Cases and materials on oil and gas law / 4th ed.

Table Of Contents:
Preface v

Table of Cases xxiii

History, Accumulation, Ownership, and Conservation 1(123)

Historical Background 1(8)

Law of Capture and Private Ownership 9(38)

Law of Capture 9(33)

Kinds of Oil and Gas Interests 42(5)

Conservation: Modifying and Limiting the Law of Capture 47(77)

Preventing Waste and Protecting Correlative Rights 47(12)

Regulating Drilling, Well Completion, and Plugging 59(31)

Regulating Production and Marketing 90(32)

Regulating End Use 122(1)

Economics of Conservation Regulation 122(2)

The Oil and Gas Lease 124(206)

Purpose of the Lease and Nature of the Rights Created 126(2)

Purpose of the Lease 126(1)

Nature of the Leasehold Interest 126(1)

Significance of the Classification of Lease Interests 127(1)

Granting Clause: The Rights Granted 128(54)

Surface Uses Granted by the Lease 128(16)

Substances Granted by the Lease 144(1)

Lands and Interests Granted by, the Lease 144(3)

Basic Principles of Oil and Gas Taxation 147(5)

Maintaining the Lease by Paying Delay Rentals 152(17)

Maintaining the Lease by Commencing Drilling 169(13)

Habendum Clause: Extension and Maintenance of the Lease in the Secondary Term 182(48)

Production ``In Paying Quantities'' 183(13)

Actual Production or Capability of Production? 196(7)

Savings Clauses as Substitutes for ``Production'' 203(27)

Royalty Payments 230(55)

General Principles 230(1)

The Lease Royalty Obligation 231(54)

Covenants Implied in Oil and Gas Leases 285(45)

Nature and Classification of Covenants 286(8)

Implied Covenant to Protect Against Drainage 294(15)

Implied Covenants to Drill 309(13)

The Implied Covenant to Market 322(1)

The Implied Covenant to Operate Diligently and Properly 323(7)

Titles and Conveyances: Interests in Oil and Gas 330(158)

Distinction Between Mineral Interests and Royalty Interests 332(30)

Nature of the Interests 332(14)

Creation of Mineral and Royalty Interests 346(16)

Shared Ownership of Mineral Estate 362(30)

Concurrent Ownership 362(16)

Successive Ownership and Nonpossessory Interests 378(14)

Terminable Interests 392(9)

Executive Right in Mineral Interests 401(9)

Meaning of ``Minerals'' and Named Substances 410(22)

Conveyances of Fractional Interests 432(26)

Size of Interest Reserved or Conveyed 432(5)

Overconveyance: Duhig and its Progeny 437(12)

Proportionate Reduction Clause 449(7)

Mother Hubbard Clause 456(2)

Conveyances of Interests in Leased Land 458(30)

Conveyances ``Subject to'' an Existing Lease 458(17)

Nonapportionment Doctrine 475(11)

Top Leasing 486(2)

Interference With Interests in Oil and Gas 488(66)

Trespass and Related Actions 494(35)

Acquisition of Information 494(23)

Production of Minerals 517(6)

Slander of Title 523(6)

Loss of Title 529(25)

Adverse Possession 530(7)

Abandonment 537(5)

Liberative Prescription 542(3)

Dormant Mineral Interest Acts and Analogous Legislation 545(9)

Contracts and Transfers by the Lessee 554(114)

Lease Assignments 555(32)

Legal Requirements and Drafting Considerations 556(7)

Rights and Obligations of the Assignor and Assignee 563(16)

Lessor Rights Against Assignee 579(8)

Support Agreements 587(2)

Farmout Agreements 589(26)

Structure and Tax Implications 590(7)

Drilling Obligations 597(6)

Retained Interest 603(1)

Earned Interest 604(11)

Operating Agreements and Related Documents 615(33)

Operator Authority and Responsibility 616(13)

Nonoperator Liability for Costs 629(11)

Ownership and Marketing of Production 640(6)

Miscellaneous Provisions, Attachments and Exhibits 646(2)

Drilling and Service Contracts Finished 648(10)

Gas Purchase Contracts 658(10)

Pooling and Unitization 668(170)

Problem of Small Tracts 668(24)

Texas: Rule 37 Exceptions 670(20)

Kansas: Well Allowable Adjustments 690(2)

How Pooling Is Accomplished and Related Problems 692(58)

Community Lease 692(3)

Lease Pooling Clause 695(19)

Judicial Pooling 714(1)

Compulsory Pooling 714(32)

Conflicts Between Voluntary Agreements and Conservation Orders 746(4)

Effect of Pooling on Oil and Gas Interests 750(35)

Effect on Lessee's Operations 750(15)

Effect on Property Interests 765(3)

Effect on Nonoperating Interests 768(7)

Effect on Terminable Interests 775(10)

Unitization 785(53)

Shortcomings of Traditional Oil and Gas Conservation Policy 785(10)

What Is Enhanced Recovery? 795(5)

Establishment of Enhanced Recovery Units 800(9)

Liability to Nonparticipating Interests 809(12)

Duty to Commence or Cease Unit Operations 821(17)

Federal, State, And Indian Lands 838(182)

Development of Federal and Indian Lands 837(153)

Public Lands 838(22)

Offshore Lands 860(39)

Indian Lands 899(32)

Royalty Valuation and Payment 931(39)

Express ``Implied'' Covenants 970(12)

Exploratory Units, ``Communitization'' And Unitization 982(8)

State Lands 990(30)

Grant Lands 990(8)

Submerged and Offshore Lands 998(14)

Texas Relinquishment Act Lands 1012(8)

Environmental Regulation of the Oil & Gas Industry 1020(95)

Obtaining the Oil & Gas Lease 1021(40)

Land Use Considerations 1022(20)

Liability Considerations 1042(19)

Drilling Operations 1061(8)

Managing Drilling Wastes 1061(4)

Managing Water Discharges 1065(4)

Production Activities 1069(46)

Managing Produced Water 1070(7)

The Environmental Status of Oil 1077(28)

Wildlife Protection 1105(4)

Managing Air Emission 1109(3)

Emergency Planning Obligations 1112(3)
Index 1115