Houston Association of Professional Landmen

Transcription

3
Houston Association of
Professional Landmen
February 1, 2015
HAPL Bulletin #427
HAPL FEBRUARY LUNCHEON
AUBREY K. MCCLENDON
HAPL UPCOMING EVENTS:
February 19
HAPL Luncheon, Petroleum Club
(NEW LOCATION)
February 19
www.hapl.org
HAPL 1st Annual Spring Swing
Membership Drive, Top Golf
Aubrey K. McClendon, 55, is
Chairman, Chief Executive
Officer and Founder of
American Energy Partners, LP
and
McClendon
Energy
Partners, LP in Oklahoma City.
Previously, McClendon served
as Chairman and Chief
Executive
Officer
of
Chesapeake
Energy
Corporation, Oklahoma City,
since co-founding the company in May 1989 through his
departure in April 2013. From 1982 to 1989, McClendon was an
independent producer of oil and natural gas. McClendon
graduated from Duke University in 1981.
OTHER INDUSTRY UPCOMING
EVENTS:
February 5
TOPIC: “Observations on Current Trends in the Energy Industry”
HAPL Service Committee BBQ Dinner,
Goldberg Towers
February 24
HAPL Board Meeting, Seasons 52
March 19
March 26
HAPL 18th South Texas Social, Goode
Armadillo Palace
April 11
HAPL Service Committee Softball
Game, Brookwood Community
April 16
April 16
NHAPL Half-Day Workshop,
Anadarko
February 6
AAPL WI/NRI Workshop, The
Woodlands, TX
February 10 - 13
NAPE Summit – Houston, George R.
Brown Convention Center
Please note that we will be at the new location for the Petroleum
Club for this luncheon and all future luncheons. The new location
will be on the top floor of the Total Building at 1201 Louisiana
Houston, TX 77002.
March 6-7
AAPL/SPE Workshop, Hilton San
Antonio Hill Country Hotel
April 23
AAPL Ethics 360, Houston Marriot
West Loop
1 RPL/CPL credit will be available.
Register online at http://www.hapl.org/events/494/. Seats fill up
fast so don’t forget to register early!
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2014-2015 HAPL OFFICERS
2014-2015 HAPL DIRECTORS
President – Michael Brennan, CPL
TEX-BRIT Corporation
mbren48137@aol.com
713-223-5263
Director – Melanie Bell, CPL
BP American Production Company
melanie.bell@bp.com
281-336-5905
First VP – Mike Gibson, CPL
Cinco Energy Management Group
mgibson@cincoland.com
713-463-6009
Director – Al Bettis, CPL
Square Mile/Kiwi Energy
abettis@sqmenergy.com
713-266-3687
Second VP – Justin Matthews, CPL
Apache Corporation
justin.matthews@apachecorp.com
281-728-3568
Director - Kelly Dickerman
Apache Corporation
kelly.dickerman@apachecorp.com
713-296-6592
Third VP - Ben Eisterhold, RPL
ConocoPhillips Company
ben.eisterhold@conocophillips.com
832-228-3546
Director – Wade Edington, CPL
Crevalle Energy LLC
wedington@crevalleenergy.com
281-316-9258
Secretary – Allyson Johnston, CPL
EP Energy E&P Company, L.P.
allyson.johnstone@epenergy.com
713-997-6712
Director – Justin Ezell
Apache Corporation
justin.ezell@apachecorp.com
281-302-2531
Treasurer – Eli Huffman
Lone Star Production Company
eli@lonestarproduction.com
713-784-7474
Director – Jeff Hartman, RPL
jeff.k.hartman@conocophillips.com
832-486-3885
Assistant Treasurer – Eric Thomas, CPL
SunCoast Land Services, Inc.
ericT@suncoastland.com
713-876-4877
AAPL Director, Region IV – Grant Johnson, RPL
grant@lonestarproduction.com
713-784-7474
Immediate Past President – Joel Loshak
Trail Ridge Energy Partners
jloshak@trailridgeenergy.com
713-754-6253
Director – Jeffrey Klam, CPL
Memorial Resource Development, LLC
jklam@memorialrd.com
713-898-0368
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2014-2015 HAPL DIRECTORS (Con’t)
2014-2015 HAPL COMMITTEE CHAIRMEN
Director – Mimi McGehee
Gulf Coast Energy Resources, LLC
mimi.mcgehee@gcerllc.com
713-652-6715
AAPL ANNUAL AWARDS – Ben Eisterhold, RPL
832-486-2624
AUDIT – Eli Huffman
713-784-7474
Director – Claire Peterson
Anadarko Petroleum Corporation
claire.peterson@anadarko.com
832-636-1619
AWARDS BANQUET – Kelly Dickerman/Brett Jennings
Apache Corporation/BP America Production Co.
kelly.dickerman@apachecorp.com
brett.jennings@bp.com
713-296-6592/281-504-0826
Director – Stephanie Sullivan, CPL
Independent
ssullivan5001@gmail.com
713-504-9814
EDITORIAL – Ben Eisterhold, RPL
832-486-2624
HAPL OFFICE STAFF
EXECUTIVE NIGHT – Curt Horne, CPL
Percheron LLC
curt.horne@percheronllc.com
832-300-6400
Diane R. Snyder
Executive Administrator/Newsletter
Editor
HAPL
diane@hapl.org or hapl@hapl.org
713-622-6868
GOLF – Justin Ezell
Apache Corporation
justin.ezell@apachecorp.com
281-302-2531
Lindsey Griffith
Executive Assistant/Membership Desk/
Historian - HAPL
lindsey@hapl.org
713-622-6868
GOVERNMENTAL AFFAIRS – Joel Loshak
Trail Ridge Energy Partners, LLC
817-328-6012
INFORMATION TECHNOLOGY – Jaime Losada
TEX-BRIT Corporation
jlosada87@hotmail.com
832-477-6261
Elaine Bordieri
HAPL Bookkeeper
The Bella Group
amazing@airmail.net
713-775-6855
LUNCHEONS – Justin Matthews, CPL
Apache Corporation
justin.matthews@apachecorp.com
281-728-3568
MEMBERSHIP – Jeffrey Klam, CPL
Memorial Resource Development, LLC
jeffrey.klam@yahoo.com
713-898-0368
MENTORING PROGRAM – Eli Huffman
713-784-7474
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2014-2015 HAPL COMMITTEE CHAIRMEN (Con’t)
2014-2015 HAPL COMMITTEE CHAIRMEN (Con’t)
NEXT GENERATION LANDMAN – Matt Bruns
EP Energy E&P Company L.P.
