West Virginia Unit Agreement and Plan of Unitization

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US-OG-738
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This Agreement is entered into, between the parties subscribing, ratifying, or consenting to it. The Parties are the owners of working, royalty, or other oil and gas interests in the Unit Area subject to this Agreement.


The Mineral Leasing Act of February 25, 1920, 41 Stat. 437, as amended, 30 U.S.C., Secs. 181 et seq., authorizes Federal lessees and their representatives to unite with each other, or jointly or separately with others, in collectively adopting and operating a cooperative or unit plan of development or operation of all or any part of any oil or gas pool, field, or like area, for the purposes of more properly conserving the natural resources whenever determined and certified by the Secretary of the Interior of the United States, to be necessary or advisable in the public interest.


West Virginia Unit Agreement and Plan of Unitization: A Comprehensive Overview The West Virginia Unit Agreement and Plan of Unitization is a legal document that regulates the development and operation of oil and gas fields in the state of West Virginia. It provides a framework for the efficient extraction of resources, ensuring fair distribution of revenues, and minimizing conflicts among oil and gas operators and landowners. Key Features and Objectives: 1. Resource Conservation: The primary objective of the West Virginia Unit Agreement and Plan of Unitization is to maximize the recovery of oil and gas resources within a designated geographical area. By combining multiple leases and pooling them into a cohesive unit, operators can collectively explore and develop the fields more efficiently. 2. Enhanced Production Techniques: The agreement encourages the implementation of advanced technologies and techniques to optimize production rates. This includes the establishment of unit operations, such as drilling additional wells, installing enhanced recovery methods, and strategically placing infrastructure like pipelines and processing facilities. 3. Fair Allocation of Costs and Revenues: The unitization agreement ensures that all participating operators proportionally share the costs associated with exploration, development, and operation of the unitized area. Similarly, revenues generated from the sale of oil, gas, and related by-products are distributed based on the agreed-upon ownership interests and formulas. 4. Prevention of Waste and Economic Optimization: The plan of unitization aims to minimize wasteful competing operations and maintain an economically viable oil and gas field. By avoiding the drilling of an excessive number of wells and maintaining proper reservoir pressure, operators can prevent resource depletion, environmental damage, and unnecessary financial burdens. Types of West Virginia Unit Agreement and Plan of Unitization: 1. Voluntary Unitization: This type of unit agreement is initiated by a group of operators in consultation with the West Virginia Department of Environmental Protection (WV DEP). It requires obtaining the consent of all leaseholders within the proposed unit area. 2. Compulsory Unitization: In cases where voluntary unitization is not achievable due to the unwillingness of some leaseholders or disputed ownership, an interested party may file an application with the WV DEP for compulsory unitization. The department conducts a review process and, if satisfied, issues an order mandating unitization. 3. Cooperative Unitization: Under this approach, operators within a lease area voluntarily enter into an agreement that combines their leases into a larger unit. This allows them to streamline operations, pool resources, and mitigate costs, while still maintaining a higher level of control and decision-making authority compared to other types. Overall, the West Virginia Unit Agreement and Plan of Unitization plays a crucial role in fostering collaboration, resource optimization, and the responsible development of oil and gas fields in West Virginia. It serves as a mechanism to balance the interests of operators, landowners, and the state, ensuring a sustainable and flourishing energy industry.

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FAQ

After confirming your legal ownership with an attorney at law, you need to draw up a deed of transfer form in your name and register it with the county records office as the mineral owner. The land transaction, leasing transaction, and royalty compliance go through the county office.

Royalty Rate: This rate is the percentage stated on the lease agreement as revenue allocation. It represents the amount the resource owner is expected to receive from the sale of the oil and gas. Royalty rates are between 12.5% to 15%.

Mineral rights give ownership, for a specified time, of the underground minerals that do not include sand, limestone, gravel, or subsurface water. If the mineral rights to your property have been sold before you acquired the land, that means you own only the surface rights and cannot use the minerals.

In the State of WV, minerals are considered property and therefore fall under the Ad Valorem Property Tax.

Mineral interests in WV are taxed the same as your home. You will pay 60% of the appraised value on the minerals at the levy rate for your county. The value of these minerals in based on WV Code procedures and is the same for all counties in WV. Minerals are taxed at a minimum value until production begins.

In Virginia, owners can separate mineral rights from other property rights. Since future deeds may not specify that mineral rights aren't included, title searches are important.

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OIL AND GAS CONSERVATION. §22C-9-7a. Unitization of interests in horizontal well drilling units. (a) Declaration of public policy; legislative findings ... This Agreement is entered into, between the parties subscribing, ratifying, or consenting to it. The Parties are the owners of working, royalty, ...by JE McDaniel · 2015 · Cited by 10 — unitization agreement embracing the tract mentioned and an adjoining boundary ... with one well per unit, which can be supplemented with "in fill"'18 wells later. Schedule identifying each Tract in Unit ... county office an Amendment to Unitization Agreement, referring to this Agreement, containing a description of the Unit. An oil and gas lease is simply a contract between a mineral owner (who mayor may not own the surface of the land) and an oil and gas developer which grants the ... Feb 16, 2022 — A-1 = plat of the lands subject to the unit operating agreement o. A-2 ... Unitization in West Virginia. 22. Page 23. Oliva Gibbs LLP | oglawyers ... The unit agreement provides that a specified proportion of all oil and gas produced from all wells within the participating area shall be allocated to each of ... Va. 2020) the Supreme Court of Appeals of West Virginia held that the implied right to pool and unitize could not be inferred from an unambiguous lease. In the ... by AL Handlan · 1984 · Cited by 8 — Voluntary pooling is customarily accomplished by one of two methods: (1) lease clauses authorizing the lessee to pool or to unitize in the future and normally ... by AA King · 1948 · Cited by 80 — Lessee shall file written unit designations in the county in which the premises are located. Drilling operations and production on any part of the pooled ...

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West Virginia Unit Agreement and Plan of Unitization