Title 52 — Title 52 — Oil and Gas

§ 29.

§ 29.

Sections 1 through 7 of this act shall be known and may be cited as the "Oil and Gas Owners' Lien Act". Added by Laws 1988, c. 194, § 1, emerg. eff. June 8, 1988.

19, 2010.

19, 2010.

19, 2010.

19, 2010.

19, 2010.

19, 2010.

SHORT TITLE This act shall be known and may be cited as the “Oil and Gas Owners’ Lien Act of 2010”. Added by Laws 2010, c. 142, § 1, emerg. eff. April 19, 2010.

EXPIRATION OF LIEN - ENFORCEMENT - JOINDER AND CONSOLIDATION - COSTS - PERSONAL ACTIONS - OTHER RIGHTS AND REMEDIES A. An oil and gas lien shall expire, as to an interest owner, one (1) year after the last day of the month following the date proceeds from the sale of oil or gas s…

RIGHTS OF OPERATOR NOT IMPAIRED This act does not impair an operator's right to be paid, set-off or withhold funds from another interest owner as security for or in satisfaction of any debt or security interest. In case of a dispute between an operator and another interest owner,…

RIGHTS CUMULATIVE A. The provisions of this act and the rights granted under this act are intended to be cumulative with all other rights an interest owner may otherwise have at law or in equity. To the extent that there is a conflict between the provisions of this act and any ot…

DEFINITIONS As used in the Oil and Gas Owners’ Lien Act of 2010: 1. “Affiliate” means any person: a. who is controlled, directly or indirectly, by a first purchaser, or b. who controls, directly or indirectly, a first purchaser. “Control” or “controlled by” means the possession, …

NATURE, EXTENT AND DURATION OF OIL AND GAS LIEN A. To secure the obligations of a first purchaser to pay the sales price, and to secure the obligation of any person to pay any proceeds, as defined in Section 549.2 of this title, for the acquisition of oil and gas rights, each int…

PERFECTION OF OIL AND GAS SECURITY INTEREST An oil and gas lien is granted and exists as part of and incident to the ownership of oil and gas rights and is perfected automatically without the need to file a financing statement or any other type of documentation. An oil and gas li…

COMMINGLING If oil or gas in which there exists more than one oil and gas lien is commingled with other oil or gas in such a manner that the identity of the specific oil or gas is lost, then the oil and gas lien continues without interruption into and attaches to any such resulti…

RIGHTS OF PURCHASERS A purchaser takes free of any oil and gas lien otherwise applicable to the oil or gas so purchased, and shall be relieved of any obligations created by subsection A of Section 570.10 of Title 52 of the Oklahoma Statutes, only in the event that either of the f…

PRIORITY RELATIVE TO OTHER LIENS OR SECURITY INTERESTS Except for a permitted lien, an oil and gas lien is a lien that takes priority over any other lien, whether arising by contract, law, equity or otherwise, or any security interest. Added by Laws 2010, c. 142, § 7, emerg. eff.…

TITLE The provisions of this act shall not affect: 1. The time at which legal title to oil and gas may pass by agreement or operation of law subject to an oil and gas lien; 2. The right of a first purchaser to take or receive oil and gas under the terms of a division order, provi…

WAIVER No interest owner shall be required, as a condition or term of an agreement to sell or otherwise, to waive, relinquish or release any oil and gas lien or any rights under this act other than upon payment in full of the sales price or agree to any provision that would apply…

consequence. All persons, firms, associations, and corporations are exempt from the provisions of this article where the nature and extent of their business are such that the public needs no use in the same and the conduct of the same is not a matter of public consequence; and fo…

As used in this act: 1. "Holder" means any person in possession of property subject to this act, when said property belongs to another person; and 2. "Persons" means any individual, partnership, joint stock association, trust, cooperative, unincorporated association or corporatio…

A. The Corporation Commission shall require the establishment of an escrow account by each holder of monies in each case where: 1. Royalties, bonus payments, or other monies are directed to be paid under a pooling order, issued under the provisions of Section 87.1 of Title 52 of …

There is hereby created in the State Treasury the "Mineral Owner's Fund" the principal of which shall constitute a trust fund for persons claiming any interest in monies delivered to this state under this act. The fund shall be invested and shall not be expended except as provide…

Mineral Owner's Fund. A. The Corporation Commission shall, by the close of the second working day following the day on which the funds are received from holders, transmit the funds to the State Treasurer, who shall hold the funds in trust for the mineral owners in the Mineral Own…

The State Treasurer shall invest the monies in the Mineral Owner's Fund and shall annually apportion the interest earned as follows: 1. Twenty-five percent (25%) to the Corporation Commission to be used for plugging abandoned oil and gas wells, pursuant to Sections 308 et seq. of…

