skip to main content
OSTI.GOV title logo U.S. Department of Energy
Office of Scientific and Technical Information

Title: Assigning gas balancing rights in the absence of a gas balancing agreement

Journal Article · · Energy Law Journal; (United States)
OSTI ID:5526992

When two or more working interest owners share an undivided interest in a natural gas well, it is not uncommon for production imbalances to occur. Sometimes such imbalances are remedied pursuant to a gas balancing agreement (GBA) entered into by the interest owners. However, if no GBA is entered into, the common law rules of cotenancy and any other agreement between the parties will be used to cure the production imbalance. In [open quotes]Weiser-Brown Oil Co. v. Samson Resources Co.[close quotes], the Court of Appeals for the Eighth Circuit held that, absent a GBA, a co-owner has no contractual right to recoup underproduction, only a right to an accounting as between cotenants, and that this right to an accounting does not run with the land to subsequent cotenants, but is only personal to the cotenant who has underproduced. This note analyzes the [open quotes]Weiser-Brown[close quotes] decision by first addressing the common law of cotenancy and how the common law is affected by the existence of an operating agreement. The conclusion reached is that, under an operating agreement, the right to make up an underproduction, even absent a GBA, is an assignable contract right, and that this right runs with the land to inure to subsequent grantees of the original part to the operating agreement.

OSTI ID:
5526992
Journal Information:
Energy Law Journal; (United States), Vol. 14:2; ISSN 0270-9163
Country of Publication:
United States
Language:
English