease is used to do this. /. Landowners have the ri#ht to e tract & produce O&% on their propert- /ut /ecause of costs usuall- lease these production ri#hts to a production compan-. 9. +ud . is drillin# fluid . waterB cla- and chemicals8 used to maintain pressure in the formation. ;. Pressure sin' is created /- the well /ore8 it is an area of low pressure which induces well fluids into the well /ore. >racturin# treatments can /e used to create more flow. ! A"ter O&G is severe# "rom the groun#$ it %ecomes personal propert&! 't %ecomes a (goo#) an# thus is su%*ect to the +CC an# the law o" contracts!
4el 5onte 5ining & 5illing v! 6ast Chance 5ining & 5illing (ol# law)
1. 2e who owns the surface owns the s'- a/ove and ever-thin# /eneath. Owner of >) of soil owns all /elow the surface limited /- the surface /oundaries. 9. Owner owns su/surface minerals that are contained within his propert- /oundar- lines (up to the ima#inar- line that represents his propert- line). ;. E tralateral ri#hts allows the vein to e tend /e-ond -our /oundar- and still /e considered -ours (the vein starts on -our land and ends on another3s land)
7ell& v! Ohio Oil 8 ,ule o" Capture allows %oun#ar& line #rilling (ol# law)
=. Rule of capture allows construction of wells on propert- line even thou#h the radial theor- of draina#e means oil will come from nei#h/or3s land. 7t does not matter that the landowner has the e press purpose of drainin# the oil from under adKoinin# landowner3s land. A le#al activit- conducted on -our own land re#ardless of intent is not actiona/le. !hen a person has the le#al ri#ht to do a certain actB the motive with which it is done is immaterial. 6. A landowner ma- permissi/l- e tract o@# /eneath another3s land where all operations for the e traction are lawfull- conducted on his propert-.
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;um%le Oil & ,e"ining Co (;O,CO now 9nown as -..on) v! <est (e.traneous gas)
1. Ro-alt- is not due a landowner who owns the ro-alt- ri#hts to native #as produced from the land for e traneous #as that is reinKected into the formation for stora#e and to preserve the value of the formation for stora#e and then removed. !h-V a. $he e traneous #as is personal propert-. /. $he surface estate includes the interstitial spaces in the roc' (the matri of the underl-in# earthCe.#.B the reservoir stora#e space). . $he mineral estate is Kust the o@# that adheres in the spaces.
0eople=s Gas v! 2&ner ("racing within %oun#ar& o" own lan# is o9a&)
1. An owner ma- shoot his well (increase the num/er of fractures ) to increase its permea/ilitas lon# as he is upon his own propert- and does so within an- limitations@restrictions imposed /- law (e.#.B nuisance lawB due re#ard for ri#hts of others) or /- the )tate (under its police powers) (. 2-draulic fracture stimulation . inKection of fracin# fluid to create fractures8 propa#ation of the fluid creates pressure which causes fractures and increases the flow of o@#.
Wrons i v! "un Oil (correlative rights ? great %lac9 letter law) (1@A@ 8 5')
1. Correlative rights . the ri#ht of ever- propert- owner overl-in# a common reservoir to produce his fair share eFuivalent to the amount of o@# under his land and to prevent other propert- owners from violatin# that ri#ht). $a'in# of more than -our allotment (set /- the police power of +7) is conversion of personal propert- (not trespass /ecause the oil had /een severed). a. Correlative ri#hts rule . those individuals over a common source of suppl- have the ri#ht to produce their fair share8 proportion of each owner3s acrea#e over the field acrea#e.
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2he Sur"ace an# 5ineral -states (2he Cun#le o" Stic9s in the 5-)
1. $wo estates in land? surface estate & mineral estate. a. 5ineral -state in 2e.as has D ( ) stic9s in its %un#le o" rights i! ,ight to e.plore$ %ore & pro#uce 8 most valua%le right ii! -.ecutive right 8 right to e.ecute written agreements w!r!t! the mineral estate (o3g leases$ seismic leases) A! 6easehol# interest is the right gaine# when e.ecute an o3g lease! iii! ,ight to %onus 8 the amount pai# when to e.ecute an o3g leaseB a #ollar "igure per acreB it is the consi#eration "or e.ecuting the lease iv! ,ight to #ela& rentals 8 pa&ments "or #ela& in #eveloping the minerals! v! ,ight to ro&alt& 8 real propert& interest that is noncorporealB cost "ree percentage or "ractional share o" the procee#s "rom pro#uction! vi! ,ight o" reverter 8 when #ischarge the e.ecutive right (e!g!$ e.ecute an o3g lease which is a "ee simple #etermina%le) the reverter goes %ac9 to the lessor! <hen OG6 terminates$ mineral estate reverts to lessor automaticall&! /. Each ri#ht is a fee interest that can /e separatel- ownedB devised and descended (. $ownship . surve-in# method for la-in# out propert- linesB each section is =9< sF acres (1 sF mi)8 )urve-s descri/e the land in )E $: /- metes & /ounds (#eo#raphical and artificial mar'ers are used to descri/e propert- /oundaries) (descri/ed in varas . unit of measurement eFual to the distance traveled /- a particular wa#on wheel in )pain . 1(.11J . close to a -ard /ut not Fuite)
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4enver 0ro#ucing & ,e"ining (,,C allocation o" allowa%les must %e reasona%le)
;. $he RRC imposition of allowa/les is su/Kect to reasona/leness anal-sis . a Kust and reasona/le e ercise of administrative power is valid. a. An allowa/le imposed for conservation purposes and to maintain pressure in the field is reasona/le. 7f reasona/le and supported /- sufficient evidenceB the allowa/le is valid.
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Oil & Gas (Jones) Spring 2008 Ch 2 2he Oil & Gas 6ease
Purpose of OGL
1. Producers DD lease samples8 9@6= & 6@=5 a. OG6 is a #ee# granting a "ee simple #etermina%le in the mineral estate. O%L is a deed to the oil & #as in place. 2he lessor #oes not own the minerals an&more. 7t is called a lease /ecause of primar- terms and secondar- terms and dela- rentals. 7t is a warrant- deed to a fee simple determina/le in the mineral estateB which is separate and distinct from the surface estate. So/ applies to OG6 %ecause it is a conve&ance o" real propert&! /. /ee simple #etermina%le with right o" reverter means that Ias lon# asJ@ Iso lon# asJ the conditions of the deed are metB the lessee maintains his ri#hts in the minerals. '" the lessee "ails to meet the con#itions$ the estate automaticall& en#s an# reverts to the grantor. c. $he date on the lease is the conversion date. A,A Anniversar- *ate. d. OG6 is construe# against the lessee /ecause the lessee (the O@% compan-) is normallthe drafter. $his is unli'e a residential lease where normall- the lease is construed a#ainst the lessor. e. OG6 loc9s up the e.clusive right to e.plore$ %ore an# pro#uce in the lessee! O%L conve-s the ri#ht to the o@# and the ri#ht to produce it. $he lessee 'eeps this ri#ht for a num/er of -ears Ithe primar- termJ /efore he has to do an-thin# to produce. f. O%L severs the mineral estate from the surface estate. (. ,o&alt& is a ri#ht to the proceeds of production8 right to a "raction o" the gross receipts "or the sale o" pro#uction "rom the propert&. ,o&alt& is not ownership o" the o3g itsel"! 1. 6essor is pai# a %onus per acre "or e.ecuting the lease. "onus is li'e a down pa-ment and the ro-alt- is li'e installment pa-ments when the lease /ecomes productive.
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;unt Oil v! 7er%augh (4ominant 5ineral estate has right to use servient sur"ace estate as reasona%l& necessar&)
(. ,ule? $he mineral estate (dominant) has the ri#ht to use so much of the surface as is reasona/l- necessar- to effectuate e ploration and production. Lessor does not have the ri#ht to prevent the lessee from reasona/le use of the )E.
6imits on the use o" the servient estate %& the #ominant estate n! 2$ p1H ? 1E1
1! ,easona%l& necessar&I (so much o" the servient (sur"ace) estate as is reasona%l& necessar&!) (. $he Accommodation *octrine 1. Lessee4producer can3t /urden a nei#h/orin# estate with mineral operations when there are no mineral operations /- that same lessee on the nei#h/orin# estate. a. $he O%L is limited to the /oundaries of the land descri/ed in the lease. 'o(inson v 'o((ins &etroleum )note case%p&'(" *perations must (e limited to that premises. /. E.#.B pa- nei#h/orin# land owner T @ rod to la- a pipeline across his land to move minerals from the leased premises to the main transit pipeline. 9. )urface use must /e related to e traction of minerals. ;. Police powerB state statutesB cit- ordinances and #ov3t re#ulations ma- limit the easement ri#hts of the mineral owner or lessee.
