Many mineral owners are stuck with very old leases which are HBP by shallow well(s) because the lease did not have a depth severance provision. As long as the adjacent wells are compliant with RRC field rules, the burden will be on you to prove drainage by hiring experts and likely ending up in litigation. Same for any requirement to develop as you will have the burden of proving that it will be profitable in light of drilling and operating costs and the anticipated oil and gas prices and revenues. Also, the shallow operator may not own the deep rights under the lease(s). The shallow wells keep the lease in effect, but the shallow operator may not have the right to the original lessee forward to date to determine who holds the deep rights, as there could be one or multiple companies for the varying depths.
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