A. For purposes of the Production Revenue Standards Act a well is out of balance when cumulative gas sales on a volumetric basis for the account of all owners in a well have not been made in proportion to the respective net revenue interest of each owner.
B. In a well wherein the cumulative gas production accounts of royalty interest owners are out of balance, producing owners in that well may agree to have the distribution of gas royalty proceeds among the royalty interest owners made in a manner other than according to their proportionate royalty shares, provided that:
1. Such variance shall only be permitted to the extent required to balance the cumulative gas production accounts of the royalty interest owners; and
2. Prior notice thereof is given to the royalty interest owners affected thereby, and to the operator along with any ongoing information necessary for the operator to discharge its duties.
C. Nothing in this section shall be construed to impair any rights to balancing which may exist by contract or law.
Added by Laws 1992, c. 190, § 7, eff. July 1, 1993.