Montana Declaration of Election by Lessor to Convert Royalty Interest to Working Interest

State:
Multi-State
Control #:
US-OG-311
Format:
Word; 
Rich Text
Instant download

Description

This form is used when the Declarant reserved a (Fraction or Percentage) royalty interest, and the option, but not the obligation, to convert the reserved royalty interest to an undivided percentage working interest, at payout, as defined in the Lease.

How to fill out Declaration Of Election By Lessor To Convert Royalty Interest To Working Interest?

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FAQ

What Is Working Interest? Working interest is a term for a type of investment in oil and gas drilling operations in which the investor is directly liable for a portion of the ongoing costs associated with exploration, drilling, and production.

In contrast to a royalty interest, a working interest refers to an investment in an oil and gas operation where the investor does bear some costs for exploration, drilling and production. An investor holding a royalty interest bears only the cost of the initial investment and isn't liable for ongoing operating costs.

ORRIs are created out of the working interest in a property and do not affect mineral owners. An overriding royalty interest (ORRI) is often kept or assigned to a geologist, landman, brokerage, or any entity that was able to reserve an interest in the properties.

An overriding royalty interest (ORRI) is similar to a royalty interest in that it is also a portion of the proceeds from the sale of production. However, it is not retained under the terms of the oil and gas lease. An ORRI is granted, assigned and created under the terms of a separate document.

An overriding royalty is ?carved out of? the working interest. If ABC Oil Company acquires an oil and gas lease covering Blackacre that reserves a 25% royalty, ABC has a 75% net revenue interest. ABC can convey a share of that net revenue interest as a royalty.

To calculate the number of net royalty acres I'm selling, I use this formula: [acres in tract] X [% of minerals owned] X 8 X [royalty interest reserved in lease] X [fraction of royalty interest being sold]. 640 acres X 25% X 8 X 1/4 X 1/2 = 160 net royalty acres.

The value of a royalty interest is derived from expected future revenues generated by leasing and/or production, which are largely determined by oil and gas market prices and the current drilling environment.

Several factors determine the value of an overriding royalty interest in a working lease. They include: Location ? A mineral interest in high producing shale basins will be more valuable. Producing Wells ? Producing wells are valued higher than non-producing wells.

An overriding royalty interest (ORRI) is an interest carved out of a working interest. It is: A percentage of gross production that is not charged with any expenses of exploring, developing, producing, and operating a well.

How to calculate the overriding royalty interest? ORRI = NRI * 5 percent. $750,000 * 0.005 = $3,750.

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Montana Declaration of Election by Lessor to Convert Royalty Interest to Working Interest