77-3-421. Duration of lease. (1) All state oil and gas leases entered by the board shall be granted for a primary term of not more than 10 years or less than 5 years and as long thereafter as oil or gas in paying quantities is produced, on condition that all drilling, rental, and other obligations are fully kept and performed by the lessee. However, leases for a period of less than 5 years may be issued if the board determines that such shorter term is necessary to ensure full compensation for the oil and gas resource.
(2) Oil or gas produced from any part of a unit in which state lands are included by virtue of a pooling agreement are considered to be produced from the state lands therein within the meaning of this part.
(3) The board may grant reasonable extensions of the primary term of a state oil or gas lease upon a showing that the lessee, despite due care and diligence, is or has been directly or indirectly prevented from exploring, developing, or operating the lease or is threatened with substantial economic loss, due to litigation regarding the lease or another lease in the immediate area held by the same lessee, state compliance with the Montana Environmental Policy Act, Title 75, chapter 1, parts 1 through 3, rules adopted under Title 75, chapter 1, or adverse conditions caused by natural occurrences.
History: En. Sec. 2, Ch. 108, L. 1927; amd. Sec. 1, Ch. 193, L. 1931; amd. Sec. 1, Ch. 171, L. 1933; re-en. Sec. 1882.2, R.C.M. 1935; amd. Sec. 1, Ch. 109, L. 1941; amd. Sec. 1, Ch. 91, L. 1943; amd. Sec. 1, Ch. 128, L. 1945; amd. Sec. 1, Ch. 122, L. 1953; amd. Sec. 84, Ch. 428, L. 1973; R.C.M. 1947, 81-1702(part); amd. Sec. 1, Ch. 165, L. 1983; amd. Sec. 1, Ch. 272, L. 1989.
Structure Montana Code Annotated
Chapter 3. Rock, Mineral, Coal, Oil, and Gas Resources
77-3-401. Oil and gas leases authorized
77-3-403. Hearings on questions related to leases
77-3-404. Limitation on area under single lease
77-3-405. Leased lands to be generally compact and contiguous
77-3-406. Number of leases which one person may hold
77-3-407. New leases on lands leased prior to February 28, 1953
77-3-408. Certain state officers not to be interested in leases
77-3-409. Misconduct of officers in relation to oil and gas leases
77-3-410. False statements relating to oil and gas leases
77-3-411. Notice of lease sale required
77-3-412. through 77-3-420 reserved
77-3-422. Lease extension clause
77-3-426. Lessee to prevent waste
77-3-427. Provision for offset wells -- compensatory royalties
77-3-428. Additional development following completion of productive well
77-3-429. Operating agreements
77-3-430. Pooling agreements and unit operations
77-3-434. Manner of making royalty payment
77-3-435. Payments due to state -- audit -- notice -- action
77-3-436. Disposition of royalties and other money
77-3-437. Amendment of existing leases
77-3-438. Assignments of leases
77-3-440. Forfeiture and cancellation of leases
77-3-441. Restriction on new lease following termination of old lease
77-3-442. Disposition of property of lessee upon termination of lease
77-3-443. Reservation in lease for disposition of surface
77-3-444. Limitation on overriding royalties and payments out of production