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VOLUME 14, ISSUE 9 NOVEMBER 2016
Vice President’s LetterXMAS Party Invite 3
XMAS Commitment 4
Form
New Members 5
Questions from the 6
field
Industry Affairs 7-10
5K Fun Run Pics 11-13
AAPL Events 14
GNO Pics 15-17
As I sit to write this letter, the sun is setting on the first week with Donald Trump as our nation’s President-elect. Don’t stop reading now; there is no political propaganda to follow. I do, however, want to point out that I appreciate the progression of my road to President of OCAPL didn’t involve an 18 month campaign with the loss of friends (and possibly family). It’s safe to say we all want the best for our great country as well as for our industry. I’m excited about the opportunity to serve as President of OCAPL during this pivotal year in which we are all hoping ends with us breathing a little easier in the oil and gas business. Despite 2016 being a year of downturn and split opinions, OCAPL has continued to thrive and maintain solid involvement, sponsorships and even added an event to the schedule. In our first annual OCAPL Fun Run and 5K, we saw tremendous support by raising over $2000 for each of our charities; Limbs for Life and Tenaciously Teal. It was a great event that brought out over 100 OCAPL members and their families to enjoy Spaghetti Eddie, Phill Me Up Cheesesteaks, The Big Friendly Beer Truck, bounce houses and face painting. A big thanks to the Fun Run committee of Dan Dickensheet, Heather Rohlmeier and Joey Barnhill and all the other volunteers that made this event happen.
I would like to congratulate our 2016 Landman of the Year, Lindsey Miles! Lindsey’s hard work and dedication to OCAPL, AAPL, and our industry is admirable and she is well deserving of this award! I am especially proud of Lindsey as she is a close friend and was one of the major contributors to my involvement in the OCAPL.
Congratulations are also in order for the 2016 William (Bill) Majors Distinguished Service Award winner Phil Lowry. This award goes to those who have made an exceptional mentoring contribution to OCAPL, the Land profession, the petroleum industry and the community. Phil’s contribution to mentoring field landmen has been paramount in the oil and gas industry for years.
Last but not least, congratulations Scott Stone for winning OCAPL’s first Lifetime Achievement Award. It was moving to watch Scott’s genuine surprise as Julie Woodard started the introduction while his family moved to the front. Scott’s leadership, integrity, and contribution to the profession and the community made him an easy choice for this award. In true Scott Stone fashion, he ended his touching acceptance speech with the best darn yodeling this side of Zurich!
I also want to thank Nick Watkins as his term as OCAPL President ends. His leadership during this downturn was impressive. Nick was successful in keeping OCAPL within its budget while adding new events and maintaining the quality of events our membership is accustomed to. Thank you Nick!
Don’t forget to mark your calendar for the OCAPL 2016 Christmas party on December 5th at the Skirvin Hotel.
Sincerely,
Robert Rice
Points of Interest
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Dec. 5th
Jan. 9th
Feb. 6th
Mar.6th
Apr. 3rd
May 22nd
Christmas Party – Skirvin Hilton Hotel – Downtown OKC
Educational Luncheon – Speaker TBAMonday Night Meeting – Social Meeting – No Speaker
Educational Luncheon – Speaker TBAMonday Night Meeting – Presidents Night – Speaker – Pamela Feist, AAPL President
Educational Luncheon – Speaker TBAMonday Night Meeting – Speaker – Steven C. Agee, PH.D, Dean & Professor of Economics, Meinders School of Business, OCU
Educational Luncheon – Speaker TBAMonday Night Meeting – Speaker TBA
Oak Tree Golf and Country Club
*SUMMER BREAK*
*IF YOU WOULD LIKE TO BE A LUNCHEON SPONSOR, PLEASE CONTACT RYAN CLOER AT [email protected]
*GO TO WWW.OCAPL.ORG TO REGISTER FOR EVENTS*
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LAST CHANCE TO HELP SUPPORT OCAPL RAFFLE OKLAHOMA CITY ASSOCIATION OF PROFESSIONAL LANDMEN
2016 Christmas Raffle Commitment Form
