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About the Journal ABOUT THE JOURNAL The Texas Journal of Oil, Gas, and Energy Law is published twice a year by students at the University of Texas School of Law. 727 East Dean Keeton Street, Austin, Texas 78705. Telephone: (512) 232-1149. [email protected]. Fax: (512) 471-6988. Cite as: Tex. J. Oil Gas & Energy L. (ISSN:1559-2189) SUBMISSIONS The Journal considers articles for publication from judges, academics, and practitioners related to subject matter in the field of oil, gas, and energy law. Particularly, the Journal seeks articles at the intersection of energy and business law. Articles by policy makers and aspiring policy makers are highly encouraged. Manuscripts should be sent in electronic format to [email protected]. The Journal welcomes the submission of unsolicited manuscripts. All article submissions should be written in a style suitable for a law journal. Short, informal articles regarding recent developments are considered for the Recent Developments Section. Text and footnotes conform to A Uniform System of Citation (18th ed. 2005), The Chicago Manual of Style (15th ed.), and where appropriate, Texas Rules of Form (10th ed.). SUBSCRIPTIONS Subscriptions are accepted on a one-volume basis (two issues). Price: $30 domestic, $40 international. To order please visit: www.utexas.edu/law/publications It is now possible to pay online at the same location. FRIENDS OF THE JOURNAL For individuals wanting to take full advantage of the services offered by the Journal, a Friend of the Journal subscription is available. In addition to receiving a volume of the Journal (2 issues), it includes registration for the Spring Symposium (5-8.75 CLE credits are expected), and an invitation to the Awards Banquet, where the Ernest E. Smith Award is presented. To become a Friend of the Journal, please send a check in the amount of $200 made payable to TJOGEL at the following address: Texas Journal of Oil, Gas, and Energy Law 727 East Dean Keeton Street Austin, Texas 78705 Your support is greatly appreicated, and 100% of the funds go toward covering the costs of producing the Journal, and hosting both the Spring Symposium and Awards Banquet. Texas Journal of Oil, Gas, and Energy Law Volume 1 2006 Number 1 Nicholas A. Franklin Editor-in-Chief Cynthia R. Redwine Managing Editor Victoria VanBuren Patricia A. Peterson Betty H. Chen Recent Developments Executive Chief Articles Editor Editor Editor Brandon F. Seale Robert R. Norris Amy M. Maxwell Symposium Director Director of Development Director of Development Shawn W. Cloonan Jon C. Arnett Marketing Olivia A. Maceo Patrick L. Ivy Editor Assistant Managing Scott A. Meyerott Editor Blake D. Royal Audrey N. Hare David A. Shipley Assistant Recent Spencer L. Kerr Associate Editors Developments Editor Social Director Joshua L. Johnson Treasurer Matthew C. Blackstock Marie Hernandez Aurora A. Martinez Marc A. Bozeman Ashley M. Jernigan Katheryne R. Mardock Michael R. Crnich Rachel E. Interrante Albert P. Mayer Randy Cubriel Gregory C. Jantz Melonie A. Montford Zeke DeRose Kody D. Kleber Charles L. Ofner Jennifer N. Dill Matthew E. Last Brian C. Phelps John R. Dougmany David M. Lange Chris B. Sayers Danielle A. Fink Alan A. Lanis Benjamin Shlomo Rick R. Flores Julio A. De La Llata Russell W. Smith Ashley P. Frankson Sophia A. Lecky Kristen M. Summers Michael V. Galante Joshua R. Leske Stephen C. Szalkowski Craig Gleaton Chloe M. Love Kristi D. Towler Brian A. Hill Michelle T. Martin Nicholas F. Tsai Thomas M. Herbert Katie M. Webb University of Texas School of Law BOARD OF ADVISORS JO ANN BIGGS TEXAS RAILROAD COMMISSIONER VICTOR G. CARRILLO PROFESSOR JOHN S. DZIENKOWSKI CULLEN M. GODFREY W. JAMES MCANELLY PROFESSOR DAVID SPENCE PROFESSOR ERNEST E. SMITH DONORS GOLD AKIN GUMP, LLP BAKER BOTTS, LLP BRACEWELL & GIULIANI, LLP CHEVRON EXXON MOBIL HUNTON WILLIAMS, LLP SCOTT, DOUGLASS & MCCONNICO, LLP VINSON & ELKINS, LLP SILVER ASSOCIATION OF INTERNAIONAL PETROLEUM NEGOTIATORS (A.I.P.N) HUGHES & LUCE, LLP LOCKE LIDDELL & SAPP, LLP BRONZE ANDREWS KURTH, LLP BRIGHAM EXPLORATION COMPANY COOPER OIL & GAS, INC. FALCON RESOURCES, INC. THE LAW OFFICES OF JAMES N. BOSTIC MAXIMA ENERGY CORP. WAGNER & BROWN, LTD. ACKNOWLEDGEMENTS We would be remiss if we did not acknowledge the contributions made by the many individuals who made this journal a reality. Allegra Young, Assistant Dean of Communications, and Paul Goldman, Publications Business Manager, have worked together from the start to make this project happen. They fielded our daily questions, advised us on how to deal with the drama that accompanies starting a journal, and tirelessly supported us in every imaginable way.They encouraged our belief that this could be done and made sure we took each step necessary to create a journal that would survive long after the inaugural Editorial Board and staff