Legal & Compliance

Division Order

Demystifying Division Orders: The Key to Oil & Gas Revenue Sharing

In the world of oil and gas, the term "Division Order" might seem like a cryptic phrase reserved for industry insiders. However, understanding this document is crucial for anyone involved in the oil and gas industry, from landowners to investors. It's essentially the blueprint for how revenue from a producing well is distributed among the rightful owners.

What is a Division Order?

A Division Order is a legal document that outlines the ownership interests and revenue sharing for a specific oil or gas well. It clarifies the percentages of production that each party is entitled to receive based on their ownership stake in the well. Think of it as a contract that ensures fair distribution of profits.

Why are Division Orders Important?

  • Transparency: They provide a clear and verifiable record of ownership and revenue sharing, minimizing disputes and ensuring fairness.
  • Financial Accuracy: They are essential for calculating royalties, working interests, and other revenue streams associated with the well.
  • Legal Compliance: Division Orders are crucial for adhering to legal requirements and state regulations governing oil and gas production.

Key Interest Owners and Their Revenue Shares:

A typical Division Order lists the following stakeholders and their corresponding revenue shares:

  • Landowner: The owner of the mineral rights under the land where the well is located. They receive a royalty, typically a percentage of production, often a 1/8th or a 1/4th interest.
  • Working Interest Owner: The party responsible for drilling, operating, and developing the well. They typically have a larger percentage of the production than the landowner.
  • Overriding Royalty Owners: Individuals or entities who hold a royalty interest in the production, separate from the landowner's royalty. These rights can be granted through various agreements and may have different percentages.
  • Net Profits Interest (NPI) Holders: These individuals receive a portion of the profits generated by the well after operational expenses are deducted. The NPI share is typically calculated as a percentage of the net profits.
  • Non-Participating Royalty Owners: These individuals are entitled to a royalty on production but are not obligated to contribute to the costs of development and operation.

Example:

Imagine a well producing 100 barrels of oil per day. The Division Order outlines the following ownership interests:

  • Landowner: 1/8th royalty interest (12.5% of production)
  • Working Interest Owner: 75% working interest (75% of production)
  • Overriding Royalty Owner: 10% overriding royalty interest (10% of production)

The daily revenue distribution would be:

  • Landowner: 12.5 barrels of oil
  • Working Interest Owner: 75 barrels of oil
  • Overriding Royalty Owner: 10 barrels of oil

    Conclusion:

Division Orders are the cornerstone of equitable revenue sharing in the oil and gas industry. Understanding their contents is vital for anyone involved in oil and gas operations. By ensuring transparency and accurately defining ownership interests, Division Orders contribute to the efficient and fair distribution of production revenues, fostering trust and stability in this complex and dynamic industry.


Test Your Knowledge

Division Order Quiz

Instructions: Choose the best answer for each question.

1. What is a Division Order?

a) A legal document that outlines ownership interests and revenue sharing for a specific oil or gas well. b) A contract between a landowner and an oil company for drilling rights. c) A legal document that defines the boundaries of an oil and gas lease. d) A contract that outlines the terms of oil and gas production.

Answer

a) A legal document that outlines ownership interests and revenue sharing for a specific oil or gas well.

2. Which of the following is NOT typically a stakeholder listed in a Division Order?

a) Landowner b) Working Interest Owner c) Environmental Protection Agency d) Overriding Royalty Owner

Answer

c) Environmental Protection Agency

3. What does the "working interest" in a Division Order represent?

a) The percentage of ownership in the land where the well is located. b) The percentage of ownership in the oil or gas production. c) The responsibility for drilling, operating, and developing the well. d) The royalty paid to the landowner.

Answer

c) The responsibility for drilling, operating, and developing the well.

4. What is the purpose of a Division Order?

a) To ensure the fair distribution of revenue from oil and gas production. b) To define the boundaries of an oil and gas lease. c) To regulate the environmental impact of oil and gas drilling. d) To set the price of oil and gas in the market.

Answer

a) To ensure the fair distribution of revenue from oil and gas production.

5. Which of the following is NOT a benefit of having a Division Order?

a) Transparency in ownership and revenue sharing. b) Accurate calculation of royalties and other revenue streams. c) Increased government regulation of oil and gas production. d) Compliance with legal requirements and state regulations.

Answer

c) Increased government regulation of oil and gas production.

Division Order Exercise

Scenario:

A new oil well is producing 200 barrels of oil per day. The Division Order for the well outlines the following ownership interests:

  • Landowner: 1/4th royalty interest
  • Working Interest Owner: 60% working interest
  • Overriding Royalty Owner: 15% overriding royalty interest

Task:

Calculate the daily revenue distribution for each stakeholder based on the production and the Division Order.

Exercice Correction

**Daily Revenue Distribution:**

  • Landowner: 1/4th royalty interest = 200 barrels * (1/4) = 50 barrels of oil
  • Working Interest Owner: 60% working interest = 200 barrels * (60/100) = 120 barrels of oil
  • Overriding Royalty Owner: 15% overriding royalty interest = 200 barrels * (15/100) = 30 barrels of oil


Books

  • Oil and Gas Law: Cases and Materials by John S. Lowe, Jr. and Michael T. Gibson: This comprehensive textbook provides a deep dive into oil and gas law, including detailed explanations of division orders and their legal significance.
  • The Law of Oil and Gas by William L. Summers and Charles J. Meyers: This classic text covers various aspects of oil and gas law, with a section dedicated to division orders and their importance in revenue distribution.
  • The Energy Industry: A Complete Guide to Oil and Gas Exploration, Production, and Refining by R. M. Leary: This book offers a comprehensive overview of the energy industry, including chapters on oil and gas production and the role of division orders.

Articles

  • Division Orders: A Primer for Landowners by the Texas Landowners' Rights Association: This article provides a simplified explanation of division orders for landowners, focusing on their rights and responsibilities.
  • Understanding Division Orders in Oil and Gas by the Oklahoma Geological Survey: This article explores the various aspects of division orders, including their components, purpose, and impact on royalty owners.
  • Division Orders: Ensuring Fair Distribution of Oil and Gas Revenue by the National Association of Royalty Owners: This article highlights the importance of division orders in ensuring fair and equitable revenue sharing in the oil and gas industry.

Online Resources

  • Texas Railroad Commission: Division Order (https://www.rrc.texas.gov/oil-and-gas/division-orders/): This website provides information on division orders and their role in Texas oil and gas production, along with resources for landowners and operators.
  • Oklahoma Corporation Commission: Division Order (https://www.occe.state.ok.us/): The Oklahoma Corporation Commission website offers information and guidance on division orders in Oklahoma, including relevant rules and regulations.
  • National Association of Royalty Owners: Division Order Resources (https://www.naro.org/): This website provides a range of resources for royalty owners, including information on division orders, best practices, and legal rights.

Search Tips

  • "Division Order" + "state name": This search will provide information specific to a particular state's oil and gas regulations and division order requirements.
  • "Division Order" + "royalty owner": This search will deliver articles and resources geared towards landowners and royalty owners, explaining their rights and responsibilities.
  • "Division Order" + "example": This search will return articles and resources that provide examples of division orders and explain the various components and calculations involved.

Techniques

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