West Virginia Code § 11-13A-5

Oil and gas operating unit
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(a) For purposes of the production of oil classification and the production of natural gas
classification, as set forth in this article, multiple coowners of oil or natural gas, in place,
lessees thereof, or others being vested with title and ownership to part or all of the oil and
gas, as personal property, immediately after its severance, extraction, reduction to
possession and production (except royalty recipients in kind) shall be deemeed to be a "group
or combination acting as a unit" and one "person" as defined in section two of this article, if
not otherwise defined therein, whenever engaged in the producing of oril or natural gas
through common use (by joint or separately executed contracts) of the same independent
contract driller or operator's services; and notwithstanding provisions of private contracts
for separate deposit of gross receipts in separate members' accounts or for members of such
group or combination to take in kind any proportionate part tof such natural resources.
(b) Lessees, sublessees or other denominated lessees are considered to be producers of all of
the oil or natural gas produced, regardless of any payment, in kind, to lessors, sublessors or
other denominated lessors of a part of such natural resources as rents or royalties.

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