Speaker and attendees at a UT Law CLE conference presentation
eCourse

Royalty Overpayments, Self-Help Recoupment, and Division Order Pitfalls

Contains material from May 2026
Royalty Overpayments, Self-Help Recoupment, and Division Order Pitfalls
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What happens when an operator overpays royalties — and what happens when it tries to get them back? Survey the recoupment toolkit available to Texas operators and zeroes in on the division order issues that can complicate recovery. Drawing on DDR Weinert v. Ovintiv (5th Cir. 2025), Perdido Properties v. Devon Energy (Tex. App.—Eastland 2023), and Samson v. Bordages (Tex. 2024), address self-help recoupment, the risks of paying without a signed division order, and the impact of the Supreme Court's new simple-interest default rule on royalty disputes.

Includes: Video Captions Audio Transcript Paper Slides

  • Total Credit Hours:
  • 0.75
  • Credit Info
  • TX, CA
  • TX MCLE credit expires: 6/30/2027

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Sessions

Credit
1. Royalty Overpayments, Self-Help Recoupment, and Division Order Pitfalls (May 2026)

Austin W. Brister

0.75 0.00 0.00 0.75
Downloadable Materials
Transcript (txt)
Paper (pdf) – 32 pgs
Slides (pdf) – 36 pgs

Session 1 —47 mins 0.75

Royalty Overpayments, Self-Help Recoupment, and Division Order Pitfalls (May 2026)

What happens when an operator overpays royalties — and what happens when it tries to get them back? Survey the recoupment toolkit available to Texas operators and zeroes in on the division order issues that can complicate recovery. Drawing on DDR Weinert v. Ovintiv (5th Cir. 2025), Perdido Properties v. Devon Energy (Tex. App.—Eastland 2023), and Samson v. Bordages (Tex. 2024), address self-help recoupment, the risks of paying without a signed division order, and the impact of the Supreme Court's new simple-interest default rule on royalty disputes.

Originally presented: Apr 2026 Oil, Gas and Mineral Law Institute

Austin W. Brister, McGinnis Lochridge - Houston, TX