2021

Fundamentals of Oil, Gas and Mineral Law

Live Webcast Mar 25, 2021
Conference Concluded

Overview

UT Law CLE's Fundamentals of Oil, Gas and Mineral Law brings together a distinguished faculty of both academics and practitioners for a series of presentations designed to provide a comprehensive overview of oil and gas legal issues.

The program opens with the definitive primer on how to drill an oil or gas well and continues with sessions on the Rule of Capture, Texas Title Examination Standards, oil and gas interests and conveyancing, the Joint Operating Agreement, voluntary pooling and unitization, and the Railroad Commission. Also learn all you need to know about an oil and gas lease with a four-session series, including classification, royalty and other clauses and implied covenants.

Continue on to the 47th Annual Ernest E. Smith Oil, Gas and Mineral Law Institute for a full day addressing the latest in oil and gas developments.

This program is jointly presented by The University of Texas School of Law and The Oil, Gas and Energy Resources Law Section of the State Bar of Texas.

Event Schedule

Program is subject to change.
All times are Central Time Zone.

Time

Credit

Subject

Speaker
Thursday Morning, Mar. 25, 2021
Presiding Officer:
Robert G. Hargrove, Davis, Gerald & Cremer PC - Austin, TX
8:00 am

Welcoming Remarks
8:10 am

0.50 hr

So You Want to Drill Your Own Oil Well? An Oil and Gas Drilling Primer

Hear an overview of the process of finding oil and gas and bringing it to the surface, as well as some of the needed agreements.

Frank N. Cusimano III, Attorney at Law - Houston, TX

Frank N. Cusimano III, Attorney at Law - Houston, TX
8:40 am

5-Minute Break
8:45 am

0.50 hr

The Rule of Capture, Correlative Rights and Principles of Conservation

Examine the effects of the Rule of Capture, and discuss well spacing, production limitations, pooling and unitization, and related environmental regulation. Hear a description of agency rules and regulations, rule-making and adjudication procedures, along with a judicial review of agency actions including the concepts of collateral attack, exhaustion of administrative remedies, primary jurisdiction, and standards of deference.

James Coleman, Southern Methodist University - Dallas, TX

James Coleman, Southern Methodist University - Dallas, TX
9:15 am

5-Minute Break
9:20 am

0.50 hr

What You (Yes, You) Need to Know to Drill and Complete an Oil or Gas Well in Texas

An overview of the key rules, forms and trouble spots involved in obtaining authority from the Railroad Commission of Texas to drill and complete an oil or gas well.

Ana Maria Marsland, Davis, Gerald & Cremer PC - Austin, TX

Ana Maria Marsland, Davis, Gerald & Cremer PC - Austin, TX
9:50 am

5-Minute Break
9:55 am

0.75 hr
0.25 hr ethics

The Oil and Gas Lease, Part I: Classification, Scope of Grant and Duration

An in-depth focus on how an oil and gas lease is classified in law and on the key clauses of the lease.

Monika U. Ehrman, UNT Dallas College of Law - Dallas, TX

Monika U. Ehrman, UNT Dallas College of Law - Dallas, TX
10:40 am

5-Minute Break
10:45 am

0.75 hr

Texas Title Examination Standards: Introduction and Practical Exercises

Take a look at the use of Title Examination Standards to address common defects, exceptions, and errors found in the chain of title to land. Explore the language of the standards, times when they are applicable, and the commentary of applicable law for each standard. Take part in a few practical examination exercises using actual situations encountered in title examination.

Allen D. Cummings, Attorney at Law - Austin, TX

Allen D. Cummings, Attorney at Law - Austin, TX
11:30 am

Break for Lunch - Presentations Resume at 12:00 p.m. CST
Thursday Afternoon, Mar. 25, 2021
Presiding Officer:
Robert G. Hargrove, Davis, Gerald & Cremer PC - Austin, TX
Luncheon Presentation
12:00 pm

0.50 hr

A Brief Introduction to TOP Energy Training, a consortium of Colorado School of Mines, Penn State University, and The University of Texas at Austin

John Beckworth, The University of Texas School of Law - Austin, TX
Robert G. Hargrove, Davis, Gerald & Cremer PC - Austin, TX