graduated. And, perhaps most importantly, Allegra convinced Dean Bill Powers to approve our creation. Our faculty sponsors, Professors Ernest Smith, John Dzienkowski, and David Spence, each contributed in a variety of ways. They wrote for the Journal, presented at the symposium, weeded-out unsuitable submissions, guided Victoria in the preparation of her note, and most importantly, each leant us his name. Such generosity was frankly essential and greatly appreciated by a journal attempting to get off the ground and gain respectability. Our advisory board, Jo Ann Biggs, Commissioner Victor Carrillo, Mike Godfrey, and J.J. McAnelly, was created over the course of a year. While there was not always a clear idea of exactly what role each would play, we knew we needed all of the help we could get in ascertaining the best way to create a journal that appealed to a variety of constituencies. We never expected the ongoing generosity of time and resources that each advisor dedicated to the Journal. We are sincerely thankful for it. Last, it would have been nice if we had found a pot of gold sitting in our office the day we were given the key. We had no such luck. But, more impressively, we discovered more companies and law firms than we had ever imagined who supported the idea of creating the first student-edited legal journal regarding energy. In fact, several donated funds before the Journal was officially created, and without those early donations, the administration would not have as eagerly leant its support. Such generosity also provided that our first issue be widely available—unique for a beginning journal. It also allowed us to host a world class symposium that included over eight hours of CLE credit at no charge. Furthermore, we were able to host a banquet awarding the first Ernest Smith Award to Frank Douglass for his lifetime contributions to the field. So, while we did not find a pot of gold, we did find real people who provided more financial support than we had ever anticipated. PREFACE THE BEGINNING To enter the rare book archive on the sixth floor of the Tarlton Law Library at the University of Texas School of Law, you must knock, a librarian unlocks a sizable dead bolt, and all ink pens must be put away.1 Sitting on a shelf, deep in the archive where only librarians may go, there is a small blank envelope. Inside the envelope is an eight page document that is so brittle that it must be read on a special reading stand for delicate documents. If it is not the first, it is one of the earliest model oil and gas contracts. The contract, simply titled A Model Oil and Gas Contract, was written by George C. Butte, a professor teaching in the Law Department at the University of Texas and published in the University of Texas Bulletin, April 23, 1919. The forward to the model contract is particularly illustrative: Thousands of farmers in Texas have given oil and gas “leases” on their farms during the past year, and many more are now negotiating such contracts. In almost every case, the contract is a printed or other form prepared by the oil companies, or by their attorneys, acting in the interest of the oil companies. Farmers, as a rule, are inexperienced in the oil business and unacquainted with the legal construction of the contracts they are asked to sign.2 The Law Department of the University of Texas is offering courses on the subject of oil and gas law. Under the direction of the professor in charge of these courses, a special form of oil and gas contract has been studied out, having three ends always in view: (1) perfect legality; (2) clearness of meaning; (3) fairness to both landowner and oil operator. Believing that the people of Texas— especially the Texas farmers— who are interested in the possibility of finding oil, will appreciate seeing a contract of the sort described, it is herewith submitted. 1. There is also a large red sign in all capital letters that warns in the case of a fire, all of the oxygen will be sucked out of the room, and it would be wise to leave in such an event. 2. The editors of the TEXAS JOURNAL OF OIL, GAS, AND ENERGY LAW became aware of this document as it was featured in the law school’s winter 2004 alumni magazine that chronicled 120 years of legal teaching at the University of Texas. George C. Butte, A Model Oil and Gas Contract, U. TEX. BULLETIN, April 20, 1919, at 1, 1, reprinted in UTLAW, Winter 2004, at 44, 44, available at http://www.utexas.edu/law/depts/alumni/utlaw/utlaw_winter04.pdf. We feature this particular document because it serves to illustrate several of the underlying justifications for why this journal was started: (1) oil and gas law has long been of central importance to the state of Texas; (2) it still is; and (3) it has been of particular importance to the University of Texas School of Law for an extended period of time.
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