El Paso herald. (El Paso, Tex.) 1901-1931, 1913-04-09

before such owner shall have obtained
a lease therefor; provided, such owner
may use for fuel such portion OF said
substances as may be necessary for the
continued development OF the area
without accounting therefor. In adul-
tion to the 81 per acre annually in adj
vance, the owner of a gas well shall
pay q sum OF money equal to 10 per
cent OF the meter output of all gas
sold. The said royalty on petroleum
oil or natural gas, shall be paid 90
the COMM sslOner of the general land
office monthly during the life of the
lease In all such payments the owner
or manager shall accompany the remit
lance with sworn statement Of the
amount produced. and the market price
of the output. and a copy of any pipe
or pipe lines or tank receipt,
check or memoranda of amount put
out or into such lines or tanks.
The books and accounts and the
receipts and discharges OF all lines,
pipe lines or tanks and gas lines
and gas pipes. and all other mat
tiers pertaining 10 the production,
JranSpOruOu and marketing OF the out
put shall be open to the examination
and inspection at all times by the com
missioner OF the general land office
or his representative or any other rep
reSentatIye OF the state The vaiue of
any unpaid royalty or royalties ana
any sum or sums due to the state
upon any lease contract shall become
prior lien upon all production Of
petroleum oil or natural gas produced
upon the leased areas to secure the
payment OF any royalties and sums due
to the state.
Section 9. In the event any land CT
water Included within the operation Of
TINS act has heretofore been or may
hereafter be sold by the state with rbe
reservation of minerals therein. or has
been purchased by one with the waiver
or mineral rights. such land shall be
subject to prospect and lease as set
forth in this act. but the owner OF the
permit or lease shall pay to the owner
OF the surface or the land 20 cents Dcr
acre ger annum i'm advance during the
lie or the permit or lease, and the
IlrSt payment shall De paid TO the
commissioner of the general land Of
nee, Tor the use of the owner Of the
surface, prior to the issuance of such
permit and said sum so paid to the
owner or the surface rights shall be
IN tull compensation for all damages
40 Such surface by reason OF the in
SreSS and egreSs and operation neceS-
Sary 10 the development and the Ope--
alton under the permit or lease. pro
Nlded. that IT the owner or lessee of the
surface VIII not accept the payment
OF 20 cents per acre per annum as
above provided. and the lessee of the
mineral rights cannot agree with such
owner or lessee of the surface rights
on the compensation to be paid for the
use Of and damage To such surface
rights, then the right thereto and in
Eress to and eEress from such mine
or mining claim may be acquired by
condemnation as hereinafter provided.
sec 10. No person. association Of
persons. corporate or otherwise,
shall hold or own at one time by per-
nit or lease. direct or through assign
ment nor hold OF own controlling in
Jerest in more than two sections of go
acres each. more or less. Of surveyed
school land, university, asylum or other
public land nor more than 1890 acres
Of islands, lakes. bays marshes. reefs.
or unsurveyed school university or
asylum or toher public land in any un-
developed field nor more than 200 acres I
within 10 miles of any producing oil .
or gas wen.
Sec H. A person or. association Of I
persons. corporate or otherwise. apply /
ing for a permit or lease shall file with /
the application a sworn statement I
what interest. if any the an /
Dlcant or each of the members of the /
association OF each stakeholder in the I
corporation may hold in any other per /
nit or lease ISSUED by the state.
When the commissioner is satisfied /
that the applicant is entitled to such I
permit or lease he shall issue the per- [
nit for a term not to exceed two |
Years. and the lease may be issued fer I
such time as the applicant may elect.
not to exceed ten years with the /
right of a renewal or renewals upon |
such terms and conditions as herein