South Dakota Pugh Clause

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


The South Dakota Pugh Clause is an essential provision added to oil and gas leases in South Dakota. This clause specifically addresses the matter of leasehold acreage release in the event of non-production or partial production. It essentially works as a safeguard for both the lessor and lessee, ensuring that unused or unproductive leased acreage is relinquished and made available for potential leasing or development by other parties. The South Dakota Pugh Clause can vary in its specific language and terms depending on the requirements set by the lessor, lessee, or local regulations. The purpose of this variation is to cater to the unique needs and circumstances of each lease agreement. Here, we discuss two common types of South Dakota Pugh Clauses: 1. Full Pugh Clause: This type of Pugh Clause allows for the release of all non-producing or partially producing acreage at the end of the primary lease term. In the case where only a portion of the leased acreage is productive, the lessee must relinquish the unproductive acreage, freeing it up for other potential lease opportunities. 2. Vertical Pugh Clause: The vertical Pugh Clause focuses mainly on vertical depth considerations rather than surface acreage. It stipulates that if a lessee fails to produce oil or gas from a specific depth or formation, the rights for that formation will be released, while still retaining the rights to lease other depths or formations. This type of clause is particularly useful when there are multiple potential oil or gas reservoirs in the leased area. It is crucial to note that the specific terms and conditions of the South Dakota Pugh Clause may vary from lease to lease. Lessees and lessors should carefully review and negotiate the Pugh Clause to ensure its alignment with their project goals and objectives while adhering to local regulations and industry best practices. By incorporating this clause into oil and gas leases, the parties involved ensure efficient utilization of resources, encourage exploration and development, and prevent hoarding of unproductive acreage.

The South Dakota Pugh Clause is an essential provision added to oil and gas leases in South Dakota. This clause specifically addresses the matter of leasehold acreage release in the event of non-production or partial production. It essentially works as a safeguard for both the lessor and lessee, ensuring that unused or unproductive leased acreage is relinquished and made available for potential leasing or development by other parties. The South Dakota Pugh Clause can vary in its specific language and terms depending on the requirements set by the lessor, lessee, or local regulations. The purpose of this variation is to cater to the unique needs and circumstances of each lease agreement. Here, we discuss two common types of South Dakota Pugh Clauses: 1. Full Pugh Clause: This type of Pugh Clause allows for the release of all non-producing or partially producing acreage at the end of the primary lease term. In the case where only a portion of the leased acreage is productive, the lessee must relinquish the unproductive acreage, freeing it up for other potential lease opportunities. 2. Vertical Pugh Clause: The vertical Pugh Clause focuses mainly on vertical depth considerations rather than surface acreage. It stipulates that if a lessee fails to produce oil or gas from a specific depth or formation, the rights for that formation will be released, while still retaining the rights to lease other depths or formations. This type of clause is particularly useful when there are multiple potential oil or gas reservoirs in the leased area. It is crucial to note that the specific terms and conditions of the South Dakota Pugh Clause may vary from lease to lease. Lessees and lessors should carefully review and negotiate the Pugh Clause to ensure its alignment with their project goals and objectives while adhering to local regulations and industry best practices. By incorporating this clause into oil and gas leases, the parties involved ensure efficient utilization of resources, encourage exploration and development, and prevent hoarding of unproductive acreage.

How to fill out South Dakota Pugh Clause?

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FAQ

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 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.?

What is the Pugh clause in an oil and gas lease? 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.

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 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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Dec 30, 2019 — ... cover multiple tracts of lands; with a compulsory unit ... Conversely, in North Dakota, courts have been more apt to interpret such clauses ... Oct 8, 2019 — no “industry standard” Pugh Clause in Texas (although Oklahoma, North Dakota,. Mississippi, and Arkansas have established “statutory” Pugh ...We represent clients throughout all stages of a drilling program – from acquisition through divestiture – in. Texas, Oklahoma, North Dakota, Ohio, New Mexico,. Finally, fill out the lease A. date of lease, B. name of lessor, C. name and ... • The North Dakota statutory pugh clause applies to leases that have been. Merits and uses of the Pugh Clause in oil and gas leasing. Explains vertical Pugh Clauses, horizontal Pugh Clauses, and alternatives to the each. Related Searches. pugh clause example vertical pugh clause north dakota statutory pugh clause ... [c] Does a Pugh Clause Have a Horizontal As Well As a Vertical Effect? 1 This ... in North Dakota, the court held that. “governmental pooling unitization ... ... Dakota, Tennessee, Texas, Utah, Vermont, Virgin Islands, Virginia, Washington, West ... How to fill out Pugh Clause? When it comes to drafting a legal document, ... University of North Dakota, 1999 ND 25, ¶ 22 n. 4, 589 N.W.2d 880. (1) Continuous Drilling Operations. • A lease without a continuous drilling provision may be ... Jul 29, 2014 — Tank v. Citation Oil & Gas Corp., 2014 ND 123 (N.D. 2014). In Tank, the North Dakota Supreme Court reviewed and affirmed a district court ...

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South Dakota Pugh Clause