Can someone please answer this question for me...
A horizontal well is being drilled on a Section below me that I do not own the Mineral Rights to.
The path taken by this operation will go up thru my Mineral Rights Section. Is the operator required to issue a Lease with me before starting the operation???
If the well pad is on your section, but the all the take points are on the adjoining section, then you are owed no royalties because there is no production from your section. If you are in Texas, then the surface owner gives consent for the off-site pad and is paid for damages.
Hello Pamela, how are you? Can you give a legal description? I would be happy to take a look for you.
Pamela's minerals are in North Dakota and the situation and rules are a little different.
It isn't even permitted yet, just an approved location, but a similar well is operated by the same operator just East. Extended long lateral on 1280 spacing. In ND everyone in the 1280 spacing would share equally. The operator would have to make a good faith offer to lease Pamela's acres and should it fail would petition the O&G Commission for a force pooling order, I believe operators even request a force pooling order these days when they think they have everyone leased, just in case. The state would not allow an operator to exclude a mineral owner. The reasoning? It would be waste.
Short answer is "Yes". Long answer is "It depends". The key is where the production is coming from. If the "take point" of the well is 100 ft or more from the boundary of your property, a lease is not required even though the surface location is "off lease".