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SchwartFen%erger v! ;unt 2rust -state (technical compliance with ;C is re:uire#Jright amount$ right time$ right persons$ right manner)
9. A dela- rental a#reement reFuires lessee to pa- the ri#ht people the ri#ht amount at the ri#ht time or the lease automaticall+ terminates. a. Lease lan#ua#e can /e used to create Isafe har/orsJ to prevent automatic termination . e.#.B #ood faith@/ona fide attempt to ma'e the dela- rental pa-ment /. $ Rule . p (( 44 7t is well settled that with the usual IunlessJ leaseB a failure of the lessee either to /e#in a well or to pa- the dela- rentalsB ipso %acto terminates the lease on the date set out for the action and the estate reverts to the lessor without the necessit- of reentr-B declaration of forfeitureB or le#al action. i. +ust have an e press clause to create an e ception for %> effort.
Creau. v! Apache Oil (p1A8) (meaning o" operations 8 su%stantial preparations "or #rilling in goo# "aith an# with #ue #iligence)
;. IOperationsJ is not limited to actual drillin# /ut includes preparations to drill8 )ta'in# the location for a well is pro/a/l- sufficient to /e considered to have commenced IoperationsJ as lon# as further action occurs within 5< da-s and continues and does not cease for anperiod lon#er than 5< da-s. a. Courts are ver- li/eral with respect to commencement /ut ver- strict w.r.t. dela- rentals.
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Stanolin# Oil & Gas v! Carnhill (2N?pro#uction in pa&ing :uantities re:uires actual severance3sale)
1! 2N ,ule 0a&ing :uantities means actual severance an# sales (to the #ownstream si#e o" the wellhea# an# mar9ete#$ not *ust store# in a tan9)B there are no pa&ing :uantities unless there is some revenueB #iscover& o" o3g is not enough to continue the lease! a! 2his is a con#ition not a covenantB lease terminates i" not complie# with! /. O7 rule sa-s that capa/ilit- to produce is sufficient to 'eep the lease active. i. 2N rule i" the ha%en#um clause sa&s so lon# as Io@# can %e producedJ instead of so lon# as Io@# is producedJ then that means capa/ilit-. (Anadar'o v. $hompson)
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.Produced/ Overview
1! 0ro#uce# means (pro#uce# in pa&ing :uantities) which means (severance an# sale) o" the o3gB 2wo step test "or terminating lease i" pro#uction ceases a. Revenue G operatin# costs over at least a -ear3s time (does not include initial drillin# costs or depreciation of those costs)8 if revenue X operatin# costsB first pron# for termination is met. i. Stanolind v. Barnhill ($:). production without sales is not sufficient. A. $: capa/le of production in pa-in# Fuantities is not sufficient to continue the lease durin# the secondar- term (1) Recent $: ) Ct 44 7f lease clause sa-s Ias lon# as o@# can (e producedJ capa/ilit-@potential is sufficient to maintain the lease. ". Pac' v. )anta >e +inerals . O, 4 capa/le of production in pa-in# Fuantities is sufficient to continue the lease durin# the secondar- term /. RPO test . would the RPO continue to invest in ma'in# production. c! 6essor will want to terminate the leaseB lessor %ears the %ur#en o" proving the two elements
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,ogers v! Os%orn (restarting operations a"ter 2CO0 violate# #oes not e.ten# lease)
!ell 1 was not a dr- hole /ut neither was it a producer so clause 1 of para#raph ; does not appl-. !or' on !ell ( after end of primar- term and after !ell 1 shut4in not a/le to allow lease to continue. Rewor'in# of !1 e tended lease past primar- term /ut when shut in durin# secondar- termB lease terminated. !( could not revive.
0erlman v! 0ioneer 6t# 0ship (unilateral #ecision that pro#uction is impossi%le is insu""icient to trigger a "orce ma*eure clause)
1. * pleads force maKeure /ecause the !-omin# re#ulations prevented him from cheapl+ recoverin# oil in the water drive field. (. %overnment re#ulation was in the >+ clause /ut * did not liti#ate@administrative procedure the issue with the /oard to #et a final denial of his process for the field. 2e unilateralldecided to stop tr-in# after he was initiall- told other permits would /e necessar-. 2e was
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Ro+alt+ pa+ments
1. $hree part ro-alt- clauses a. Oil ro-alti. 7n 'ind deliver- or moneii. E.#.B lessor #ets 1@D of that oil produced and saved from the land or lessee ma- /uthe oil at mar'et price prevailin# on the date of purchase. /. %as ro-alti. Onl- moneA. )ale at the well on the lease ". )ale off the lease ii. Lessors want to pa- the same ro-alt- whether the #as is sold on or off the lease A. %as sold off the leaseB e . 1@; of the mar'et value at the well or proceeds less certain costs iii. 5ar9et value at the well . term of art 4 iv. E.#.B !hen sold /- lessee 1@D of the amount realiEed /- lessee computed at the well8 if off the lease 1@D of amount realiEed from the sale of #asoline or other /-products e tracted and 1@D of the amount realiEed from the sale of the residual #as v. )hut4in #as ro-alt- clause c. Other minerals ro-alt-
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2a9e or pa&
7illam Oil v! Cruni (sE1) (ro&alt& is not #ue ro&alt& owners on ta9e or pa& pa&ments)
1. $a'e or Pa- clauses assure an income stream to the producer re#ardless of actual severance and sale. Producer must dedicate its total production from those wells to the /u-er and the /u-er must /u- a Fuantit- that represents a certain percenta#e of the total production or pa- for the amount not ta'en. 7f the /u-er has to pa- /ecause he fails to ta'e the minimumB he can reduce the /ill owed in the future when he ta'es more than the minimum to ma'e up for the amount he alread- paid. (. 2e.asI pa&ments ma#e un#er a ta9e or pa& clause are not constructive pro#uction an# so no ro&alt& is #ue the ro&alt& interest owners! A%sent an actual severance an# sale o" the minerals$ there is no pro#uction! A ta9e or pa& pa&ment is a pa&ment "or not pro#ucing so a ro&alt& is not #ue! A shut4in ro-alt- clause ma- appl- /ut the ta'e or pa- pa-ment is not a /asis for the amount of the shut in ro-alt-Cthe shut4in ro-alt- pa-ment is usuall- a fi ed pa-ment /ased on the dela- rentals.
Alame#a v! 2ransamerica 1atural Gas (,' owner not #ue ro&alt& on #amages "or %reach o" ta9e or pa& clause?a%sent a speci"ic clause in the lease)
1. Court cites to ,illamCta'e or pa- a#reements are pa-ment for non4production so R7 is not entitled to an- part of the settlement of the /reach of that a#reement. R7 #et paid onl- on actual severance and sale. 2a9e or pa& agreements are consi#eration "or #e#ication o" suppl&$ not "or pro#uctionCan a#reement /etween the producer and the pipeline compan-B not the producer and the lessor@R7 owner. a. 7n LA under the $ara ruleB ro-alties are due on ta'e or pa- pa-ments %! 6essors now inclu#e a ro&alt& clause that sa&s (6essors are entitle# to their percentage o" ro&alt& on ta9e or pa& pa&ments or settlements!)
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4ivision or#ers
1. A *ivision Order is /indin# until revo'ed. A division order is an e ecutor- accordB not a contract. 7t is a statement to the lessor /- the pa-or (producer) of what lessor will /e paid. a. 7t is an a#reement while -ou are in e ecution of a contract that is /indin# on /oth sides. 7f -ou si#n the *OB -ou #et paid what is listed in the *O until revo'e it. OtherwiseB -ou are /ound /- the pa-ments made until revocation. /. ) Ct sa-s *O are an e ecutor- accord and /indin# until revo'ed unless unKust enrichment results to the lessee. Lessee here was unKustl- enriched /- 6@1=.
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,eme#ies "or "ailure to pa& ro&alties 8 Caanan (CoA "or #amage$ not cancel)
>ailure to pa- ro-alties is not #rounds to cancel an oil & #as lease unless pa-ment is e presslmade a condition of continuin# the lease. >ailure to pa- ro-alties creates a cause of action for dama#es in the lessor.