matthew.bruns@epenergy.com
713-997-3205
SKEET SHOOT – Wade Edington, CPL
Crevalle Energy LLC
wedington@crevalleenergy.com
281-316-9258
NOMINATING – Joel Loshak
817-328-6012
SOCIAL (ENERGY ENTREPRENEURS) – Laura Cass, CPL
Independent
laurakcass@gmail.com
713-865-2963
OUTSTANDING LANDMAN – Mike Brennan, CPL
Tex-Brit Corporation
mbren48137@aol.com
713-223-5263
SOCIAL (OFFSHORE) – Bailey Coe
Eni US Operating Co., Inc.
bailey.coe@enipetroleum.com
713-393-6136
OUTSTANDING SENIOR AWARD – Joel Loshak
817-328-6012
SOCIAL (PERMIAN BASIN) – Tyler Woodruff
Alamo Resources
twoodruff@alamoresources.com
832-657-8005
PAST PRESIDENT’S COUNCIL– Randy Browne, CPL
Haynes & Boone, LLC
browner@haynesboone.com
713-547-2227
SOCIAL (ROCKIES) – Mark Metz, CPL
Oasis Petroleum, Inc
mmetz@oasispetroleum.com
281-404-9452
POLICY MANUAL COMMITTEE – Paul Nielsen, CPL
The Kilburn Law Firm
pnielsen48@comcast.net
713-974-1333
SOCIAL (SHALE PLAY) – Allyson Johnstone, CPL
/Jonathan Click, CPL
EP Energy E&P Company, L.P/Tex-Brit Corporation
allyson.johnstone@epenergy.com
jt_click@hotmail.com
713-997-6712/832-725-9910
SALTWATER FISHING TOURNAMENT – Jerry Niekamp
Dunn Exploration Company, LLC
jniekamp@dunnexploration.com
713-533-1217
SOCIAL (SOUTH LOUISIANA) – Eric M. Thomas, CPL
SunCoast Land Services, Inc.
erict@suncoastland.com
713-375-3300
SATURDAY SEMINAR (FALL) – Daniel Negron, RPL
daniel.negron@conocophillips.com
713-447-6868
SOCIAL (SOUTH TEXAS) – Joe Dichiara, RPL/Clint Yaeger
BAYTEX Energy/Murphy E&P Co. - USA
joseph.dichiara@baytexenergy.com
clint_yaeger@murphyoilcorp.com
713-402-1934/281-675-9206
SATURDAY SEMINAR (SPRING) – Rachel Johnson
rachel.c.johnson@conocophillips.com
832-486-3051
TECHNICAL WORKSHOP – Al Bettis, CPL
Square Mile Energy, LLC (Kiwi Energy, Ltd.)
abettis@sqmenergy.com
713-266-3687
SCHOLARSHIP – Stephanie Sullivan, CPL
Independent
713-504-9814
TRIBUTE TO EDUCATION – Stephanie Sullivan, CPL
Independent
713-504-9814
SERVICE – Mimi McGehee
Gulf Coast Energy Resources LLC
mimi.mcgehee@gcerllc.com
713-652-6715
UNIVERSITY LIASION – Luke McCarley
Sabine Oil & Gas
lmccarley@sabineoil.com
832-530-1589
SHALE PLAY SEMINAR – Stephanie Sullivan, CPL
Independent
713-504-9814
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McCormick & Associates LLC
Complete Land Services Anywhere in the United States by Experienced Professionals You Can Trust
HOME OFFICE
PO Box 13690 | Odessa, TX 79768
432-614-2169
432-248-4382 mobile
432-614-2478 fax
866-269-1829 toll free
Oklahoma
PO Box 2317
Stillwater, OK 74074
Montana
PO Box 3626
Lewistown, MT 59457
Arizona
PO Box 7584
Tempe, AZ 85281
mccormickllc@aol.com
www.mccomickllc.com
AAPL
HAPL
DWIGHT SNELL & ASSOCIATES
Dwight Snell, CPL/ESA
P.O. Box 407 • Simonton, Texas 77476
(281) 346-1932 • FAX (281) 346-1972
dwight@yourlandman.com
Professional Land Services
Cost-Effective Time Frames
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HAPL OFFICER FORUM
ASSISTANT TREASURER
ERIC M. THOMAS, CPL
When asked to compose an article for circulation in the next HAPL Newsletter, I spent many days mulling over the
perfect topic. However, every topic I could come up with felt grossly overshadowed by today’s declining Energy Market.
If you are reading this Newsletter than it is likely that you’re feeling the effects of sub $50/barrel crude. Compounding
the issue is a declining Natural Gas commodity which has fallen over 30% since December, due in large part to an
unseasonably temperate winter, amongst other factors. The big question looming overhead, keeping all of us up at
nights – Where is the bottom?
As a second generation field Landman, I now enter my 15th year in this business, working in multiple disciplines across
the country. During this time I’ve experienced highs and lows, as many of you have. Nevertheless, there are many
Landmen and Land Professionals who have entered the Energy Industry during the Shale Play Boom who have not yet
experienced a downturn of this magnitude. Let me qualify that I am in no way, shape, or form a commodities expert. I
have no magical answer, nor will I add to the multitude of predictions of when the market will stabilize. I would
however, like to speak to the immediate challenges facing industry newcomers. There are many sayings we often hear
in slow times such as these: “let it blow over”, “hunker down”, “keep your head down” - but these old adages offer little
relief, focusing on issues which we have no control over. During these times we must focus on things we can change,
taking comfort in our network of family, friends, colleagues and industry associations.