Sponsor Name__________________________________________________________________ Address_______________________________________________________________________ City_______________________________, State_________________, Zip _________________ Contact Name__________________________ Contact Phone____________________________ Contact Email_____________________________________ MONETARY DONATIONS: Please select level of sponsorship and enter the specific amount to be donated. All checks should be made payable to the Oklahoma City Association of Professional Landmen. _____ Platinum Sponsorship ($5,000 or more) $ ___________________ _____ Gold Sponsorship ($2,500 - $4,999) $ ______________________ _____ Silver Sponsorship ($1,000 - $2,499) $ _____________________ _____ Bronze Sponsorship (Up to $999) $ ________________________ OTHER DONATIONS: Please describe in detail the prize to be donated and its estimated value. Please send your donation and a copy of the completed commitment form directly to OCAPL at the following address by this SATURDAY, November 19 , 2016: Oklahoma City Association of Professional Landmen P.O. Box 18714
Oklahoma City, OK 73154 Alternative delivery/pick-up arrangements can be made if required. For questions, please contact:
Jordan McGee: [email protected], 405-607-3411 Heather Cotter: [email protected], 405-242-2725
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Questions from the Field
Timothy C. DowdELIAS BOOKS BROWN & NELSON
Editor’s Note: Each month this column will be de-voted to answering oil and gas title questions.
Q: The Oklahoma Statutes provide for an Affidavit of Pooling. Frequently these Affdiavits do not appear to have been recorded. What is the impact or downside to not filing an Affidavit of Pooling? – G.M.
A: On July 1, 1993, Oklahoma Statute 52 § 87.4 was enacted. The statute recites the following:
An affidavit evidencing any election for the drilling of a well under a pooling order issued pursuant to the proceedings set out in subsection (e) of Section 87.1 of Title 52 of the Oklahoma Statutes shall constitute con-structive notice of the rights under the election claimed by the affiant when the affidavit is filed of record in the office of the county clerk for the county in which the lands described in the pooling order are located. The affidavit shall set out the name, addresses, if known, the election or deemed election for each pooled re-spondent included in the affidavit and shall have a copy of the pooling order attached. The affidavit may be filed by the operator designated in the pooling order of by any other interested party with knowledge of any elec-tion made. Filing of the affidavit shall not affect notice provided by virtue of pooling proceedings conducted by the Commission.
Despite the fact that the statute recites that the affida-vit constitutes constructive notice of the election under the pooling, many operators fail or decline to file the statutory pooling affidavit.
The impact of an applicant’s failure to file an affidavit of pooling has not resulted in any reported decisions on the lack of constructive notice to a subsequent purchas-er, mortgagee, or creditor.
One assertion is that the OCC proceedings are public record and, therefore, are notice to all parties. How-ever, the elections could not be considered to be public record as they are in the records of the applicant.
In a bankruptcy case decided by the Northern District of Texas, the plaintiffs asserted the filing of the affida-vit under § 87.4 was required to establish constructive notice of a bank’s liens on pooled acreage. As the court had already determined that a recording of a blanket mortgage, which did not describe certain properties, did not constitute constructive notice, the court de-clined to address the assertion.
Questions from the FieldTimothy C. Dowd
ELIAS BOOKS BROWN & NELSON
Editor’s Note: Each month this column will be devoted to answering oil and gas title questions.
Q: I examined an Oil and Gas Lease dated July 1, 1984, covering tracts in Sections 1, 2, 3, 4, 5 and 6. I have also examined copies of Oklahoma Corporation Commission Completion Reports (Form 1002) for the Smith 1-1 Well drilled in the SE/4 and the Smith No. 2 Well located in the NE/4 of Section 1.
During the primary term of the lease, two wells were drilled on the lands in Section 1. The first well, which is denoted as the Smith 1-1 Well, was commenced on October 13, 1984 and drilled in the S/2 SE/4 (which is not part of the leased tract). The Smith 1-1 was completed in a formation, which was established as a 160-acre drilling and spacing unit for the SE/4.
