Leasing Question - Unleased tract not included in drilling unit

Oil and Gas Leasing Help
1

I just purchased 2.5 net mineral acres in Brazos County, Texas. Halcon Resources has leased up most of the area and has apparently formed a drilling unit called Sturgeon 2H in which my acreage is located. There are approximately 722.12 acres in the unit. Further information below.

I was just contacted by a landman for Halcon, and they asked if I would lease my acreage to them. The landman told me that my minerals were originally included in the drilling unit but were taken out when the former owner of the minerals decided to sell the minerals rather than lease them. A drilling permit has been filed with the TXRRC, and it does not include my minerals. The landman further said, "If you are agreeable to the terms of the lease, we can get a lease out to you for signature and discuss the unit your minerals will become a part of in greater detail once the terms are agreed to." This is confusing to me, as I don't see how my minerals would fit into a different drilling unit given that the Sturgeon 2H well is going to drain my mineral estate.

I've attached the plat from the TXRRC. See link below. The issue I have is that my minerals are completely surrounded by the other minerals in this unit and will clearly be drained by Halcon's drilling. What are my rights with respect to getting my share of the oil produced from under my property by this well? Any guidance that you can provide would be greatly appreciated.

Plat%20and%20Map%20of%20Sturgeon%20Drilling%20Unit%20%28Brazos%20County%29.jpg

Form W-1

To Print Directional or Horizontal Wellbore Information use (View W-1D or W-1H) links.
Status #: 796022 - 99
API #:
Operator: 344412 - HALCON OPERATING CO., INC.
Issued: , Filed: Online
Lease Name: STURGEON
Well #: 2H, District: 03, County: BRAZOS
Filing Purpose: New Drill
Wellbore Profiles: Horizontal
1563-PlatandMapofSturgeonDrillingUnitBrazosCounty.jpg (482 KB)
2

Halcon is right. Without some mechanism to pool, you are not pooled. There is no equitable pooling in Texas. Your recourse is to drill your own well.

I penned an elemental 3 part series on pooling located here:

The Rule of Capture

The Basics of Pooling in Texas

Pooling in Texas - Part 3

Best

Buddy Cotten

3

Thank you. If I sign a lease with them, is there a way to include something in the lease that they will pool me into the sturgeon lease? Or am I just shut out of all production from my land if i do not drill a well?

4

Dear Mr. Grounds,

Yes, include in the lease form that the motivating factor and a requirement under the lease is that your lands will be included in the Sturgeon Unit.

Best

Buddy Cotten

5

Thanks so much!