Back in August of 2014 our HAPL President, Michael E. Brennan announced the 2014-2015 theme “STAND UP AND BE
COUNTED”. Now, more than ever is the time to invest in your chosen career, schedule continuing education courses,
achieve the accreditations/certifications you’ve put off, reestablish yourself within your local associations and capitalize
upon the resources provided by the AAPL. The HAPL is stronger than ever, with increased active and associate
memberships, including amass of industry leaders. Now is the time to get out of your comfort zone, put yourself out
there, and get in front of your next opportunity.
I think Seneca said it best, “Luck is what happens when preparation meets opportunity.” Truthfully, I spent the first
seven years of my career with little to no involvement within the AAPL or local chapters. It was then that I experienced
my first major downturn back in 2008. Reminiscent of today’s market, there was little work to be had and much
uncertainty. Those circumstances forced me out of my comfort zone, I had to get out there and make something
happen. Since 2008, I have attended countless continuing education seminars, attained my RPL and CPL endorsement,
volunteered at local industry events and was even fortunate enough to be voted into the executive board of directors of
both the HAPL and WHAPL. The knowledge, networking and opportunities I have ascertained through my local
associations has drastically changed my career path. It is with experience and certainty I say do not wait for an
opportunity to find you, “STAND UP AND BE COUNTED”.
Check out the calendar of events on our newly redesigned website www.HAPL.org., with so many industry events
coming up, it’s easy to get involved. And please don’t forget to visit us at the NAPE Expo in February at booth #1251 to
find out more about how you can get involved with the HAPL!
Eric M. Thomas, CPL
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MARK YOUR
CALENDARS
AAPL WI/NRI WORKSHOP
NAPE SUMMIT
FEBRUARY 12-13TH, 2015
FEBRUARY 6, 2015
Where: Anadarko Conference Center
(Allison Tower)
1201 Lake Robbins Drive
The Woodlands, TX 77380
When: 8:00 AM- 12:00 PM
6 RPL/CPL Credit
Come see HAPL at booth #1251! Bring
some new members and get them signed
up! We can also renew your dues and
update your profile picture!
Register for all events and additional info at
https://aapl.ps.membersuite.com/events/ViewEve
nt.aspx?contextID=7d8785ce-0078-c2f0-7a1b0b391f0162fc
AAPL/SPE WORKSHOP
March 6-7th, 2015
“Enhancing Community Conversations: From
Acquisition through Production”
Hilton San Antonio Hill Country Hotel
9800 Westover Hills Boulevard
San Antonio, TX 78251
You can register for either the 1-day primer
training course, as well as the 2-day institute
via the SPE website and the following is an
overview
of
the
2-day
institute:
http://www.spe.org/events/15jsan/pages/abo
ut/
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HAPL 18TH ANNUAL SOUTH TEXAS SOCIAL
COME JOIN US FOR BBQ, BEER,
FUN & DOOR PRIZES!
On Thursday, March 26, 2015, the Houston Association of Professional Landmen ("HAPL") will be hosting its annual
South Texas Social from 5:00 p.m. to 8:00 p.m. For the ninth year in a row, the Social will be held at "Goode’s Armadillo
Palace" on 5015 Kirby, which has been a terrific venue for the South Texas Social.
We are requesting sponsor commitments in advance in order to reserve the exciting venue! A financial contribution by you
or your company will ensure the success of this very special event. All sponsoring companies will be recognized at the
event with the company name and level of sponsorship prominently displayed. In addition, the sponsor information will
appear in the HAPL newsletter and possibly other publications. The following sponsorship levels are available:
PLATINUM LEVEL $1,000 or above
GOLD LEVEL $500-$999
SILVER LEVEL $250-$499
BRONZE LEVEL $249 or less
2015 HAPL South Texas Social sponsor checks can be made payable to "HAPL" and sent to:
HAPL South Texas Social
c/o Joe Dichiara, RPL
Chairman
Baytex Energy
713-402-1934
1200 Smith St., Ste. 2300
Houston, Texas 77002
Joseph.Dichiara@BAYTEXEnergy.com
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LEGAL UPDATES: OPERATORS MAY USE THE SURFACE ON A TRACT TO PRODUCE OIL AND
GAS FROM ANOTHER TRACT IN THE POOLED UNIT
BY: ELI KIEFABER & ZACHARY OLIVA OF KIEFABER & OLIVA LLP
The Texas Supreme Court in Key Operating & Equipment v. Hegar, No. 13-0156, 2014 Tex. LEXIS 504 (Tex. June
20, 2014) concluded that a lessee in a pooled unit has the right to utilize the entire surface acreage of the
pooled unit regardless of where the well will be drilled or where actual production occurs. The dispute in Key
Operating arose from the use of a road across one tract of land to access the producing well within the pooled
unit on another tract of land. Typically, pursuant to the accommodation doctrine, the mineral lessee has the
right to use the surface of that land to produce and removal minerals from that land. Merriman v. XTO
Energy, Inc., 407 S.W.3d 244, 248-49 (Tex. 2013).
In Key Operating, Key Operating and Equipment, Inc. (“Key”) operated the Richardson No. 1 well on the
Richardson Tract. In 1994, Key also acquired oil and gas leases covering a contiguous tract (the Curbo Tract)
and reworked the Rosenbaum No. 2 on the Curbo tract. Key Operating, 2014 Tex. LEXIS 504, at *1-2. Also, in
1994 Key built a road on the Curbo Tract to access both the Richardson No. 1 and Rosenbaum No. 2 wells. Id.,
at *2. Subsequently, the Rosenbaum No. 2 stopped producing and Key’s lease expired; however, in 2000,
Key’s owners purchased an undivided interest in the mineral estate of the Curbo Tract and leased that interest
to Key, which lease authorized Key to pool the Curbo Tract. Id. Key then pooled the 10 acres of the Curbo
Tract with 30 adjoining acres of the Richardson Tract. Id.
