Section § 3640

Explanation

This law allows for the grouping together of pieces of land to be managed as a single unit. The purpose is to prevent waste and improve the extraction and recovery of oil and gas from the land.

Tracts of land may be unitized as provided in this article to provide for the management, development, and operation thereof as a unit to prevent, or to assist in preventing, waste and to increase the ultimate recovery of oil and gas.

Section § 3641

Explanation

This law explains that when landowners come together to manage, develop, and operate multiple pieces of land as a single unit, they can create an agreement on how to share the benefits and costs. These agreements become official and binding only for those who agree to them and can be submitted for approval to a supervisor. However, if an agreement is not approved, or if someone does not consent to it, then their rights cannot be affected by the agreement.

An agreement for the management, development, and operation of two or more tracts of land in the same field or in the same producing or prospective pool as a unit without regard to separate ownerships, and for the allocation of benefits and costs on a basis set forth in such agreement, shall be valid and binding upon those who consent thereto and may be filed with the supervisor for approval. However, unless and until the agreement qualifies for approval, and is approved, by the supervisor persons who do not consent thereto shall not be bound thereby, nor shall their rights be affected thereby.

Section § 3642

Explanation

This section explains that if owners of at least 75% of the working and royalty interests in a land area agree to a unit operation plan, they can file this agreement with a supervisor. This filing is done alongside a petition that seeks approval of the plan.

Any proposed agreement for unit operation of tracts of land which has been consented to by persons who own title to working interests which aggregate at least an undivided three-fourths of the total working interests in the area proposed to be unitized, and by persons who own title to the royalty interest which aggregates at least an undivided three-fourths of the total royalty interest in the area proposed to be unitized, may be filed with the supervisor by the owner of any such working interest in conjunction with a petition requesting approval thereof.

Section § 3643

Explanation

This law section outlines the criteria for approving a unit agreement for oil and gas field operations. Firstly, the proposed area must include all necessary tracts and exclude unnecessary ones according to good oilfield practices. Secondly, at least three-fourths of working interest and royalty interest owners must agree to the proposal. Thirdly, the agreement must facilitate operations like pressure maintenance or gas injection to boost oil and gas recovery. Fourthly, the financial benefits of increased recovery must outweigh the operation costs. Fifthly, the agreement should ensure fair distribution of resources and benefits to all tract owners. Additionally, it should optimize and consolidate surface facilities to prevent land waste and allow for future productive use. It should be deemed fair and reasonable in all other aspects, and receive approval from the State Lands Commission if involving state lands.

The unit agreement shall be approved, if, after a public hearing, the supervisor finds all of the following:
(a)CA Public Resources Code § 3643(a) The unit area of the proposed agreement for unit operation takes in all tracts which, consistent with good oilfield practice, should be considered a part of and related to the field or pool or pools, or portions thereof, proposed for unit operation but does not include tracts which, consistent with good oilfield practice, should not be considered a part of or related to the field or pool or pools, or portions thereof, proposed for unit operation.
(b)CA Public Resources Code § 3643(b) As of the date of filing of the petition, the proposed unit agreement was consented to by persons owning at least three-fourths of the working interests and three-fourths of the lessors’ royalty interests as described in Section 3642.
(c)CA Public Resources Code § 3643(c) The unitized management and operation of the pool or pools, or portions thereof, proposed to be unitized is reasonably necessary in order to carry on pressure maintenance or pressure replenishment operations, cycling or recycling operations, gas injection operations, water flooding operations, reduction of oil viscosity operations, or any combination thereof, or any other form of joint effort calculated to increase the ultimate recovery of oil and gas from the proposed unit area.
(d)CA Public Resources Code § 3643(d) The value of the estimated recovery of additional oil or gas, or the increased present worth value due to accelerated recovery of oil or gas, as a result of the unit operations will exceed the estimated additional cost incident to conducting such operations.
(e)CA Public Resources Code § 3643(e) The proposed unit agreement provides for an allocation of the unit production among and to the separately owned tracts in the area proposed to be unitized such as will reasonably permit persons otherwise entitled to share in or benefit by the production from such separately owned tracts to produce or receive, in lieu thereof, their fair, equitable, and reasonable pro rata share of the unit production or other benefits thereof.
(f)CA Public Resources Code § 3643(f) The proposed unit agreement provides, to the full extent practical, for the organization and consolidation of surface facilities, including oil production, storage, treatment, and transportation facilities, in such a manner as will eliminate wasteful and excessive use of land surface areas, freeing such areas for other productive use and development, and provides a fair procedure for the waiver, from time to time, of the working interest owners’ right of entry on surface areas which in the future become unneeded for the conduct of unit operations.
(g)CA Public Resources Code § 3643(g) The proposed unit agreement is fair and reasonable under all the circumstances in other material respects.
(h)CA Public Resources Code § 3643(h) If state-owned lands under the jurisdiction of the State Lands Commission are included in the proposed unit agreement, such agreement has been reviewed and approved by the commission as to such lands.

