§ 15-74-605 - Sale of proportionate share of production.
               	 		
15-74-605.    Sale of proportionate share of production.
    (a)  For  any gas well completed as a commercially productive well subsequent to  the passage of this section, the party designated as operator of the  well shall sell, and the operator's first purchaser shall purchase, the  gas production attributable to the interest of any party who  participated in any part of the costs and expenses of the well and who:
      (1)  Is not regularly engaged in the oil and gas business;
      (2)  Owns no more than a five percent (5%) mineral interest in the well;
      (3)  Is not an individual in the oil and gas industry;
      (4)  Has  made a reasonable good faith attempt to obtain a market for or contract  covering its proportionate share of production from the well and can  demonstrate those efforts by objective evidence, such as letters from  purchasers, but has failed to obtain a market or contract;
      (5)  Agrees  to pay a proportionate share of any costs associated with the  construction of a pipeline which is to be or has been constructed to  facilitate the marketing of production from the well and, in addition  thereto, if the costs of the pipeline have been previously invoiced,  simple interest at the maximum rate provided by law on the proportionate  share to be paid by a party electing under this section from the due  date of the invoices;
      (6)  Makes a  written election under this section, which is received by the operator  within sixty (60) days of the date of first sales of production by the  operator;
      (7)    (A)  Agrees  to pay to the operator a reasonable administrative and overhead charge  for the initial setup of the necessary accounts and procedures and for  operator's administration and oversight of monthly sales under this  section.
            (B)  However, the  operator shall charge a monthly fee if a party electing under this  section desires to receive monthly revenue checks or an annual fee if  the party desires to receive revenues only on an annual basis;
      (8)  Agrees  to indemnify and hold harmless the operator and its first purchaser for  any inadvertent error or omission which may occur in the administration  hereof; and
      (9)  Agrees to be  bound by the terms and conditions of the operator's contract with its  first purchaser until the contract terminates or production from the  well ceases, whichever is earlier.
(b)  In  the event that a new party should be designated as operator of the  well, subsequent to any election made under this section, the  proportionate share of production of any party who avails itself of the  benefits of this section shall remain subject to, and be sold pursuant  to, the terms and conditions of the contract of the initial operator.