A second well, denoted as the Smith No. 2 Well, was drilled in the NE/4 of Section 1 (part of the leased tract) on April 24, 1986, and completed in the Hartshorne formation. The Hartshorne formation has not been established as a drilling and spacing unit for the NE/4 of Section 1.
Does the drilling of the Smith 1-1 Well in a drilling and spacing unit of 160-acres cause the lease to terminate outside the SE/4? What is the impact of the Smith No. 2 Well Well on the extension of the Smith 1-1 lease?
A: Title 52 O.S. 87.1(b) recites: "In case of a spacing unit of one hundred and sixty (160) acres or more, no oil and/or gas leasehold interest outside the spacing unit involved may be held by production from the spacing unit not more than ninety (90) days beyond expiration of the primary term of the lease." (This statute is frequently described as the “Statutory Pugh Clause”).
Unfortunately, there is no case law and only one law review article that construes this statute and its impact on wells drilled. The only guidance is the wording of the statute. In this situation the oil and gas lease would not have been extended solely by virtue of production from the spacing unit and the well drilled in the SE/4, but the lease was
The statute is deficient as to the timing when the OCC applicant should record the affidavit of pooling. A typi-cal Oklahoma Corporation Commission Pooling Order allows respondents twenty days after the entry of the Order in which to make an election. If no election is made within the twenty-day period, then a respondent is deemed to have an election made for him under the terms of the order. An unanswered question is who prevails when an intervening claimant records his con-veyance or claim on the 21st day following the entry of a Corporation Commission Order. It doesn’t seem equi-table that an intervening claimant could claim priority over a pooling applicant or other party affected by the pooling order.
Short answer: We don’t know the impact of not filing an Affidavit of Pooling.
Note: If you have any title questions you want an-swered, email your questions to [email protected].
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Oil, Earthquakes and the Rush to Save OklahomaBloombergNovember 14, 2017 David Wethe
Brian Kalt’s got a pretty funky plan to stop the surge in earthquakes in Oklahoma and save the state’s reeling oil industry.
The key is to come up with an alternative to dumping drillers’ waste water right back into the ground, so Kalt’s little company will extract the salt particles, release the purified water into rivers and, then, to defray costs and make the scheme economically viable, sell the salt for use on snowy roads and in industrial machinery. (With a little more scrubbing, it could even be served on kitchen tables.) Kalt says he’s already signed tentative deals with salt companies and is, naturally, excited about his innovation. “This is the silver bullet,” he says.
There are very few spots across America’s vast oil patch right now that have a buzz to them, a sense that their business is hot or about to take off. The niche market for dirty-water disposal in Oklahoma -- measured at about $3 billion -- is definitely one of them.
Kalt forms part of a crush of entrepreneurs who are cooking up ways
to fix Oklahoma’s quake problem. There’s an MIT grad who concocted a system that turns the salt slurry into a thick, and easier to dispose, brine; and an Oklahoma native who devised a process that allows drillers to put the water to use in other parts of their operations; even General Electric Co. is tinkering with an idea or two (though it wasn’t willing to reveal much about what they might look like).
It’s not clear that any of these solutions will work, and if they do, it’s not clear that there’s much money to be made in the business, but that’s not stunting the enthusiasm any. The whole thing has a certain gold rush feel to it, said Bill Hermann, marketing director of Tulsa-based Produced Water Technologies LLC.
“Everybody thinks they’re going to get rich and they’re scheming up grand ideas on how to address the problem,” Hermann said. He and his colleagues have ginned up yet another alternative: a system that would essentially trap the heat produced by oilfield equipment and use it to evaporate the water.
The stakes couldn’t be higher for Oklahoma. Oil is king here. The industry is the state’s largest source of tax revenue and employs one out of every seven workers. Daily output has doubled over the past five years to 421,000 barrels a day, placing the state fifth in national rankings.
518 QuakesAll of that could be at risk if Oklahomans don’t get their earthquakes
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under control. The increase that’s accompanied the jump in oil drilling is staggering. So far this year alone, there have been 518 quakes that registered 3.0 or higher in magnitude. From 2004 to 2008, right before the oil boom hit, there were a total of nine.
