Wyoming Statutes
Wyo. Stat. § 30-5-304 (2026)
Definitions.
✓ current as of May 2026
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(a) As used in this act:
(i) "Lessee" means the person entitled under an oil
and gas lease to drill and operate wells, paying the lessor a
royalty and retaining the remainder, known as the working
interest. The lessee pays all costs of production out of his
interest, the lessor's interest being free and clear of all
those costs;
(ii) "Lessor" means the mineral owner who has
executed a lease and who is entitled to the payment of a royalty
on production, free and clear of the costs of production;
(iii) "Operator" means a person engaged in the
business of drilling and producing wells for oil and gas;
(iv) "Other nonworking interest" means any interest
in an oil and gas lease or well which is not a royalty,
overriding royalty or working interest;
(v) "Overriding royalty" means a share of production,
free of the costs of production, carved out of the lessee's
interest under an oil and gas lease;
(vi) "Costs of production" means all costs incurred
for exploration, development, primary or enhanced recovery and
abandonment operations including, but not limited to lease
acquisition, drilling and completion, pumping or lifting,
recycling, gathering, compressing, pressurizing, heater
treating, dehydrating, separating, storing or transporting the
oil to the storage tanks or the gas into the market pipeline.
"Costs of production" does not include the reasonable and actual
direct costs associated with transporting the oil from the
storage tanks to market or the gas from the point of entry into
the market pipeline or the processing of gas in a processing
plant;
(vii) "Royalty" means the mineral owner's share of
production, free of the costs of production;
(viii) "Working interest" means the interest granted
under an oil and gas lease, giving the lessee the right to work
on the leased property to search for, develop and produce oil
and gas and the obligation to pay all costs of production;
(ix) "This act" means W.S. 30-5-301 through 30-5-305.Notes of Decisions
Cited in 13
cases (2 in the last 5 years), 1991–2025 · leading case: Cabot Oil & Gas Corp. v. Followill, 2004 WY 80 (Wyo. 2004).
Cabot Oil & Gas Corp. v. Followill, 2004 WY 80 (Wyo. 2004). “What is meant by the term “gathering” as that term is employed in Wyo. Stat. Ann. § 30-5-304 (a)(vi) in defining “costs of production”? 2.”
Ultra Resources, Inc. v. Hartman, 2010 WY 36 (Wyo. 2010). “The term "lessee" is defined at § 30-5-304(a)(i) as: "the person entitled under an oil and gas lease to drill and operate wells, paying the lessor a royalty and retaining the remainder, known as the working interest.”
Moncrief v. Harvey, 816 P.2d 97 (Wyo. 1991). “Recently the legislature added W.S. 30-5-304(a) (Cum.Supp. 1990), defining terms used in the Royalty Payment Act.”
Anderson Living Trust v. WPX Energy Prod., LLC, 27 F. Supp. 3d 1188 (D.N.M. 2014). “153©; Wyo. Stat. § 30-5-304(a)(vi) (1994 Supp.); Wood v.”
Wadi Petroleum, Inc. v. Ultra Resources, Inc., 2003 WY 41 (Wyo. 2003). “(a) Unless otherwise expressly provided for by specific language in an executed written agreement, “royalty”, “overriding royalty”, “other nonworking interests” and “working interests” shall be interpreted as defined in W.S. 30-5-304. A division order may not alter or amend the…”
Anderson Living Trust v. Conocophillips Co., 952 F. Supp. 2d 979 (D.N.M. 2013). “153 (i); Wyo. Stat. § 30-5-304(a)(vi) (1994 Supp.); Wood v.”
Anderson Living Trust v. WPX Energy Prod., LLC, 306 F.R.D. 312 (D.N.M. 2015). “153 (i); Wyo. Stat. § 30-5-304(a)(vi) (1994 Supp.); Wood v.”
