I have a modest offer for leasing about 40 NMA in 2 Winkler sections. Actual development of the area is probably months, or years away. My experience with pooling in OK is that pooling is reasonable. My experience in NM is that you are well advised to lease without pooling since NM terms with pooling are not at all favorable to the mineral owner. But what are the pooling experiences in Tx?
Texas does not have forced pooling except in very rare instances where MIPA is used for town lots. Is your 40 nma a discrete parcel in two sections or is your 40 nma an undivided interest in both sections? Your lease will have pooling language which will probably require a legal eagle to interpret. I do not have an understanding of the specific pooling language which might be preferable regarding vertical and horizontal wells. I think most folks want to sign a lease and get the bonus. The Texas A&M publication, “Rights and Responsibilities of Mineral Cotenants” by Judon Fambrough is a good read if you are considering remaining unleased. A link to the paper can be found in this forum, and it is also available through a Google search. Do you mind sharing the name of the company offering to lease and what kind of drilling might occur?
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I have separate interests in 2 adjoining sections which a landman wants to lease as one entity. My “teaching” says I should try to keep each identified area as separate as possible. The production company is unnamed, and it appears they want to remain anonymous. There is a reasonably good well about 1 section distance that has been producing for several years. I had the area leased until about 3 years ago which coincided with the time people stopped throwing money at just about anything. We are now looking at $650/NMA for a 3 yr lease, but the lease document so far is totally unacceptable, so I am a firm NO. Thanks for the reading direction. I have only 2 parcels in Texas and have no production, so I have NO experience TX.
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Absolutely keep the two sections separate. You can have two identical leases-one for each section, but do not put them together or you might end up with one dormant but held. Get a TX oil and gas attorney to look at your lease as the draft one sent by the company will not be in your favor.
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In my crude graphic representation below, the vertical line “|” represents a hz well. The YY in the bottom right corner is a small mineral interest in a DIVIDED section. It is my understanding if YY were not leased and a hz oil well were drilled more than about 450’ [depending on field rules] from YY, then YY could expect to receive zero royalties and would have no right to participate in the well. I do not claim to be an expert and could very well be mistaken. Perhaps others will weigh in. Given that the several years old Woodford prospect/project above you does not seem to support 6, 8, or more hz wells per section at this point, it might be very important for you to be included in the first well drilled in one of your sections. Of course the company leasing your sections could be entirely unrelated.
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