In 2002, Will and Loree Hegar bought 85 acres of the Curbo Tract, which acreage included the road Key used
to access the Richardson No. 1 well. The Hegars did not dispute Key’s use of the road until Key drilled the
Richardson No. 4 well, which greatly increased the traffic on the road across the Curbo Tract. Id. The Hegars
filed suit and argued that Key’s use of the road constituted a trespass and that Key could not use the road
across the Curbo Tract to produce minerals from another tract. Id. at *3. The trial court and appellate court
concluded that “Key had no right to use the Hegars’ surface to produce minerals exclusively from the
Richardson Tract [and that] Key’s lease and pooling agreements, which were not part of the Hegar’s chain of
title, could not contractually expand Key’s right to use the Hegar’s surface.” Id. at *4.
The Texas Supreme Court reversed and concluded that Key did have the right to use the road across the Curbo
Tract to produce minerals from the Richardson Tract. First, the Court addressed the fact that the lease
covering the Curbo Tract was pooled with the lease covering the Richardson Tract. The Court explained that
“[t]he primary legal consequence of pooling is that ‘production and operations anywhere on the pooled unit
are treated as if they have taken place on each tract within the unit.’” Key Operating, 2014 Tex. LEXIS 504, at
*8 (quoting Se. Pipe Line Co. v. Tichacek, 997 S.W.2d 166, 170 (Tex. 1999)). Thus, because “[b]ecause
production from the pooled part of the Richardson Tract was legally also production from the pooled part of
the Hegar Tract, Key had the right to use the road to access the pooled part of the Richardson [T]ract.” Id. at
*10.
(Continued on page 11)
10
Next, the Court explained that because Key’s owners owned a portion of the mineral estate under the Hegar
Tract, they “had the right to use the surface of the tract to develop and remove minerals from it, including the
right of ingress and egress to do so.” Id. at *14. The Court explained that the right of ingress and egress was
not limited for the purpose of producing minerals from the leased tract, but included the right of ingress and
egress to access any pooled acreage and produce minerals from the pooled acreage. Id. at *14-15.
“Accordingly, Key’s owners did not increase the burdens on the surface estate by leasing their mineral interest
to Key, nor did Key increase the burdens by pooling the Richardson and [Curbo] tract minerals.” Id. at *15.
Additionally, as Key’s owners had owned mineral rights in the Curbo Tract, they had implied property rights to
use the surface; thus, it was not necessary for the Court to determine whether the lease covering the Curbo
Tract was required to be in the Hegar’s chain of title in order to bind them. Id. at *9.
The Texas Supreme Court’s decision in Key Operating is significant because it allows a lessee to pool acreage
and utilize the surface of any tract within the pooled unit regardless of whether there is production of
minerals from that tract.
Eli Kiefaber is a partner with Kiefaber & Oliva LLP. Eli focuses his practice on oil and gas
matters, including acquisition and divestiture of oil and gas assets, title opinions, joint
operating agreements, federal leases, pooling and unitization issues. Eli is licensed to
practice law in Texas, Oklahoma, Colorado and Ohio and is a regular speaker on issues
relating to the development of unconventional shale plays and has given a variety of
presentations regarding legal issues relating to oil and gas development. Eli earned his B.A
from Kenyon College and his J.D., with honors, from Marquette University Law School.
Zachary Oliva is a partner with Kiefaber & Oliva LLP. Zack focuses his practice on energy
and corporate law. He regularly assists clients in the drafting of oil and gas title opinions,
purchase and sale agreements and contract interpretation. Additionally, he assists clients
with the negotiation, drafting and review of business formations, contracts and service
agreements. Zack earned his B.A. from The Ohio State University and his J.D. from Capital
University Law School. He is licensed to practice in New Mexico, Ohio and Texas.
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HAPL SERVICE COMMITTEE – SAVE THE DATES
Thursday, February 19 – Goldberg Tower BBQ and Bingo Night – 5:30 to 8:00 pm -10909 Fondren
Once a year the Service Committee of HAPL goes to the Goldberg B’nai B’rith Towers and caterer’s a BBQ
dinner to about 125 residents of the lower income Senior Citizens Housing complex. HAPL is the only
organization all year that provides a free hot meal to this community. During dinner, we need volunteers to
serve the BBQ and others to help less mobile residents get their plate and beverage to the table. After dinner
we play bingo for Wal-Mart gift cards as the prizes. The residences of Goldberg are always so very appreciative
of the dinner and time we spend with them; any HAPL member who participates walks away feeling like they
really did make a positive difference in someone else’s life that day.
Saturday, April 11 – Brookwood Community – Softball Game – 9:30am – 12pm – Brookshire, Texas
Come and join in the fun of playing softball in this beautiful setting amongst the blooming wild flowers. This
will be the eleventh year HAPL has been at Brookwood. Brookwood is a private facility for mentally challenged
adults. Brookwood is in the process of building an even better softball field and HAPL funds will have paid for a
greatly needed back stop. We should be able to see the progress this year and hopefully play on the new
improved field. After the game, James Coney Island is there to serve the All-American baseball lunch; hot dogs
and soft drinks. The Brookwood residents all look forward to this annual event once it is announced. This is a
great family volunteering opportunity.
Both these events have helped HAPL win AAPL awards for service to our community. Seriously consider
keeping this recognition going by giving back just a little of your time. If you are interested in being at either
event, please contact the Chair of the Service Committee, Mimi McGehee at hapl@hapl.org.
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HAPL SERVICE COMMITTEE – JINGLE BELL EXPRESS TOY DRIVE
Thanks to everyone who donated Target Gift Cards to the Christian Community Center’s Jingle Bell Express toy
drive. Here are just a few of the happy faces of those who received a wonderful Christmas present because of your
generosity.
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HAPL SCHOLARSHIPS
DEADLINE: ON OR BEFORE APRIL 1ST
Scholarships of $1,000 each will be awarded to the children of our HAPL membership who will be graduating
this year from high school. The criteria for applying can be located at www.hapl.org.
The HAPL will also be awarding one or more PLM/Energy Commerce College students at least a $1,000
scholarship to be applied to the college of his/her choice.
Fully completed scholarship applications, transcripts (if required) and letters of recommendation are due at
the HAPL offices located at 800 Bering Dr., Ste. 120, Houston, TX 77057 on or before April 1st. Late
applications will not be considered.
