(1) The lessee shall pay in cash or deliver in kind to the lessor at its option, on all oil and gas produced and saved from the leased premises and not used for light, fuel and operation purposes on the leased premises, a royalty. The royalty shall be at the following rates unless, in regard to a particular lease, the department advertises in its lease sale notices that the royalty will be at a higher rate:
(a) On gas at the rate of 16.67%;
(b) On oil at the rate of 16.67%; and
(c) The royalty on gas, including casing-head gas and all gaseous substances, while the same is not sold or used off the premises shall be at the rate of $400 per well each year or the amount of the annual rental provided in the lease, in lieu of the per well rate, whichever is the greater, payable on or before the annual anniversary date of the lease. As long as the leased lands contain a well capable of such production and such payment is made, the lease shall be considered a producing lease under the lease terms.
(2) The lessee shall pay royalties reserved to the state, in cash:
(a) on the reserved fraction of oil, the posted field price, or in lieu thereof, if no field price is posted, the fair market value in the field where produced on the day it is run into the pipeline or storage tanks; and
(b) on the reserved fraction of gas, the posted field price, or in lieu thereof, if no field price is posted, the fair market value at the well. In addition, the lessee shall pay to the state on the reserved fraction any bonus actually paid or agreed to be paid to the lessee for such oil or gas.
(3) All royalties, whether in money or in kind, shall be delivered to the state free of cost and deductions.
History: 77-3-402, MCA; IMP, 77-1-202, 77-1-301, 77-3-401, 77-3-432, 77-3-433, and 77-3-434, MCA; NEW, Eff. 23/5/75; AMD, 1983 MAR p. 129, Eff. 2/11/83; TRANS, 1996 MAR p. 2384; MCA; AMD, 2005 MAR p. 2255, Eff. 11/11/05.