Montana Dissolution of Pooled Unit (By Unit Owners)
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FAQ
Forced Pooling (sometimes called Statutory or Compulsory Pooling) is a legal mechanism that allows oil and gas operators to drill wells when they are unable to get 100% of the mineral interests to commit to support the drilling of a well.
Generally, a pooling clause will allow the leased premises to be combined with other lands to form a drilling unit, wherein proceeds from production anywhere on the drilling unit are allocated ing to the percentage of the acreage of each tract divided by the total acreage of the drilling unit.
The forced pooling laws are found in C.R.S. §34-60-116 and COGCC Rule 530. Forced pooling is often threatened by landmen to persuade reluctant mineral owners to lease their minerals. But the threat of forced pooling should not be used to pressure a mineral owner to hastily sign a lease.
Compulsory pooling is used by oil and gas companies to force unleased or non-consenting landowners into oil and gas leases. It is used when oil and gas operators are unable, through voluntary agreement, to meet the acreage requirements for forming a drilling unit.
Forced pooling allows the Board of Oil and Gas to issue orders that require owners of separately owned tracts within a spaced drilling unit to pool their interests in the underlying deposit and operate as a unit.
Pooling is ?the bringing together of small tracts sufficient for the granting of a well permit under applicable spacing rules,? while unitization is ?the joint operation of all or some portion of a producing reservoir.?[1] While pooling and unitization are both used to prevent waste and protect correlative rights,[2] ...
Pooling is the combining of all oil and gas interests in a drilling unit. In most cases, the owners of oil and gas rights in a unit sign a lease with a developer that allows for pooling. If there is more than one developer in a unit, they voluntarily agree on a development plan.
Those who did not want to lease or participate could block the drilling unless there was some method to force them to participate or sell. That is the "forced pooling" process.