Scholarship recipients will be contacted prior to the “Tribute to Education” luncheon which will be held at the
Petroleum Club, Downtown Houston, on May 21st, 2015. All student recipients are encouraged to attend along
with their parents as our guest.
The HAPL Student Scholarship criteria and application can be located by visiting our website at
http://www.hapl.org/scholarships/. For any questions please contact the Scholarship/Tribute to Education
Chairman - Stephanie Sullivan at ssullivan5001@gmail.com or 713-504-9814 or the HAPL office at
hapl@hapl.org.
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HAPL 1ST ANNUAL SPRING SWING MEMBERSHIP DRIVE
HAPL Spring Swing Top Golf Membership Drive
Thursday, April 16, 2015
Top Golf West (Katy Freeway service road)
William F. O’Neal, Castex Energy, Inc., Chairman
ENTRY FEE:
$65.00 Per player
(Entry fee includes 2 Hours of Golf, Food, and Soft Drinks)
PAYMENT METHOD:
Payments can be made on the HAPL website through the donations link. If a check is necessary please
include with the team registry form included below.
REGISTRATION:
DEADLINE IS March 16, 2015. Registration is on a first come, first serve basis and you are not considered
registered until the entry fee is received. The tournament is open to all members of the Land Work
Industry. Each bay consists of 3 people per side. If you desire to play on a set Team it must consist of
either 3 OR 6 people exactly. All other entries will be arranged in a potluck format. A Team
Representative must be designated and must have his/her contact information below.
TOURNAMENT DAY:
Check-in will begin for all golfers at 6:00 p.m. on Thursday, April 16, 2015 at the Top Golf West Side. We
will be stationed on the third floor and will also have access to the lounge. Rush hour traffic is always bad,
so please plan accordingly.
FORMAT:
3/6-man teams. Select/register your team or let the Golf Committee place you on a team.
QUESTIONS/PROBLEMS: Please contact Will O’Neal (281) 447-860, or the HAPL Office – Diane Snyder (713) 622-6868.
X-----------------------------------------------------------------------------X----------------------------------------------------------------------------X
Please detach and mail with your check to:
CASTEX ENERGY, Inc.
MAKE CHECKS PAYABLE TO:
Attention: William O’Neal
“HAPL”
333 Clay Street, Suite 2000
Houston, TX 77002
woneal@castexenergy.com
PLEASE PRINT OR TYPE
Team Member
Company
Circle One: Team Registry/Single
Cost/player
Team Representative/Single
Team Member
Team Member
Team Member
Team Member
$65
$65
$65
$65
$65
$65
Team Member
* Team Representative (must have contact information or you will not be notified of your flight or reschedules)
Work phone:__ _____________ Fax #:_________________________ Email:__ _______________________________________
Lounge Only @ $25/Non-Golfer:___________
TOTAL AMOUNT ENCLOSED: _______________
17
Check #____________
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AAPL DISTRICT IV DIRECTOR REPORT
T. GRANT JOHNSON
AAPL DIRECTORS REPORT REGION IV
The second quarterly AAPL Board Meeting was held on December 7, 2014 at the Intercontinental Stephen F. Austin
Hotel in Austin, Texas. AAPL President Roger Soape (HAPL President-1991) called the meeting to order to discuss range
of topics presented by AAPL Staff, Executive Committee Members, Committee Chairman and Regional Directors. The
following is a salient list of subjects that were brought for consideration, discussion and approval during the meeting:
Staff Report
Marty Schardt reported that we had several interested parties looking at the old AAPL headquarters and adjacent AAPL
owned 3.8 acres. The hopes are to get one of these parties to purchase both the building and the property in one
transaction. If necessary we will separate the sales if we can sell at the same time so as to not end up with one asset
remaining potentially making it hard to sell the remainder.
AAPL’s staff started their move to the new building December 1, 2014. The building was initially misaddressed for some
strange reason. The city of Fort Worth insisted on a change of the address. The new address is 800 Fournier, Fort
Worth, Texas 76102. A utility outage during the first week required much of the staff to work from their respective
homes which allowed the movers full access to the facility. Most of the renovations were done ahead of time.
Unfortunately, the air conditioners were old and in need of replacing but it was hoped that we could squeak a few more
years out of old units. However, they started failing during the move in. Given the immediate need for new ac units, the
additional need for conference room renovations and some technology upgrades; Marty asked for a budget of $200k.
The motion was made, voted upon and passed. At the old building, the computers, furniture, etc. were owned by the
AAPL Educational Foundation. The values of these items were roughly estimated to be $112k. For accounting reasons,
AAPL needs to purchase these items from the Educational Foundation so it can transfer them to the new building. A
motion was made, voted upon and passed approving the purchase of these items at a specific value to be further
determined but not to exceed $200k. Southwestern Energy is moving their offices in Houston. They have very
generously offered to donate some of their current furniture to AAPL to help furnish the new offices. This is a huge gift
and is much appreciated by AAPL.
Marty reported that the new association software, Personfify is going live January 7, 2015. This is anticipated to be a big
improvement over how AAPL manages its membership info. Additionally, Marty reported that both the NAPE Audit and
AAPL Audit were completed during the quarter. Both audits showed no major deficiencies and our assets continued to
grow over the last year.
Financials
As of September 30, 2014 total assets for the AAPL have increased from $31,948,114 in 3Q 2013 to $34,061,993, a
change of 6.62% or $2,113,819. Revenues (exclusive of investment revenues) for the same period have increased by 9%
to $1,337,192 and expenses have increased by 21.6% to $1,630,273. This increase in expenses was due in large measure
to increased staff to accommodate growth of both AAPL and NAPE, and hiring temporary workers to manage the ethics
requirements associated with the current year’s dues renewal. AAPL Treasurer, William Justice also reported that
Investments are $27,369,952, a decrease of $3,392,936 or (11%) as compared to the same period last year. The
decrease was the result of realized and unrealized gains, dividends, and contribution of $4,000,000 stock from AAPL to
the Landman Scholarship Trust. The total assets in the AAPL Education Foundation Inc. currently amount to $3,980,238.