For years, industry executives contended there wasn’t enough evidence to definitively determine the cause of the quakes. Only recently has that stance started shifting toward one of acknowledgment of their role. Among casual observers outside the industry, there’s a common perception that it’s the growth in hydraulic fracturing -- the process of blasting water, sand and chemicals in the ground to release trapped hydrocarbons -- that’s causing the quakes. The problem is actually the water that’s already in the ground and gushes out of wells along with the oil and gas.
In some parts of Oklahoma, the flow is enormous, with as many as 20 barrels of water accompanying each barrel of oil. (Seven-per-one would be a more typical ratio in other parts of the country.) It’s dirty and it’s loaded with salt, making safe disposal above ground expensive. So drillers have typically just funneled it down a mile-long tube into a vast open cavern in the Earth named the Arbuckle Formation. Some 2.1 billion barrels of water are being poured in this year, more than double the amount four years ago, Houston-based consulting firm CAP Resources estimates.
But here, again, Oklahoma’s geological peculiarities cause trouble. The Arbuckle happens to sit just above a series of fault lines. The more water that’s pumped in, experts say, the more these fault lines are stressed, triggering the seismic activity. “I don’t think I need to take disposal in the Arbuckle all the way to zero,” said Michael Teague, Oklahoma’s secretary of energy and environment. “I just can’t keep it at the volumes it’s at right now.”
$1.50-a-BarrelAfter initially just urging drillers to voluntarily enact disposal-well reductions, Teague’s regulators got congressional approval to make them obligatory in August. The intensity of the quakes has, if anything, picked up, though. In September, the worst one yet -- a 5.8-magnitude tremor -- shook homes and buildings across the state
for almost a minute. And then a 5.0-magnitude quake hit last week just outside Cushing, home to the biggest oil storage hub in North America, prompting pledges to further tighten restrictions.
All of which is making some in the alternative-technology crowd increasingly confident that they’ll start seeing real demand for their new-fangled disposal systems. Conversations with scores of regulators and executives indicated that so far only a single company, Bosque Systems, is up and running in the state. Founded by local entrepreneur Clane LaCrosse, Bosque cleans up the waste water and then turns it back over to drillers to use when fracking wells. “I’d like to see Bosque displace disposal wells,” LaCrosse said. “If we can innovate correctly, then the option becomes pretty simple.”
For others, the cost part of the equation still isn’t quite right, though. Most didn’t want to talk specifics but would acknowledge that they were struggling to match the typical disposal-well price of about $1.50 for each barrel of water. “It’s not cheap,” Kalt said of the system that his company, Fairmont Brine Processing LLC, wants to implement.
If oil prices were still around the $100-per-barrel of two years ago, maybe oil companies would be up for shelling out the additional money. At $45 a barrel, not so much. It’s part of the reason why Hermann, the executive with Produced Water Technologies, wondered if this will really turn into the bonanza that his rivals are counting on. “We’re not going to get real rich on it,” he said. Maybe not, but if they manage to help stop the earthquakes, keep the oil industry in business and make a few bucks for themselves in the process, the people of Oklahoma would be just fine with that.
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U.S. Shale Firms Go Back To Work Buoyed By OPEC Deal, Trump VictoryReuters November 14, 2016 Ernest Scheyder
HOUSTON, Nov 14 (Reuters) - U.S. shale producers are redeploying cash, rigs and workers, cautiously confident the energy sector has turned a corner after Donald Trump’s election victory and OPEC’s recent recent signal that it plans to curb production.
The downturn produced a leaner, more efficient U.S. shale industry that was forced to develop and quickly adapt new technology to compete with conventional oil supplies during a two-year period of depressed prices.
“You’re starting to see a little bit of light at the end of the tunnel,” Ryan Lance, chief executive of ConocoPhillips, the largest independent U.S. oil producer, said in an interview last week. “We’re beginning to put capital back to work, but we’re being cautious.”
Specifics of the deal by the Organization of the Petroleum Exporting Countries - especially what it means for each member - need to be finalized at a meeting later this month in Austria. But the tentative agreement indicated OPEC kingpin Saudi Arabia is keen to end a
damaging two-year oil price war. That prodded U.S. producers to action.
