El Paso herald. (El Paso, Tex.) 1901-1931, 1913-02-09

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 adolf
ton to the 81 per acre annually in adj
vance, the owner of a gas well shall
pay sum Of money equal to 10 per
cent of the meter output Of all gas
sold. The said royalty on petroleum
oil, or natural Sas. shall be paid 20
the commissioner 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 a 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 nut
The books and accounts and the
receipts and discharges OF all lines,
pipe lines or tanks and gas lines
and gas pipes, ana all other mat
tiers pertaining 10 the production,
transpOrtiou 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 OF any other rep
resentative Of the state. The yaiue Of
any unpaid royalty or royalties and
any sum or sums due to the state
upon any lease contract shall become
a 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 or
water included within the operation Of
this act has heretofore been or may
hereafter be sold by the state with the
reservation of minerals therein, or has
Deen purchased by one with the waiver
of 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 OF Cne land 20 cents per
acre ger annum in advance during the
life OF the permit or lease, and the
llrst payment shall De paid TO the
commissioner of the general land Of
lice. for the use OF the owner Of the
surface, prior to the issuance Of such
permit, and said sum SO paid TO the
owner Of the surface rights shall be
IN 1ull compensation for all damages
TO such surface by reason OF the IN
SreSS and egress and operation neces-
Sary to the development and the OpeE-
alton under the permit or lease; pro-
Nlded- that If 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 Tor the
use OF and damage TO such surface
rights, then the right thereto and in
Sress to and esress from such mine I
or mining claim may be acquired by
condemnation as hereinafter provided.
Sec 10. No person. association OF
persons corporate or otherwise,
snail hold OF own at one time by per
nit or lease. direct or through assign
ment nor hold OF own a controlling IN
lerest i'm more than two sections OF 90
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. reetS. I
or uhSurVeyed school, university or [
asylum or toher public land in any un- Z
leVeloped field nor more than 200 acres I
WITHIN 10 miles of any producing oil I
or gas well.
Sec H. A person or association OF I
persons. corporate or otherwise. apply
nS Tor permit or lease shall file with I
ne application "a sworn statement I
moving what interest. If any. the ap-
pllcant OF each OF the members Of the 1
association or each stakeholder in the |
operation may hold in any other per-
mt or lease ussued by the state. (
w heu the commissioner is satisfied !
mat the applicant is entitled to such /
lefmlt or lease he shall issue the per- /
mt for a term not TO exceed two I
, ears, and the lease may be issued for Z
'uch time as the applicant may elect.
not to exceed ten years with the
right of "a renewal or renewals upon
5ucn terms and conditions as herein