Additionally, the total assets in the AAPL Landman Scholarship Trust currently amount to $6,322,677 including the
recent transfers.
20
NAPE
NAPE Houston (Summer) held August 20-22, 2014 was another success. Marty reported that revenues were $2,950,000
and expenses were $1,500,000 leaving a net profit of $1,500,000 for AAPL and its partners. After management fee,
AAPL made $922,000 from the NAPE Houston event. On October 21, 2014 NAPE had its Launch Party whereby the new
branding was displayed. The NAPE marketing team and the marketing firm of Weber Shandwick combined efforts are
doing a wonderful job putting a new face on NAPE. They are using all forms of social media to get the word out about
the largest prospect expo in the world. The new NAPE theme is “Where Deals Happen”. NAPE Rockies is scheduled for
December 10-12, 2014 in Denver, CO and is expected to have good attendance this year. DAPL hosts their Rockies
Rendezvous on the opening evening. It is one of DAPL’s biggest events of the year and well attended by NAPE
registrants. NAPE will be changing its format for the regional shows, NAPE Houston (Summer), NAPE Denver and NAPE
Pittsburgh. The new format will host the Business Conference on Wednesday morning and Business Conference
Luncheon. The exhibit floor will open at 1 PM on Wednesday and close at 5:30 on Thursday. There will no longer be a
Friday half day. This will cut costs, allow for less travel on Fridays and avoid the appearance of a slow day as typically
seen on regional NAPE Fridays. This new format will not apply to the NAPE Summit (Winter). NAPE Summit 2015 is
scheduled for February 11-13. Former First Lady Laura Bush is scheduled as the keynote speaker for the NAPE Charities
Luncheon. NAPE has secured Former Alaska Governor, Sara Palin to speak at the Decision Makers Breakfast on Feb
12th.
President and Executive Committee Report
Roger told of how the Field Landmen Institutes are very well attended and one of the great ways AAPL is working with
the Field Landmen. He told of a task force that is looking at ways to heighten the organizational structure of AAPL rather
than flatten. By doing so it will help the AAPL staff be more effective and efficient. A new employee handbook is being
developed to help staff members know appropriate communication channels for human resource issues.
AAPL Business Items
• The Landman Scholarship Trust has over $6mm in assets and granted $250k in scholarships.
• New Accreditation Committee to work with accredited schools and new school requests.
• A motion was made to start new committee to look into online schools to see if any would meet the
accreditation standards. The motion was voted upon and passed.
• Certification Committee Chair Russell Shinevar reported on the certification process. He went over the history
and the fact that the rules have been amended 15 times since being enacted in 1979. In 1999 the requirement
of “negotiation” experience was added. Russell pointed out the definition of a Landman in AAPL Bylaws differs
from that in the Certification rules and definitions. The committee proposes changing the definition in the
Certification rules to match that of the Bylaws. He reminded the board that both definitions specifically exclude
DO Analyst and Land Techs. The items discussed were to amend the certification of Landwork to include the
determination of ownership in mineral through research of public and private records. His proposal to be clear
that abstractors, photo-shooters, deed copies, etc. who exclusively perform these tasks will not qualify for
certification. In addition, the committee would like to see the reduction in that the amount of education credit
years and the increase in actual experience years. Specifically for RPL, the committee asked the board to
consider an increase to 6 credit years required with a minimum of 3 years actual experience. For CPLs, increase
to 12 credit years, capping educational credit years at 4 (instead of 5) and a minimum of 8 years of actual
experience. A motion was made and discussion was had but no vote was taken. The committee is going to draft
language for consideration and send to directors prior to the next board meeting. If you are interested in this
topic please send me an email and I will get you a copy of the preliminary PowerPoint that was handed out at
the board meeting.
Strategic Planning Committee
Marc Strahn reported his new committee has identified 9 committees where long term planning would be helpful to the
organization. Plans will be requested from these 9 committees for a 1, 3 and 5 year basis.
21
Publication Committee
The committee is soliciting potential articles for publication from various sources. If you have any ideas please contact
this committee.
Tax Issues Committee
David Nolen reported that his committee is creating an Independent Contractor Toolkit which members will soon be
accessed through a link on the AAPL website.
Legislative/Regulatory Committee
Mike Flores reported that AAPL will be before the new Texas Legislature to further clarify that Landmen are independent
contractors. We will being seeing something on this early next year. AAPL’s Holly Carless has done an outstanding job
with AAPL’s new Legislative & Regulatory Affairs Report dated December 6, 2014. This very informative report will soon
be available to AAPL members via the website.
Awards Committee
This committee is considering a “Company of the Year” award for companies that go above and beyond in their support
for AAPL.
Technology Committee
Glen Mauldin, Committee Chair, reported on the Personify software update. After going live on January 7, 2015, the
committee will begin to get serious about looking at alternative ways to bring in-house our AAPL forms distribution and
management.
Membership
Current AAPL Membership as of November 1, 2014 stands at 18,562 total members. With the new multiyear renewals
we have 1391 three (3) year renewals and 495 five (5) renewals. The committee is working to gain various discounts for
hotels, restaurants, etc. for AAPL members.
Forms Committee-JOA Task Force
The 1989 Form with Hz modifications is available thru Forms-On-A-Disk. The committee has completed its modifications
to the 1982 JOA. It is now working on the all-new 2015 JOA Form 610. This form is now in the first level peer review
phase. It is anticipated that this form will be completed in 2015. They hope to have the form ready for a confirmation
vote at the Annual Meeting in June 2015. The chairman of this committee, Fred MacDonald reminded everyone that
these forms are to be used as “templates” since they are designed for distribution on a national level.
Marketing Committee
The online AAPL Store is up and running. Please visit this site for your AAPL and Member Mark gear. AAPL won the
International Association of Business Communicators (IABC) Silver Quill Award of Excellence for our “Meet Us”
campaign. The award was presented to Le’Ann Callihan and Megan Ledford at the IABC Southern Region Silver Quill
Awards Luncheon in Austin on October 16th.