John Beckworth, The University of Texas School of Law - Austin, TX
Robert G. Hargrove, Davis, Gerald & Cremer PC - Austin, TX
12:30 pm

5-Minute Break
12:35 pm

0.75 hr
0.25 hr ethics

The Oil and Gas Lease, Part II: The Royalty Clause in an Oil and Gas Lease

In Texas, the calculation of the royalty obligation created under an oil and gas lease is determined by looking at the specific language contained in the royalty clause. Royalty terms in the lease such as "market value at the well" or "amount realized" establish how the royalty payor must measure and calculate royalty, and what post-production costs can be allocated to the lessor interest. This presentation reviews some of the principal phrases used to describe such obligations and how the Texas courts have interpreted them, and examines how that same language has been interpreted differently in other jurisdictions. It analyzes the impact of division and transfer orders and royalty payment statutes on royalty obligations contained in the lease.

Tara Righetti, University of Wyoming College of Law - Laramie, WY

Tara Righetti, University of Wyoming College of Law - Laramie, WY
1:20 pm

5-Minute Break
1:25 pm

0.75 hr
0.25 hr ethics

Oil and Gas Conveyancing – Capturing the Intent of the Parties

Explore some of the pitfalls related to conveyances of minerals and royalties (both fixed and floating).

Jasper Mason, Womble Bond Dickinson (US) LLP - Houston, TX

Jasper Mason, Womble Bond Dickinson (US) LLP - Houston, TX
2:10 pm

10-Minute Break
2:20 pm

0.75 hr

The Oil and Gas Lease, Part III: Implied Covenants

Examine the law of implied covenants, including the duties imposed, elements necessary to establish a claim, and remedies and defenses available.

Keith B. Hall, Louisiana State University Paul M. Hebert Law Center - Baton Rouge, LA

Keith B. Hall, Louisiana State University Paul M. Hebert Law Center - Baton Rouge, LA
3:05 pm

5-Minute Break
3:10 pm

0.50 hr

Voluntary Pooling and Unitization

Review voluntary pooling as authorized in an oil and gas lease, which provides the lessee a means to combine acreage under one lease with acreage underlying adjacent tracts. Also, explore the voluntary unitization statute in Texas under which the Railroad Commission approves field‑wide units, which may combine acreage from numerous tracts and leases for the purpose of enhanced recovery or re-pressuring operations.

Bryan D. Lauer, Scott Douglass & McConnico LLP - Austin, TX

Bryan D. Lauer, Scott Douglass & McConnico LLP - Austin, TX
3:40 pm

5-Minute Break
3:45 pm

0.50 hr

The Oil and Gas Lease, Part IV: Other Clauses

Review other clauses in an oil and gas lease, including surface use clauses and riders, retained acreage and proportionate reduction clauses, and savings clauses such as continuous operations, dry hole, force majeure, and shut-in gas royalty clauses.

Christopher S. Kulander, South Texas College of Law Houston - Houston, TX

Christopher S. Kulander, South Texas College of Law Houston - Houston, TX
4:15 pm

5-Minute Break
4:20 pm

0.75 hr

Joint Operating Agreements – Understanding and Application

Understanding the key components of the JOA and a consideration of recurring issues with emphasis on horizontal drilling and allocation wells. How the JOA works, what doesn’t work, some suggested Article XVI provisions and some new unanswered questions.