,o&alt& pai# on pro#uction a"ter su%tracting gas use# %& 6- in pro#uction (/ree Gas Clause)
1. Pro/lem a. 5<B<<< mcf n#@month T5 L TD1<B<<< /. %as is at ;<< l/@sF in8 must /e /oosted to Y 1<<< l/@sF in to enter the pipeline. $hus he must compress the #as8 he compresses at 6;< l/@sF in i. $he compressor uses 1<< mcf@da-8 5<<< mcf@month c. 5<B<<< . 5<<< L D1B<<< net mcf@month d. Ro-alties paid on the D1B<<< /ecause para 1 of the O%L is a standard provision Iro-alton oilB #as and coal shall /e computed after deductin# an- ZoilB #asB coal[ used /- the lesseeJ i. $he ro-alt- is paid after the amount of o@# used /- the producer on the lease is deducted from the #ross production so on the D;B<<<. (. I>ree #asJ clauses . let the lessor have free use of #as
7mplied Covenants
1. 7mplied covenants a. Are not in writin# (address terms and conditions the parties did not a#ree on) /. Are implied /- necessit-8 court will impl- a covenant if it finds that the parties would have addressed the issue with such a covenant if the- had thou#ht in detail a/out it or could have foreseen the issue. c. Are not implied into leases that have e pressl- addressed the issue in the O%L. (. 7mplied covenants are implied in fact in $e as (so issues of implied covenants are a Kur-@factfinder Fuestion). $he- are implied in law in other states. 1. 7mplied covenants a. $o develop the premises . initiall- drill and further develop as an RPO /. $o protect the leasehold . act to protect as an RPO c. $o mana#e and administer the lease
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4rainage
Amoco v! Ale.an#er (2N 1@81) 'mplie# Covenant to protect against 4rainage (local & "iel#?wi#e)
1! 6essee has a #ut& to its lessor to protect against "iel#?wi#e #rainage as a ,0O! a! 2here is no #ut& unless such an amount o" oil can %e recovere# to e:ual the cost o" a#ministrative e.penses$ #rilling or rewor9ing an# e:uipping a protection well$ pro#ucing an# mar9eting the oil an# &iel# to the lessee a reasona%le e.pectation o" pro"it! %! P+ote case in 1@80 8 implie# a covenant to mar9et in goo# "aith an# "air #ealing i! A"ter Ale1ander$ the stan#ar# is not G/3/4$ it is ,0O 8 no #ut& to act unless operator can ma9e a reasona%le pro"it! (. Ori#inal oil in place (O7P) . the amount of oil in place under a leased premises /efore a well is drilled8 important to 'now for a unitiEed field /ecause that allows a determination of percenta#e of production due each ro-alt- owner.
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Sun -.ploration & 0ro#uction v! Jac9son (pD@S) 'mplie# Covenant to /urther -.plore (not in 2e.asRR)
1. E plore L wild cat (e plorator- drillin#Cli'e a /o of chocolatesCnever 'now what -ou3re #oin# to #et) (. *evelop L step out (a well drilled near a well that produces profita/l-)8 use Icloseolo#-J to drill another well near/H! 2here is no implie# covenant to "urther e.plore in 2N! ,0O Stan#ar# "or #evelopment applies! a. Cli%ton v. .unt1 . production in $: is severance & sales in pa-in# Fuantities8 implied covenant to develop and drillin# additional wells. /. $here is no 7C to Iroll the diceJ. 7f an RPO would do seismic studies elsewhere on the lease to determine if o@# in pa-in# Fuantities mi#ht e ist thereB then operator has that dut-.
;-C' v! 1eel (no 'C o" notice o" suit %& 6, to 6- %e"ore sue 6-)
1! 'n 2N$ there is no 'C re:uiring a lessee to give notice to the lessor o" its intent to sue or actual commencement o" a suit against an a#*oining lessee! a! 6essors must e.ercise reasona%le #iligence in protecting their interests! %! 'ssue preclusion i. ,es *u#icata 8 litigation that has alrea#& #eci#e# an issue preclu#es %ringing that same issue up again in another litigation!
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:or the e1am2 need to now the #eneral contents of the two oil 4 #as leases
1. (. 1. 9. ;. !hat does the ro-alt- clause provideV +ar'et value at the well\what does that meanV !hat are dela- rentalsV !hat are shut in #as ro-alties (constructive production)V !hat are operationsV !hat is force maKeureV 7mplied covenants8 implied in factB not li#htl- impliedCmust /e o/vious the parties intended to include themCimplied out of necessit- to effectuate the intent of the a#reement. =. Covenant to develop 6. Covenant to protect8 e ceptionsCe press provision overrides an implied covenantCe cept for an e press offset provision not in compliance with law and #ela& rental will not trump #ut& to #evelop! D. *ili#ent operation reFuired.
2&pe o" estate in the 2N %un#le o" stic9s in the 51. >ee interest in the +ineral estate in $: includes these = ri#hts (stic's in the /undle) a. E ploreB produceB in#ressB e#ress . use of surface as reasona/l- necessar- to effectuate the #rant. i. $his is a correlative right o" the e.ecutive right. !hen the e ecutive ri#ht is e ercisedB the e@p@i@e ri#ht is correlative to that e ercise. /. E ecutive ri#ht . separate feeB non4possessor- interest c. "onus . separate feeB non4possessor- interest d. *ela- rentals . separate feeB non4possessor- interest e. Ro-alt- . separate feeB non4possessor- interest f. Ri#ht of reverterCnon4possessor- until the O%L determinate condition occurs (. All of the stic's in the mineral estate can also /e separatel- severed (conve-ed)
5cSwe&n v 5usselshell Count&$ 52(2ST mineral interest (wor9ing interest) v! 2ST ro&alt& interest)
1. (QR mineral interest /ears (QR of operatin# costs /efore he can #et an- return from the minerals8 (QR ro-alt- interest #ets (QR of the proceeds free of the costs of production (drillin#B completin#B eFuippin# & operatin#). (. $husB a mineral interest can /e worth less than a ro-alt- interest /ecause a +E does not #et real profit until the costs of operatin# are recouped.
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Altman v! Cla9e (i" use (in an# un#er) it is a 5' no matter what else might %e reserve#)
1. 1@1=th in and under (+7) 2! 2his was #etermine# to %e a mineral interest %ecause o" the (in an# un#er) languageB once a mineral interest$ alwa&s a mineral interest$ even though other inci#ents o" the 5were also conve&e#!
Pa#e 1;
Review
1. 10,' 8 a ro&alt& interest without the e.ecutor& right$ the #ela& rental right or the %onus right a. $he ri#ht to develop is a correlative ri#ht and passes with the e ecutive ri#hts. (p1;6 fn. 9) $he e ecutive ri#ht is reall- a fee interest (*a- & Co v. $e an).
"hared ownership
1. $enants in Common or Co4tenants a. !a-s of formin# co4tenanci. *ecedent dies without a will8 interest in land passes /- intestac- to each heir8 the heirs are co4tenants . the- hold undivided eFual interests in the land /. *oes a co4tenant have the ri#ht to e ecute an O%L without the Koinder of his other co4 tenantsV
0rairie Oil & Gas v! Allen (non?operating co?tenant in the 5participates in net procee#sB pa&s his share o" #evelopment costs in proportion to 5-T)
1. *oes a co4tenant in the +E have a ri#ht to an- of the revenue on the oil produced from the lease e ecuted /- another co4tenantV a. All co4tenants have eFual ri#hts to develop the minerals. (. $he operating co?tenantB must provide an accounting to the non?operating co?tenants for the net proceeds. a. net? Hon4operatin# co4tenant3s R of the +E is used to calculate his share of the development costs and his share of the net proceeds per month of production. 1onOp gets no procee#s until his share o" #evelopment costs is pai# o""! 1. 7f operatin# co4tenant drills a dr- holeB he /ears the entire sun' costs. $he operatin# co4 tenant develops at his own ris'B cost and e pense8 cannot demand a share of the e penses from the non4operatin# co4tenants. a. $he operatin# co4tenant can /e a 1R +E owner. (2e ta'es 1<<R of the ris' for a mere 1R of the proceedsCpro/a/l- not a #ood /et) 9. An operatin# co4tenant cannot prevent another co4tenant from also e ecutin# an O%L. a. Ro-alt- paid /- an operatin# co4tenant is not shared /- a non4operatin# co4tenant so the non4operatin# co tenant3s share is calculated off the gross procee#s less net operating Pa#e 1= (64>e/419 15?91?<< a(@p(
-arp v! 5i#?Continent 0etroleum (p! HA1 n! A) (co?tenants ma& e.ecute separate OG6sB proportionate re#uction clause ensures the& onl& get ro&alt& on the T o" 5- that each owns)
1. Proportionate reduction clause. (n. 1B p. 1=D) . reduce a purported full owner3s lease /enefits to the R he actuall- owns. Avoids pa-in# full lease /enefits to a fractional owner. a. $he O%L lessee pa-s the mone- for the fractional interests to the state. After 1 -earsB the mone- escheats to the state. $he state pu/lishes a list8 if -our name is on itB -ou can #et -our mone-.