Unclaimed Property Fund. The State Treasurer shall retain custody of the Mineral Owner's Fund and annually on a date established by the Treasurer shall transfer to the Unclaimed Property Fund those monies which have been in escrow accounts and the Mineral Owner's Fund five (5) ye…

The Corporation Commission shall not finally approve the plugging of any well until the designated operator of such well files an affidavit stating that all monies arising out of the production or operation of such well: 1. have been paid to the rightful recipients over which sai…

A. The Corporation Commission and the State Treasurer are to establish, administer and enforce rules and shall establish procedures for the full coordinated implementation of Section 551 et seq. of this title. B. The operation of Section 551 et seq. of this title shall be prospec…

prohibited. Every corporation, joint-stock company, partnership or person, engaged in the business of carrying or transporting crude oil or petroleum or any of the products thereof for hire or otherwise, by pipeline, within this state, and by virtue of and in conformity to, any v…

52 O.S. § 567 Repealed by Laws 1989, c. 241, § 2, eff. July 1, 1989

52 O.S. § 568 Repealed by Laws 1989, c. 241, § 2, eff. July 1, 1989

1987.

It shall be unlawful for any corporation, joint-stock company, partnership or person, engaged in the business of carrying or transporting crude oil or petroleum, or any of the products thereof, for hire or otherwise, within the limits of this article, and not becoming a common pu…

Sections 1 through 15 of this act shall be known and may be cited as the "Production Revenue Standards Act". Added by Laws 1992, c. 190, § 1, eff. Sept. 1, 1992.

production. A. All proceeds from the sale of production shall be regarded as separate and distinct from all other funds of any person receiving or holding the same until such time as such proceeds are paid to the owners legally entitled thereto. Any person holding revenue or proc…

A division order is an instrument for the purpose of directing the distribution of proceeds from the sale of oil, gas, casinghead gas or other related hydrocarbons which warrants in writing the division of interest and the name, address and tax identification number of each inter…

owner - Calculation of revenue decimals - Measurement of gas volume reported – Electronic dissemination. A. The following information for each property and month of sale shall be included with each payment made to an interest owner from the sale of oil or gas: 1. Lease or well id…

The Corporation Commission shall promulgate rules, as needed, in furtherance of the purposes of the Production Revenue Standards Act, including but not limited to a schedule of equitable fees and expense reimbursements from working interest owners sufficient to cover the actual c…

Corporation Commission - Right of action of injured owner and costs of suit - Statute of limitations. A. The district courts within this state shall have the sole and exclusive jurisdiction to determine the entitlement of any owner in a well to: 1. Its share of proceeds from prod…

and obligation. Notwithstanding the effective dates of various provisions of the Production Revenue Standards Act, performance under the terms of the Production Revenue Standards Act which causes proper payment of proceeds to owners legally entitled thereto for sales of gas produ…

As used in the Production Revenue Standards Act: 1. "Owner" means a person or governmental entity with a legal interest in the mineral acreage under a well which entitles that person or entity to oil or gas production or the proceeds or revenues therefrom; 2. "Produce", "Producin…

The Production Revenue Standards Act shall apply to all owners and shall apply to all producing wells, regardless of the date pooled, drilled or of the date of the underlying leases; provided, however, that Sections 4, 5, 6, 7 and 8 of this act shall not apply to wells in common …

and duties - Alternative royalty disbursement procedure. A. In each month, each royalty interest owner shall share in all proceeds derived from the sale of gas production from a well to the extent of such owner's royalty interest in that well without regard to the identity of the…

and remittance functions. A. The owners owning a majority in interest of the working interest in a well or the Corporation Commission for cause upon proper application by any working interest owner and notice to all working interest owners in a well may designate a person other t…

for royalty gas. A. A royalty interest owner who has a right to sell royalty gas in kind may do so as described in the agreement creating such right, but in no event upon less than sixty (60) days' prior written notice to its lessee or lessees and the operator. Solely for purpose…

A. For purposes of the Production Revenue Standards Act a well is out of balance when cumulative gas sales on a volumetric basis for the account of all owners in a well have not been made in proportion to the respective net revenue interest of each owner. B. In a well wherein the…

Nomination of gas for producing owner's account - Producing owner's report - Gas meter owner's statement - First purchaser's or shipper's statement - Records to be maintained - Operator's rights and remedies for noncompliance - Elections and notices - Other remedies. A. Within si…

proceeds - Working interest owner's rights, duties and liability - Effect of act. A. Each owner entitled to produce shall at a minimum have the right to produce separately its proportionate production interest in monthly production, subject to balancing restrictions created by st…