Annual Meeting
Arine Schulberg’s committee is working hard on the annual meeting slated for June 16-20 in Nashville. Registration
should go live Monday, January 19th.
The next AAPL Board Meeting is scheduled for March 14-15, 2015 in Charleston, SC. It is the duty of your AAPL Director
to represent the views and positions of the HAPL. If you have any AAPL issues or concerns that you wish to discuss in
greater detail, please feel free to contact me or any HAPL Board Member.
Respectfully submitted by:
T. Grant Johnson – AAPL Director Region IV – Houston
Lone Star Production Company – 713-784-7474 – grant@lonestarproduction.com
22
23
NEWS FROM
THE HILL
HB 736 by Rep. Phil King
Currently, the Texas Labor Code defines what constitutes a landman, acting as an independent
contractor, for purposes of determining unemployment benefits. To be classified as an independent
contractor, the landman must be an individual who is 1) engaged in landman services; 2) is paid for
the performance based on completion of specific contracted for tasks and not based on hours
worked; and 3) paid pursuant to a written contract.
It is the provision in item #2 listed above relating to the “completion” of the tasks that has generated
some ambiguity in the interpretation of the landman independence standing and has resulted in at
least two Texas Workforce Commission cases challenging the independent contractor status of
landmen in specific instances.
HB 736 clarifies that the work performed under a written contract does not constitute “employment” if
the individual 1) is working as an independent contractor; and 2) the employer does not determine the
means and methods of the work being performed; and 3) the landman’s compensation of the
contracted services is directly related to the performance of the services.
HB 736 also, for consistency purposes, amends the definitional provisions in the Tax Code. The
amendments made in this bill are a clarification of existing law.
Kind Regards,
Holly Carless
AAPL Governmental Affairs Liaison
hcarless@landman.org
24
HAPL 20TH ANNUAL SALTWATER FISHING TOURNAMENT
Date:
Saturday, June 6, 2015
Time:
5:00 A.M. - 2:00 P.M. - No Check-In Required
Cost:
$75.00 per person for H.A.P.L. Members; $125.00 for Non- H.A.P.L. Members; $75.00 per person
if 18 years and younger (HAPL Member or not) - Lunch included with your Entry Fee (starting at 1:00 p.m.)
Prizes:
Cash Prizes for Trout, Slot Redfish, Tagged Bull Redfish and Big Fish; plus Door Prizes
Questions: Call Jerry Niekamp at 713-252-1457 or Ed Gorden at
713-819-5215
Place: West End Marina in the Sea Isle Subdivision, Galveston, Texas.
Entry Deadline: ENTRIES MUST BE RECEIVED BY MAY 19, 2015. LATE ENTRIES WILL NOT
BE ACCEPTED THIS YEAR.
Rules and Regulations:
1. All local, state and federal, coast guard and Texas Parks and Wildlife Department regulations and laws
apply at all times during the tournament.
2. Professional fishing guide(s), commercial and professional fishermen and anyone who has guided for
compensation during the last twelve (12) months are not eligible to compete in the tournament. You may
hire a guide, but the guide’s catch is not allowed and there is no swapping or trading of fish between
contestants and/or guide.
3. The tournament format shall be as follows:
a. Only speckled trout and redfish and “Big Fish” (defined below) will be accepted for weigh-in. The format
includes a “Trout Category” (only 3 legal speckled trout per entrant), a “Bull Redfish” Category, (which is
one bull red which must be ‘tagged’), “Slot Redfish” Category (maximum of 2 legal slot redfish between
20” - 28”), and a “Big Fish” Category, which can be any legal fish, except speckled trout or redfish.
b. Tournament fishing hours are from 5:00 a.m. (no check-in required) to 2 p.m. Saturday, June 6, 2015. Legal
Fish may be weighed-in on Saturday until 2:00 p.m. No weigh-ins will be accepted after 2:00 p.m. (unless
you are in the weigh-in line at 2 p.m.). Each contestant may weigh-in a total of 3 Speckled Trout, 2 Slot
Redfish, 1 Bull Redfish (tag must be properly attached) and 1 "Big Fish" caught during the
tournament. In the event of a tie, the earliest weighed-in wins, so make sure you have the weighmaster
indicate weigh-in time. Guides may be hired but the guide’s catch is not allowed. There is no trading or
swapping of fish by any Entrant. Fish cannot be culled once they are weighed in. The tournament is based
on an individual’s catch, not on a team. Weigh-in is at the Sea Isle Bait Camp at the Marina in Sea Isle. The
cash purse shall be split equally between the four categories, (being the Trout category, the Slot Redfish
category, the Bull Redfish category and Big Fish category), and will be divided as follows for each
category:
TROUT
1st - 50%
2nd - 30%
3rd - 20%
4.
SLOT REDFISH
1st - 50%
2nd - 30%
3rd - 20%
BULL REDFISH
1st - 50%
2nd - 30%
3rd - 20%
BIG FISH
1st - 50%
2nd - 30%
3rd - 20%
Contestants must fill out, sign and return the RELEASE AND INDEMNITY AGREEMENT
furnished with these rules in order to be eligible to participate in the tournament and such agreement
shall be considered the Tournament Entry Form.
25
5. ENTRIES MUST BE RECEIVED BY MAY 19, 2015.
LATE ENTRIES WILL NOT BE
ACCEPTED THIS YEAR!!!
6. The official weigh-in station is at Sea Isle Bait Camp at the West End Marina in the Sea Isle Subdivision.
Tournament Officials (Ed and Jerry) have the final say as to compliance/weigh-ins/winners. Failure to
follow the rules results in disqualification. In the event a Category is not “fully placed” (i.e.-for instance
only 2 places are weighed in for that Category), the monies as to that Category will be split equally between
the existing winners in that Category.
7. All contestants assume any and all risks to their safety throughout the tournament. NO REFUNDS FOR
ANY REASON!!! This Tournament benefits the HAPL to help support the HAPL. Should a hurricane
occur, the tournament date will be moved.
