L A N D M A N The Rocky Mountain Volume 36 Issue 8 www.dapldenver.org March 2019 March Luncheon Speaker: Dan Haley Title: Legislative Update Luncheon registration form is located on page 8 or you can register online at DAPLDenver.org. This luncheon has applied for 1 CE The luncheon will be held at the Denver Athletic Club on Wednesday, March 20th, 2019 at 11:30 a.m. and will cost $35.00 for DAPL members and $40.00 for non-members and late registrants. Check in begins at 11:15 am. Reminders: March Happy Hour with Bowling - Wednesday, March 20th - RSVP TO [email protected]Bill Goodin Scholarship Apps due - Friday, April 12th Family Homestead Volunteer Work Day - Saturday, April 13th April Luncheon - Wednesday, April 17th DAN HALEY President & Chief Executive Officer Dan Haley serves as President & Chief Executive Officer of the Colorado Oil & Gas Association. Mr. Haley is responsible for leading the industry in Colorado legislative, regulatory, and public relations matters. Previously, he was Vice President of Communications, Development and Strat- egy at EIS Solutions, a public affairs firm where he served as a consultant for numerous corporate and political clients, including oil and gas interests. Prior to that, Mr. Haley spent more than 20 years in the communications field, including 13 years at The Denver Post, where he was the Editorial Page Editor. He also was Director of Corporate Communications for CoBank, a $100 billion bank headquartered in Denver. A Colorado native, Mr. Haley has a bachelor’s degree in Journalism from the University of Wyoming and sits on the Advisory Council to the USO Denver, the Colorado Advisory Committee for the U.S. Global Leadership Coalition and the Advisory Council for the University of Colorado-Denver Global Energy Management program. 11:30-11:45 Welcome and Networking 11:45-12:45 Lunch and Presentation 12:45-1:00 Q&A
Transcript
L A N D M A N
The Rocky Mountain
Volume 36 Issue 8 www.dapldenver.org March 2019
March Luncheon
Speaker: Dan Haley
Title: Legislative Update
Luncheon registration form is located on page 8 or you can register online at DAPLDenver.org. This luncheon has applied for 1 CE
The luncheon will be held at the Denver Athletic Club on Wednesday, March 20th, 2019 at 11:30 a.m. and will cost $35.00 for DAPL members and $40.00 for non-members and late registrants. Check in begins at 11:15 am.
Reminders:
March Happy Hour with Bowling - Wednesday, March 20th - RSVP TO [email protected]
Bill Goodin Scholarship Apps due - Friday, April 12th Family Homestead Volunteer Work Day - Saturday, April 13th April Luncheon - Wednesday, April 17th
DAN HALEY President & Chief Executive Officer Dan Haley serves as President & Chief Executive Officer of the Colorado Oil & Gas Association. Mr. Haley is responsible for leading the industry in Colorado legislative, regulatory, and public relations matters. Previously, he was Vice President of Communications, Development and Strat-egy at EIS Solutions, a public affairs firm where he served as a consultant for numerous corporate and political clients, including oil and gas interests. Prior to that, Mr. Haley spent more than 20 years in the communications field, including 13 years at The Denver Post, where he was the Editorial Page Editor. He also was Director of Corporate Communications for CoBank, a $100 billion bank headquartered in Denver. A Colorado native, Mr. Haley has a bachelor’s degree in Journalism from the University of Wyoming and sits on the Advisory Council to the USO Denver,
the Colorado Advisory Committee for the U.S. Global Leadership Coalition and the Advisory Council for the University of Colorado-Denver Global Energy Management program.
11:30-11:45 Welcome and Networking 11:45-12:45 Lunch and Presentation
12:45-1:00 Q&A
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The Denver Association of Petroleum Landmen 535 16th Street, Suite 850 Denver, CO 80202 Telephone: (303) 446-2253 Fax: (303) 595-9701 E-Mail: [email protected] Web Site: www.dapldenver.org Office Hours 9:00 am - 2:00 pm Monday through Thursday The Denver Association of Petroleum Landmen is a non-profit organization operated by its membership for mutual benefit to further the knowledge and interests of Professional Landmen, and to better acquaint the public with the scope of the Landman's work. The Rocky Mountain Landman is a publication of the Denver Association of Petroleum Landmen. Editor Tabatha Reed DAPL Office Phone: (303) 446-2253 Fax: (303) 595-9701 Column Coordinators: AAPL Shelly Albrecht Education Bresee Carlson Thomas Porter Minutes Rhonda Dittmer Legal Malinda Morain Community Service Spotlight Matt Hoppe Contributions from our readers are welcome. All suggestions and manuscripts should be emailed to the editor at the DAPL office. We reserve the right to edit all material according to standard practices. Bylined and credited articles represent the view of the authors; publication neither implies approval of the opinions expressed nor accuracy of the facts stated.
