North Dakota Indian Communitization Agreement

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NORTH DAKOTA INDIAN
COMMUNITIZATION AGREEMENT
Contract No.
THIS AGREEMENT, entered into as of the date shown in Section 10 hereof by and between
the parties subscribing, ratifying, or consenting hereto, such Parties being hereinafter referred to as
"parties hereto."
W I T N E S S E T H:
WHEREAS, the Act of March 3, 1909, (35 Stat. 783), as amended by the Act of August 9,
1955, (69 Stat. 540) and the Act of May 11, 1938, (52 Stat. 347 as amended, 25 USC 396a-g), Indian
Mineral Development Act of 1982, (25 USC 2101-2108), require that all operations under oil and gas
leases on tribal and/or allotted Indian lands shall be subject to the rules and regulations of the Secretary
of the Interior, and the regulations issued pursuant to said statutes provide that in exercise of his
judgment, the Secretary of the Interior may take into consideration among other things, the Federal
laws, State laws, regulations by competent Federal or State authorities, or lawful agreements among
operators regulating either drilling or production or both (25 CFR Secs. 211.28, 212.28); and
WHEREAS, it is deemed necessary in the interest of conservation of natural resources and
in the interest of tribal and/or allotted lessors to communitize or pool lands covered by an Indian oil
and gas lease, or any portion thereof, with other lands, whether or not included in another Indian
lease, when separate tracts under such Indian lease cannot be independently developed and operated
in conformity with an established well-spacing program or pattern for the field or area; and
WHEREAS, the parties hereto own working, royalty or other leasehold interests, or
operating rights under the oil and gas leases and lands subject to this Agreement which cannot be
independently developed and operated in conformity with the well-spacing program established for
the field or area in which said lands are located; and
WHEREAS, the parties hereto desire to communitize and pool their respective mineral
interests in lands subject to this Agreement for the purpose of developing and producing
communitized substances in accordance with the terms and conditions of this Agreement:
NOW, THEREFORE, in consideration of the premises and the mutual advantages to the
parties hereto, it is mutually covenanted and agreed by and between the parties hereto as follows:
1. The lands covered by this agreement (hereinafter referred to as "communitized area")
are described as follows:
T.
th
N.,R
W., 5
P.M.
......
......
Containing
acres, and this agreement shall include the
Pool, underlying said lands and the
Field -
crude oil and associated natural gas, hereinafter, referred to as "communitized
substances,” producible from such formation (s).
ND INDIAN CA
revised 10/6/2014

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