Alabama Continuous Development, Retained Acreage, and Depth Limitations

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This lease rider form may be used when you are involved in a lease transaction, and have made the decision to utilize the form of Oil and Gas Lease presented to you by the Lessee, and you want to include additional provisions to that Lease form to address specific concerns you may have, or place limitations on the rights granted the Lessee in the standard lease form.

Alabama Continuous Development, Retained Acreage, and Depth Limitations are crucial concepts in the oil and gas industry in the state of Alabama. These terms have specific implications and regulations that govern the exploration and production of oil and gas resources. Continuous Development in Alabama refers to regulations that require operators to drill wells on a consistent basis in order to maintain the leasehold rights to the acreage. Under the Alabama Oil and Gas Board's rules, operators must demonstrate continuous development within a specified timeline, typically within three to five years. This ensures that operators do not hold onto acreage without actively conducting exploration or production activities. Retained Acreage, on the other hand, refers to the portion of leased land that an operator can retain after the primary term of the lease has expired. In Alabama, operators must meet certain criteria to hold onto acreage beyond the primary term. These criteria may vary depending on specific lease agreements and the Alabama Oil and Gas Board's requirements. Retained Acreage provisions are designed to prevent operators from unnecessarily tying up land and allowing for the release of unproductive acreage for other potential lessees. Depth Limitations in Alabama pertain to restrictions on drilling depths within specific geographic areas. These limitations are typically determined based on reservoir characteristics, drilling techniques, and resource conservation. The Alabama Oil and Gas Board may impose depth limitations to protect underground freshwater sources or prevent uneconomical or nonviable drilling activities. These limits ensure responsible resource extraction and minimize the potential for environmental impacts. It is important to note that different types of Alabama Continuous Development, Retained Acreage, and Depth Limitations may exist based on specific lease agreements, stipulations, or regulatory requirements. Operators and lessees should carefully review their individual lease agreements and consult with legal professionals to understand the specific terms and conditions that govern their operations. In conclusion, Alabama Continuous Development, Retained Acreage, and Depth Limitations are fundamental aspects of the oil and gas industry in Alabama. Compliance with these rules is essential for operators to maintain leasehold rights, retain acreage, and ensure responsible and sustainable oil and gas exploration and production activities in the state.

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?Many land professionals are confused about what is a vertical and what is a horizontal pugh clause. LEGALLY ? a vertical pugh clause is one where all acreage outside of the well/unit boundaries must be released. LEGALLY ? a horizontal pugh clause is one where you must release acreage below a certain depth.

The point of a retained-acreage provision is to be able to seek a new opportunity to lease unworked land to a different lessee, one who might do something productive with it. A Pugh clause is a negotiated provision in favor of the lessor. Pugh clauses modify pooling/unitization rights.

Retained Acreage ? A clause that provides that a lease will continue after the expiration of the primary term as to a certain number of acres associated with each of the wells drilled under the lease.

A clause in an oil and gas lease establishing the acreage around a producing well or pooled unit that the lessee is allowed to retain after termination of the lease if certain conditions are met. There is no standard retained-acreage clause, and these clauses vary by lease.

The Pugh Clause 893 (1947). In this case the Louisiana Supreme Court held that production from a unit including a portion of a leased tract will maintain the lease in force as to all lands covered by the lease even if they are not contiguous.

A Pugh Clause is enforced to ensure that a lessee can be prevented from declaring all lands under an oil and gas lease as being held by production. This remains true even when production only takes place on a fraction of the property.

A phrase (usually contained in a Pugh clause in an oil & gas lease) that terminates the lease after the primary term as to all formations below a particular depth typically defined as the stratigraphic equivalent of the base of the deepest producing formation in the unit.

A vertical Pugh Clause could present a lease to a specific depth. This could include about 150 feet below the drilled well. What this implies is that the lessee would be restricted to drilling to 150 feet. They wouldn't be able to go further.

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Alabama Continuous Development, Retained Acreage, and Depth Limitations