Five Kiefaber & Oliva LLP Attorneys Recognized As Texas Rising Stars

March 29, 2021 — Kiefaber & Oliva LLP attorneys Lucas Cowan, Zach Gaver, D. Bradley (Brad) Gibbs, Zachary Oliva, and Patrick Schenkel have been named to the Super Lawyers 2021 "Texas Rising Stars" list in the category of Energy & Resources. Lucas Cowan – Mr. Cowan's practice involves various aspects of energy and business law, with a particular emphasis on upstream energy operations and construction-related enterprise. He advises clients regarding oil and gas title examination, due diligence for acquisitions and divestitures, oil and gas contracts, and upstream regulatory compliance. He is licensed to practice law in Texas and North Dakota. Zach…
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The ABCs of JOAs: Revisiting Some of the Changes in the 610-2015 JOA

December 29, 2020 — In 2011, the AAPL began the process of updating the 610-1989 Model Form to incorporate the new norms that have emerged with the expanded use of horizontal drilling techniques.  In 2013, the AAPL Task Force released the 610-1989 Horizontal Modification Form, which was intended to serve as a temporary solution to address horizontal drilling issues while the Task Force worked to produce a fully updated model form.  Finally, in 2016 after a bit of a delay, the AAPL Task Force released the Form 610-2015 JOA.  The new 2015 form incorporates the changes that were made in the…
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Drilling on Non-Contiguous Acreage Found to Trigger Offset Well Provision

December 29, 2020 — In Martin v. Rosetta Res. Operating, LP, 2020 Tex. App. LEXIS 7952, 2020 WL 5887566, the Texas Thirteenth Court of Appeals held that a lessee’s obligation to protect undrilled acreage from drainage and to spud an offset well were triggered by the plain terms of the lease. The Martin court construed an “unambiguous” mineral lease as a matter of law, and noted that it must enforce the intention of the parties as expressed in the four corners of the lease. In its written decision, the court challenged the parties’ construction of a lessee’s obligations in a…
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