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PostHeaderIconURGENT ACTION NEEDED

URGENT ACTION NEEDED

SUPPORT HOUSE BILL 2688 CALL YOUR LEGISLATOR TODAY!

After many many years Industry, Mineral owners and Surface owners have all worked on a bill regarding forced pooling.  We believe this bill will help royalty owners in that it requires any forced pooled owner to receive royalties deduction free.  Since deductions can take as much as 2/3 of your royalty check it has increased the likely hood that you will be able to negotiate a lease without deductions more easily now.  In addition to this it replaces the deep well statue which is extremely unfavorable to the mineral owner and replaces it with this bill.  The utica is here and is getting great results, if we don't pass this bill Industry will be able to take utica for almost nothing.  Please take a moment to email or call your House Representatives today!  Below is list of their phone number and emails.  Let's put this issue to rest!

Delegates

Name

Email

Phone

George Ambler

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(304) 340-3129

William Anderson

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(304) 340-3168

Tim Armstead

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(304) 340-3210

Lynne Arvon

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(304) 340-3384

Bob Ashley

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(304) 340-3185

Mike Azinger

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(304) 340-3202

Mick Bates

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(304) 340-3180

Saira Blair

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(304) 340-3122

Brent Boggs

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(304) 340-3142

Anna Border-Sheppard

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(304) 340-3136

Jim Butler

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(304) 340-3199

Andrew Byrd

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(304) 340-3362

Scott Cadle

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(304) 340-3118

Denise L. Campbell

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(304) 340-3145

Ray Canterbury

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(304) 340-3131

Mike Caputo

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(304) 340-3249

Roy Cooper

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(304) 340-3119

Daryl Cowles

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(304) 340-3220

Frank Deem

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(304) 340-3137

Walter Duke

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(304) 340-3188

Jeff Eldridge

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(304) 340-3113

Joe Ellington

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(304) 340-3269

Paul Espinosa

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(304) 340-3130

David Evans

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(304) 340-3151

Allen V. Evans

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(304) 340-3399

Larry Faircloth

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(304) 340-3147

Tom Fast

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(304) 340-3170

Michael T. Ferro

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(304) 340-3111

Barbara Evans Fleischauer

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(304) 340-3127

Shawn Fluharty

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(304) 340-3270

Michael Folk

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(304) 340-3350

Geoff Foster

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(304) 340-3121

Cindy Frich

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(304) 340-3125

Marty Gearheart

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(304) 340-3179

Nancy Peoples Guthrie

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(304) 340-3156

Bill Hamilton

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(304) 340-3167

Danny Hamrick

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(304) 340-3141

Roger Hanshaw

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(304) 340-3135

William G.Hartman

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(304) 340-3178

Kenneth Hicks

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(304) 340-3155

Jordan Hill

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(304) 340-3352

Sean Hornbuckle

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(304) 340-3395

Eric L. Householder

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(304) 340-3274

Gary G. Howell

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(304) 340-3192

Michael Ihle

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(304) 340-3146

Lynwood Ireland

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(304) 340-3195

John R. Kelly

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(304) 340-3394

Kayla Kessinger

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(304) 340-3197

Brian Kurcaba

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(304) 340-3173

Patrick Lane

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(304) 340-3252

Linda Longstreth

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(304) 340-3124

Dana Lynch

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(304) 340-3916

Tim Manchin

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(304) 340-3331

Justin Marcum

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(304) 340-3126

John B. McCuskey

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(304) 340-3183

Pat McGeehan

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(304) 340-3397

Tim Miley

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(304) 340-3240

Carol Miller

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(304) 340-3176

Michel Moffatt

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(304) 340-3152

Clif Moore

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(304) 340-3165

Jim Morgan

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(304) 340-3277

Rick Moye

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(304) 340-3162

Joshua Nelson

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(304) 340-3184

Eric Nelson

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(304) 340-3230

John D. O'Neal IV

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(304) 340-3164

John Overington

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(304) 340-3148

Amanda Pasdon

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(304) 340-3265

Don Perdue

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(304) 340-3355

David G. Perry

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(304) 340-3337

David Pethtel

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(304) 340-3158

Rupert Phillips Jr.