5osle& v! ;earrell (co 5- owners can see9 to partitionB operating agreements must %e in writing %ecause the& a""ect an interest in the lan# (So/ applies))
1. $: rule? can force a partition if have eFual di#nit- of titles and co4e tensive ri#hts throu#hout the land to /e partitioned (possessor- interestB Koint ownership) (. P see's to partition the interests8 P had an a/solute ri#ht to partition /ecause his estate was eFual to *3s estate.
<el%orn v! 2i#ewater Associate# Oil (li"e tenant & remain#erman ma& not e.ecute an OG6 in#ivi#uall&)
1. Rule? $he lease /- a life tenant alone is waste of the remainder estate and is invalid. (. Rule? A lease /- the remainderman alone is a trespass. 1. Life tenant and remainderman must e ecute O%L to#ether. 7f L$ & R e ecute O%L to#etherB the L$ #ets the interest on the ro-alt- and R #ets ro-alt- when L$ ends. )ame #oes for the /onus.
;&nson v! Je""ries (pH80) (treatment o" lease %ene"its %etween 6- an# remain#erman)
1. CL Rule a. Ro-alt- represents principal so it is not income8 it is deposited on an account and #oes to the remainderman on the death of the life tenant /. 7nterest on the ro-alt- is income to the life estate
Pa#e 16
3ermina6le 7nterest
1. $ermina/le interests a. Ro-alt- deed (HPR7Cno e ecutive ri#htB dela- rental or /onus) Conve-ance reservin# R of minerals for S -ears or as lon# as oil and #as is produced. 7f no o&# produced with S -earsB the interest /ecomes void. (. Archer Count- v. !e// (shut4in #as ro-alt- will not continue a HPR7 unless the O%L deals with shut4in #as ro-alt- for HPR7). >or an HPR7 to continueB there must /e actual production.
81ecutive Ri#ht
5ims v! Ceall (owner o" e.ecutive rights has a pseu#o?"i#uciar& #ut& to 10,' hol#erJno sel" #ealing to re#uce 10,'=s procee#s)
1. 2older of e ecutive ri#ht has a sort of fiduciar- dut- to the holder of HPR7. +ust acFuire for the non4e ecutive ever- /enefit that he e acts for himself. E ecutor cannot self4deal to reduce the HPR7 holder3s proceeds. HPR7 holder can #et e emplar- dama#es for /reach of this dut-. 2! 2he 10,' is not entitle# to %onus or #ela& rental!
6uec9e v <allace (e.ecutive right owner cannot maneuver to re#uce 10,' owner=s %ene"its) 'n re Cass (no implie# covenant to #evelop or "i#uciar& #ut& to #evelop i" no OG6B 10,' ;ol#er cannot "orce an OG6 to %e e.ecute#)
1. 2older of e ecutive ri#ht (who purchased the +E from the HPR7 owners) refuses to e ecute an O%L8 HPR7 owners3 interest are thus valueless.
Pa#e 1D
Cean v! Cean (power o" attorne& to sell the propert& #oes not inclu#e severance an# sale o" the mineral estate via OG6 onl&)
1. *a- & Co v. $e land . the e ecutive ri#ht is a fee interest in real estate
Other )inerals
5oser v! +S Steel Corp! (para 1 o" the OG6) (meaning o" other minerals pre? an# post?June 8$ 1@8H)
1. 7s uranium an Iother mineralJV +osers sa- no8 %efferts sa- -es. a. Court found minin# the uranium did not destro- the surface so it was part of the mineral estate. /. ,ee# ' . if su/stantial Fuantities of the mineral lie so near the surface that e tractionB as of the date of severance of the surface and mineral estatesB would necessaril- have destro-ed the surfaceB the surface owner has title to the mineral (it is not part of the mineral estate)8. c. ,ee# '' near surface means within (<< ft of the surface (. 2N ,ule IOther mineralsJ shall /e defined usin# its Iplain and ordinar- meanin#J8 court finds uranium is a mineral a. A severance of minerals in oilB #as and other minerals clause includes all su/stances within the ordinar- and natural meanin# of that wordB whether their presence or value is 'nown at the time of severance. 7ncludes coal. /. 2hings part o" the sur"ace estate as a matter o" law that are not conve&e# in the term (oil$ gas an# other minerals) i. Hear surface li#niteB iron ore and coal (not coal #reater than (<< feet down8 coal at this level is consi#ere# part o" oil$ gas an# other minerals) ii. )and iii. %ravel iv. Caliche v. !aterB salt water vi. )urface shale vii.Limestone & /uildin# stone c. $he holder of the O%L can use these su/stances in producin# O&% without havin# to pa- the surface owner for their use /ut he cannot sell these su/stances. 1. 2his hol#ing is onl& e""ective prospectivel& "or OG6 e.ecute# a"ter June 8$ 1@8H! >or this caseB the Reed 7 & 77 definitions still appl-. a. $he limitation on the dominant mineral owner3s lia/ilit- for ne#li#entl- inflicted dama#es does not control in a #eneral conve-ance of other minerals. <hen #ealing with the rights o" a mineral owner who has ta9en title %& grant or reservation o" an unname# su%stance$ lia%ilit& o" the mineral owner must inclu#e compensation to the sur"ace owner "or sur"ace #estruction! Pa#e 15 (64>e/419 15?91?<< a(@p(
Amoco 0ro#uction v Southern +te (coal #oes not inclu#e coal?%e# methane gas as an (other mineral))
(. (coal does not include coal4/ed4methane under Coal Lands Acts of 15<5B 151<) (Amoco v. )outhern 0teB 0) 1551) (holdin# that Con#ress^ intent in 15<5 prevailsB not scientific 'nowled#e)
Amarillo Oil v! -nerg&JAgri (phase severance 8 separation o" oil rights "rom gas rightsB OG6 to one lessee "or oil3casinghea# gasB OG6 to another lessee "or gas)
1. Casin#head #as is #as produced from an oil4producin# well (1 //l oil /efore produce 1<< mcf of #as) (. %as is #as produced from a #as4producin# well (produce less than 1 //l oil per 1<< mcf of #as)8 if have at least 1 //l of oil for ever- 1<<B<<< cu ft of #asB it is an oil well. 1. Casin#head #as is produced from an oil stratumB not a #as stratum. 7f -ou perforate the casin# of an oil well into a #as stratumB that perforation /ecomes #as well at that stratum. 9. RRC has no authorit- to decide title (ownership of #as) or land disputes or contractual ri#hts /etween parties.
4uhig v! 0eav&?5oore (reservations in successive warrant& #ee#s must account "or all prior reservations plus the amount to %e reserve#)
1. Greatest possi%le estate ruleI A deed conve-s the #reatest possi/le estate unless limited. *uhi# had Q to conve-8 P+ thou#ht it was #ettin# Q so that is what P4+ is due. (. +ust ta'e the prior reservation into account when conve-in# fractional interests. +ust e plicitl- state in the deed what the /u-er is #ettin#. 1. Caveat vendor . Iseller /ewareJ . a warrant- deed warrants that the /u-er is #ettin# what the deed sa-s he is /ein# conve-ed. E! -NA5I A *uhi# issue arises when there is a series o" warrant& #ee#s conve&ing "ractional interests! <arningI *uhi# #oes not appl& to oil & gas leases %ecause o" the proportionate re#uction clause inclu#e# in the leases!
Pa#e 9<
/i.ing 4uhig
1. *uhi# could have conve-ed the surface estate onl- to 'eep Q +E. (. )char/auer could have reserved ;@D of the minerals to #et his 1@D +E. 1. Even if the parties 'now a/out the prior reservationB the 2uhig rule applies the same. A reservation includes the prior reservation8 it is not e clusive of it.
