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2017 Spring Oil, Gas & Mineral CLE
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Approved for 7.0 hours of CLE credit, including 1.0 hour of ethics and professionalism credit in Kansas. Approved for 7.0 hours of CLE credit in Missouri.

3/3/2017
When: Friday, March 3, 2017
Check in begins at 8:30. Seminar is from 9:00 until 4:05 (lunch is provided)
Where: Fort Hays State University
Robbins Center-Eagle Comminication Hall
1 Tiger Place (across from coliseum)
Hays 67601
United States
Contact: Nancy Burghart
785-861-8827


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Approved for 7.0 hours of CLE credit, including 1.0 hour of ethics and professionalism credit in Kansas. Approved for 7.0 hours of CLE credit in  Missouri.


Room Block Information 

Sleeping rooms at the Fairfield Inn by Marriott are available to program participants for the night before the program at a rate of $91 per night plus tax.

The last day to make reservations at this rate is Monday, Feb. 13. Please note, after that time the hotel may not honor the $91 rate.

Call 785-625-3344 and let the operator know you want to make reservation under the Kansas Bar Association room block to receive the special rate.


Course Schedule

8:30 a.m. • Check-in & Full, Hot Breakfast

9:00 a.m. • Should I Be Scared? Secured Transactions Issues in Title Examination
Joseph A. Schremmer,
Depew Gillen Rathbun & McInteer LC, Wichita

This presentation will raise and discuss defects in marketable title involving secured transactions and pose possible solutions. This topic covers consensual liens in real property and minerals, oil and gas leasehold interests, interests created from oil and gas leases, and personal property and fixtures associated with oil and gas leases. The presentation will review mortgages and security interests that commonly appear in the chain of title in Kansas, and their attachment, perfection, and enforcement under applicable law including the Kansas Uniform Commercial Code.

9:50 a.m. • Schrödinger's Minerals: Can Severed Mineral Interests be “Revived” and “Extinguished” under the Kansas Marketable Title Act?
Tyler K. Turner,
The Jeter Law Firm LLP, Hays

This presentation will explore the Kansas Marketable Title Act and how it can be applied (or not) to proving up title to severed mineral interests.

10:40 a.m. • Break

10:55 a.m. • Surface Use and Conflicts
Daniel E. Lawrence,
Fleeson, Gooing, Coulson & Kitch, LLC, LLC, Wichita

11:45 a.m. • Lunch (provided)

12:30 p.m. • Water Law Issues relevant to Oil and Gas Production in Kansas
Prof. Burke W. Griggs,
Washburn University School of Law, Topeka

This presentation will survey the most important statutes, regulations, and other legal rules for the securing of water supplies necessary for oil and gas production in Kansas. It will also cover issues related to landowners’ water rights and their potential role in the oil and gas lease.

1:20 p.m. • Abandoned Well Responsibility--The Risk Meter is on the Move
David E. Bengtson,
Stinson Leonard Street LLP, Wichita
Diana G. Edmiston, Edmiston Law Office LLC, Wichita
Anthony T. Hunter, Attorney at Law, Wichita
Michael Pisciotte, Murfin Drilling Company, Inc., Wichita

In November 2016, the KCC announced plans to develop regulations to carry out its duties under K.S.A. 55-179, the abandoned well responsibility statute.  An investigatory docket was opened and comments invited from impacted persons.  The Commission is expected in early 2017 to announce a position from which to begin crafting proposed regulations.  Since 1996, the Commission's abandoned well policy has evolved from a broad interpretation of who is considered potentially responsible for the well, to a more crafted approach with a 'safe harbor' policy, encouraging operators to report abandoned wells found on their leases.  That limited approach and safe harbor policy are now in a state of uncertainty.  This panel presentation will highlight risks and challenges faced by potentially responsible parties, who are again needing to rethink how to manage their existing and prospective risks; and will review several legal theories that may apply to mitigate an unduly harsh result.

2:10 p.m. • Break

2:25 p.m. • Recent Issues of Interest to Lawyers Representing Clients in Rural Areas
Prof. Roger A. McEowen,
Washburn University School of Law, Topeka

This session will address issues of interest to oil and gas operators, agricultural producers, rural landowners and agribusinesses.  Areas covered will be the major developments in the courts and IRS in 2016 and significant other issues including environmental issues, tax issues, and policy matters involving agriculture, tax and the regulations.

