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the Third Circuit addressed the question of whether or not a mineral lessee must pay its lessor full lease-basis royalties for production undertaken during the effective period of a conditional allowable but prior to the effective date of a unit order. [1] Anglo-Dutch Energy, L.L.C. , Anglo-Dutch Energy, L.L.C. , Anglo-Dutch Energy, L.L.C. ,
Cimarex instead chose to rely on production from several wells Anadarko drilled in 2011 and 2012. The resulting settlement agreement required Anadarko to pay Cimarex for its 1/6th co-tenant share of the value of production, less Cimarex’s 1/6th share of the reasonable drilling completion and operations costs.
Recently, when there was talk about Houston-based ATP Oil and Gas’ (ATP) legal problems, it was inevitably about its bankruptcy and its effort to bring the overriding royalty interests it had conveyed back into the bankrupt estate as debt instruments. 110.4 & NPDES General Permit, Part I, Section C.3
Given the fact that oil and gas operators often utilize concursus actions in disputes over mineral proceeds/royalties, the Court’s application of Article 4659 ensures that operators can continue to rely on the deposit of funds as satisfying not only their financial obligation to concursus claimants but also to the Court. However, art.
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