Anderson Living Trust v. WPX Energy Prod., LLC, 312 F.R.D. 620 (D.N.M. 2015). “153 (i); Wyo. Stat. § 30-5-304(a)(vi) (1994 Supp.); Wood v.”
Wold v. Hunt Oil Co., 52 F. Supp. 2d 1330 (D. Wyo. 1999). “Wyo.Stat. § 30-5-304. The Court finds it must apply the express language of statute and is not required to resort to statutory construction.”
Exxon Mobil Corp. v. Wyoming Dep't of Revenue, 266 P.3d 944 (Wyo. 2011). “" Wyo. Stat. Ann. § 30-5-304 (a){viii). . "Nonconsents" are working interest owners who do not participate in the cost of drilling the well.”
Boley v. Greenough, 2001 WY 47 (9th Cir. 2001). “" Wyo. Stat. Ann. § 30-5-304 (a)(v) (Lexis 1999); 1989 Wyo.”
Wyoming Dep't of Revenue v. Pacificorp & Merit Energy Co., Llc, 2025 WY 126 (Wyo. 2025). “§ 30-5-304 (a)(viii) (defining “working interest” as “the interest granted under an oil and gas lease, giving the lessee the right to work on the leased property to search for, develop and produce oil and gas and the obligation to pay all costs of production”). 3 [¶15] The…”
— Wyo. Stat. § 30-5-304(a) — 1 case
Moncrief v. Harvey, 816 P.2d 97 (Wyo. 1991). “Recently the legislature added W.S. 30-5-304(a) (Cum.Supp. 1990), defining terms used in the Royalty Payment Act.”
— Wyo. Stat. § 30-5-304(a)(i) — 1 case
Ultra Resources, Inc. v. Hartman, 2010 WY 36 (Wyo. 2010). “The term "lessee" is defined at § 30-5-304(a)(i) as: "the person entitled under an oil and gas lease to drill and operate wells, paying the lessor a royalty and retaining the remainder, known as the working interest.”
— Wyo. Stat. § 30-5-304(a)(v) — 1 case
Cabot Oil & Gas Corp. v. Followill, 2004 WY 80 (Wyo. 2004). “What is meant by the term “gathering” as that term is employed in Wyo. Stat. Ann. § 30-5-304 (a)(vi) in defining “costs of production”? 2.”
— Wyo. Stat. § 30-5-304(a)(vi) — 5 cases
Cabot Oil & Gas Corp. v. Followill, 2004 WY 80 (Wyo. 2004). “What is meant by the term “gathering” as that term is employed in Wyo. Stat. Ann. § 30-5-304 (a)(vi) in defining “costs of production”? 2.”
Anderson Living Trust v. WPX Energy Prod., LLC, 27 F. Supp. 3d 1188 (D.N.M. 2014). “153©; Wyo. Stat. § 30-5-304(a)(vi) (1994 Supp.); Wood v.”
Anderson Living Trust v. Conocophillips Co., 952 F. Supp. 2d 979 (D.N.M. 2013). “153 (i); Wyo. Stat. § 30-5-304(a)(vi) (1994 Supp.); Wood v.”
Anderson Living Trust v. WPX Energy Prod., LLC, 306 F.R.D. 312 (D.N.M. 2015). “153 (i); Wyo. Stat. § 30-5-304(a)(vi) (1994 Supp.); Wood v.”
Anderson Living Trust v. WPX Energy Prod., LLC, 312 F.R.D. 620 (D.N.M. 2015). “153 (i); Wyo. Stat. § 30-5-304(a)(vi) (1994 Supp.); Wood v.”
— Wyo. Stat. § 30-5-304(a)(viii) — 1 case
Ultra Resources, Inc. v. Hartman, 2010 WY 36 (Wyo. 2010). “The term "lessee" is defined at § 30-5-304(a)(i) as: "the person entitled under an oil and gas lease to drill and operate wells, paying the lessor a royalty and retaining the remainder, known as the working interest.”
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