Have been offered to extend a lease for the remaining deep rights (11,218') below by current operator on the same terms; $2000.00/acre; 1/4th and 3 year term. What is the going rate out here as these are the same terms as three years ago? I know that it has gotten kind of busy out here lately.
These terms are being offered for the deep rights below 11,218'. The surface to 11,218 is HBP by current wells producing in the section. This is the same offer tendered before for the original lease.
Was the original lease offer for ALL rights from surface to center of the earth? Or just for the depths below 11,218'?
If the original lease was for all rights, this offer for only part of the minerals - and the deepest potentially riskiest section - is probably a pretty good offer. The 1/4 royalty and 3 year term is pretty typical for area / only wild card is the bonus number
I haven't had time to take a look my maps to see what is going on around your acreage, but I expect your producing wells are out of some zone of the Bone Spring Formation. A lot lies below, but the Wolfcamp, which would be reached 1000'-1500'+/- deeper is really hot in parts of Loving Co. right now and I expect this is what they are primarily interested in at the present time.
As others have mentioned, 25% royalty and 3 year term are hard to beat, and the amount of bonus money per nma is the question. Although it is only for the deeper rights, I feel that it is too low. A cousin of mine leased his full rights to his ~80 nma to Energen last July for $5000.00/nma. I have minerals in the same 4 sections (Sec. 25,26,35,36, Blk. 76 PSL, Loving Co.) which I leased the full rights to EOG this past April for more than that. As of 2-3 weeks ago drilling commenced simultaneously on two wells at locations on our acreage. These are permitted as Wolfcamp wells and will be an extension of the Phantom (Wolfcamp) Field.
Accordingly, I would suggest you go to the Texas Railroad Commission (TRC) website and look at your acreage on their public GIS mapping option. It will show if new locations or completed wells are close to you and it will give you API numbers at the terminus of each horizontal location/well you can check out on the TRC site.
Regardless of what you find, I think (this just my opinion) $2,000.00/nma is too low. Most of Loving Co. is showing rapidly increasing activity and lease bonuses are going up. Again, this is only my opinion, but I think ~$3,500-$4,000.00/nma would not be at all unreasonable for your deep rights. Some might say hold out for more, but to me something in that range would seem fair.
Based on Ken's research, I think you can counter with $6000.00 per NMA bonus, 25% royalty, for 3 year term. Also DO NOT FORGET the Pugh Clauses, Continuous Development, and no post-production deductions!!!