Michel E. Curry, Henry Resources LLC - Midland, TX

Michel E. Curry, Henry Resources LLC - Midland, TX
5:05 pm

Adjourn

Download Schedule

Conference Faculty

John Beckworth

The University of Texas School of Law
Austin, TX

James Coleman

Southern Methodist University
Dallas, TX

Allen D. Cummings

Attorney at Law
Austin, TX

Michel E. Curry

Henry Resources LLC
Midland, TX

Frank N. Cusimano III

Attorney at Law
Houston, TX

Monika U. Ehrman

UNT Dallas College of Law
Dallas, TX

Keith B. Hall

Louisiana State University Paul M. Hebert Law Center
Baton Rouge, LA

Robert G. Hargrove

Davis, Gerald & Cremer PC
Austin, TX

Christopher S. Kulander

South Texas College of Law Houston
Houston, TX

Bryan D. Lauer

Scott Douglass & McConnico LLP
Austin, TX

Ana Maria Marsland

Davis, Gerald & Cremer PC
Austin, TX

Jasper Mason

Womble Bond Dickinson (US) LLP
Houston, TX

Tara Righetti

University of Wyoming College of Law
Laramie, WY

Planning Committee

Robert G. Hargrove—Chair

Davis, Gerald & Cremer PC
Austin, TX

Ronnie Blackwell—Co-Chair

Spring, TX

Jonathan D. Baughman

Houston, TX

Kevin M. Beiter

McGinnis Lochridge
Austin, TX

J. Byron (Trace) Burton III

Uhl, Fitzsimons, Jewett, Burton, Wolff & Rangel, PLLC
San Antonio, TX

Gregory C. Cox

EOG Resources, Inc.
Houston, TX

Brandon Durrett

Dykema
San Antonio, TX

W. John English Jr.

Baker & Hostetler LLP
Houston, TX

Jorge I. Gutierrez

Dallas, TX

Michael D. Jones

Jones Gill Porter Crawford & Crawford LLP
Houston, TX

Carroll G. Martin

Austin, TX

Ricardo E. Morales

Person, Mohrer, Morales, Boddy, Garcia & Gutierrez PLLC
Laredo, TX

David Michael Patton

Houston, TX

Michael P. Pearson

Houston, TX

April Rogers

The University of Texas School of Law
Austin, TX

George A. Snell III

Snell Law Firm
Amarillo, TX

Jeff Weems

Staff Weems LLP
Houston, TX

Katy Wehmeyer

Santoyo Moore Wehmeyer PC
San Antonio, TX

Credit Info

Live Webcast

MCLE Credit

Texas – 7.50 hrs | 0.75 hrs Ethics
Legal Specialization(s): Administrative Law, Oil, Gas and Mineral Law, Real Estate Law

You may claim your credit online in Your Briefcase, and UT Law CLE will report credit on your behalf to the State Bar of Texas. A Certificate of Completion will be emailed to you upon claiming credit. The system reports Texas CLE credit every Tuesday. If you are claiming credit in the last week of your birth month, self-report your CLE credit directly to the State Bar of Texas at texasbar.com, using the course number provided on your certificate of attendance.

California – 7.50 hrs | 0.75 hrs Ethics

To claim California MCLE credit, California credit option must be selected PRIOR to viewing the live webcast. This accreditation requires attendance verification. UT Law CLE monitors and records attendee responses to questions that randomly appear during the live webcast presentation. Verification pop-ups will NOT display when the webcast video player is in "full screen" mode. Furthermore, the notification sound effect alerting pop-ups, will NOT play on mobile devices. We recommend viewing from a computer, as opposed to a mobile device, should MCLE credit, other than Texas, be needed. The response record is detailed on the Certificate of Completion.
You must claim your credit online in Your Briefcase, and will then be provided a Certificate of Attendance for your records. UT Law CLE is required to provide the State Bar with electronic attendance records for any MCLE participatory activity within 60 days of completion of the activity. The California licensee is responsible for reporting their compliance/credit hours earned to the State Bar at the end of their reporting period directly to the State Bar of California at calbar.ca.gov. UT Law CLE will maintain Attendance Records for four years.

MCLE credit is presented based on a 60-minute credit hour.

Kansas – 8.00 hrs

To claim Kansa MCLE credit, Kansas credit option must be selected PRIOR to viewing the live webcast. This accreditation requires attendance verification. UT Law CLE monitors and records attendee responses to questions that randomly appear during the live webcast presentation. Verification pop-ups will NOT display when the webcast video player is in "full screen" mode. Furthermore, the notification sound effect alerting pop-ups, will NOT play on mobile devices. We recommend viewing from a computer, as opposed to a mobile device, should MCLE credit, other than Texas, be needed. The response record is detailed on the Certificate of Completion.

You must claim and certify your credit online in Your Briefcase, and provide your Kansas Registration number in your UTCLE.org account. UT Law CLE will report credit claimed credit on your behalf to the Kansas Continuing Legal Education Commission (KSCLE) within 30 days after the conference. UT Law CLE will maintain Attendance Records for four years.

