10.001 Accretion and Avulsion

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Requirement 10.001  

Accretion and  Avulsion

 

         Accretion and Avulsion. Tract 1 abuts the Alabama River, which we have identified as Tract 2.  The title and physical extent of the ownership of the bed of the Alabama River will be determined with reference to the character of the water body, specifically, whether it was, at the time Alabama obtained statehood, subject to the ebb and flow of the land, and if not, whether it was navigable in fact. Furthermore, it is possible that the ownership of lands abutting or formerly abutting this water body will be affected by changes in the course or bounds of the water body over time. That is, if land once covered with water was cast up and made dry, fast land, as a result of along and gradual process (“accretion”), title to the new land (assuming that the State owns the water bottom) would vest in the abutting owners. On the other hand, where dry land is created as a result of a sudden change (“avulsion”), such as might result after a hurricane, or in some instances, as a result of intervention of man without the authority of the State (sometimes called “streamline accretion”), the title to the new dry land may remain vested in the owners of the bed of the water body, if different from the abutting owners.

 You have obtained oil and gas leases from the owners of Tract 1 and from the State of Alabama with respect to Tract 2.  For that reason, the location of the exact boundary between Tract 1 and Tract 2 impacts only entitlement to royalties on production from those two tracts and not your right to drill and to produce oil and gas.

         Requirement. If production is obtained from the captioned property, it will be necessary to make additional requirements concerning this matter in order to ascertain and determine the extent of the State’s interest in this property.

Copyright 2011 by Edward G, Hawkins. All rights reserved.