Tennessee 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.

Tennessee Continuous Development: Tennessee Continuous Development refers to a legal concept in the state of Tennessee that allows oil and gas operators to expand their operations and continue drilling activities in a specific area after the initial well has been drilled. This concept encourages the efficient exploration and extraction of hydrocarbon resources. Under Tennessee law, continuous development requires oil and gas operators to demonstrate a commitment to diligently develop the resource and prevent unnecessary waste. This is achieved by submitting a comprehensive development plan to the Tennessee Department of Environment and Conservation (DEC) for approval. Different types of Tennessee Continuous Development include Primary Term Continuous Development and Secondary Term Continuous Development. Primary Term Continuous Development refers to the continuous drilling and exploration of new wells during the initial term of the oil and gas lease. Secondary Term Continuous Development, on the other hand, comes into play if the lease is extended beyond the primary term. It allows operators to maintain their lease rights and continue drilling activities without interruption. Retained Acreage: Retained Acreage is a concept that pertains to the preservation of a specific area within an oil and gas leasehold that an operator can retain even if the lease expires or terminates. In Tennessee, Retained Acreage allows operators to secure a certain portion of the leased area for future drilling or exploration activities. Tennessee's law sets forth certain requirements for Retained Acreage. Once the lease terminates or expires, operators must establish that there is a production history on at least a portion of the leased area. Additionally, operators must diligently pursue their drilling activities and show reasonable efforts to explore and develop the remaining acreage. Depth Limitations: Depth Limitations refer to the specific depth or range within the subsurface that an oil and gas leaseholder can explore or extract resources from. In Tennessee, depth limitations are typically defined in the lease agreement between the operator and the landowner. These depth limitations can vary depending on various factors, including geological formations, reservoir characteristics, and regulatory requirements. Operators must adhere to these depth limitations to ensure compliance with the lease terms and regulatory guidelines. Overall, Tennessee Continuous Development, Retained Acreage, and Depth Limitations are vital components of the oil and gas industry in the state, ensuring responsible resource development, maximizing efficiency, and protecting the rights of both the operators and landowners involved.

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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.

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.

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.

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 Act is codified in Tennessee Code Annotated §§ 67-5-1001 through 1050. The purpose of the Act is to help preserve agricultural, forest, and open space land. This is accomplished by valuing land based upon its present use, rather than at a highest and best use.

A parcel must have at least fifteen (15) acres, including woodlands and wastelands which form a contiguous part thereof, constituting a farm unit engaged in the production or growing of crops, plants, animals, nursery, or floral products.

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.

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Tennessee Continuous Development, Retained Acreage, and Depth Limitations