Nominating Committee for the
2019-2020 DAPL Executive Board
Ed Higuera - Coronado Natural Resources, LLC
Sam Evasick – Noble Energy
Gil Guethlein - Bayswater Exploration & Produc-tions, LLC
Shelly Albrecht - Franklin Mountain Energy
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Dear DAPL Members, It’s no secret we work in a cyclical business. When prices are high, and opportunities abound, we’re all hustling to keep up with activity with great fervor. The yields forgive our gaffes in these up cycles. Professional development and op-portunities for mobility are often natural byproducts of these times of hustle and prosperity. While commodities markets are not impacted by gravity in physics sense, historical evidence tells us what goes up will come down and in the case of our current oil and gas commodities markets, stay down. When the inevitable happens, prices drop, the job markets shrink, etc. we find ourselves competing for a dwindled pool of resources, but perhaps with more time on our hands. Rather than feeling victim to these cruel cycles, what if we used them to our advantage? Particularly, I want to focus on how we can use down times to elevate our professional prowess while the luxury of time might be on our side. Here are a few ideas that come to mind: 1. Learn a new skill. Maybe you’ve always wanted to apply fancy animations to a PowerPoint presentation, run spe-
cial queries out of your Land data base to answer detailed questions from bankers or learn how to build fun pivot tables in excel. It could be any of those “I’ll get to it when things let up” kind of skills that you’ll be grateful to have under your belt when things pick back up to full throttle. Many free educational resources and courses can be found online.
2. Network. Make connections and take the time to build genuine relationships. Getting to know others in the industry is getting to know your resources. Maybe someone you meet will be your next mentor, mentee, business partner or lifelong friend. Or maybe you find out, by asking lots of questions, the person next to you is tackling the same problem you are tasked to solve. Attending DAPL luncheons and events, joining a DAPL or AAPL committee or just getting out to meet others for coffee, lunch or happy hours are great ways to build your network. Not only will you have fun, but it will also pay dividends down the road. “Networking is about investing a little social capital before asking for a withdrawal.”- Dr. Ivan Misner
3. Goal Setting. Think about where you want to be in the future, both personally and professionally. Ask your -self: Is the path I’m on taking me to my intended destination? Are my short-term goals and long-term goals properly aligned? If not, adjust those goals and get after it!
4. Organize. Clear the clutter and spend some time in reflection. Organize your thoughts along with your files to identify bad habits, past failures and the things you’ve done right. Capture these things so you can be deliberate in the behaviors or decision-making processes you need to hone. Maybe even update your resume in the process, so you’re not caught flat footed when a new opportunity arises.
5. News. If you feel like you’ve been too busy living in a bubble during a busy season, take time to study up on indus-try news and markets. Being in “the know” is not only great for carrying on conversation, but also critical for a vari-ety of planning reasons (i.e. business development, staffing, material resources, rule and regulatory making impacts, etc.).
6. Broaden Your Perspective. Go talk to an engineer , geologist or accountant to get familiar with their challeng-es and what motivates them. The better you understand what impacts the economics of your company’s or your cli-ent’s wells, assets, leasing programs, etc., the more impactful you can communicate with your team and elevate the Land profession.
7. Industry Advocacy. Consider supporting our industry by wr iting or calling your state legislators to express the positive benefits our industry has had on you and your community. In addition to the DAPL, Coloradans for Re-sponsible Energy Development (“CRED”), Protect Colorado and Colorado Oil & Gas Association (COGA) provide great tools to educate yourself on current conversations and challenges facing our industry and jobs.
Best Regards, Shelly Albrecht, CPL AAPL Director to DAPL
Officer’s Forum
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THANK YOU DAPL 2019 CORPORATE SPONSORS
Double Platinum Sponsors
The Rocky Mountain Landman, March 2019 5
Platinum Sponsors
THANK YOU DAPL 2019 CORPORATE SPONSORS
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From a Legal Perspective
No Good Deed Goes Unpunished: Reviewing Mineral Title Under Rights-of-Way
When reviewing deeds, it is often difficult for examiners to determine if the grantor has reserved any portion of the min-
eral estate. Deeds which reference strips, be they railroads, highways, streets, or alleys may exacerbate difficulties in in-
terpretation. A common example of the difficulties encountered by title examiners is the following scenario: Grantor
owns Blackacre in fee simple. By Highway Deed, Grantor conveys a strip of land crossing Blackacre to the Department
of Highways, reserving unto Grantor any minerals beneath the right-of-way. By Warranty Deed, Grantor conveys Black-
acre to Grantee. The grant in the Warranty Deed describes Blackacre, EXCEPT that parcel of land conveyed by the
Highway Deed. From the plain language of the description included in the Warranty Deed, it seems that Grantor is con-
veying to Grantee all his or her interest in Blackacre, except that which Grantor does not own, the Department of High-
ways’ right-of-way, which is a surface parcel only. However, examiners have interpreted similar language as a reserva-
tion by Grantor of any mineral interest underlying the highway strip, resulting in questionable oil and gas leases, clouds
on title, and litigation.
