An owner of an unleased mineral interest in a compulsory unit recently notified an operator (by Certified Mail) that the operator had failed to furnish a detailed statement of well costs to a well that was close to payout. The operator responded with the sworn detailed itemization of well costs. This list of well costs included deductions for all the royalty it had paid the other owners (over $9,000,000.00) in the unit plus a considerable sum for title opinions (over $200,000.00).

I'm not an attorney, but was under the impression that neither royalty nor title opinions are the types of costs the Commissioner of Conservation would allow an operator to deduct as drilling costs.

Can the operator deduct royalty (that is already paid to leased owners) and the cost of title opinions in calculating well costs (that can be recuperated by the operator) before the operator starts paying the unleased mineral owner?

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Harold . Post the list
KB - thank you very much for the information. I remember back in the early 1960's one of the Liskow and Lewis attorneys gave an indepth, comprehensive, A-Z presentation at the Mineral Law Institue solely on this topic. It was bound into the then annually published MLI green books. I, now that I need it, can't seem to find that lengthy article or my copy of that particular edition of the MLI green books. If anyone knows of any other article or publication covering the ins and outs of how the Commissioner determines what are deductible drilling and operating costs which ones are thrown out, and if the detail produced by the operator was sufficient, when calculating how much to pay an unleased mineral owner for his or her share, I would very much appreciate it if you could direct me to it. Again, thank you for your help. Harold
Who is the operator?
I just noticed on the sworn detailed list of well costs that the operator deducts approximaty $730,000 for a salt water disposal well. This well is situated very close to the unit well. Is the cost of a saltwater disposal well a type of cost the commissioner would allow an operator in the calculations of how much an unleased mineral owner is due?
Harold. Could you scan the sworn detailed list of well costs andpost it ?
They could charge for disposal of salt water, why not for a SWD??

The SWD is probaly a lot cheaoper to pay for than hauling off the SW.
This is a good example that needs to be brought to the Commissioner of Conservation's attention when units are formed. My impression is that the Commissioner is forming these units without any attention to whether there will be responsible operators. Responsibility includes:

1. financial integrity
2. restoration and protection of surface rights
3 responsible accounting practices
4. ability to control drilling costs.

My own thought on this is that more landowners, royalty owners, and unleased mineral interest owners need to appear at pre-app conferences and unit hearings (in Baton Rouge) to express concern. I believe if this began to occur frequently, suddenly these types of issues would go away.
The well is not on or under the UMI tract. Unitization as to the producing unit occured about a month after the well was spudded. Therefore significant well costs occured prior to my tract being included in the unit. Would the well costs incurred prior to unitization be costs that are deductible to the UMI interest?
Prior to comming uphole to the zone that was eventually unitized, the operator spent considerable sums ttying completions in deeper intervals, without success (before any units were created). Are those costs as to the deeper intervals (never unitized) and for the driling below the unitized interval deductible as well costs to an UMI owner?
To be sure - in regard to a UMI in an 11,000' sand producing unit, if the well was drilled to a TVD of 14,500' but nothing commercial produced below the base of the 11,000' sand, then the operator can not (should not) charge the UMI owner for the cost of drilling below the base of the 11,000' unitized sand (i.e the cost of drilling from 11,000' to 14,500') ?
KB - On the income side of the calculation of payout, am I correct in thinking that If the operator shouldn't be deducting leasehold royalty (which they did) and transportation costs (which they did), they shouldn't be deducting severance taxes either in their calculation of the payout date?
Yes, in their calculations for payout, the operator aggregated the value of all (8/8ths) of all unit production each month and then deducted all seveverance taxes paid by everyone (WI, ORR & RI) who has an interest in unit production. For instance, as to condensate, in a single pre-payout month the well produced approximately $300,000 in condensate, and the operator deducted in the payout computations about $37,500 for that month in severance taxes (i.e. almost exactly 12.5%) and then used the net (i.e. 8/8ths of gross value, less 8/8ths of all severance taxes) as the monthly income as to condensate for determining payout. The operator also deducted in their payout computations 8/8ths of the whole unit's payment of oilfield restoration fees, the gathering charges on gas and the transporation charges on gas (which the transportation charges alone on gas aggregated about half a million dollars in the operator's payout calculations).

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