Buddy’s remark is candid and matter-of-fact, re: don’t bet on it!
Your information needs improvement: is the 10 acre tract in the interior of designated units or is it outside and adjoining? If outside, then nothing can be done. If inside and the bottom-hole location of the well is in compliance with Statewide Rule 37 (re: 467’ from lease line), then again not much of a case to argue. Your recourse is the rule of capture… then you’ll be objected and contested on your application to drill for insufficient acreage in compliance with Statewide Field Rules, re: 40 acres. The MIPA is difficult to impose and rarely used. These cases are heard by a Trial Examiner before the Texas RRC and I don’t think there is recourse through the judicial system for appeal. Also, see if my file is attached, re: MIPA
See AAPL’s Landman Nov/Dec '10 issue, re: Forced Pooling in Texas: The Mineral Interest Pooling Act for a concise review.
2979-TabHJohnCampMIPA.pdf (911 KB)