Traditionally, a reservation is a creation in the grantor of a new estate which is carved out of the premises con-
veyed to the grantee. The terms “except” or “exception” technically mean an exclusion of an interest from the grant, typ-
ically an interest residing in a third party, rather than a reservation by the grantor. This technical interpretation of the
term “except” would support the conclusion that Grantor conveyed to Grantee everything Grantor owned in Blackacre,
including the minerals underlying the Department of Highways’ strip. However, recognizing that drafters often use the
terms “reservation” and “exception” interchangeably, Colorado courts have departed from the historical meaning of the
two terms, preferring instead to review the four corners of the deed in order to determine the intent of the parties. When
reviewing deeds to determine the intent of the parties, the Colorado Supreme Court has stated “Reservations are con-
strued more strictly than a grant, and any ambiguities in a reservation are construed against the grantor.” See Notch
Mountain Corp. v. Elliott, 898 P.2d 550 (Colo. 1995). The Colorado Supreme Court has further stated “Generally,
when grantors intend to reserve or retain something, they specifically say so.” See First National Bank of Denver v. Al-
lard, 182 Colo. 297 (1973). As there is no explicit reference to a reservation by Grantor of the minerals underlying De-
partment of Highways’ right-of-way, the standards of review expressed by the Colorado Supreme Court would support
the notion the Grantor did not retain the minerals.
Colorado jurisprudence also recognizes the common law rule of conveyance known as the centerline presump-
tion, described as a “rule of conveyance intended to give effect to the presumed intent of the grantors.” In Overland
Mach. Co. v. Alpenfels, 30 Colo. 163 (1902), the Colorado Supreme Court stated “It may be stated as a general rule that
a conveyance of a lot which borders upon a highway presumptively carries the title to the center of the street, if the gran-
tor owns the land on which the highway is laid out, and that one is presumed to convey the highest estate he owns in the
lands granted, unless a smaller estate is described.” In Asmussen v. United States, 304 P.3d 552 (Colo. 2013), the Colo-
rado Supreme Court adopted a centerline presumption as applied to railroad rights-of-way, where the adjacent landowner
provides evidence that his or her title derives from the owner of the fee underlying the right-of-way. In the above hypo-
thetical, the centerline presumption would support the Grantee to the Warranty Deed in a claim by the Grantor that he or
she retained the minerals underlying the right-of-way.
The Asmussen opinion noted the public policy issues arising from narrow strips of land with distinct ownership,
describing such strips as a “prolific source of litigation.” Examiners should carefully review the vesting instruments to
determine the intent of the parties, and keep in mind that if there is not a clear, objective reservation of mineral rights
underlying a strip or right-of-way contained in the deed, Colorado courts will interpret any ambiguities in favor of the
Grantee. Finally, when interpreting enigmatic deed provisions relating to strips or rights-of-way, the centerline presump-
tion can be a useful tool in determining ownership.
Todd R. Caldwell
Caldwell Hathcoat LLC
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Registration Form For the March 2019 Luncheon
Date: WEDNESDAY, March 20, 2019 **LOCATION** The Denver Athletic Club 1325 Glenarm Place
Time: 11:30 a.m.—1:00 p.m. Registration begins at 11:15 am
All reservations must be made in advance RSVP by Friday, March 15th
Cost: $35.00 for Members $40.00 for non-Members
Mail to: DAPL , 535 16th Street, Suite 850, Denver , CO 80202 or Email: dapl@dapldenver .org You can also register on the DAPL website using a credit card: dapldenver.org click on “events” then on Luncheon on the February calendar
Enclosed is a check in the amount of $______________ to register the following participant:
*If you have a special meal request such as a vegetarian or gluten free you must inform the DAPL office in advance to pre-order and provide you with a ticket to give the servers at the DAC.