Section § 3644

Explanation

This law explains how to determine a fair share of oil and gas production for a piece of land within a larger production unit. The value is based on each tract's potential for producing oil and gas, compared to other tracts in the same unit. Factors include the estimated primary production value from the land without secondary recovery efforts, and the expected value if enhanced recovery techniques are used. The measurement considers how much recoverable oil and gas lies beneath the land, and if exact data isn't available, estimates are made using established engineering methods. All other factors that affect the land's production value are considered as well.

A tract of land’s fair, equitable, and reasonable share of the unit production shall be measured by the value of such tract for oil and gas purposes and its contributing value to the unit in relation to like values of other tracts in the unit area, taking into account, among other things, the following:
(a)CA Public Resources Code § 3644(a) The primary tract value based upon the projected future value of hydrocarbon substances that would be produced by primary means from such tract after the date of unitization, if no secondary recovery operation were undertaken.
(b)CA Public Resources Code § 3644(b) The secondary tract value based upon consideration of the following factors:
(1)CA Public Resources Code § 3644(b)(1) The volume in acre-feet of porous, permeable sand originally saturated with hydrocarbon substances within a zone to be unitized, and underlying such tract.
(2)CA Public Resources Code § 3644(b)(2) The hydrocarbon substances per acre-foot of such zone recoverable by means of secondary recovery operations.
(3)CA Public Resources Code § 3644(b)(3) The value of the hydrocarbon substances so recoverable from such tract from such zones to be unitized.
(4)CA Public Resources Code § 3644(b)(4) In the event the necessary data is not available as listed in paragraphs (1), (2), and (3), the value may be assigned using a prudent engineering method, depending on the data available.
(c)CA Public Resources Code § 3644(c) All other factors which significantly bear upon the value of the committed properties for primary and secondary recovery.

Section § 3645

Explanation

This law states that once a unit agreement is approved, an order for unit operations must be issued. This order requires that the agreement be recorded in every county with land in the unit area and that everyone's interests in that area are bound by the agreement as if they agreed. The order becomes effective on a specified date but only after all sale offers in the unit area are bought or those offers end.

Upon giving his approval to the unit agreement pursuant to Section 3643, the supervisor shall issue an order directing unit operations of the unit area in accordance with the unit agreement, directing the recordation of such agreement in the office of the county recorder in each county in which any part of the unit area is situated, and requiring that the interests of all persons in the unit area be thereafter subject to the unit agreement the same as if all such persons had expressly consented to the unit agreement. An order of the supervisor issued pursuant to this section shall become effective on the date provided for in the order, except that no such order shall become effective until all interests in the unit area for which timely offers of sale have been made pursuant to Section 3647 have been purchased as provided in that section, or until the termination of such offers of sale.

Section § 3646

Explanation

This section outlines what a supervisor's order for unit operation must include. First, it specifies when all parcels of land not already included in the unit must start unit operations, which cannot start before the month after the order's effective date. Second, the order should provide financial arrangements for people unable to meet their financial obligations, including allowing interest charges. Finally, the order should include any other necessary provisions to fairly incorporate lands or interests not previously committed to the unit agreement.

