Proving production

Has anyone seen any case law regarding whose burden it is to prove production on an older shallow well?

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Permalink Reply by Jim Litwinowicz on March 1, 2012 at 7:17am

Oildude: check out this court ruling on production gaps.  http://www.hh-law.com/News/20111103-Non-ProductionDuringSecondaryTe...

This is in Pa.... you'll have to check out Ohio law but this states that any long gap in production, other than shut-in and force majoure, could be enough to break a lease.

Permalink Reply by jb379 on March 1, 2012 at 5:27am

Jim,

 

Good info, thanks.

 

JB

Jim ShoosPermalink Reply by Jim Shoos on March 1, 2012 at 8:46am

There isn't going to to be any substantive difference in case law on this topic in any jurisdiction.  Not have a well "capable of producing" for that length of time (5 years)  is never going to be construed as sufficient to hold a lease.  Wells are somewhat like people, you find one that isn't breathing soon after they have stopped and you have a chance of reviving them and they will live... five years of not breathing... not so much!

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