MCLE credit is presented based on a 50-minute credit hour.

Louisiana – 7.50 hrs | 0.75 hrs Ethics

To claim Louisiana MCLE credit, Louisiana credit option must be selected PRIOR to viewing the live webcast. This accreditation requires attendance verification. UT Law CLE monitors and records attendee responses to questions that randomly appear during the live webcast presentation. Verification pop-ups will NOT display when the webcast video player is in "full screen" mode. Furthermore, the notification sound effect alerting pop-ups, will NOT play on mobile devices. We recommend viewing from a computer, as opposed to a mobile device, should MCLE credit, other than Texas, be needed. The response record is detailed on the Certificate of Completion.

At the completion of the conference you must claim and certify your credit online in Your Briefcase, and will then be provided a Certificate of Attendance for your records. UT Law CLE will report credit on your behalf to the Supreme Court of Louisiana Continuing Legal Education Committee within 30 days after the conference.

MCLE credit is presented based on a 60-minute credit hour.

New Mexico – 7.20 hrs | 0.70 hrs Ethics

You must claim and certify your credit online in Your Briefcase, you will then be provided a Certificate of Attendance for your records. UT Law CLE will report credit on your behalf to the State Bar of New Mexico within 30 days after the conference.

This accreditation requires attendance verification. UT Law CLE monitors and records attendee responses to questions that randomly appear during the live webcast presentation. The response record is detailed on the Certificate of Completion.
MCLE credit is presented based on a 60-minute credit hour.

North Dakota – 7.50 hrs | 0.75 hrs Ethics

This accreditation requires attendance verification. UT Law CLE monitors and records attendee responses to questions that randomly appear during the live webcast presentation. Verification pop-ups will NOT display when the webcast video player is in "full screen" mode. Furthermore, the notification sound effect alerting pop-ups, will NOT play on mobile devices. We recommend viewing from a computer, as opposed to a mobile device, should MCLE credit, other than Texas, be needed. The response record is detailed on the Certificate of Completion.

You must claim your credit online in Your Briefcase, and will then be provided a Certificate of Attendance for your records. Attendees must self-report their attendance to North Dakota using the course number assigned. Contact us at accreditation@utcle.org if you have additional questions.

Ohio – 7.50 hrs | 0.75 hrs Ethics

To claim Ohio MCLE credit, Ohio credit option must be selected PRIOR to viewing the live webcast. This accreditation requires attendance verification. UT Law CLE monitors and records attendee responses to questions that randomly appear during the live webcast presentation. Verification pop-ups will NOT display when the webcast video player is in "full screen" mode. Furthermore, the notification sound effect alerting pop-ups, will NOT play on mobile devices. We recommend viewing from a computer, as opposed to a mobile device, should MCLE credit, other than Texas, be needed. The response record is detailed on the Certificate of Completion.

You must claim and certify your credit online in Your Briefcase, you will then be provided a Certificate of Attendance for your records. UT Law CLE will report credit on your behalf to The Supreme Court of Ohio within 30 days after the conference.

MCLE credit is presented based on a 60-minute credit hour.

Oklahoma – 9.00 hrs | 1.00 hrs Ethics

To claim Oklahoma MCLE credit, Oklahoma credit option must be selected PRIOR to viewing the live webcast. This accreditation requires attendance verification. UT Law CLE monitors and records attendee responses to questions that randomly appear during the live webcast presentation. Verification pop-ups will NOT display when the webcast video player is in "full screen" mode. Furthermore, the notification sound effect alerting pop-ups, will NOT play on mobile devices. We recommend viewing from a computer, as opposed to a mobile device, should MCLE credit, other than Texas, be needed. The response record is detailed on the Certificate of Completion.

The University of Texas School of Law (Provider #169) live webcast presentations meet the requirements and are presumptively approved by the Oklahoma Bar Association for MCLE credit based on a 50-minute credit hour. Upon claiming credit, a Certificate of Completion will be emailed to you. UT Law CLE will report credit on your behalf to the Oklahoma Bar Association within 30 days after the webcast.

