Mineral owners often have to make late payments to obtain the right to ores without exploiting underground resources. Even if a developer does not remove anything from the underground land, landowners are entitled to late payments. However, when a mine or mine is productive, mineral interest owners must pay the lessor a share of the production as a production payment. [7] The right to premiums, late rents and production payments from a mining interest are also mining rights reflecting the economic reality of oil, gas and mineral development. Bonuses – that is, payments for mineral leases – are frequent benefits that landowners receive in exchange for transferring their underground rights to oil, gas and mineral developers. While neither Ellis nor Sunray specifically address porous space rights, it is possible to conclude that the surface site retains the right to the underground layers for natural gas storage or wastewater injection, both using porous space. Therefore, surface owners should keep in mind that an oil and gas lease agreement does not automatically give an operator the unlimited right to use porous space for the injection of wastewater from natural gas sections or storages. A surface owner always has the right to demand compensation for the storage of natural gas in depleted geological formations and for the injection of wastewater from boreholes by section. The lease between Anadarko and the Texas Parks and Wildlife Department prohibits Anadarko from using the CWMA`s surface for oil and gas drilling without consent, forcing Anadarko to use off-site drilling sites if it is “prudent and feasible.” To access the minerals under the CWMA, Anadarko has entered into an agreement with Briscoe Ranch on surface use and sub-surface seservability. This agreement allowed Anadarko to build several wells and drill many wells on the Briscoe ranch, which would then be horizontal and would actually produce oil under the CWMA.

What was important was that there were no catch points along the horizontal well on Lightning`s rent. .