The U.S. oil drilling rig count has grown 6 percent since OPEC’s September accord, according to oilfield analytics firm NavPort, with additions across the country’s top shale fields including the Permian (7 percent) and the Bakken (17 percent).
Also, Trump’s victory is expected to bring to the White House an advocate for oil and gas drilling, who will slash regulations and encourage new energy industry development. Occidental Petroleum Corp, Chevron Corp, Pioneer Natural Resources Co and ConocoPhillips are among those adding rigs or preparing to do so.
Oasis Petroleum Inc., a major North Dakota producer, bought 55,000 acres last month from SM Energy Co for $785 million, a bullish bet on the future of oil prices. The company also plans to add rigs. “This all reflects more of a confidence around our business plan in a lower oil price environment,” Oasis Chief Executive Tommy Nusz said in an interview last week. “We feel like we can hold our own now in a $40 (per barrel oil) world and grow in a $45 to $50 world.”
Citing its technology and other improvements, EOG Resources Inc. raised its growth projections and now expects to boost output 15 to 25 percent each year through the end of the decade if oil prices stabilize near $50 per barrel. “After two years of this down cycle, we are more than ready to resume higher-return oil growth,” EOG CEO
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Bill Thomas told investors in early November. All that activity will have an effect once things ramp up.
U.S. unconventional shale oil production is expected to dip 13 percent this year from 2015 levels and continue to slip into 2017 before rebounding 11 percent in 2018, according to data from the U.S. Energy Information Administration.
INVESTORS EYE POTENTIALInvestors in the oil sector are also bullish, eager to see returns grow after lagging for several years.“We fundamentally feel that where energy prices are at now are below where they are going to be at some point, and below their long-term equilibrium level,” Tony James, president of private equity investor Blackstone Group LP, told reporters in late October. James’ outlook reflects a broader perception among shale oil producers and their financiers that the industry has turned a corner for the better, analysts said.
U.S. oil producers have launched initial public offerings, with Extraction Oil & Gas Inc. and WildHorse Resource Development Corp filing this fall alone. That is good news not only for the oil industry but also for its largest lenders, including Wells Fargo & Co and Bank of America Corp.
Oil “companies are now entrepreneurial and they’ve cut costs to become viable at these prices,” a senior executive at one of the top private equity firms in New York said last month. The executive declined to be named as he is not authorized to speak to the media. “Those people are going to start producing again.”
To be sure, a resurgence in the U.S. oil industry must still contend with market fundamentals, including a large oversupply and sluggish demand that neither Saudi Arabia nor President-elect Trump can fully control. America’s oil inventories rose by more than 14 million barrels in late October, the largest one-week increase on record and one linked to large production of shale oil and natural gas. If American oil companies continue to increase production, they run the risk of abrogating any OPEC output cuts later this month and pushing down prices on their own accord. “Obviously if we pull back to $25 per barrel, that will have an impact upon our investing,” said Al Walker, CEO of Anadarko Petroleum Corp.
Yet demand for the light, sweet oil produced across American shale fields continues to rise globally. U.S. crude oil exports hit an all-time high in September, according to U.S. Census data. And many companies have hedged for 2017 at least, taking advantage of the oil price rise this year. That emboldens executives to boost budgets.
Pioneer, considered by Wall Street analysts one of the best-run U.S. shale oil producers, has hedged 75 percent of its 2017 output at an average price around $50 per barrel. “The industry is looking forward to a tepid recovery in early 2017,” said John Chisholm, CEO of Flotek Industries Inc. , which supplies chemicals used in fracking and other oilfield products. Demand for Flotek’s CnF, a nontoxic fracking fluid, during the first nine months of 2016 has already eclipsed 2015 sales volumes, with projections higher for 2017. “These oil producers have reconstructed their business so they can make money at these low oil price levels. They’re pressing forward.”
