Advanced Landman's Institute

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Thursday Morning

Registration

  1. ALEX RITCHIE

    Executive Director Rocky Mountain Mineral Law Foundation, Westminster, CO
  2. STACEY GARVIN

    Director of Education and Member Services AAPL, Fort Worth, TX
  3. JAY W. BEAVERS

    AAPL; Beavers Energy LP, Sanger, TX
  4. Rebecca W. Watson

    President, Rocky Mountain Mineral Law Foundation Welborn Sullivan Meck & Tooley, P.C., Denver, CO
  5. DAVID W. MILLER

    Owner and Managing Member Miller Land Professionals LLC, Jackson, MS and Kemah, TX
  6. AMY E. SENESHEN

    Managing Partner Welborn Sullivan Meck & Tooley, P.C., Denver, CO

Introduction and Welcomes

  1. WILLIAM B. BURFORD

    Partner Kelly Hart & Hallman LLP, Midland, TX

Operating Agreements, Farmouts, Term Assignments, AMIs, Reassignment Obligations, and Rights of First Refusal

  • How a landman and title examiner should analyze and report on these common agreements and provisions
  • Terms and provisions that affect how costs are borne, allocation of production, and the exercise of future rights

  1. KATY WEHMEYER

    Santoyo Moore Wehmeyer P.C., San Antonio, TX

Customizing the Lease from the Lessee’s Perspective

  • What to do when landowners provide their own lease form and the provisions are not all appropriate for the lessee’s operations
  • Suggested amendments, necessary additions, and hidden traps in landowner forms
  • Provisions that should be added to ensure the operator can effectively develop
  • How to ensure the landowner form and added lessee provisions work together in sync

Hosted Refreshment Break

  1. John B. McFarland

    Shareholder Graves, Dougherty, Hearon & Moody, P.C., Austin, TX

Negotiating the Lease from the Landowner’s Perspective

  • The landowner’s perspective when negotiating the lease or an alternative agreement
  • Provisions that the landowner will often seek and what they mean for the lessee, including those that limit the minerals and depths leased and negate warranties of title
  • The landowner’s position on post production cost deductions, affiliate sales, limiting pooling and unitization, limiting assignments, and force majeure events
  • Provisions where the landowner will want to limit the use and mandate remediation of the surface, indemnify and insure against environmental and other risks, and provide specific remedies for default

  1. SAM G. NIEBRUGGE

    Partner Davis Graham & Stubbs LLP, Denver, CO
  2. JESSICA K. FREDRICKSON

    Associate Davis Graham & Stubbs LLP, Denver, CO

Dividing, Surrendering, and Assigning the Lease: How Pugh Clauses and Other Provisions Can Alter the Interest Covered by a Lease

  • Real property and contractual issues related to dividing or assigning interests in leases
  • Drafting tips for horizontal and vertical Pugh clauses, focusing on commonly litigated issues such as the definition of zones and how the provision works with horizontal drilling units
  • The lessee’s ability to surrender or assign a lease, the effects of entireties clauses or being subject to an area of mutual interest agreement, and royalty apportionment issue

Lunch – On Your Own

Thursday Afternoon

  1. DEANA ALLEN

    Senior Counsel Beatty & Wozniak, P.C., Denver, CO

Non-Traditional Lease Terms and When to Use Lease Ratifications

  • How to properly draft top lease provisions, including how to provide proper notice of the secondary lessee’s rights and how to avoid violating the rule against perpetuities
  • How to effectively lease from parties with a temporary interest
  • How to properly draft lease options and what is required to properly exercise them
  • Timing issues, from the purpose and effect of lease ratifications to how to account for the number of days in a lease term

  1. Timothy C. Dowd

    Attorney Elias, Books, Brown & Nelson, P.C., Oklahoma City, OK

Wellbore Assignments

  • How to analyze a wellbore assignment and the critical thinking that must take place to ensure the title opinion properly reports title
  • Properly limiting the assignment to the depth of the wellbore
  • Whether the assignor has the right to drill another well to the existing producing formation
  • Discussion of reported decisions on wellbore assignments
  • Tips on drafting wellbore assignments and practical advice on addressing the issues that result from such assignments

