This seems (and feels) like a strange question, but apparently it is now
fairly common in the HS to complete drilling of a well and hold of on
fracturing until a pipeline is ready or until whenever.
Is an "un-frac'ed" well a "well capable of producing oil or gaseous
substances in paying quantities"? How does this affect whether the well
is "shut-in" and if the well (and for how long) can still hold by
production. If the well sits unfractured for a year or more after the
primary term has expired does this affect HBP? Is this a loophole for
the lessee?
If this is too complicated legally for a thread, just let me know. Thanks.
Great discussion, guys (and lady). I'm not sure of the bottom line but it appears that an argument can be made that un-fractured wells are not complete or capable of producing in payable quantities and so could not be considered shut-in, and therefore of themselves would not hold a lease as a shut-in well (with payments) would.