Dear Adam,
Technically, they would have to prove that they were being drained.
The MIPA statute is very flawed. For example, if you are successful, you only get a share of production from the date of the order. The MIPA statute has been around since the 60’s and only about 110 cases have actually forced their way into the unit.
A very expensive proposition, by the way.
Typically, the response is “This is a rule of capture state. If you feel as if you are being drained, protect yourself.”