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Minerals, Surface Rights and Royalty Payments - Texas A&M ...

Judon Fambrough Senior Lecturer and Attorney at LawMinerals, Surface Rights and Royalty PaymentsTexas A&M UniversityRevised November 2009 2009, Real Estate Center. All Rights ..1 Surface Rights and Mineral Rights ..1 Mineral Agreements Grant Ownership Rights ..1 Exceptions to the Rule on Surface Use ..1 Court Cases Resolve Conflicts ..2 Minerals: Not All Substances in Ground ..2 Other Surface Protection Measures ..3 Negotiating Terms of Mineral Exploration ..3 Exploration Techniques ..3 Permission for Exploration ..4 Liability for Geophysical Trespass ..4 Geophysical Explorations Under Lease ..4 Lease Considerations ..4 Taxation of Payments ..5 Division Orders and Royalty Checks ..5 Division Orders.

• Completely draining underground aquifers serving as the sole source of the surface owner’s domestic and agricul-tural water supply • Causing subsidence because of drilling or extraction meth-ods stemming from known commercial processes The Texas Supreme Court has ruled, however, that subsid-

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