Submitted by John Gaddis
Even with the ups and downs of oil prices, the oil and gas boom in Colorado is continuing. However, if you own land that has an existing oil and gas lease but there is no development of the minerals on your property, what do you do? Does a landowner have any recourse to require the lease holder to explore, develop and produce the minerals? Can the landowner seek to cancel the existing lease and negotiate a new one?
Even though it is not expressly stated in your oil and gas lease, there are four covenants that the law implies in every oil and gas lease. Those implied covenants are: (1) a covenant to conduct exploratory drilling; (2) a covenant to develop after discovering resources that can be profitably developed; (3) a covenant to operate diligently and prudently; and (4) a covenant to protect the leased premises against drainage. If the company breaches any one of these four implied covenants, the landowner may potentially terminate the lease.
In particular, if your property is within a proven field of oil and gas reserves and the lease holder is not attempting to develop these known resources profitably, the lease holder risks losing the lease. The landowner does have leverage in this situation.