Missouri 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 Missouri Pugh Clause, also known as the Pugh clause in Missouri, is a legal provision commonly included in oil and gas leases. It is named after Lawrence Pugh, an Oklahoma oil and gas operator who introduced this clause in the 1960s to address the issue of lease extensions. The purpose of the Missouri Pugh Clause is to clarify and limit the extent of the leased premises and the minerals covered within that lease. This clause becomes particularly crucial when there are multiple depths and formations on the leased property. Under the Missouri Pugh Clause, if drilling or production activities occur on a specific part of the leased premises (such as a specific depth or formation), the clause ensures that only the acreage where such activities occur remains under lease. This means that any portions of the leased premises that are not involved in active drilling or production are released from the lease. By implementing the Missouri Pugh Clause, oil and gas companies can prevent the drilling operator from holding on to large tracts of unproductive or undeveloped land while paying minimal rentals or delay rentals to keep the lease in effect. This provision helps in avoiding situations where extensive acreage remains tied up under a single lease without any genuine exploration or production efforts being made. There are variations of the Missouri Pugh Clause, depending on the specific terms and conditions negotiated between the parties. Some common types of the Missouri Pugh Clause include: 1. Depth Pugh Clause: This type of Pugh clause focuses on different depths or geologic formations present on the leased premises. It typically stipulates that if any depth specified within the clause is not producing or is not included in active drilling operations, then the lease in relation to that depth is considered terminated. 2. Formation Pugh Clause: Similarly, the formation Pugh clause addresses the various formations present on the leased property. It states that if any formation mentioned in the provision is not producing or being actively drilled, it will be released from the lease. 3. Horizontal Pugh Clause: With the rise of horizontal drilling techniques, the horizontal Pugh clause has gained importance. This clause ensures that only the acreage contained within a horizontally drilled well bore remains under the lease, while the other portions of the leased premises are released. In conclusion, the Missouri Pugh Clause is a vital element of oil and gas leases in the state. It serves to limit the leased premises to only those areas actively involved in drilling or production activities, releasing the non-productive portions from the lease. The different types of Pugh clauses allow parties to tailor their agreements specifically to address concerns related to depth, formation, or horizontal drilling.

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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.

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.

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

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 ...May 25, 2011 — There is an implied obligation to fully develop the properties. If you have the wherewithal, hire an attorney and file suit. As to future ... 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. Feb 5, 2014 — Confirming such ownership will require a potentially burdensome title examination of land outside of the subject drilling unit. The title ... Plaintiffs enter into two similar leases, each containing a continuous drilling operations clause and a Pugh clause. The property covered by the leases is ... Mar 28, 2018 — [¶1]. Whether Pugh clauses in two oil and gas leases stating “[n]otwithstanding anything to the contrary, on expiration of the primary term of ... Dec 30, 2019 — In general, Pugh clauses state that activity attributable to a unitized portion of the lease will not save an entire lease's acreage, but rather ... Rev. 703, 713 (2011). To prevent dilution of their interest, landowners often include a Pugh clause which severs the lease from units where drilling operations ...

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Missouri Pugh Clause