Acoma v! <ilson (even i" grantee 9nows a%out the prior reservation 4uhig still applies)
1. %R reserves =.;R R7 !ilson who #ets all e pB e ecB /onusB *R and 51.;R of ro-alt(. !ilson mineral #ee# for 1@D portion Leach 1. 7ssue? does Leach have 1@D of 51.;R or 1@D of D@D of ro-alt-V a. Leach 'new a/out the prior reservation in %R /. )ince !ilson could conve- a 1@D interest in all of the ri#htsB that is what he warranted. 7t does not matter what the /u-er (Leach) 'new a/out the prior reservation8 2uhig applies
Pa#e 91
2e.as Co v! 0ar9s (ro&alt& is "or lan# #escri%e#$ not whole tract i" G, onl& owns a portion %ut #oes not #escri%e the whole tract)
1. $he land descri/ed was not the whole 1(< acre section8 it was the %R3s undivided Q interest in the west half of the whole tract. $he O%L was for the Q +E the lessor had in his undivided interest in the Q section (1=< acres). (. T1=<@-ear *R was for the %R3s undivided Q interest in the half section.
J ;iram 5oore v! Greer (Catchall clause3+niversal Clause will not inclu#e large tracts o" lan# not properl& #escri%e# in the conve&ance)
1. Catchall clause? 7n addition to the a/ove descri/ed landsB it is the intent of this instrument to conve-B and this conve-ance does so includeB all of %R3s R7 & ORR7 in all o@#@other minerals in the a/ove named count- or countiesB whether actuall- or properl- descri/ed herein or notB and all of said lands are covered and included herein as full-B in all respectsB as if the same had /een actuall- and properl- descri/ed herein. (. $e as Rule? such a phrase can onl- conve- small interests that are clearl& contemplate# within the more particularl& #escri%e# conve&ance and the- are not effective to conve- a si#nificant propert- interest not adeFuatel- descri/ed in the deed or clearl- contemplated /-
Pa#e 9(
Concor# v 0ennFoil (O1 2;- -NA5) (mineral #ee# with con"licting granting clause an# su%*ect to clause conve&e# a 1312 5' consi#ering #ocument as a whole an# not as two separate estates o" #i""ering siFes)
1. %rantin# Clause . a 1 of O%L (e.#.B Q mineral interest) (. 2a/endum Clause . allows lease to continue durin# the primar- term on pa-ment of *R 1. )u/Kect to Clause . if made conve-ance and had an O%L that preceded the conve-anceB the %E would have no interest in the /enefits of the O%LB onl- an interest in the ri#ht to reverter a. $his conve-ance is su/Kect to (dependent to or part of) the O%L. 9. 0nder a t-pical lease providin# for a 1@D ro-alt-B the LR ma- thin' the interest retained is 1@D of the minerals includin# 1@D of the ro-alties. $his is a misconception. A lease conve-s a >)4 determina/le with the possi/ilit- of reverter. !hen the LR owns all the mineral estate (D@D) and e ecutes an O%LB the LR has conve-ed all the mineral estate (D@D) /ut has retained a possi/ilit- of reverter in the entire mineral estate (D@D). i. E.#.B a _ ro-alt- O%L still conve-s all of the minerals to the LE /ut LR retains a _ ro-alt- (cost free share of the proceeds of production) ;. /uture 6ease Clause 8
6uc9el v! <hite (G- ha# ,' onl&$ no e.ecutive power) (granting clause is a "loorB "uture lease clause applies is "uture lease provi#es greater %ene"its)
=. %rantin# clause 1@1(nd R7 6. 2a/endum Clause 1@1(nd dela- rentals D. Su%*ect to O%L & _ of the /enefits under the e istin# O%L @! /uture lease clause 8 U o" the %ene"its o" an& "uture OG6! a. A new OG6 has ,o&alt& o" 13 B #oes granting clause control to onl& allow G- 13H2 n# ,' or #oes the "uture lease clause control to allow 132Eth ,'M 2he 2. S Ct sa&s the Pa#e 91 (64>e/419 15?91?<< a(@p(
,ati"ication v! ,eviver
1. Ratification . can occur onl- with respect to a lease whichB althou#h intended to /e /indin#B contains some defect in draftin# or e ecution8 (were not a part- ori#inall- /ut are now approvin# it) (. Revived . a lease which has alread- terminated can onl- /e revived8 it cannot /e ratified. 7n a senseB it is e ecutin# a new lease with same terms.
1onapportionment #octrine
Japhet v 5c,ae (non?apportionment #octrine applies to ro&alties un#er an OG6 that was e.ecute# %e"ore the tract was ph&sicall& #ivi#e#)
&! 3he non-apportionment doctrine applies to divided interests in a parcel under an e1istin# OGL! When +ou su6divide land after a lease2 ro+alties are not apportioned> the+ 6elon# to the owner of the parcel of the su6divided tract on which the well ph+sicall+ e1ists! (. $he non4apportionment doctrine does not appl- to un#ivi#e# interests in a parcel under an e istin# O%L. 1. C;,O1O6OGV 'S '50O,2A12I 7f land is divided into and sold in ph-sicall- separate tracts after an O%L has alread- /een e ecuted on the whole parcelB the tract owner that can #et the O%L lessee to drill on his tract #ets all of the ro-alt-. a! A##ress this issue %& inclu#ing some sort o" clause in the #ee# #ealing with the ro&alties3 rentals an#3or the mineral interest! (e!g!$ entireties clause) %! 4rill site tract gets all the ro&alties a%sent an entireties clause!
Gilcrease v! Stanolin# Oil (entireties clauseI when a 6- has OG6 over #i""erent tracts an# there are su%se:uentl& multiple tract owners$ 6pa&s ro&alt& to each in proportion that each=s interest %ears to the total lease# premises)
1. "an' owns Q +E in H! _ and D@Din the HE _ (. "an' conve-s Q of its 5- in H! _ to % and ` of its 5- in the HE _ a. % has _ and ` respectivel1. )tanolind had an O%L with 1@D ro-alt- over /oth H! _ and HE _ parcels (the whole H() prior to division. 9. )tanolind drills /oth parcels. $he H! _ is a /etter producer than the HE _. ;. 7ssue? *oes % have Q of 1@D ro-alt- on the whole Horth 1@( O, ` of 1@D on HE _ and _ of 1@D on H! _V Answer? $he former8 ro-alt- is paid on the production from the whole leased tractB irrespective of the num/er & location of wellsB in proportion to +7 ownership.
Pa#e 99
2op 6easing
;amman v! Cright (a top lease violates ,A0 i" it sa&s it is e""ective upon termination o" the %ottom lease %3c the %ottom lease ma& not e.pire "or K 21 &ears)
1. A top lease is a lease e ecuted while there is an e istin# O%L. 7t ta'es effect when the /ottom (e istin#) lease e pires. (. *oes a top lease violate the RAPV a. 7t does if the lease does not presentl- conve- the possi/ilit- of reverter to the new LE. $he #rant is void a/ initio (from the /e#innin#)Cthe #rant has no effect. i. *on3t sa- Ithe top lease /ecomes effective upon termination of the /ottom lease.J ii. )a- Iis #ranted for a primar- term of 1 -ears and /ecomes effective within (< -ears 5 months from now.J I$his lease shall /ecome effectiveB if at allB on or /efore Z(1 -ears from now[8 upon /ecomin# effectiveB it shall have a primar- term of 1 -earsB etc.J /. $he possi/ilit- of reverter is a vested interest that is Kust not currentl- possessor-. 7t is the ri#ht to a mineral estate upon the termination of the O%L (when the >)4* determines). PoR is a vested ri#ht under the law8 the LR owns it as soon as the O%L is e ecuted. i. )prin#in# e ecutor- future interest can violate the RAP.
0hillips 0etroleum v! 0eterson (p@2?S) (,A0 not violate# %& a unitiFation clause %ecause that clause #oes not conve& an interest)
Pa#e 9;
;O,CO v! 7ishi (i" OG6 e.pires$ 6- commits trespass i" he continues to enter the propert&)
1. <hen OG6 e.pires$ continue# entrance on the propert& %& the "ormer lessee is trespassB #amages amount is the mar9et value o" the right to e.plore that the 5- owner coul# have gotten "rom a new lessee ha# the trespass not occurre# .
Pa#e 9=
0hillips 0etroleum v! Cow#en (it is a geoph&sical trespass to con#uct seismic operations on the lan# without the agreement o" the 5- ownerB agreement o" S- owner is not su""icient)
1! 't is a geoph&sical trespass to con#uct seismic operations upon the lan# in which the 5owner owns the minerals without the agreement o" the 5- owner! a. (seminal case8 in this caseB the operator actuall- went onto P3s land) (. $ail . the far ends of a (* seismic ima#e a. +ust #et at least three #eophones into the arra- /efore the data is #ood 1. 2alo . the outer rin# of a 1* seismic #rid a. +ust #et out a/out a mile /efore -ou #et ro/ust seismic data E! 0 ma& waive the tort an# sue in assumpsit a! Assumpsit means (#amages "or use an# occupanc& o" the real propert& or a right o" wa& that coul# %e measure# %& a mar9et rental value!