Hosted Refreshment Break

  1. Terry I. Cross

    Founding Partner McClure & Cross LLP, Dallas, TX

Article XVI of the JOA: Additional Provisions in the AAPL Model Form Operating Agreement

  • Common provisions of JOAs that address asset and transaction specific issues
  • Multi-state variances between JOAs
  • Why Article XVI of the AAPL Model Form JOA creates litigation
  • Discussion of best practices in drafting and negotiating JOA provisions

Hosted Reception for Registrants, Speakers & Guests

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Friday Morning

  1. SHERRY BURSEY

    Senior Counsel Anadarko Petroleum Corporation, Denver, CO
  2. ERIN K. MURPHY

    Senior Attorney Encana Oil & Gas (USA) Inc., Denver, CO
  3. BLAKE M. PICKETT

    Senior Counsel Franklin Mountain Energy, Denver, CO
  4. ERIKA Z. ENGER

    Senior Counsel WPX Energy, Inc., Denver, CO

The Relationship Between In-House Counsel and Landmen

  • Discussion of the working relationship between landmen and lawyers working in oil and gas companies
  • Practice tips on providing better service to the common client

  1. Philip C. Lowe

    U.S Department of the Interior Office of the Solicitor, Lakewood, CO
  2. TIMOTHY ABING

    Energy Liaison U.S. Forest Service, Lakewood, CO

Surface Uses Related to Federal Oil and Gas Development on Public Lands

  • Agency perspectives on BLM and Forest Service surface use management requirements, including split estate and multiple lease, fee-fee-fed scenarios
  • Navigating project planning in context of land status, lease stipulations, and authorizing ancillary facilities and uses

Hosted Refreshment Break

  1. CHRISTOPHER S.C. HEASLEY

    Partner Kirkland & Ellis LLP, Houston, TX
  2. DAVID WILDES

    Managing Counsel Newfield Exploration, The Woodlands, TX

Applying Title Defect Mechanics Under a Typical Purchase Agreement

  • In-depth look at the typical title defect structures in a purchase and sale agreement, together with variances across basins and assets
  • Examples that may constitute title defects under a customary purchase and sale agreement
  • Best practices for drafting title defect notices

  1. James H. Dupuis, Jr.

    Partner Kean Miller LLP, The Woodlands, TX
  2. Joseph C. Pierzchala

    Shareholder Welborn Sullivan Meck & Tooley, P.C., Denver, CO

State Law Regimes Governing Surface Use

  • A review of state laws administered by oil and gas regulators related to surface use and impacts, including bonding and adjacent property owner issues
  • Mandatory pre-drilling agreements and other requirements for notice, negotiation, and siting of surface disturbances with surface owners in various states

Lunch – On Your Own

Friday Afternoon

  1. KEITH B. HALL

    Director, Mineral Law Institute; Campanile Charities Professor of Energy Law Louisiana State University, Paul M. Hebert Law Center, Baton Rouge, LA

Single Well Spacing and Pooling: State Spacing and Jurisdiction Over Conservation

  • Single well pooling and the role of state conservation commissions
  • State differences
  • Role of federal supervision over federal oil and gas leases
  • Application of the federal preemption doctrine
  • Memoranda of understanding to resolve conflicts in concurrent jurisdictions
  • Infill wells in spaced unit

  1. JOHN S. DZIENKOWSKI

    John F. Sutton, Jr. Chair in Lawyering and the Legal Process University of Texas School of Law, Austin, Texas

The Ethics of Lease Negotiation

  • How to ethically negotiate a lease and prevent any disputes down the road, with references to the ABA Model Rules and the AAPL Code of Ethics and Standards of Practice
  • Whether land professionals and attorneys have a duty of good faith and fair dealing in negotiating oil and gas leases
  • What must be offered prior to commencing a compulsory pooling action
  • Selling produced hydrocarbons in non-arms-length transactions

Course Adjournment