Arizona Pugh Clause

State:
Multi-State
Control #:
US-OG-843
Format:
Word; 
Rich Text
Instant download

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.

The Arizona Pugh Clause, also known as the Pugh Clause in Arizona, is a legal provision commonly used in oil and gas leases to determine how the termination or expiration of a lease affects the retention of mineral rights. This clause plays a crucial role in Arizona's oil and gas industry as it ensures clarity and efficiency in lease agreements. In Arizona, the Pugh Clause typically operates by requiring lessees to release certain portions of the leased premises upon termination or expiration of the lease that are not actively producing or held by production. This means that if a lessee fails to adhere to the requirements outlined in the Pugh Clause, they may lose their rights to any undeveloped areas within the leased property. The Arizona Pugh Clause is especially important when dealing with oil and gas leases that cover large areas or multiple formations. It allows for the separation of rights, preventing the lessee from holding onto unproductive acreage and tying up potential development opportunities for an extended period. One variant of the Arizona Pugh Clause is called the "Horizontal Pugh Clause." This type of clause specifically addresses horizontal drilling operations where oil and gas exploration occurs at multiple depths and formations. The Horizontal Pugh Clause stipulates the release of depths or formations unrelated to the producing well, thereby granting the lessor the freedom to lease those areas to other potential operators. Another example is the "Vertical Pugh Clause," which focuses on vertical drilling operations. It requires the lessee to release subterranean depths or formations that are not part of an actively producing well, allowing the lessor to explore potential development options for unused areas. Overall, the Arizona Pugh Clause ensures that leases remain in line with industry standards and practices, promoting efficient utilization of land resources. It protects the rights of both the lessee and lessor, preventing unnecessary delays in exploration and development while providing clarity regarding the retention of mineral rights.

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FAQ

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 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.

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.

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.

The Pugh Clause ? A clause in the Oil and Gas Lease which modifies usual pooling language to provide that drilling operations on or production from a pooled unit will not preserve the whole lease.

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More info

For example a Pugh Clause that begins: “If, at the end of the Primary Term, a portion or portions of the leased premises is pooled or unitized with lands as ... Closely related to the Horizontal Pugh Clause is the “Retained Acreage Clause.” Generally, a retained acreage clause will terminate the lease as to acreage ...Download the document. Once the Pugh Clause is downloaded you are able to fill out, print out and sign it in any editor or by hand. Get professionally ... 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. After commencing drilling operations, the lessee must diligently conduct such operations in a bona fide effort to drill and complete the well as a producer. The ... Feb 5, 2014 — Confirming such ownership will require a potentially burdensome title examination of land outside of the subject drilling unit. The title ... Dec 30, 2019 — The overall lesson is to review your state's jurisprudence before signing off on a Pugh clause, and make sure to be as specific as possible. Feb 6, 2023 — A pugh Clause seeks to create a limitation within the contract. A correctly written Pugh Clause contains a recognizable trigger that places it ... by GS Warren · 2014 · Cited by 1 — This article will discuss the requirements for valid pooling under a voluntary lease provision and look at the remedies available for invalid or ... 6 Feb 2023 — A pugh Clause seeks to create a limitation within the contract. A correctly written Pugh Clause contains a recognizable trigger that places it ...

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Arizona Pugh Clause