OFFICE OF THE ATTORNEY GENERAL OF TEXAS 

AUSTIN 
&al. Baso0m Olles, Page 2 

BHIB, and 00ntinU4 in force t&at pert of the btd 

Of the Clear Fork embrooed in the lease, or at 

14BSt a reeoonable an~unt of acreage io. the vioinity of the produof~ gas well aonditloniad, 

however, upon the pay-&ant of all rentala QII t&a 

MTee64 PetaiR4d iA tha 14~38 Of $2.00 per acre 

from the inosption of the original leare down to 

the present tirae.” 

The lease In queetion reaultsd from dLcoovery or 

oil under-an oil and gas proopeoting pernit lommd by virtue 

of the authority of Chapter 83, Aota of E917. f3eution 15 

of aold Aot provibes~ 

*#hen one desirem 43 lease or patent anf one 

or ame whole tr.sota in the wrmlt may be abendoned by relinquishment filed in the @e-&al. k&d 

OrSioe am herein prorided and theraupm ObOain 

a lease or potent upon the romtiing area$ pmvided auoh remiaing area8 in in a solid bow, 

,&ii owner may relinquiuh n permit or leeee 

at any tbm by having the deed Of WA.nqulSbX%e& 

l okmwleOgeA, reowded by the pro r aounty oI.erk 

and illed In the &UXeTal Land Off r 04 booaopaniad 

by one dollar tiling fee.* 

There fe no erg~resr authorle8tlon in rkapter 83 

fsr the relinquialuasnt of a paxt only of the t 4L severed 

by a mineral lease. Ae ahown by the above quoted portion 

or the statute, thir o&y rrliquirhmente authorleed by 

Chapter 63 ares 

(1) "One OF rpore whole traota in the ym’d.t’, 

v&i& relinquishmmt ie authorized to be made at the t&m 

r~leaae $0 iscpu&, and 

(2) the relinquishment of "a permit or leeae* at 

Blnce the Legiel,atum BBW fit by expre8a ~rgrovieio0 to 

authorize an abandonment OP relinquishment of a portifom Of the 

.6rea oovered by the permit at the tias a lease wea ieaued but 

failed tu provide for a partial ~elinquishaeat aubbs@gaWt k, the 

icsuanoe of lease, it appears evident that it wt88 the Leti* 

lature'a intention to rsfuss to authorize the 3!e;UBQtLiamnt 
Ban. BarcarP Giles, Page 3 

of a QCIX%iOA only of the mea crovered by a lease after the 

permit had been merged into 8 J.saee. 

Thio view haa been hssetoiore axpreersd br this 

Depart&exit in Opinion Ho. 29k7, dated Lkaroh 3, 1934, eddreesed 

to Hon. J. H. Walker, Connaieaioner of the General Land Otfioe, 

f ’ 

295 ol the RepOrta and 0 inions of the Attosnep Oenaral, 

932-1934. Although the op !A Ion above rererred to dealt with 

the ennit Aet of 1913 e oonipariaon of that Aot with Chaptar 

83 Afsolo aem that the i913 Act oontained eubstentiallg thr mm 

provlislons with respeot to rellnqui&ment of ponuitr and leaaee 

as ie oontained fn the 1917 A&i. WI quote a8 ioUowr iron 

the 1934 o#nionr 

%eving 414otsd to reoeive one has* for tke 

entire eoreage, they could not thereafter nU.nquWk 

a portion or the leased area under thr tena# Of 

Beotion 25 of the aot. Ii they thereatber desired 

to relinquish the lease they were mpuired to r+ 

linqulah the entir4 erea, or ~0 part oi it." 

We are ia nocord with the oonoluelon annotmesd in 

the above quoted opinion, and we aooordixigly advise rou that, 

S,n our opinion, you 84~4 not autkori8ed to eooept e rdlnqulmheent of a portion ow of the area covered by &am 

PO. 2825. 

ToUTa very truly 

moRxxY GMERAL OF l%xAs 

J v L/UU’V J 

PIRST ASSIS T#wL/- 

ATTO- .GE.NE