Pennsylvania – 7.50 hrs | 0.50 hrs Ethics

To claim Pennsylvania MCLE credit, Pennsylvania credit option must be selected PRIOR to viewing the live webcast. This accreditation requires attendance verification. UT Law CLE monitors and records attendee responses to questions that randomly appear during the live webcast presentation. Verification pop-ups will NOT display when the webcast video player is in "full screen" mode. Furthermore, the notification sound effect alerting pop-ups, will NOT play on mobile devices. We recommend viewing from a computer, as opposed to a mobile device, should MCLE credit, other than Texas, be needed. The response record is detailed on the Certificate of Completion.

UT Law CLE is an approved provider of Pennsylvania credit, sponsor #236. Attorney attendance will be reported to Pennsylvania within 2 weeks after credit is claimed and submitted. Attorneys are not able to report this credit on their own, and UT Law CLE pays all associated fees for the credit hours. Contact us at accreditation@utcle.org if you have additional questions.

MCLE credit is presented based on a 60-minute credit hour.

Other States – 7.50 hrs | 0.75 hrs Ethics

Note on Self-Reporting Your Credits in Another State

If you wish to satisfy MCLE or other professional education requirements in another state for a program offered by the University of Texas School of Law, please check with the state bar or other licensing authority in that state to ensure it will qualify for self-reporting your credits.

To claim Other States MCLE credit, Other States credit option must be selected PRIOR to viewing the live webcast. You must claim and certify your credit online in Your Briefcase, you will then be provided a Certificate of Attendance for your records and to provide to other licensing authorities as needed.

This accreditation requires attendance verification. UT Law CLE monitors and records attendee responses to questions that randomly appear during the live webcast presentation. The response record is detailed on the Certificate of Completion.

MCLE credit is presented based on a 60-minute credit hour.

Other Credit

Certified Professional Landman (AAPL) – 7.50 hrs | 0.75 hrs Ethics

Following the conference, UT CLE will send, to attendees who have claimed AAPL credit in their briefcase, by email the AAPL Affidavit of Attendance with the AAPL course number and reporting information included.
http://www.landman.org

Registered Landman (AAPL) – 7.50 hrs | 0.75 hrs Ethics

Registered Professional Landman (AAPL) – 7.50 hrs | 0.75 hrs Ethics

TX Accounting CPE – 9.00 hrs

The University of Texas School of Law (Provider #250) live webcast presentations meet the requirements and are presumptively approved by the Texas State Board of Public Accountancy for Texas Accounting CPE credit based on a 50-minute credit hour. Approved for general CPE credit only.

This accreditation requires attendance verification. In compliance with the rules, UT Law CLE monitors and records attendee responses to questions that randomly appear during the live webcast presentation. The response record is detailed on the Certificate of Completion.

To claim Texas Accounting CPE credit, the Texas Accounting CPE credit option must be selected PRIOR to viewing the live webcast. Upon claiming credit, a Certificate of Completion will be emailed to you. Self-report your CPE credit directly to the Texas State Board of Public Accountancy.

Contact us at accreditation@utcle.org if you have additional questions.

Key Dates

Live Webcast – Mar 25, 2021

Conference Concluded

Buy

Live Webcast

Individual
$300.00

Group (5 registrants minimum)
$270.00

Group (10 registrants minimum)
$240.00

Cancellation Policy
Last day for full refund cancellation: Mar 19, 2021
$50 processing fee applied after this date
Last day for cancellation: Mar 22, 2021

Our Sponsors

Thank you to our sponsors! Click each logo below to learn more.

Baker & Hostetler LLP

Baker & Hostetler LLP
www.bakerlaw.com

One of the nation’s largest law firms, BakerHostetler helps clients around the world to address their most complex and critical business and regulatory issues. With six core national practice groups – business, digital assets and data management, labor and employment, intellectual property, litigation and tax – the firm has nearly 1,000 attorneys located in 17 offices coast to coast. Recognized nationally by Law360 as an “Energy Group of the Year” in 2015, the 80-member BakerHostetler Energy team helps international and domestic energy companies and service providers in the oil and gas, pipeline, electricity, utility and renewable sectors with highly specialized guidance on matters related to production, distribution, transmission, mergers and acquisitions, financing, project development, litigation, regulatory compliance, and bankruptcy. The team has extensive knowledge and experience in the full range of corporate, restructuring, litigation and regulatory issues impacting the energy business, from financing to land acquisitions, exploration to drilling, and production to distribution. For more information, please visit bakerlaw.com/energy.
Gray Reed

