We had leases in place on both our NE/4 & SE/4 OF 8-16-9 KINGFISHER COUNTY OK. I was told we were pooled at 1/8 but questioned them about the %. We had a lease for 1/5 % on the NE/4 and asked the oil company if I had the lease way before your request to pool don't you have to pool it to the highest lease, was told yes and they were granted 4 irregular 640 spacing units, but they are paying me 1/5% on 42% production of a common pool of oil and gas and then paying me on the other 1/2 of a 2 square mile, 4 well unit at 3/16% of 42% of production. How can they do that with out that in our original lease and why do I only get paid on 42% of production on all 4 wells. They told us we were being pooled and would be over 1280 we would lose a little % but draw on more production. Not true only over 640 and getting 42% not 100% payments of oil and gas production plus using two diffrent leases when we were told all 2 miles and 4 wells were pooled at 1/5.

The oil company Newfield will not send me the page to my division order, which I have not signed, that shows what percent all mineral and royalty owners are receiving. I know those who chose to participate are getting more money but they said I could not have the sheet with # of acres and all the particular info so that I can see if I am being paid correctly. I have 72 pages of all transfers and % I own but don't understand the different % of payments of 1/5 & 3/16 & 42% density? Can anyone enlightened me as to what they have done and is it legal to replace the particularS of my lease. In the law review of Oklahoma it says it can not replace what the lease says. What can I do about it?

Newfield can combine separate tracts in order to treat the pooled unit as a single lease. For example: a tract in the unit has 25% of the total acreage in the pooled unit, so that it receives 25% of the unit production. Mineral owners in that tract receive royalty from the production in the pooled unit like 25% of the unit production were produced from the tract. Oklahoma laws allows operators to force pool unleased mineral owners into a pooled unit which accounts for the mandatory by law 1/8th, but that doesn't mean you will not get your 1/5th royalty according to your lease. It is mandatory that the company gives at least 1/8th and each lessor can negotiate for more and, in your case, it is 1/5th.

Denise, this article may help you understand the new Oklahoma Horizontal Shale and Development Act that allows for the multi units. http://www.naro-us.org/Resources/Documents/COSMO%20Supports%20SB242%20%20HB1909.pdf