The following was received by many people in the Brinker Storage field with the old dual purpose (storage & production leases)--
 
Dear Non-Litigating Brinker Field Landowners:

Hilcorp is increasing their royalty offer to 15% for OIL & GAS. This is most likely a GROSS Royalty because that's what was discussed. This is a significant increase from where we started. Again, many folks in Pennsylvania and West Virginia with similar leases to ours ended up with only 12.5% royalties (sometimes NET) when the oil and gas production privileges were farmed out. In a perfect world we would not have to go through Columbia Gas. At the same time neither would Hilcorp. Hilcorp continues to indicate they truly desire to develop the oil and gas resources. Hilcorp has been very gentlemen-like in their approach to the situation. The 15% royalty means you could be handsomely compensated for your resources, even though there is a dual interest in the Oil and Gas (Columbia Gas).
 
There are many online oil and gas calculators that can help you figure out your possible royalty income at 15%. Look up the production results from nearby counties (ie, Carroll) as potential example.
 
Columbia Gas’ arrangement with Hilcorp stipulates Columbia will have a 5% working interest plus a .7% overriding royalty in the wells. This arrangement along with our offered 15% royalty means Hilcorp’s overall payout will be right close to 20%. The business economic model that drillers strive to maintain is a 79 to 80% margin for themselves, after all they are doing all the work. This Hillcorp offer allows them to maximize their royalty offer while still staying within operator industry standards.

Again, Last Friday we met with Hilcorp’s Mr. Smith at Roth Blair’s law office. During our three hour discussion, Hilcorp offered to modify their Lease Amendment offer. The other possible changes they proposed in addition to those mentioned at the 9/12 & 9/13 open house include:
* adding well shut-in payments
* adding many additional landowner friendly provisions.
* a hold harmless and indemnification clause.
* they have indicated the soon to be finished draft is 16 pages long.
* According to Hilcorp, the changes would make the Lease Amendments binding upon the old manufacturers lease.
* Hilcorp stated they are willing to offer the Lease Amendment to all affected people Not In A Lawsuit Against Nisource/Columbia, so please make your decisions wisely. If you have sued Columbia & NiSource, Hilcorp cannot talk to you, and they will not make this offer to you.
*Hilcorp stated their Intention to Make the Offer to All Non-Litigants and They Will Not “Cherry Pick” Parcels.

It goes without saying- the best way to maximize drilling potential from one company is to combine inviting acreage.

Lease language is often not easy to understand. The Roth Blair law firm will have had the opportunity to review Hilcorp's Lease Amendment. Lawyers will be available to go over Hilcorp’s offer with interested parties when the Lease Amendment is prepared. This could be done in seminar format so folks can hear each other’s questions, and receive an answer. We recommend that you discuss any Lease Amendment with an experienced oil and gas attorney before you sign it.

We expect to have more news and additional details to disclose very soon. Please share this very important information with your neighbors.

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Replies to This Discussion

Some of the residents who live within the Brinker Storage Field in Columbiana County have reached an agreement with the parent company of Columbia Gas about deep mineral rights.

The company offered a group that had elected not to sue NiSource, the parent company of Columbia, a 15 percent royalty on oil and gas production, said state Rep. Craig Newbold, R-1st, who helped facilitate the deal.

Newbold, of Columbiana, met with both residents and NiSource separately to discuss the situation. NiSource has signed an agreement with Hilcorp, a Houston-based oil and gas company, to develop oil and gas in the storage field.

“I think both groups were willing to compromise,” he said. “The agreement the residents got was a little above their expectations.”

The properties had been subject to decades-old storage leases, which meant no lease bonus and royalties of just $200 a year if gas was being stored under their property — and nothing if it wasn’t.

As part of the agreement, the residents also will receive a modern lease. Older leases do not contain any information about water testing before drilling, setbacks, reclaiming the land or numerous other landowner protections that are standard in leases signed today.

The decades-old leases provide little protection to the surface-rights owner.

Property owners within the storage-field area received a letter in May stating the company is “in the process of developing a plan regarding the oil and gas potential in the area in a way that protects the integrity of the storage facility that serves the region’s critical energy needs.”

 

Although the deal has not been completed, there has been progress, and it’s moving forward, said Chevalier Mayes, communications manager for NiSource.

“We look at this as a long-term relationship with the landowners. We want them to be happy,” she said.

There remains no agreement, however, with the residents who live within the storage field who elected to sue NiSource, Newbold said, adding, “They’re continuing to pursue legal action.”

Newbold said he became aware of the situation with the Brinker leases and invited himself to a meeting between property owners and attorneys who were signing clients for a lawsuit.

During a meeting with NiSource, Newbold said he informed the company that he hoped it would be able to reach a compromise with the residents. The group had been asking Newbold to sponsor a bill to create minimum royalties of 12.5 percent in Ohio.

“I told them I didn’t want to sponsor the bill, but if an agreement couldn’t be reached, I would,” he said, but he considered the bill a last resort.

Ross Porter, of Leetonia, who is part of the group that has filed litigation, said he has not been told of any settlement offer made to those who sued.

“I’m really disappointed in Columbia Gas and their parent company, NiSource,” he said. “I just want a lease that protects my property and my water, and these old leases don’t do any of that.”

The company has stated that it plans to drill in the storage field by the end of the year, Porter said.

The amended leases have not yet been formally filed, said Craig Brown, recorder for Columbiana County.

 

Thanks US for finding and posting this article.

The modern lease amendment offers are reportedly being mailed out to all non-suing Brinker Field landowners, with the "older" leases.  So if people did not receive one they should not be worried yet.    

As the gentlemen says in the article above about concerns with water and property protections,  the lease amendment offer addresses those discrepancies in equal or far better fashion when compared to many other modern leases.

I look forward to the economic progress this could bring to our community.  For now, gone are the days we face exploitation, and a pittance if our natural resources are extracted.  

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