The supervisor’s order shall include fair and reasonable provisions for all of the following:
(a)CA Public Resources Code § 3646(a) The date when all tracts of land not theretofore committed to the unit shall be subject to unit operation, which date shall not be earlier than the first day of the month following the effective date of the supervisor’s order.
(b)CA Public Resources Code § 3646(b) Provision for the carrying or otherwise financing of any persons who request the same and who the supervisor determines are unable to meet their financial obligations in connection with the unit operation, allowing a reasonable interest charge to those who carry or finance such obligations.
(c)CA Public Resources Code § 3646(c) Such additional provisions which the supervisor determines to be appropriate for bringing into the unit area on a fair and reasonable basis tracts of land and interests not theretofore committed to the unit agreement.

Section § 3647

Explanation

If you own a share in oil or gas land subject to a unit agreement and haven't agreed to the deal, you can sell your interest 60 days after a supervisor orders the agreement. Those who did agree can buy your share based on their production shares. If no one buys, the agreement doesn't take effect.

If the price of your interest is disputed, either party can ask for a three-person arbitration committee to set a fair value. The committee's decision is final unless a court challenge is made within 30 days. Costs for the arbitration are paid by consenting interest owners if the agreement proceeds or by those who requested the valuation if it doesn't.

The owner of any working interest or royalty interest in a tract which is the subject of a unit agreement who did not consent to the proposed unit agreement shall, 60 days following the date upon which the supervisor issues his order under the provisions of Section 3645, be entitled to offer his interest for sale pursuant to this section. All working interest owners who consented to the proposed unit agreement shall be entitled to participate in purchasing such interest in proportion to their respective shares of unit production. Unless one or more working interest owners purchase such interest, the order of the supervisor shall not become effective.
If a disagreement arises with respect to the price at which such an interest shall be purchased, then either party may request the supervisor to authorize the creation of an arbitration committee consisting of three members, one member appointed by the seller, one member appointed by the purchaser or purchasers and a third member selected by the other two members, to make an independent appraisal of the value of the interest as of the date the supervisor issued his order under Section 3645. Such committee shall consider all relevant data and information submitted by interested parties and may seek and consider such other information as it deems relevant. The arbitration committee shall determine the fair market value of the interest as of the date the supervisor issued his order under Section 3645 and fix the price at which the sale shall be consummated, and its determination shall be binding on the parties; except that, within 30 days after the determination of the arbitration committee has been mailed to the parties concerned, the seller or the purchaser or any one or more of the purchasers may have such price judicially determined by filing suit for a declaratory judgment as to the fair market value in the superior court for the county in which the tract involved, or the greater portion of it, lies. The compensation and expenses of the arbitration committee shall be subject to approval in amount by the supervisor and, if the unit becomes effective, shall be paid by the working interest owners who elected to participate in purchasing such interest in the proportion they share unit expenses. If the unit does not become effective within the time provided for in the order of the supervisor issued under Section 3645, the working interest owners who have consented to the unit agreement and have requested the independent appraisal shall pay such compensation and expenses in proportion to what would have been their share of unit expenses.

Section § 3648

Explanation

If you own surface land that is being used as part of a collective agreement for resource extraction or similar activities, you have the right to be compensated for its use. The compensation should reflect the reasonable value of using your surface land.

Any unit agreement approved by the supervisor shall contain a provision under which a party whose surface land is being utilized for the benefit of the unit area shall be entitled to compensation for the reasonable value of the use of such surface.

Section § 3649

Explanation

This section deals with changes to approved agreements for oil or gas extraction areas, known as unit agreements. Any changes must be reviewed and approved by the supervisor, and can't affect how production is distributed unless everyone impacted agrees in writing. The supervisor will approve modifications if, after a public hearing, the change is agreed upon by owners of at least three-fourths of the total working and royalty interests, follows existing agreement rules, aligns with the chapter's purpose, and is fair and reasonable. Once approved, the changes must be documented in the county recorder's office and apply to everyone involved in the unit area, just as if they all agreed to it. The law does not apply to any changes made solely by working interest owners.