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(304) 340-3174

Linda Goode Phillips

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(304) 340-3163

Mike Pushkin

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(304) 340-3106

Doug Reynolds

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(304) 340-3280

Ralph Rodighiero

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(304) 340-3297

Matthew Rohrbach

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(304) 340-3221

William R. Romine

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(304) 340-3226

Ruth Rowan

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(304) 340-3157

Larry L. Rowe

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(304) 340-3287

John Shott

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(304) 340-3252

Stephen Skinner

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(304) 340-3248

Peggy Donaldson Smith

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(304) 340-3123

Randy E. Smith

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(304) 340-3396

Kelli Sobonya

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(304) 340-3175

Isaac Sponaugle

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(304) 340-3154

Chris Stansbury

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(304) 340-3340

Joe Statler

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(304) 340-3900

Erikka Storch

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(304) 340-3378

Amy Summers

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(304) 340-3139

Patsy Samuel Trecost II

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(304) 340-3102

Jill Upson

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(304) 340-3366

Danny Wagner

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(304) 340-3398

Ron Walters

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(304) 340-3194

Terry Waxman

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(304) 340-3171

Ryan Weld

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(304) 340-3367

Steve Westfall

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(304) 340-3140

Brad White

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(304) 340-3138

Harry Keith White

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(304) 340-3304

Larry A. Williams

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(304) 340-3160

Mark Zatezalo

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(304) 340-3120

 

 

PostHeaderIconHouse Bill 2688

House Bill 2688 regarding pooling was introduced last week.  We as an organization had the opportunity to work with the other stake holders in regards to what issues are important to us.  We are happy to announce that a compromise was reached between  royalty owner associations, surface owner associations and the industry.  As with any compromise, no one got a bill that they are 100% happy with, but we all have a bill that is fair.

The biggest win for royalty owners in the bill is that the royalties for forced interests will be cost free (without deductions).  Also, this bill revises the current deep well statute which is extremely unfriendly towards royalty owners and currently allows forced pooling of all formations below the Onondaga, which means the Utica.  In addition, the proposed bill expands the commission to seven to include representation for both a surface owner and mineral owner.  It also increases the percentage of owners in a unit in which an operator needs to have leased consent to 80% and allows for an appeals process at the circuit court level.

 

We, as an organization, think that this bill has come a long way since its first introduction and that it is the best pooling bill we could achieve, and are hoping you will contact your legislator and tell them you would like to see this passed.

Last Updated (Tuesday, 17 February 2015 14:16)

 

PostHeaderIcon2015 Legislative Session

The 2015 Legislative session has begun!

You will be pleased to know the West Virginia Royalty Owners Association has been down at the Capitol representing the state’s royalty owners.  Forced pooling as always is a major topic of this session.  We have spent numerous days discussing Forced Pooling and related  issues with the heads of IOGA, NARO, SORO, West Virginia Farm Bureau, West Virginia Land and Mineral, West Virginia Oil and Gas Association and delegates of the State Senate and House of Representatives.  These discussions have been very productive, with all sides demonstrating a desire to negotiate in good faith to get this matter settled once and for all.  We are cautiously optimistic that this will be accomplished.

Last Updated (Friday, 16 January 2015 15:42)

 

PostHeaderIconWhat Post Production Deductions will Do to YOU

How Post Production Deductions Affect Your Royalty Check

We advocate a cost free royalty clause whenever someone asks about a lease, so the question is what really are “Post Production Costs”?  Here is a list of some of the deductions we recently saw on a royalty check:

Compression Fee (3 different types)

Fractionation Fee

Marcellus Cone Gathering System Charges

Marcellus Flat Fee Production ($1.20)

Marcellus Post Production Cost (3 different types)

Marketing Fee

Plant Processing Fee (2 different types)

Transportation (2 different types)

This is how much a simple 12.5% royalty would be impacted by allowing for post-production costs.

Value Column Total

$2,683,820.37

$2,683,820.37

Deductions

$1,504,274.07

$0.00

Net Column Total

$975,586.07

$2,683,820.37

Unitized Royalty Percentage

0.00074607

0.00074607

Take Home Check

$727.79

$2,002.32

Net Royalty

4.54%

12.50%

 

This Royalty Owner would lose $1,274.53 a MONTH! Over HALF of what they should have gotten.

 

PostHeaderIconLeasing Clauses to Look for

Top Leasing Clauses to Include or Remove!

1.  Specific Depth Reservation

· Lease only the Marcellus, or only the shallow formations; never lease the surface to center of the earth.

2.  Lease only Your Tract

· Avoid language that includes words such as adjacent, or contiguous; it can allow them to hold your tract even though there is no production.

3.  Your Royalty Payments are Deduction Free

· Deductions or post production expenses on royalty payments can reduce a 12.5% lease to under 6%.

4.  Avoid Enhancement Clauses

· Enhancement clauses have been used against royalty owner’s under the guise of ‘The gas is not marketable at the well head, so transportation is an enhancement’; even if your lease says deduction free.

5.  Pugh Clause

· If a portion of your acreage is not included in a unit, the non-developed acreage is released, allowing for another company to potentially develop it.

6.  Warranty of Title

· Do not give any warranty on your title, in most cases you haven’t done title and they have approached you wanting to lease.

7.  Limit on Shut in Payments

· Put a time limit for how long a shut in payment can hold your lease in full effect.

8. ALWAYS Consult a Lawyer

· These are a few things to watch for and should not be considered legal advice, find a good oil and gas lawyer that will be able to assist in the leasing process.