Louisiana Law Review Volume 65 | Number 2 Winter 2005 Production in "Paying Quantities" - A Fresh Look Patrick S. Ottinger Repository Citation Patrick S. Ottinger, Production in "Paying Quantities" - A Fresh Look, 65 La. L. Rev. (2005) Available at: https://digitalcommons.law.lsu.edu/lalrev/vol65/iss2/4 This Article is brought to you for free and open access by the Law Reviews and Journals at LSU Law Digital Commons. It has been accepted for inclusion in Louisiana Law Review by an authorized editor of LSU Law Digital Commons. For more information, please contact
[email protected]. Production in "Paying Quantities"-A Fresh Look PatrickS. Ottinger* I. INTRODUCTION A. Preface It is the purpose of this paper to review in some detail the requirement under Louisiana law that, in connection with the maintenance of mineral leases by production under the usual habendum clause, such production must be in "paying quantities."' Although this doctrine has not been presented at this institute for about forty years, it has been examined in several fine papers to which the reader is referred.2 While this paper attempts to capture all significant Louisiana decisions on this topic, reference will also be made to certain decisions in other oil producing states, particularly Oklahoma and Texas. As noted in the Comment to Article 124 of the Mineral Code,3 Louisiana's current law on this subject is fashioned in large part on the4 pronouncements of the Texas Supreme Court in Clifton v. Koontz. The notion that production must be of a certain quantity in order to maintain a mineral lease is as old as the industry itself.