Antero Counter Proposal in WV

We received an offer from Antero and countered with 1.) 20% royalty on all oil, gas, and NGL’s. 2.) No Post Production Costs 3.) $4000/acre bonus 4.) Terms of the lease reduced from 5 years to 3. Here was his response: I am presently working with 9 lessors that have lawyered up, and the ask is 20.0%. (As the Attorneys want their piece of the pie) They have been sitting as denied sense August 2024 as Antero is not giving 20.00%. On that alone, if I take your offer to Denver Office for approval, they are just going to park it as denied.

I also know that “No Post Production costs is also a RED Flag as well as the 3 years only. SO, the only thing I am working with in your favor, at the moment is the $4000.00 per Acre.

Could I suggest that you get back with your brothers and see if you all may consider something more like $4500.00 @ 18.0%, That would put more money upfront on the lease.

$4000.00 X 20.3333 = $81,333.20 ( your ask)

$4500.00 X 20.3333= $91,499.85 (our counter upon approval from Denver office)

So basically, we are dropping 20.0% to 18.0% for about $10,000.00 up front.

We would also need at least a 5 year only lease, as this is a tough area with many heirships to research and lease.

Three years is just too short of a timeline. 5 years would be our minimum.``` Lastly, we have the issue of the “No Production Costs”. Antero also does not offer that Clause any longer as well.

I can give you the following which is as close to it as we get.

Wellhead Royalty – No Deductions

It is agreed between the Lessor and Lessee that, notwithstanding any language herein to the contrary, royalties payable on gas shall be based upon Lessor’s proportionate share of the gas produced from the Leased Premises at the royalty rate provided herein and is calculated by multiplying the (i) MMBtu content of the gas produced from the Leased Premises, measured by a meter at or near the wellhead, by (ii) Lessee’s weighted average sales price for gas sold from the same field during the given calendar month (“WASP”) free and clear of all costs or deductions for exploration, drilling, development, operation, production, separating, treating, dehydrating, gathering, storing, compressing, transporting and marketing such gas. For the avoidance of doubt, Lessor and Lessee expressly agree that the royalty is calculated based on the MMBtu content of the gas measured prior to processing and fractionation and Lessor will not receive an additional payment for any natural gas liquids extracted, processed, and created from the gas produced from the Leased Premises, if any.

What county in WV? Sounds like maybe you should find out who the other 9 lawyered up landowners are…there’s strength in numbers.

Hes not giving you the run around if thats what you are asking? Antero is an operator, they arent going to cave in to 1 of 9 owner’s demands with 20 acres each, as that drives their prices up in the area on everything. And that area is common to 3+2 or 5 year OGL’s because it takes way more time to drill wells than other areas.

You dont have to sign an OGL with the Operator right now, you can wait a few years and hope that they dont carve your interest out of the well when/if they propose new well and the small non op guys will start giving you offers, but who knows where oil and gas prices will be or how new wells drilled over that time in the surrounding areas will do affecting offers. Quite simply, theres no easy/definitive reccomendation to your question.

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I read in this forum this month that Antero was giving $5500/nma, and 20%. Do you have a lawyer?

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No we don’t have a lawyer. The landman who contacted us said 20% is a nonstarter and Antero will just mark it Denied and set it aside. From what he said (and I know he certainly doesn’t work for us), everyone who has a lawyer has been Denied for their requests and sounds like they are on indefinite hold.

Finding a good oil and gas attorney can help you a lot. Landman are usually like used car salesman and will tell you whatever it takes to sign you. Talk to your neighbors, it’s amazing the different stories you’ll hear from one another.

@UncleJed, As a Twenty-Five-year Petroleum Engineer in West Virginia, there are still some great old school Petroleum landman out there. I don’t know any operator who will give you 20% Gross royalty unless they need you really bad as you could be in the middle of the unit as they call it the “fairway”. A lot of mineral owners are not explained by a Landman that even if the operator gave you 20%, that is not gross at the wellhead unless you have a cost-free addendum. If a Landman gives you 20%, your royalty percentage ends up being around 13% to 14% after deductions are taken out of your check. There are 6% to 7% operation fees that the operator charges you for. I would have the Antero Landman present you with a proposed unit map and make sure you have a West Virginia Oil and Gas attorney if needing help with the lease addendums.