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.

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lack of pipeline capacity, but also crappy prices
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.

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