Substitutions will not be allowed at the time of the Luncheon. –Thank you
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2019 DAPL Calendar of Events
March 1st-Ski Fast, Oil Bash (Ski Day) 7th-Education Committee Meeting 13th-Board Meeting 20th-March Luncheon - see pages 1 & 8 for more information 20th-Happy Hour - Bowling - see page 9 for more information
April 10th-Board Meeting 12th-Bill Goodin Scholarship Appli-cations due - see pages 14-17 for more information 13th-Family Homestead Volunteer Work Day - see page 19 for more information 17th-April Luncheon - see page 9 for more information
May 8th-Board Meeting 15th-March Luncheon
June 12th-Board Meeting 20th-Summer Patio Series Happy Hour - See page 18 for more infor-mation
Board Meeting
March 2019
on
Sun Mon Tue Wed Thu Fri Sat
1 2 3 4 5 6
7 8 9 10
Board
Meeting
11 12
Bill Goodin
Apps Due
13
Family
Homestead
Volunteer
Work Day
14 15 16
17
Luncheon
18 19 20
21 22 23 24 25 26 27
28 29 30
April 2019
Sun Mon Tue Wed Thu Fri Sat
1
Ski Fast,
Oil Bash
2
3 4
5 6 7
Education
Committee
Meeting
8 9
10 11 12 13
Board
Meeting
14
15
16
17 18 19 20
Luncheon
Happy Hour
21
22
23
24 25 26 27 28 29 30
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DAPL Executive and Board Meeting Minutes
January 9, 2019
Attendees: Chad Repko, Tyler Aylor, Shelly Albrecht, Sam Evasick, James Parrot, Caroline Hansen, Gil Guethlein, Sarai Martinez (Call In), Bresee Carlson, Jason Rayburn, Ma-linda Morain, Lexy Mastroianni Chad Repko called the meeting to order at 11:35 AM. Approval of Minutes Reported by Chad Repko Chad motioned to approve the 12-18-18 board meeting minutes. Sam se-conded. Motion passed. President’s Report Reported by Chad Repko General Discussion concerning fol-lowing: a) Ski Fast Oil Bash is coming up March 1st. b) This year ’s Golf Tournament c) DAPL RMMLF Trustee d) Ethics Committee Treasurer’s Report Reported by Sarai Martinez / Chad Repko Checking / Savings YTD – Up 13.3% Scholarship – Consistent with last year Virtual Office – First run of having Board meeting at Beatty & Wozniak, some go off without issue, going to continue evaluating idea. Corporate Sponsorship – $25k in commitments with goal of $100k
Denver APL accounts: Checking $153,917.09 Money Market Account: $83.306.62 Total Checking/Savings: $237,223.71 Denver APL Scholarship Fund Accounts: Bill Goodin- $5,837.62 Cappy Ricks- $17,566.83 Scholarship Fund Checking- $8,356.99
Raffle Account- $3,928.00 Total Checking/Savings: $40,788.27 Membership Reported by Chad Repko Denver APL received three mem-bership applications. Two are asso-ciates. Tyler motioned to approve the appli-cants. Gil seconded. The motion passed. Education Committee Bresee Carlson reported that the committee is going to make a con-certed effort to have speaker bios / presentation summaries in earlier for submission to the Colorado State for CLE credits. IT Committee Brett Wisner has stepped down as the committee chair. The Board thanked Brett for all of his hard work on the DAPL website. Lexy Mastroianni is succeeding Brett as committee chair. Meeting was adjourned at 12:47 PM by Chad Repko.
The Rocky Mountain Landman, March 2019 13
Contact : DAPL Office (303) 446-2253
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2018-2019 DAPL OFFICERS, DIRECTORS AND STANDING COMMITTEE CHAIRS
President - Chad Repko Anadarko…………………………….720-929-6000 …………………………[email protected] First Vice President - Ed Higuera Coronado Natural Resources LLC…..619-581-7261 ………………………….…[email protected] Vice President - Tyler Aylor Reagan Resources……………………303-534-5665 …………………[email protected] Secretary - Rhonda Dittmer Noble Energy….………..…………....720-587-2075 …..……………..…[email protected] Treasurer - Sarai Martinez Anadarko…..….………..…………....720-929-6000 …..……………..…[email protected] Director - Caroline Hansen Liberty Resources…………………....303-749-5722 …………[email protected] Director - Gil Guethlein Bays water Exploration & Production, LLC ……………………………………….720-881-4471 ………………..…………[email protected] AAPL Director - Shelly Albrecht Franklin Mountain Energy ……………….………[email protected] Immediate Past President– Sam Evasick Noble Energy………………………...720-587-2173 ……………………[email protected] AAPL Certification – Shelly Albrecht Liberty Resources II, LLC..…...……..303-749-5748 ……………[email protected] Awards– Jason Rayburn Extraction Oil & Gas……………………………….
Ski Day – Patsy Botts Norstar Petroleum Inc.…..……..…..303-925-0696 ……………………[email protected] Courtney Ahuja Inflection Energy LLC……………..303-531-2326 ……[email protected] Networking- David Connolly QEP Resources……………………….303-595-5816 ………………..………[email protected] James Culbertson Slawson Exploration Company, Inc….720-259-6405 ………………[email protected] Trap and Sporting Clays - Edward Green …………………………[email protected] Community Service- Matt Hoppe Stengel Hoppe LLP.…....…...……..…303-325-2610 ……………………[email protected]
