Hello, I’m new to owning mineral rights and am curious if I can have a brine lease and an oil/gas lease for the same property at the same time. I already have an oil/gas lease on a subsection of the whole (no well yet). Does this prevent me from leasing that same section for brine?
Thank y’all, Nick
Depends upon your state. In many states the recovered water either belongs to the surface owner or the operator as part of the produced fluids.
Thank you, M_Barnes. The property is in Arkansas. If I own 27nma (1/6 of 166 acres) and the current oil/gas lease is for 4.7nma (1/6 of a 28-acre section), could I have a brine lease for the area that the oil/gas lease doesn’t cover, even if the recovered water belongs to the operator/surface owner? And are you saying that the mineral owner never owns the recovered water if he/she doesn’t own the surface rights? Thank you again, this is foreign to me for now.
I do not know the law in Arkansas, so an attorney or landman from Arkansas would need to speak into the issue and take the exact wording of your lease into account.
Okay, I have reached out to a landman and will post her input here for anyone who is curious. Thank you again MBarnes.
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