Nebraska Pugh Clause

State:
Multi-State
Control #:
US-OG-843
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Word; 
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Description

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.

Nebraska Pugh Clause is a provision commonly used in oil and gas leases within the state of Nebraska that addresses the termination and release of land portions not held by production. This clause ensures that only the productive areas of land continue to be subject to the lease, allowing the lessor to regain ownership and control of non-productive tracts. The Nebraska Pugh Clause is specifically designed to prevent lease tying, which is the practice of keeping lands under lease indefinitely by merely holding production on a small portion. By including this clause, the lessor is protected against the perpetual tying up of non-productive land, while the lessee is given the opportunity to retain rights to productive portions. Keywords: Nebraska Pugh Clause, oil and gas leases, termination, release, land portions, held by production, lessor, ownership, control, non-productive, productive areas, lease tying, perpetually tying up, lessee, rights. There are different types of Nebraska Pugh Clause that can be utilized, depending on the specific requirements and agreements between the lessor and lessee. Some common variations include: 1. Individual Release Pugh Clause: This variation entitles the lessor to release non-productive tracts, or those not included in the production unit, while maintaining the lease over the productive areas. It allows the lessor to regain control over unproductive land, providing flexibility and avoiding unnecessary holding of undeveloped portions. 2. Horizontal Severance Pugh Clause: The horizontal severance Pugh Clause applies when an oil or gas well produces hydrocarbons from multiple formations or zones. This clause separates each formation or zone into distinct leases, allowing the non-productive tracts to be released while retaining the lease on productive areas. It ensures that each formation's lease is treated independently and maximizes the potential of the leasehold. 3. Vertical Seepage Pugh Clause: The vertical seepage Pugh Clause addresses situations where oil or gas migrates vertically between different strata or layers. This clause allows the lessor to release non-producing zones while maintaining the lease on productive reservoirs. By addressing vertical flow, this Pugh Clause prevents the lessee from keeping the entire property leased indefinitely based on the production from a single formation. Keywords: Individual Release Pugh Clause, horizontal severance, hydrocarbons, formations, zones, leases, non-productive tracts, horizontal severance Pugh Clause, vertical seepage Pugh Clause, strata, layers, reservoirs.

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FAQ

A Vertical Pugh Clause requires the Operator to release the rights below a defined vertical depth after the primary term of your lease expires. For example, all rights 100 feet below the deepest drilled depth or 100 feet below the deepest formation penetrated.

The Pugh Clause ? A clause in the Oil and Gas Lease which modifies usual pooling language to provide that drilling operations on or production from a pooled unit will not preserve the whole 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 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.

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.

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.

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The Pugh Clause – A clause in the Oil and Gas Lease which modifies usual ... S/2 of the NE/4 of Section 9. 3. N/2 of the SE/4 of Section 4. 4. S/2 of the ... “If I have a Pugh Clause, am I protected?”, is a question we often hear. Maybe, is the answer. ... pooled or unitized with lands as provided for in paragraph 4…”.Typically, these issues involve the proper allocation of production royalties, horizontal “Pugh” clauses and anti-dilution clauses. I. Pooling and Royalty ... [3] Pugh Clause Issues. [a] Whether the Pugh Clause is Effective When the Conservation Commission,. Rather Than the Lessee, Makes the Pooled Unit? [b] If ... by AW Hebert · 2007 — a customary application of the Pugh clause, the Pugh clause could only ... an oil and gas field without regard to property lines and without the ... Without a Pugh Clause the balance of the acreage outside of the. Page 6. pool ... Best to just negotiate those damage costs up front and write in a surface ... The “Mother Hubbard” or “cover-all” clause is a common provision in an oil ... 17, 102 N.E. 2d 390 (1951) (lessee lacked good faith); Flanigan v. Stern, 265 ... Oct 8, 2019 — Lessors began to file lawsuits demanding release of these lands outside of the pooled unit or production unit once the primary term had expired. Feb 5, 2014 — There shall be no obligation on the part of the lessee to offset wells on separate tracts into which the land covered by this lease may ... by KP Jones · Cited by 4 — ... a Pugh clause in the lease.60 Several states have enacted statutory Pugh ... covering 3,440 acres in Banner County, Nebraska. Oil was discovered and produced ...

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Nebraska Pugh Clause