North Dakota 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.

North Dakota Continuous Development: North Dakota Continuous Development refers to the drilling and production method employed in the state of North Dakota for oil and gas extraction. As per the regulations set by the North Dakota Industrial Commission (FDIC), continuous development involves the systematic and continuous drilling of multiple wells within a designated drilling spacing unit (DSU). In North Dakota, each DSU encompasses a specific area of land comprising multiple contiguous sections. The purpose of continuous development is to efficiently extract hydrocarbon resources from the allocated drilling spacing unit while minimizing surface disturbance and environmental impact. Different Types of North Dakota Continuous Development: There are several types of continuous development methods used in North Dakota, depending on the nature of the reservoir, geological formations, and production strategies. 1. Traditional Vertical Continuous Development: In this method, vertical wells are drilled within the DSU to access and extract the hydrocarbon resources. Vertical continuous development is primarily employed in conventional oil and gas reservoirs where vertical drilling is sufficient to capture the hydrocarbons present. 2. Horizontal Continuous Development: Horizontal drilling techniques have gained immense popularity in North Dakota due to the presence of unconventional reservoirs like the Taken Formation. In this method, a vertical well is initially drilled, and then the drill bit is turned horizontally to intersect the target formation where the hydrocarbons are trapped. Horizontal drilling allows for significantly increased production rates by maximizing the contact area between the well bore and the reservoir rock. North Dakota Retained Acreage: Retained acreage refers to the portion of an oil and gas lease that an operator has the right to maintain beyond the primary term. In North Dakota, retained acreage provisions are designed to provide a fair opportunity for operators to develop their leased lands effectively while preventing them from holding vast acreage without active drilling or production. Operators in North Dakota are required to meet certain stipulations to retain the acreage leased. These stipulations often include the drilling of wells within a specified timeframe or the production of a minimum volume of hydrocarbons. Failure to comply with these requirements may result in the forfeiture of the unproduced acreage. North Dakota Depth Limitations: Depth limitations in North Dakota pertain to regulations on drilling depths for hydrocarbon extraction. These limitations are established to ensure the protection of underground freshwater aquifers, preventing contamination and maintaining the integrity of the state's water resources. The limitations typically specify the maximum depth at which drilling operations can be conducted without additional permits or specialized monitoring requirements. These restrictions are in place to prevent potential drilling-related issues, such as the uncontrolled migration of fluids from deep formations to shallower aquifers. It is essential for operators to adhere to depth limitations and obtain the necessary permits to ensure compliance with environmental regulations and safeguard vital water sources. In summary, North Dakota Continuous Development involves the systematic drilling of multiple wells within a designated drilling spacing unit, while Retained Acreage refers to the portion of an oil and gas lease that operators can maintain beyond the primary term. Depth Limitations are regulations specifying the maximum depth allowed for drilling operations, ensuring the protection of freshwater aquifers.

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The Pugh Clause limits the rights of the lessee to hold only particular depths or amounts of leased property in a pooled unit after the expiration of the primary term. In Texas, production from any portion of a leased tract is deemed production from the entire tract. Pugh clause negates this general rule.

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.

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 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 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.

Held by production is an oil & gas industry term indicating a property is under lease and that the lease is being perpetuated in the secondary term by the production of oil or gas in paying quantities. An oil & gas may be in HBP status for many years if the wells located on the leased land keep producing.

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.

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Example – Retained Acreage. • At the expiration of the primary term of this lease or at the end of the extended period for continuous development provided below ... 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 ...Oct 8, 2019 — Generally speaking, the Retained Acreage Clause is a lease provision that authorizes the lessee to retain an agreed amount of acreage around a ... Review Productivity Indices of soil types within their counties. • Develop and apply modifiers based upon the county's unique needs. • Consider land use in the ... Oct 19, 2015 — A retained acreage clause requires the lessee to release acreage not assigned to a producing well at the end of the primary term, or at the end ... Dec 30, 2019 — If there is production sufficient to preserve all or part of the lease at that one moment, the acreage is retained and not evaluated again. In its place, the parties agree that upon the expiration of the lease's primary term (or, if applicable, the cessation of the lessee's continuous-development ... To be eligible for the tax exemption provided under section 57-51.1-03, a tertiary recovery project must be certified as qualifying by the industrial commission ... Inventories must include the following: a. Well name and legal description of location or meter location if different. b. North Dakota industrial commission ... by E Richard · 2022 — This article samples recent case law on oil and gas lease interpretation regarding the secondary term, retained acreage clauses, and savings ...

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North Dakota Continuous Development, Retained Acreage, and Depth Limitations