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“1st Annual 5K Fun Run”OCAPL had their first 5K event on Sunday, October 23. The objective was to blend landmen and their families, and make it a fun environment for everyone. For those who came out to the race, I believe we would all agree the kids won the day – which started with their own 1 mile run, entertainment from Spaghetti Eddie, face painting and a couple of bounce houses to spend whatever energy they had left. The 5K featured an out and back course along the Oklahoma river, starting at Regatta Park in the Boathouse district. The men’s winner was Taylor Miles – 18:21 and women’s winner was Heather George – 25:59. With great membership support and sponsorship money we were able to put together an event for the membership and their families, and donate $2200 each to Tenaciously Teal and Limbs for Life. For those who weren’t able to make out for 2016, be looking for information on the date for 2017’s race. Thanks again to all the sponsors who made the event possible!
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“1st Annual 5K Fun Run”
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Page 18
2016 OCAPL Officers*Executive Officers
and Committee Chairman Advertising Price List for the Ocapl Record
Advertisement Price:_______ Quarter Page Add @ $500 for full year (10 issues)Ad Requirments:- 3 1/4 wide x 4 1/2 tall
- Ads need to be submitted in PDF or JPG with at lease 150 dpi resolution
Payment is due prior to publicationCONDITIONS: All advertising copy is subject to the ap-proval of OCAPL. Where copy is not furnished by the deadline date, the space reserved will be moved to the next issue subject to availability. Advertising is accepted in the order in which it is received until all space is filled.
Oklahoma City Association of Professional Landmen Office
Teresa PortwoodOCAPL OfficeP.O. Box 18714Oklahoma City, OK [email protected]: www.ocapl.org
Next Newletter Deadline:DECEMBER 8, 2016
2015 Newsletter Chair:Michael Fleharty
Prepared by Dustin Burton
President *Watkins, Nick [email protected] President *Rice, Robert [email protected] *Beavers, Matt [email protected] *Brooks, Jeff [email protected] Past President *Love, Amy [email protected] Past President *Miles, Lindsey [email protected] Director *Miles, Lindsey [email protected] and Nominations Chair Woodard, Julie [email protected] and Nominations Co-Chair *Parks, Colt [email protected] Affairs Chair McGee, Jordan [email protected] Affairs Co-Chair Cotter, Heather [email protected] Chair Cloer, Ryan [email protected] Co-Chair Jeffries, Zach [email protected] Chair McCurdy, Sam [email protected] Co-Chair Carlozzi, Brian [email protected] Walker, Mike [email protected] Committee *Fixley, Lindsey [email protected] Landman Chair *Hardegree, Jerrod [email protected] Landman Co-Chair Wickham, Diana [email protected] Landman Co-Chair Gibbs, Brian [email protected] Tournament Chair Graham, David [email protected] Tournament Co-Chair Miller, Jeff [email protected] Run Chair *Dickensheet, Dan [email protected] Run Co-Chair Rohlmeier, Heather [email protected] Night Out Chair Brockus, Alva [email protected] Night Out Co-Chair Anderson, Leslie [email protected] Tournament Chair *Naik, Bhavin [email protected] Tournament Co-Chair Kammerer, Brandon [email protected] Affairs Chair Sweeney, Mont [email protected] Affairs Chair Meek, Aaron [email protected] Affairs Co-Chair Hampton, Dave [email protected] Chair Love, Bethany [email protected] Night Speaker Chair Campo, Jennifer [email protected] Chair Fleharty, Michael [email protected] EM Mentoring Co-Chair Vawter, Brandt [email protected] EM Mentoring Co-Chair Hennigan, Bryan [email protected] EM Advisor Long, Steve [email protected] Relations Chair Raney, Grant [email protected] Relations Co-Chair Pribyl, Jordan [email protected] Advisor Richards, Jack [email protected] Clays Chair Reed, Shannon [email protected] Clays Co-Chair Ritter, Chase [email protected] Chair Sevier, John [email protected] Co-Chair Wolfe, Alex [email protected] Take Off Chair Coshow, Larry [email protected] Take Off Co-Chair Love, Amy [email protected] Manager Portwood, Teresa [email protected]
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NEXT MEETING NOVEMBER 4, 20�3NEXT MEETING JANUARY 9, 2016