Gray Reed
www.grayreed.com/

As a full service firm with about 150 lawyers, Gray Reed covers almost every facet of the energy industry. Our energy transactions attorneys, four of whom are Board Certified in Oil, Gas and Mineral Law by the Texas Board of Legal Specialization, work hand-in-hand with the firm’s m&a, private equity, capital markets, tax, banking/finance, environmental and real estate teams to assist clients in formulating the tactics, structure and negotiating positions necessary to complete a broad range of transactions. Our energy transactional team also includes a group of attorneys focused on oil and gas title examination. Our energy litigators have vast experience in a wide variety of energy disputes and in trying energy-related cases around the country in state and federal courts and before arbitration panels, regulatory agencies and administrative judges. We also represent and advise troubled energy companies, trustees, secured and unsecured creditors, equity holders, owners, managers, committees and other constituents in financial distress, workout, turnaround, restructuring, planning and bankruptcy scenarios. To learn more, visit GrayReed.com.
Scott Douglass & McConnico LLP

Scott Douglass & McConnico LLP
www.scottdoug.com/

Scott Douglass & McConnico LLP (SDM) is a firm of experienced advocates who regularly handle trials, hearings and appeals. Our lawyers seek the most strategic and cost-effective solution to our clients' problems, whether it is a contract dispute, a professional malpractice claim, a tax dispute or an oil & gas regulatory issues, and pride ourselves on efficient resolution of cases. SDM’ s oil and gas, natural resources and energy practices is one of the best in the nation. For more than 40 years, our attorneys have advised clients and litigated issues regarding royalties, ownership, leases, operations, exploration, production, regulatory issues, processing, transportation and taxation of natural resources. The administrative energy law practice is one of the largest in the state, covering a variety of matters before the Railroad Commission of Texas, the Comptroller, the General Land Office and the Public Utility Commission.
Jackson Walker

Jackson Walker
www.jw.com

Founded more than 130 years ago, Jackson Walker has played a vital role in the growth and
development of Texas business. With more than 400 attorneys across seven Texas‐based
offices, the Firm represents Fortune 500 companies, multinational corporations, major financial
institutions, insurance companies, and a wide range of public companies and private businesses
around the globe. The Firm is ranked nationally in 27 practice areas in the U.S. News’ “Best Law
Firms” rankings, has 9 Chambers USA‐ranked practices, and has been recognized on the BTI
Client Service A‐Team since 2014.
Uhl, Fitzsimons, Jewett, Burton, Wolff & Rangel, PLLC

Uhl, Fitzsimons, Jewett, Burton, Wolff & Rangel, PLLC
uhlfitzsimons.com/

The attorneys at Uhl, Fitzsimons, Jewett, Burton, Wolff & Rangel, PLLC understand the oil, gas and energy resources business in Texas, as well as the ever-evolving body of law applied to the energy industry. Many of the attorneys at Uhl Fitzsimons are land and mineral owners themselves, making it easier to understand and meet the legal needs of the firm’s clients. We routinely work with geologists, geophysicists, auditors, engineers, and landmen, and maintain strong connections to the energy industry in Texas.
Our firm represents some of the largest landowners in Texas, as well as mineral owners in some of the state’s most productive oil and gas fields.
Uhl Fitzsimons attorneys are advocates for their clients and seek to maximize the value of their land and mineral rights through carefully tailored oil, gas and mineral leases, pooling agreements, mineral conveyances, pipeline easements, surface use agreements, as well as wind leases and solar leases.

Fundamentals of Oil, Gas and Mineral Law

Overview

Event Schedule

Thursday Morning, Mar. 25, 2021

Thursday Afternoon, Mar. 25, 2021

Conference Faculty

Planning Committee

Credit Info

MCLE Credit

Other Credit

Key Dates

Our Sponsors

Baker & Hostetler LLP

Gray Reed

Scott Douglass & McConnico LLP

Jackson Walker

Uhl, Fitzsimons, Jewett, Burton, Wolff & Rangel, PLLC

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