43 C.F.R. § 3181.3

Parties to unit agreement

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The owners of any right, title, or interest in the oil and gas deposits to be unitized are regarded as proper parties to a proposed agreement. All such parties must be invited to join the agreement. If any party fails or refuses to join the agreement, the proponent of the agreement, at the time it is filed for approval, must submit evidence of reasonable effort made to obtain joinder of such party and, when requested, the reasons for such nonjoinders. The address of each signatory party to the agreement should be inserted below the signature. Each signature should be attested by at least one witness if not notarized. The signing parties may execute any number of counterparts of the agreement with the same force and effect as if all parties signed the same document, or may execute a ratification or consent in a separate instrument with like force and effect.

Notes of Decisions

Cited in 2 cases, 2002–2010 · leading case: Biodiversity Conservation All. v. Bureau of Land Mgmt., 608 F.3d 709 (10th Cir. 2010).

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Biodiversity Conservation All. v. Bureau of Land Mgmt., 608 F.3d 709 (10th Cir. 2010). “See 43 C.F.R. §§ 3181.3 . And because non-federal developers currently profit from existing wells, there is little to no incentive for them to enter into a unit agreement requiring delay and profit-sharing.”

Hegarty v. Bd. of Oil, Gas & Mining, Dnr, 2002 UT 82 (Utah 2002). “However, all of the uncommitted owners in the DW Unit were provided opportunities to join the agreement as required under 43 C.F.R. 3181.3 (1999) (stating all owners “must be invited to join the agreement”).”

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