Any proposed modification of an approved unit agreement shall be submitted by the unit operator to the supervisor for his review and approval. No modification shall alter or change the basis for allocating production to tracts of land theretofore committed to the unit area without the express written consent of all persons who might be adversely affected thereby. The supervisor shall approve the proposed modification if, after a public hearing, he finds that the proposed unit agreement modification is consented to by persons who own title to working interests which aggregate at least an undivided three-fourths of the total working interests within the unit area and by persons who own title to the royalty interest which aggregate at least an undivided three-fourths of the total royalty interest in the unit area, that the proposed modification is in conformity with other provisions of the unit agreement, that it is consistent with the purpose of this chapter, and is fair and reasonable under all the circumstances. Upon approval, the unit agreement modification shall be recorded in the office of the county recorder in each county in which any part of the unit area is situated and thereafter shall be binding upon all persons having any interest in the pool or pools, or portions thereof, subject to the unit agreement the same as if all such persons had expressly agreed to the modification.
Nothing in this section shall be construed as applying to any modification of a unit operating agreement entered into exclusively by the working interest owners.

Section § 3650

Explanation

If there's already an order combining properties for oil or gas extraction and it's found that new areas should be included, the landowners involved can ask for more land to be added to the existing unit. They do this by filing a request with a supervisor, who will then hold a public hearing to consider the matter.

If at any time after the entry of an order of unitization issued pursuant to Section 3645, it develops that all or a portion of a further tract or tracts of land should be included within the unit area, persons who own any working interest in the pool or pools, or portions thereof, may file a petition with the supervisor requesting the addition of such tract or tracts of land to the unit area, insofar as they contain the pool or pools, or portions thereof. Upon the filing of such a petition, the supervisor shall hold a public hearing.

Section § 3651

Explanation

This law gives a supervisor the authority to issue an order making additional land areas part of a unit operation for oil and gas extraction. This can happen if certain conditions are met: the land contains part of a pool already under a unit operation, at least three-fourths of the landowners and royalty interest holders agree, and the expansion is necessary to prevent waste or improve oil and gas recovery.

The supervisor shall issue his order that such further tract or tracts of land insofar as they contain the pool or pools, or portions thereof, and the interests of all persons therein, upon recordation of such order in the office of the county recorder in each county in which any part of the original unit area or such additional tracts are situated, shall thereafter be subject to unit operations if he finds all of the following:
(a)CA Public Resources Code § 3651(a) All or a portion of such further tract or tracts of land do contain the pool or pools, or portions thereof, previously ordered unitized by the supervisor.
(b)CA Public Resources Code § 3651(b) The unit agreement has been consented to by persons who own title to working interests which aggregate at least an undivided three-fourths of the working interests in the total area proposed to be unitized, and by persons who own title to the royalty interest which aggregates at least an undivided three-fourths of the royalty interest in the total area proposed to be unitized.
(c)CA Public Resources Code § 3651(c) The addition of such further tract or tracts of land insofar as they contain the pool or pools to the unit operations is reasonably necessary in order to prevent waste or to increase the ultimate recovery of oil and gas.

Section § 3652

Explanation

This law describes how oil and gas production is divided among different landowners when a production unit is expanded. When new land areas are added, the production is first allocated to the previously established unit as if it were a single piece of land. Then, the production is divided among the new and old lands based on their value for oil and gas extraction. This value considers the land's potential to produce oil and gas through primary methods or secondary recovery techniques like extracting from permeable underground layers. If exact data isn't available, estimations can use prudent engineering methods. Other factors that impact a land's value for production are also considered.

