A state lessee must promptly drill offset well(s) in certain drainage situations, unless a narrow horizontal-well exception applies, and must file a well log within 30 days after completion or abandonment.
Sec. 52.034. OFFSET WELLS. (a) In this section: (1) "Horizontal drainhole well" means a well with a horizontal drainhole that may produce oil or gas along at least 100 feet of the drainhole. (2) "Take point" means any point in a horizontal drainhole well where oil and gas can be produced from the reservoir or field interval recognized by the Railroad Commission of Texas. (3) "Unconventional fracture treated field" means an oil or gas field in which horizontal well development and hydraulic fracture treatment must be used to recover resources from all or part of the field. (a-1) Except as provided by Subsection (a-2), if oil or gas is produced in commercial quantities from a well located on a privately owned area or areas of state land leased at a lesser royalty and the well is located within 1,000 feet of an area leased under this subchapter or is draining an area leased under this subchapter, the lessee of the state area shall begin in good faith and prosecute diligently the drilling of an offset well or wells on the area leased from the state within 60 days after the initial production from the draining well or the well located within 1,000 feet of the leased state area. (a-2) If the well producing oil or gas in commercial quantities under Subsection (a-1) is a horizontal drainhole well located in an unconventional fracture treated field, a lessee of a state area is not required to drill an offset well as provided by Subsection (a-1) unless any take point in the horizontal drainhole well is located closer to the leased state area than the greater of: (1) the minimum distance established by the applicable lease-line spacing requirement of the Railroad Commission of Texas; or (2) a perpendicular distance of 330 feet. (b) An offset well shall be drilled to a depth and the means shall be employed which may be necessary to prevent undue drainage of oil or gas from beneath the state area. (c) Within 30 days after an offset well has been completed or abandoned, a log of each well shall be filed in the land office. (d) At the determination of the commissioner and with the commissioner's written approval, the payment of a compensatory royalty shall satisfy the obligation to drill an offset well or wells required by Subsection (a-1). Such compensatory royalty shall be paid at the royalty rate provided by the state lease issued under this subchapter and shall be paid on the market value at the well of production from the well producing oil or gas in commercial quantities described by Subsection (a-1). Acts 1977, 65th Leg., p. 2450, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977. Amended by Acts 1987, 70th Leg., ch. 948, Sec. 22, eff. Sept. 1, 1987. Amended by: Acts 2021, 87th Leg., R.S., Ch. 392 (S.B. 1258), Sec. 1, eff. September 1, 2021.