Wyoming Pugh Clause

State:
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.

The Wyoming Pugh Clause is a legal provision that can be found in oil and gas leases in the state of Wyoming. It is an important clause that pertains to the termination and separation of mineral rights. The Wyoming Pugh Clause is named after Lawrence T. Pugh, an attorney who developed this provision in the early 1960s. It is primarily designed to allow the lessor (landowner) to terminate a specific portion of their mineral rights while maintaining ownership of the remaining portions. This clause becomes relevant when an oil and gas lease covers multiple tracts or formations. It ensures that if the lessee (oil and gas company) chooses to produce from only a portion of the leased lands or formations, the lease will not be extended indefinitely, and the lessor will regain control over the non-producing areas. There are different types of Wyoming Pugh Clauses that can be used based on the desired outcome. These types include: 1. Full Pugh Clause: In this type, if the lessee stops producing from one or more formations or tracts within the leased lands, the lease automatically terminates for those specific areas, but remains active for the producing formations or tracts. 2. Partial Pugh Clause: This type allows the lessor to specifically identify certain formations or tracts within the lease that will terminate if the lessee stops production from them. The remaining formations or tracts will continue to be covered by the lease. 3. Horizontal Pugh Clause: Particularly relevant in the context of horizontal drilling, this clause enables the lessor to terminate the lease for any non-producing intervals within the comprehensive horizontal formation. This ensures that only productive sections of the formation remain under lease. 4. Depth Pugh Clause: This provision allows the lessor to terminate the lease for any non-producing depths or intervals within a vertical well bore. It ensures that the lessee does not indefinitely hold the entire depth below the deepest production. 5. Time Pugh Clause: This type of Pugh Clause specifies that if the lessee fails to produce within a set timeframe from a certain formation or tract, the lease automatically terminates for that particular area. In summary, the Wyoming Pugh Clause serves as an important mechanism for landowners to protect their rights in oil and gas leases. It allows for the termination and separation of non-producing areas or intervals, ensuring that the lessor can regain control and make alternative arrangements if desired.

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FAQ

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.

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. Pugh clause negates this general rule.

A clause in an oil and gas lease establishing the acreage around a producing well or pooled unit that the lessee is allowed to retain after termination of the lease if certain conditions are met. There is no standard retained-acreage clause, and these clauses vary by lease.

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.

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.

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by ST Throne · 1996 — Another method of obtaining vertical segregation is the Pugh Clause. A typical Pugh. Clause provides "that if a portion but not all of the leased acreage ... Finally, fill out the lease A. ... A horizontal severance happens between two subsurface strata. • Vertical Pugh Clause – refers to a defined portion of land ...Apr 8, 2020 — In its most basic form, a Pugh clause provides that a lease will expire at the end of the primary term as to any lands and/or strata which are ... Feb 24, 2022 — The purpose of these guidelines is to provide helpful tips to landowners who are negotiating mineral leases or surface use agreements. A horizontal Pugh clause “has the effect of severing a leasehold as to the ... For example, the BLM Wyoming website offers the Corporate Name Change & Mergers ... On this blog, we have posted our complete Fee Lease 101 Series covering many of the standard fee oil and gas lease provisions from the granting clause to the ... A Pugh clause allows for splitting out pooled acreage from the rest of the lease. This becomes important if you own a large tract of land that might span ... 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 ... 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. Pugh Clause: a Lessor-friendly Oil and Gas Lease clause that, once triggered ... Recompleting / Recompletion: the process of completing a Well in a different ...

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Wyoming Pugh Clause