The supervisor’s order issued pursuant to Section 3651 shall contain a fair basis for allocating production to such further tract or tracts of land and make fair and reasonable provisions under the circumstances in other respects for bringing into the unit operation such tract or tracts of land. In providing for the allocation of unit production from the enlarged unit area, the order shall, however, first treat the unit area previously established as a single tract, and the portion of unit production so allocated thereto shall then be allocated among the separately owned tracts of land included in such previously established unit area in the same proportion as specified therefor in the previous order. The supervisor shall allocate production from the enlarged unit area between the previously established unit area and the additional tract or tracts of land, and if there be more than one such additional tract of land, shall allocate the production allotted the additional tracts of land as between such additional tracts of land, in such a manner as will reasonably permit persons otherwise entitled to share in or benefit by the production from such tracts of land to produce or receive, in lieu thereof, their fair, equitable, and reasonable pro rata share of the unit production or other benefits thereof. A tract’s fair, equitable, and reasonable share of the unit production shall be measured by the value of each such tract of land for oil and gas purposes and its contributing value to the unit operation in relation to like values of other tracts in the unit, taking into account, among other things, the following:
(a)CA Public Resources Code § 3652(a) The primary tract value based upon the projected future value of hydrocarbon substances that would be produced by primary means from such tract after the date of unitization, if no secondary recovery operation were undertaken.
(b)CA Public Resources Code § 3652(b) The secondary tract value based upon consideration of the following factors:
(1)CA Public Resources Code § 3652(b)(1) The volume in acre-feet of porous, permeable sand originally saturated with hydrocarbon substances within a zone to be unitized, and underlying such tract.
(2)CA Public Resources Code § 3652(b)(2) The hydrocarbon substances per acre-foot of such zone recoverable by means of secondary recovery operations.
(3)CA Public Resources Code § 3652(b)(3) The value of the hydrocarbon substances so recoverable from such tract from such zones to be unitized.
(4)CA Public Resources Code § 3652(b)(4) In the event the necessary data is not available as listed in paragraphs (1), (2), and (3), the value may be assigned using a prudent engineering method, depending on the data available.
(c)CA Public Resources Code § 3652(c) All other factors which significantly bear upon the value of the committed properties for primary and secondary recovery.

Section § 3653

Explanation

If people who own parts of a shared resource, like an oil pool, can't agree on how it should be managed together, they can ask a supervisor to review the disagreement and make a decision.

Any disagreement with respect to the unit operation between persons owning any interest in the pool or pools, or portions thereof, subject to the unit agreement may be submitted to the supervisor for his review and decision.

Section § 3653.5

Explanation

If you're filing a petition to get a unit agreement approved, it must include a request for approval, a copy of the agreement, and detailed reports with engineering and geological data. Additionally, you need to provide proof that the necessary number of working interest owners and royalty interest owners agree to this unit agreement. If someone disputes your proof, you will have to provide more evidence.

A petition requesting approval of a unit agreement and each copy thereof shall contain or have attached to it:
(a)CA Public Resources Code § 3653.5(a) A request that the supervisor approve the unit agreement.
(b)CA Public Resources Code § 3653.5(b) A copy of the unit agreement.
(c)CA Public Resources Code § 3653.5(c) A report with appropriate engineering, reservoir, and geologic data and maps outlining in detail how the unit agreement qualifies for approval pursuant to this chapter.
(d)CA Public Resources Code § 3653.5(d) Evidence that the required number of working interest owners and royalty interest owners have consented to the unit agreement. Generally, such evidence shall consist of a certificate of the petitioner or unit operator that the requisite number of working interest owners and royalty interest owners have consented to the unit agreement; provided, however, that if the accuracy of the certificate is challenged by any person, additional evidence will be required. Additional evidence may be supplied by the petitioner or requested by the supervisor.

Section § 3654

Explanation

This law says that if a supervisor makes a decision that impacts someone, that person can challenge or appeal the decision in court. They have 60 days to do so unless another rule in this article sets a different deadline.

Any and all decisions or determinations made by the supervisor under the provisions of this chapter shall be appealable to any court of competent jurisdiction by any person whose interests are affected by any such decision or determination. Except as otherwise provided in this article, such appeal must be made within 60 days from the date of such decision or determination.

Section § 3655

Explanation

This section explains how to calculate the three-fourths interests among working and royalty interest owners involved in a unit agreement. First, all tracts of land under the unit agreement are given a total value that combines primary and secondary tract assignments. Each working interest owner gets a share based on the value of the tracts they own and their share of that ownership. Similarly, royalty interest owners get a share based on the tracts they own and their fractional share. If no royalties are outstanding, working interest owners are treated as if they also hold the royalty interests in the same proportion as their working interests.