-#war#s v! 6achman (pD1@ n! 1) (su%sur"ace trespass is %a# "aith trespassingB 0 gets 100T o" procee#s "rom the wellB 4 cannot recover an& #rilling costs)
1. !ith directional drillin# that causes trespassB who owns the productionV 't is a su%sur"ace trespass$ so the owner o" the minerals su%*ect to trespass gets 4AS measure# un#er the rule o" %a# "aith trespassingJall o" the procee#s (100T) "rom the well are #ue the plainti""! 4 cannot recover an& o" the costs o" #rilling$ e:uipping an# operating the well .
Pa#e 96
;unt v! ;1G Oil Co (costs "or recompletion o" a well are recovera%le when goo# "aith trespass occurs a"ter OG6 un#er which well originall& complete# e.pires %ut not costs "or originall& completing the well)
1. 2H% continues operation in #ood faith after its O%L ends8 it recompletes the dr- hole well into a producer after the term ends. 2H% can recover the costs of recompletion onl-8 not costs of ori#inal completion /ecause it was a valid lessee at that time.
;amman v Cright (Slan#er o" 2itle? "ailure o" 6- to release the lease when the OG6 terminates)
1. Lease terminates if well is not producin# at end of primar- term. Lease cannot /e sustained /- pa-in# shut4in #as ro-alt- on a well that is not capa/le of producin# #as in pa-in# Fuantities. Once lease endsB the lessee has a dut- to file a release of lease. (. 7f release not filedB lessor ma- have an action for slander of title if the lease is not released. = elements to slan#er o" title actionI a. 7nterest in the propert/. *ispara#ement of title (cloud on the title . the e pired O%LB in this case) c. Pu/lished (recordation of the lease) d. +alice . in the sense of deli/erate conduct without reasona/le cause (not ill will or evil intent) (no malice if have reasona/le /elief title ma- /e not #oodCSante 4e Energ+). e. *ama#es@special dama#es . (will #et consideration promised in the loss of sale and -ou still #et the propert- free of clouded title8 this is the punitive aspect of this CoA) f. Loss of sale . provides the /asis for dama#es (an actual loss of new lease) H! 4i# not pursue trespass action %ecause there was no pro#uction "rom the well!
4ie#erich v! <are (a"ter severance$ A0 o" 5- re:uires actual pro#uction an# severance o" the minerals "or the limitations perio#)
1. $he +E ma- /e possessed /- AP if the AP actuall- produces the minerals. +ust penetrateB occup- and produce the mineral estate for the reFuisite limitations period. $he AP #ets possession of all the minerals in the +E covered /- the O%L (constructive possession) 2! A"ter the 5- is severe#$ to A0 the 5-$ must actuall& pro#uce an# sever the minerals!
1atural Gas 0ipeline Co o" America v! 0ool (when OG6 terminates$ OG6 (wor9ing interest) on 5- ma& %e e.ten#e# through A0 %& pro#ucer that simpl& continues pro#uction "or the limitations perio#)
1. Ho evidence of a sudden mechanical /rea'down which is normall- reFuired to tri##er $COP. Hon4production occurred for some other reason durin# intermittent periods. (. Court said assumin# lease has terminatedB the lessee #ained a/ilit- to e tend the O%L (the wor'in# interest) throu#h AP /- continuin# production for the limitations period after the O%L terminates. H! 2he lessee=s intent was to A0 the wor9ing interest given %& the OG6 (a leasehol# interest)$ not the whole 5- even though the 5- is what the lessee was a#verse to once the lease terminate#!
Pa#e 95
Coo9 v! -l 0aso 1atural Gas (since the O,,' is carve# out o" the wor9ing interest$ the O,,' owner has stan#ing to sue "or en"orcement o" the implie# covenant to prevent #rainage)
1! Can Coo9$ the O,,'$ sue to have the implie# covenant to protect against #rainage en"orce#M Ves! a. $he ORR7 is carved out of the wor'in# interest /. El Paso ar#ues force maKeure (impossi/ilit- /@c 0)%) sa-s can3t drill on ! Q) i. Court reKects & sa-s compensator& ro&alties are an alternative to #rilling an o""set well. ii. Compensator& ro&alt& pai# on the percentage o" pro#uction coming "rom the < S. (. A common lessee has a dut- to protect all lessors and assi#nors. 1. 7n $e asB the RPO standard applies (no dut- to drill offset unless RPO would and could ma'e mone- doin# so)8 no notice /- the wron#ed part- to the common lessee is necessarthat draina#e is occurrin#.
6essor ,ights against an assignee (some OG6s re:uire approval %e"ore assignment)
1. $rafal#ar 2ouse Oil & %as v. *e 2inoKosa . lessee did not #et approval for an assi#nment8 dama#es were assessed for the lessor a#ainst the lessee
Pa#e ;<
,i#ge Oil v! Guinn 'nvestments (wash out non pro#ucing assigne# lessee %& terminating the lease on the pro#ucing hal" o" a metes & %oun#s (ph&sicall&) #ivi#e# assigne# lease)
1. *oes $COP appl- to situations other than Inecessaril- unforeseen and unavoida/leJ stoppa#e events such as when a lessee intentionall- shuts off production for 5< da-s and does not pa- a shut4in ro-alt-V Court #oes not answer this :uestion. 2! 2erminating the lease (%& 6, & 6- entering into a new lease on the same propert&) on the pro#ucing hal" o" a metes & %oun#s #ivi#e# assignment e""ectivel& terminates the lease on the non?pro#ucing hal"$ unless the other hal" starts operations within the @0 #a&s! a! A renewal an# e.tension clause might have save# Guinn=s interest "rom washout!
"upport A#reements
1. Contri/ution letter . other O%L lessees a#ree to Ifinanciall- supportJ another lessee in drillin# a well to a specified depth (a'a /ottom hole contri/ution a#reement) (. *r- hole letter . an a#reement with O%L lessees where/- the lessees a#ree to pa- T: if the well is a dr- hole8 if it is not a dr- holeB the a#reement ma- reFuire the driller to share information /ut the other lessees ma- not have to ma'e an- contri/ution.
:armout A#reements
1. >armor assi#ns interest in an O%L to a farmee in e chan#e for testin# and drillin# on the lease. (. A common form of a#reement /etween operators where/- the owner of a lease (the farmor) not desirous of drillin# at the time a#rees to assi#n the leaseB or some portion of it (in common or in severalt-) to another operator (the farmee) who is desirous of drillin# the tract. $he essence of the farmout is earnin# the lease /- drillin#. >armor a#rees to #ive somethin# to farmee in e chan#e for the farmee3s drillin# a well. a. IPa-outJ L the costs of drillin#B completin# and operatin# the well. $he farmor can then trade his override for a ;<R /ac'4in interest and e termination of the ORR7. $he ;<R Pa#e ;1 (64>e/419 15?91?<< a(@p(
5artin v! 4arc&
1. Construction of a contri/ution letter or dr- hole letter case where the lessor was ro//ed of an a/ilit- to #et an override
<estlan# Oil 4ev! Corp! v! Gul" Oil Corp! (-NA5 ver& important) (a purchaser is %oun# to "ollow up on ever& recital in a #ee# that ma& a""ect his chain o" title)
1. Areas of mutual interest a#reement . producers a#ree that if an- one of them acFuire an O%L in the A+7 the- will offer the other producers the percenta#e that the producers own in the A+7. (. $wo issues a. Hotice . did reference to the farmout a#reement indirectl- in the operatin# a#reement #ive notice to C&,B )uperior & %ulf a/out the ri#hts of !estland. i. A purchaser is /ound /- ever- recitalB referenceB and reservation contained in or fairl- disclosed /- an- instrument which forms an essential lin' in the chain of title under which he claims. %! So/ ? An A5' agreement must satis"& the So/!
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5&2 'nc v! /uel ,esources 4ev! Co (non?op lia%ilit& "or costs goes %e&on# the A/- to actual reasona%le costs incurre#)
1. An A>E is onl- an estimate of costs. 7f costs #o overB the consentin# non4ops are still lia/le for the overa#e as lon# as the additional e penses are reasona/le. a. 7t is no e cuse if the non4op can3t afford the additional e penditure. 7f another Ielection pointJ comes upB the non4op can #o nonconsent at that point and participate no further. i. I*r- hole election pointJ is the initial election point and is eFuivalent to Idrillin# to total depth ($*)J . this is what the A>E is t-picall- forCdrillin# to total depth8 this does not include election points coverin# completion costs such as well lo#B casin#B complete. 2! 1oteI '" Op #rills a #r& hole a"ter all non?ops go non?consent$ the Op %ears all the ris9 an# e.pense o" the #r& hole!
