Arkansas Pugh Clause

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Multi-State
Control #:
US-OG-843
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Word; 
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Description

This lease rider form may be used when you are involved in a lease transaction, and have made the decision to utilize the form of Oil and Gas Lease presented to you by the Lessee, and you want to include additional provisions to that Lease form to address specific concerns you may have, or place limitations on the rights granted the Lessee in the “standard” lease form.

Arkansas Pugh Clause is a crucial provision in oil and gas leases that focuses on the termination and release of non-producing portions of land from lease agreements. This clause prevents the indefinite tying up of land which is not actively producing oil or gas. The primary purpose of the Arkansas Pugh Clause is to allow lessors to regain control and re-lease non-producing portions of the leased land to other oil and gas companies, thus maximizing the potential for exploration and production. By incorporating this clause into the lease, it ensures that lessees are motivated to diligently explore and develop the entire leased area or risk losing control over unproductive sections. There are two main types of Arkansas Pugh Clauses commonly seen in oil and gas lease agreements: 1. Horizontal Pugh Clause: This type of Pugh Clause is specifically designed for horizontal drilling operations. It provides the lessor with the ability to release and terminate lease rights for non-producing depths while maintaining the lease rights for productive depths. The horizontal Pugh Clause is especially important in areas where multiple productive depths exist, enabling the lessor to negotiate separate lease agreements for each productive formation. 2. Vertical Pugh Clause: The vertical Pugh Clause is applicable to vertical drilling operations and focuses on the release and termination of non-producing acreage. It allows the lessor to free up the unproductive portions of land while keeping the lease rights intact for any productive acreage. This type of Pugh Clause is crucial in situations where different zones or formations have varying productivity levels. Overall, the Arkansas Pugh Clause is an essential provision in oil and gas leases, empowering lessors to efficiently utilize their land resources. Its inclusion ensures that lessees are incentivized to explore and develop the entire leased area, benefiting both parties involved in the agreement. As such, understanding the intricacies of the Arkansas Pugh Clause is fundamental for anyone involved in the oil and gas leasing industry within Arkansas.

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FAQ

The Pugh Clause limits the rights of the lessee to hold only particular depths or amounts of leased property in a pooled unit after the expiration of the primary term. In Texas, production from any portion of a leased tract is deemed production from the entire tract.

A phrase (usually contained in a Pugh clause in an oil & gas lease) that terminates the lease after the primary term as to all formations below a particular depth typically defined as the stratigraphic equivalent of the base of the deepest producing formation in the unit.

A Vertical Pugh Clause requires the Operator to release the rights below a defined vertical depth after the primary term of your lease expires. For example, all rights 100 feet below the deepest drilled depth or 100 feet below the deepest formation penetrated.

Returning to our example, a properly drafted Horizontal Pugh Clause would not only terminate the lease as to the 180 non-pooled acres but also as to all horizons and strata below the deepest depth drilled, i.e., 7800 feet. In other words, the entire lease would terminate as to all horizons and strata below 7800 feet.

The key language in the Pugh Clause was, ?The lease shall remain in effect as to all depths as to all developed acreage so long as there is production of oil and/or gas in paying quantities from said developed acreage.?

A Pugh Clause is enforced to ensure that a lessee can be prevented from declaring all lands under an oil and gas lease as being held by production. This remains true even when production only takes place on a fraction of the property.

The point of a retained-acreage provision is to be able to seek a new opportunity to lease unworked land to a different lessee, one who might do something productive with it. A Pugh clause is a negotiated provision in favor of the lessor. Pugh clauses modify pooling/unitization rights.

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More info

Oct 8, 2019 — The typical oil and gas lease with a pooling clause provides that the entire lease tract will be considered held by production, regardless of. by CA Morgan · Cited by 2 — STATUTORY PUGH CLAUSE (Arkansas Code. §15-73-201). The "Pugh" clause is a name given to a pooling clause ... EXHIBIT "D": Complete Joint Operating Agreement.Finally, fill out the lease A. date of lease, B. name of lessor, C. name and ... • The Arkansas pugh clause statute applies to oil and gas leases that were. Nov 2, 2022 — With the use of the clause, the nonproducing land is essentially severed, based generally on defined criteria and terms found within the clause. So in the above example, the lessee would need to surrender the 990 acres back to the lessor that were not pooled. These clauses are termed “Pugh” clauses. The ... the Pugh clause. Although Lawrence Pugh is considered to be the creator of the pugh clause, similar clauses were negotiated in leases before 1947. See Rist ... Absent a Pugh Clause, a Lessor could be exposed to the entirety of the lands ... Complete Owner's Guide · Lease Proposals · Mineral Rights Forum. Research Oil ... Closely related to the Horizontal Pugh Clause is the “Retained Acreage Clause.” Generally, a retained acreage clause will terminate the lease as to acreage ... Dec 16, 2010 — The Arkansas Supreme Court ruled against landowner who challenged to the authority of a gas gathering system to use the power of eminent ... Lessors need to negotiate a vertical severance (Pugh) clause and a horizontal severance (depth) clause, both described later, to keep this from happening.

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Arkansas Pugh Clause