The three-fourths interests referred to in Sections 3642, 3649, and 3651 shall be determined as follows:
(a)CA Public Resources Code § 3655(a) A total value, composed of the combined value of all of the primary tract assignment and secondary tract assignment, shall be assigned to all of the tracts of land which are the subject of the unit agreement or the proposed unit agreement.
(b)CA Public Resources Code § 3655(b) The pro rata interest of each working interest owner shall be equal to a fraction, the numerator of which shall be the total value of the primary tract assignment and secondary tract assignment of the tract or tracts in which he has a working interest, in accordance with his fractional share of such interest, if any, and the denominator of which shall be the value determined under subdivision (a).
(c)CA Public Resources Code § 3655(c) The pro rata interest of each royalty interest owner shall be equal to a fraction, the numerator of which shall be the total value of the primary tract assignment and secondary tract assignment of the tract or tracts in which he has a royalty interest, in accordance with his fractional share of such interest, if any, and the denominator of which shall be the value determined under subdivision (a).
If there are no royalties outstanding with respect to a tract or tracts of land included within or proposed to be included within a unit area, then for the purpose of determining the three-fourths of royalty interests the working interest owners in any such tract of land shall be deemed to be the owners of a royalty with respect to such tract in the same proportion as their ownership of the working interest therein.

Section § 3656

Explanation

This law section states that a unit agreement approved by a supervisor cannot cause any change in ownership or title of land or mineral rights under that land. In other words, such agreements won't transfer ownership from one person or party to another.

No unit agreement approved by the supervisor pursuant to the provisions of this chapter shall effect or result in, or be construed to effect or result in, the alienation, transfer, or change of any title or ownership, legal or equitable, of any person or party in or to any tract of land or the mineral rights therein to any other person or party.

Section § 3657

Explanation

This law section states that when a well is drilled or operated within a unit area, it's treated as if operations are happening on each separately owned piece of land within that area. The oil or gas produced is allocated to each piece of land as if it’s coming directly from a well drilled on that land.

Operations incident to the drilling, producing, or operating of a well or wells on any portion of a unit area under a unit agreement approved by the supervisor pursuant to the provisions of this chapter shall be deemed, for the purposes of determining compliance with lease and other contractual obligations, the conduct of such operations on each separately owned tract in the unit area by the several working interest owners thereof. That portion of the production allocated to each tract of land included in the unit area, when produced, shall be deemed for all purposes to have been produced from such tract by a well or wells drilled therein.

Section § 3658

Explanation

This law states that once a supervisor issues an order regarding a section of land with oil and gas, it applies to everyone with a stake in that land or the resources from it, starting from the order's effective date. Even if someone didn't agree to the unit agreement, they are still bound by it and have the right to enforce its terms, such as production rates.

Any order of the supervisor issued pursuant to this article shall, from and after its effective date, be effective as to, and be binding upon, each person owning an interest in the unit area covered thereby, or in the oil and gas produced therefrom, or the proceeds thereof. Each such person shall have the right to enforce the provisions of the unit agreement, including, but not limited to, the provisions for determining rates of production, whether or not such person expressly consented to the unit agreement.

Section § 3659

Explanation

Before holding a public hearing about using land for a unit operation, the supervisor has to give written notice to anyone with an interest, like landowners, according to tax assessor records. They also need to notify any city or county where the land is located. During the hearing, the city, county, or any interested person is allowed to present relevant testimony and evidence for the supervisor to consider.

Prior to any public hearing held by the supervisor pursuant to this chapter, the supervisor shall give reasonable written notice of the hearing to all persons shown by the records of the tax assessor to have an interest in the land proposed for unit operation, and shall give written notice to any city within which the land lies and, with respect to land which lies in an unincorporated area, to the county in which the land lies. Such city or county or any other interested person may, on any matter relevant to the proposed agreement for operation, submit testimony and evidence for the consideration of the supervisor.