5Can9 v! <estwoo# -nerg& (e.pen#itures & lia%ilities o" parties??liens an# pa&ments)
1. A AoA lien is superior to /an' lien if the AoA shows up in the /an'3s chain of title. $he /an' is on notice to investi#ate further. (. $he AoA Op #ets a securit- interest in the non4ops share of the o@# production & eFuipment to satisf- an- de/ts the HonOp owes the Op.
Cloc9er -.ploration v! /rontier (lia%ilit& o" 1onOps i" Op #e"aultsB cre#itor cannot reach non?ops= personal assets)
1. $here was no AOA /ut a potential +inin# Partnership a. Elements of a +inin# Partnership (if +P foundB all partners are Kointl- and severall- lia/le for all partnership o/li#ations) i. Aoint Ownership ii. )hare in profits & losses iii. Aoint Operation
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2e.star 1orth America v! 6a## 0etroleum (properl& given nonconsent is not a %reach o" JoA)
1. !ithholdin# consent when L had a le#al ri#ht to does not /reach the AoA or an- other le#al dut-. a. *oes not matter if L withholds consent /ecause it does not want oil to /e drained from L3s other wells in which it owns a lar#er percenta#e. (. $here is no implied covenant of mutual cooperation /ecause there is an e press provision in the contract that #overns the situation (rewor'in# of a producin# well e pressl- reFuires consent of all the parties)
>alence > 4orsett (meaning o" >!C!1 notice provisions "or consent3nonconsent)
1. $he time period for decidin# consent@non4consent does not impose a development moratorium on the operator. 2e can commence operations whenever he wants to. $he consent time period is a constraint on the non4operator for choosin# whether to consent or not. Automatic non4consent if no decision within the time period and non4consent penaltwill appl-. (. Hon4consent penalt-Op #ets to recover its investment and then 1 times more /efore it has to pa- the nonconsentin# Hon4Op. 1. $he nonconsent penalt- is not a liFuidated dama#es clause.
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Amoco 0ro#uction v! Action <ell Service (6- lia%ilit& "or negligence o" #rilling contractor)
1. Overview of Rates a. On a Ida- rateJ the O%L lessee ta'es the ris' that the drillin# contractor will encounter pro/lems. /. On a Ifoota#e rateJ the drillin# contractor ta'es the ris' that he won3t /e a/le to advance the drillin#. c. $he Iturn'e- rateJ (fi ed fee /id) . usuall- in an area the driller is intimatel- familiar with ('nows the ris's and the costs for that formation) (. $ Civ Prac & Remedies Code M 1(6.<<1 . $e as Oilfield Anti4indemnit- Act . if en#a#ed in a mineral propert- contractB -ou cannot have indemnit- unless it is supported /- insurance. 1. $ Civ Prac & Remedies Code M 5;.<<1 . owner (an owner of a propert- with a ri#ht to controlB can /e held lia/le for inKur- to person on that propert-)8 an owner of O%L is an owner. '" owner 9nows o" a haFar# an# "ails to warn o" it an# e.ercises control over the contractor$ the person can sue the owner. 9. Amoco pa-s the decedent3s famil-3s claim and then see's indemnit- from Action per its contract of indemnification. Action was to carr- insurance to cover this ris'. 7n H+ this sort of contract is a#ainst pu/lic polic- (no insurance provision in their statute). a! 'n 2e.as$ this contract woul# have %een vali#! A mutual in#emnit& o%ligation is vali# to the limits o" the insurance or :uali"ie# sel"?insurance each part& agrees to provi#e$ so long as amounts are e:ual! ;. E press ne#li#ence . indemnit- /- a person a#ainst -our own ne#li#ence must /e conspicuous.
Ch
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,&an
1. $he producer is entitled to allowa/les that allow him to ma'e a profit. (. After rule 16 attachesB onl- one owner of the X9< acre parcels can #et an e ception to drill a well.
;al%out&
1. After rule 16 attachesB Kust can3t #et a permit. 9. $he previous cases are all historical and no lon#er applica/le. ;. +ineral 7nterest Poolin# Act #overns small tract pro/lems toda-.
Accomplishin# Poolin#
/rench (communit& lease 8 multiple lan#owners voluntaril& sign the same OG6B communit& lease in 2e.as creates a presumption that the 6,s have poole# their interests)
1. Lease covers (9< acres (. Communit& lease #ets multiple landowners to si#n the same O%L. $his creates a Ipooled leaseJ. All parties were in para 1 as lessors and the properties were properl- descri/ed and conve-ed under one O%L. $husB pro#uction an&where on the poole# acreage is pro#uction un#er the lease an# the lessors share in the pro#uction in the proportion o" their acreage to the total. 1. Poolin# situations a. 0nit . small part of O%L is contained in the unitB the well is off the O%L i. 7f the O%L contains an unitiEin# clause and if complete the well 9@1@<6 and the O%L e pires on 9@1;@<DB that well will sustain the lease (the operations in the unitiEed area are considered operations on the O%L even if the well is not actuall- on the O%L) /. 0nit . the O%L is wholl- contained in the unit /ut the well is off the O%L c. 0nit . the O%L is partiall- contained in the unit and the well is on the O%L d. Para 9 of the =5 O%L covers poolin#@unitiEation
Jones v! 7illingsworth (improper pooling can result in loss o" lease %3c pro#uction in the invali# pool is not pro#uction on all the leases in the pool)
1. )alutar- effect of poolin# from lessee3s standpoint is that the lessor3s lease ma- /e terminated if poolin# done improperl-. (. RRC permitted certain siEed units /ut did not prescri/e specificall- siEed units e cept for a minimum of D<. E press provision in the lease allowed poolin# of acrea#e up to the amount
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2ittiFer v! +nion Gas (i" OG6 sa&s pooling not e""ective until the unit #esignation is recor#e#$ then #rill site tract gets all ro&alties until recor#ation)
1. *rill site tract had a well on the pooled leases turned to sales on +arch (6B (<<<. (. Au#ust 6B (<<<B unit desi#nation of pooled units was filed in the count1. 7ssue? in the unit #esignation$ language trie# to ma9e the poole# unit e""ective with "irst salesB not on recordin# date (si#ned under oath and then recorded in the count-). E! <ho gets the ro&alt& %etween 5arch 2A & Aug A when the #esignation was "ile#M a. $he #rill site tract owner gets 100T o" ro&alties from the sales durin# this period /ecause the pooling provision in the lease states that the unit desi#nation is not effective until recorded. Parties intended that poolin# was not effective until recorded. /. After the desi#nation is recordedB pooled lessors@ro-alt- owners #et prorata ((acreage in their lease# tract3total acreage in unit) . ro&alt& "raction) share.
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S- 0ipeline v! 2ichace9 (pooling can %e use# to #ischarge the implie# #ut& to protect against #rainage)
1. Poolin# dischar#es his implied dut- to protect a#ainst draina#e as to these O%L tractsB (. $hree optionsB to dischar#e implied dut- to protect a. Release the acrea#e /. *rill c. Pool 1. 7f the driller pools in #ood faithB the lessee is relieved of the o/li#ation to reasona/l- develop each tract separatel-B or to drill off4set wells on other tracts included in the unit to prevent draina#e /- a well on one or more such tracts. 9. 7f the unit is drainin# non4pooled leased acrea#eB still have an implied covenant to develop as an RPO. (further development must economicall- via/le . lessee can ma'e a profit) a. 7n order to recover for a /reach of the dut- to protectB a LR must present proof (1) of su/stantial draina#e of LR3s land and (() that the RPO would have acted to prevent the draina#e.
Cennion (a mineral co?tenant is not su%*ect to a non?consent penalt& "or not pooling his interestB he pa&s his "air share o" the costs o" pro#uction the same as an& other co?tenant)
1. 0$ allows imposition of a non4consent penalt- (1;<R 4 (<<R) on mineral co4tenants who refuse to voluntaril- pool. LE had a lease for all the tracts in a production unit /ut not for the "ennion tract. (. $e as does not have such a statute. 7n $e asB "ennion would have Kust /een a mineral co4 tenant and would not have /een penaliEed for non4consent.