Fill out the entry form below and mail it along with a check payable to the HAPL. Mail to
Jerry Niekamp at 1223 Augusta #31
Houston, TX 77057.
ENTRY FORM AND RELEASE AND INDEMNITY AGREEMENT FOR THE HAPL TRUCHA DEL
MAR INVITATIONAL SALTWATER TOURNAMENT
The undersigned hereby releases, holds harmless and forever discharges the HAPL Invitational
Saltwater Fishing Tournament (“Tournament”), its officials, hosts or any other person, association, firm
or corporation associated therewith in any way or manner from any and all damages, claims, causes of
action or injuries, including but not limited to death and/or dismemberment, of whatever kind or
character arising from, associated with or caused by participation in the Tournament, regardless of
actions of gross negligence, joint negligence or concurrent negligence by any person or entity associated
with the Tournament. Entrant stipulates, acknowledges and agrees that no legal action or suit may be
brought against the Tournament or any party associated therewith for any reason.
Dated this _____ day of ______________________, 2015.
NAME (PRINT): ________________________________________________
ADDRESS: _____________________________________________________
E-MAIL:_______________________________________________________
PHONE: __________________ FAX: _________________________
SIGNATURE: ___________________________________________________
WE NEED SPONSORS!!! IF YOU CAN SPONSOR THIS EVENT, PLEASE SEND A CHECK
PAYABLE TO THE H.A.P.L. TO J. NIEKAMP AT 1223 AUGUSTA, #31, HOUSTON, TEXAS 77057
26
2014 SALTWATER FISHING TOURNAMENT GRAND PRIZE
DOVE, TEAL AND ALLIGATOR HUNT RESULTS
Energy Land Resources, Inc. (Mr. Mickey Phelan, President) donated the Grand Door Prize for the 2014 HAPL
Saltwater Fishing Tournament, being a Dove, Teal and Alligator Hunt held on September 19 and 20th, 2014.
Steve Lewis with Rosetta Resources was the lucky winner and he brought his friend, Austin Danford with Oxy.
We hunted the marsh between Winnie and High Island. While the Teal were not very cooperative, the Dove
Hunting was fun and of course Steve bagged his first alligator. Congratulations Steve!
Below is Steve Lewis with his Alligator.
Hopefully, Energy Land Resources, Inc. will again be so kind as to donate another fine trip as they have done in
the past two years.
Please take a look at the 2015 Entry Form on the previous page for the HAPL Saltwater Fishing Tournament.
This will be our 20th year for this Tournament and we expect it to be one of our best so far!
Thanks to all our Sponsors and we hope folks enjoy this year’s event as they have in the past.
Thanks,
Jerry D. Niekamp
Tournament Chairman
27
28
HAPL WELCOMES NEW MEMBERS
Vadal Bolds - Associate
Chevron U.S.A., Inc.
1400 Smith St.
Houston, TX 77002
713-372-3488
vadal.bolds@chevron.com
Wes Homeyer - Active
Holland Services
1776 Yorktown, Ste. 301
Houston, TX 77056
713-255-5170
whomeyer15@gmail.com
Derek Shannon - Active
EP Energy E&P Company, L.P.
1001 Louisiana
Houston, TX 77002
713-997-3644
derek.shannon@epenergy.com
Casey Burkett - Active
Principle Energy
11000 Richmond Ave., Ste. 100
Houston, TX 77042
281-727-8477
b_b_landservices@yahoo.com
Christopher Hultman - Active
Harold J. Anderson, Inc.
2200 Pakenham Dr.
Chalmette, LA 70043
504-276-5858
chris_hultman@att.net
Charles Tracy - Active
Transpetroleum, Inc.
351 CR 2094
Nacogdoches, TX 75965
936-205-4658
cgtracy2580@gmail.com
Isidro Cantu - Associate
Independent
9668 Westhiemer Rd., Ste. 200
Houston, TX 77063
713-202-4238
idcantulawyer@aol.com
Kimilia Jones - Active
Chevron U.S.A., Inc.
1400 Smith St.
Houston, TX 77002
713-372-1294
kjones@chevron.com
John Wind - Active
Percheron Energy
805 Ave. A.
Wharton, TX 77488
979-533-9621
john.wind@percheronllc.com
Debbie Cosper - Active
Diamond Road Energy, LLC
5003 Beech Fern Dr.
Richmond, TX 77407
337-349-0224
debcosper@gmail.com
Damian Katz - Active
Carrizo Oil & Gas
500 Dallas St., Ste. 2300
Houston, TX 77002
713-457-7065
damian.katz@crzo.net
Jason Lewis - Associate
Onshore Leasing Corp.
TH
1412 17 St., Ste. 457
Bakersfield, CA 93301
805-358-4371
jlewisonshore@gmail.com
Ryan D. Fitzpatrick - Active
Stonegate Production Company
952 Echo Lane, Ste. 400
Houston, TX 77024
713-600-8420
rfitzpatrick@stone-gate.net
Melissa Kidwell - Associate
JGC Energy Development
10370 Richmond Ave.
Houston, TX 77042
832-255-2248
Kidwell.melissa@jgcenergy.com
Levi Greenly - Associate
Carrizo Oil & Gas
Houston, TX 77002
713-457-7100
levi.greenly@crzo.net
Andrew Landgraf - Associate
Oasis Petroleum
1001 Fannin, Ste. 1500
Houston, TX 77002
713-770-6435
alandgraf@oasispetroleum.com
William Grundy - Active
Carrizo Oil & Gas
Houston, TX 77002
713-457-7017
wdgrundy@gmail.com
Kelechi Nwabuisi - Associate
Occidental Oil & Gas
5 Greenway Plaza
Houston, TX 77007
713-215-7007
austinetx@gmail.com
29
30
31
Lindsey Griffith
Membership Desk/
Assistant Newsletter Editor
Diane R. Snyder
Executive Administrator/
Newsletter Editor
HAPL
800 Bering, Suite 120
Houston, Texas 77057
713-622-6868
FAX: 713-622-3723
Email: hapl@hapl.org
www.hapl.org
Find us on LinkedIn &
Facebook
32

Houston Association of Professional Landmen

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