Voung%loo# v! Seewal# (the current wor9ing interest owner has the responsi%ilit& o" pa&ing O,,' not the prior wor9ing interest owner)
1. !ho had responsi/ilit- to pa- the overridin# ro-alt- interestV $he person(s) who currentlowns the wor'in# interest is responsi/le for pa-in# the ORR7B not the person who previouslowned it.
Carson v! ,,C (5'0A o" 1@ 1) O1 2;- -NA5 (a "air & reasona%le o""er to pool must %e ma#e %e"ore 5'0A can %e use# to "orce pooling)
1! ,e:uirements "or when &ou can invo9e 5'0A
a. )eparatel- owned mineral tracts part of a common reservoir. /. +ineral tract owners do not a#ree to pool. c. )uch action /- the RRC would avoid the drillin# of unnecessar- wellsB protect correlative ri#hts or prevent waste. d. $he reservoir was discovered su%se:uent to 5arch 8$ 1@ 1. Pa#e ;D (64>e/419 15?91?<< a(@p(
8ffect of Poolin#
-""ect on 6essee=s Operations
Ci%ler Crothers 2im%er v! 2o*ac 5inerals (0ugh ClauseJan OG6 is onl& preserve# as to the lease# acreage inclu#e# in the poole# acreage!)
1. 7f have production an-where on the lease after primar- termB it e tends the lease. 7f the lease is pooled and the well is on another tractB lar#e amounts of land can /e held captive to the lease. $he &ugh clause is an e press contractual provision that encoura#es the operator to further develop the non4pooled acrea#e or to release the acrea#e. (. A clause calculated to prevent the holdin# of non4pooled acrea#e with other portions that are /ein# held under poolin# a#reement8 it severs the acrea#e not included in the pool from the rest of the pooled acrea#e. 1. Pu#h clauses that provide for horiEontal@vertical severance must /e e press in the lease.
<ells v! Continental (implie# covenant to rF%l& #evelop applies to poole# acreage an# non?poole# acreage in a single OG6)
1. Ho &ugh clause8 LR tries to #et the non4pooled acrea#e released to another LE. Hot validC production an-where on the lease is production. $he implied covenant to further develop does still appl- to the non4pooled acrea#e.
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,,C v! 0en# Oreille O&G Co (the "air & reasona%le o""er to pool is su%*ect to the su%stantial evi#ence rule)
1. Landowners over a common source of suppl- are protected /- correlative ri#hts ruleCri#ht to produce their fair share. >orne-B owner of 1= acres does not have enou#h to #et a permit to drill a well8 he ma'es an offer to pool his acrea#e with the other interests in the PO4 "ennett unit pool. RRC finds this to /e a fair & reasona/le offer to pool. 2he ,,C=s #ecision is reviewe# un#er the su%stantial evi#ence rule! >actors the court considered in determinin# whether there was su/stantial evidence include a. )hare production on acrea#e or productive acre foot /asis as RRC orders. /. A#ree Pend Oreille to /e operator. c. Proposed that production and operation costs /e allocated /ased on each tract3s share of productive acrea#e. /ear costs to drill & operate well d. A#ree 1<<R ris' factor e. )hare costs #oin# forward. f. Pa- /ased on the current /illin# method used
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2i#e <ater Assc! Oil Co v! Stott (#r& gas (a less valua%le su%stance) pumpe# %ac9 into a reservoir that pro#uces wet gas (a valua%le su%stance) is a vali# e.ercise o" the negative rule o" captureB 6- #i# not trespass)
1. %as inKection into the reservoir to maintain pressure. (. !et #as (#as mi ed with liFuid h-drocar/ons) is produced from the reservoir. $he wet parts drop out when the pressure is reduced. At this timeB the wet su/stances were valua/le. 1. $here was no mar'et for natural #as at the time /ut there was a mar'et for the liFuid h-drocar/ons. $ide !ater reinKects the dr- #as /ac' into the reservoir to maintain field pressure and production level. $his is #as rec-clin#. $wo other operators are doin# the same thin#. $ide !ater must do this (inKect less valua/le su/stance into the reservoir to induce more valua/le su/stance to the well /ore) too to preserve its investment and protect the LR.
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<aseco Chemical & Suppl& v! Ca&ou State Oil Corp (no implie# covenant to use enhance# recover& techni:uesB ,0O stan#ar# applies)
1. Hormal remed- for /reach of implied covenant is conditional cancellation (LE has a chance to correct the pro/lem) not simpl- cancellation. (. $he court cancels this lease8 "a-ou ar#ues that it should have a chance to fi the pro/lem. 1. $his is a fire flood field. 9. 7s there an implied covenant to use enhanced recover- techniFuesV a. 7n $:B the operator must act as a RPOCif the RPO would use enhanced recovertechniFuesB then the operator has a dut- to do so.
Crowning Oil v! 6uec9e (anti?pooling provisionsB horiFontal #rilling creates a #rill site tract in ever& tract the well %ore crossesB measure o" #amages is the amount o" oil #raine# "rom each tract horiFontall&Jrule o" capture #oes not appl&)
1. (. 1. 9. Luec'es have 1 tracts of land? $1 1<<RB $( ;<RB $1 1<<R O%L to 2um/le E ploration8 Assi#nment to "rownin# Para 9 poolin# provision 0ara 1E anti?#ilution provision 8 i" 6- "orms a poole# unit$ 0T o" it will comprise 6,=s lease# acreage or 6- cannot poolB "rownin# did not compl-. D! ,,C sa&s that "or horiFontal #rilling$ must ma9e a turn o" at least 100 "eet into the "ormation! a! ,,C sa&s that ever& tract that a horiFontal well %ore per"orates is a #rill site tract! 5a9es it attractive "or these tract owners not to pool! %! Cottom ;ole 6ocation must %e HH0= "rom the lease line per rule H!8 ! =. $he Luec'es wanted full ro-alt- from /oth of its tracts that were drill site tracts due to "rownin#3s horiEontal well /ore and the fact that the- were pooled improperl-. a. 7f the- weren3t pooled properl-B the- were entitled to production from their tracts. A! Court sa&s ,ule o" Capture #oes not "it horiFontal well situations! 4rainage is not ra#ial in horiFontal #rilling situations so #o not appl& it! a! 2he right measure o" #amages is the amount o" oil #raine# "rom the 6uec9e=s tracts!
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6ewis (owners o" ,6A lan#s are Agents o" the State an# cannot sel"?#eal in e.ecuting OG6sB S o" an& %ene"its negotiate# are #ue the State)
1. %LO . %eneral Land Office . has a prescri/ed form for O%Ls dealin# with RLA lands. (. Owner of the )oil . the surface owner 1. RLA $: RelinFuishment Lands Act lands (minerals are owned /- the )tate of $e as for land patented to surface owners /etween 1D5;41511) a. Act passed to address the issue of surface dama#e created /- drillin# /. Landowner (owner of the soil . surface owner) #ets Q the /enefits of the lease in e chan#e for /ein# the a#ent of the state in e ecutin# O%Ls. 2he lan#owner cannot get an&more than S o" the %ene"its un#er the lease$ even i" a provision "or such is inclu#e# in the OG6! c. Permanent 0niversit- >und is funded /- )tate3s proceeds. 9. 2urham case . caused modification of the statute a. *urham3s dad found a vacanc- in the Sates field and applied for it. *ad /ecame owner of the soil. 2e leased to > who assi#ned to "in#o Oil Co8 *ad owned 11R of "in#o Oil. Q of the ro-alt- went to *ad and he #ot revenue throu#h "in#o Oil as well. )tate thou#ht dou/le4dippin#B so sued to #et /ac' some. /. Court said *ad was a#ent and did not act in /est interest of state /- self4dealin# the O%L to a compan- he owned a si#nificant portion of. 2he Agent has a "i#uciar& #ut& to the State 8 can=t e.ecute OG6=s when sel"?#eal (secure a %ene"it that the State #oes not get hal" o" as well ?? e!g!$ i" get sur"ace #amage pa&ments$ woul# have to sen# hal" o" those to the state).
-.am
c. 1<=441<D +C (1 point each) d. ( essa- Fuestions ((; points total) i. 1 short (1< points) ii. 1 lon#er (1; points . li'e the e amples) e. Onl- $e as law applies on the e am E ample? Conve-ancesB Koint tenantsB co4tenantsB +7PAB RoC 1=< acres total A ;< acresB 1@; O%L " 1< acresB _ O%L C (< acresB 1@= O%L * 6< acresB 1@= O%L 2 1< acresB unleased Part7nterest in Ro-alt- or !7 $ract@unit Het revenue interest or (64>e/419 15?91?<< a(@p(
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