3:15 p.m. • Injecting Professional Judgment into the Drafting of Oil and Gas Conveyances and Related Documents
Prof. David E. Pierce,
Washburn University School of Law, Topeka

This presentation addresses professional responsibility in the preparation of routine oil and gas documents.

4:05 p.m. • Adjourned

 

Registration Information

~~ Lunch is included in registration fee ~~
  • KIOGA Member Registration     $245
  • KBA Member Registration     $275
  • KBA OGM Law Section Member     $245
  • Non-member Registration     $345
  • Paralegal Registration     $205
  • Paper Materials (optional)     $25

 

Presenter Information

Bengtson, who is licensed in both Kansas and North Dakota, has many years of experience representing and advising clients in the oil & gas business in nearly all aspects of their business, including litigation, transactional matters, title opinions, and state regulatory issues. His clients include E&P companies, mid-stream companies, pipeline companies, and crude oil purchasing companies.  His litigation experience ranges from the defense of statewide royalty owner class action lawsuits to routine lawsuits over operational and contractual matters. His regulatory experience ranges from complex multi-party field rules hearings to routine regulatory filings and applications. His transactional experience includes due diligence, purchase and sale agreements, joint exploration agreements, and farmout agreements.  He also has extensive experience in preparing drilling and division order title opinions.

 

Diana Edmiston received her B.S. from Kansas State University and J.D. from Washburn University School of Law.  Prior to entering private practice, she has served as general counsel for Murfin Drilling Company Inc., senior assistant general counsel for the Kansas Corporation Commission Conservation Division, and senior attorney for Western Resources Inc. (now Westar Energy). She has twice served as president of the Oil, Gas and Mineral Section of the Kansas Bar Association, and is a past-president of the Wichita Association of Petroleum Landmen, and of the board of trustees of the Kansas Oil Museum in El Dorado, Kansas.  She currently serves on the board of directors for the Kansas Independent Oil and Gas Association.

 

Griggs teaches property and natural resources law at Washburn University School of Law, specializing in water law. Between 2008 and 2016, he represented the State of Kansas in interstate, federal, and intrastate water matters, most prominently Kansas v. Nebraska, 135 S.Ct. 1042 (2015) and the Kickapoo Tribe Reserved Water Rights Settlement, the first of its kind in Kansas.

 

 

 

Tony is a solo practitioner in Wichita focusing exclusively on oil and gas issues. He has worked as a field landman, title examiner, and as counsel for administrative hearings.  His current projects include spacing and pooling issues, joint operating agreements and title litigation.

 

 

 

Dan Lawrence is a former software developer and software development project manager from Kansas City who, wanting an escape from stress, long hours, and demanding clients, sagely chose to pursue a career in law.  He graduated first in his class (2008) from Washburn University School of Law after receiving top scores/CALI awards in more than two-thirds of his classes, and is now a partner in the Wichita law firm of Fleeson, Gooing, Coulson, & Kitch, LLC, where he practices primarily in the areas of natural resources (oil, gas, and wind), intellectual property and technology law, and general business law.  The bulk of his oil and gas experience has been in litigating royalty payment disputes in Colorado, Kansas, and, to a lesser extent, Pennsylvania, but he has also represented both landowners and producers in connection with mineral transactions, leasing, eminent domain proceedings under the Natural Gas Act, regulatory proceedings, and a wide variety of other matters.  

   

Roger A. McEowen is the Kansas Farm Bureau Professor of Agricultural Law and Taxation at Washburn University School of Law in Topeka, Kansas.

Through 2015, he was the Leonard Dolezal Professor in Agricultural Law at Iowa State University in Ames, Iowa, where he was also the Director of the ISU Center for Agricultural Law and Taxation, which he founded. Before joining Iowa State in 2004, he was an associate professor of agricultural law and extension specialist in agricultural law and policy at Kansas State. From 1991-1993, McEowen was in the full-time practice of law with Kelley, Scritsmier and Byrne in North Platte, Nebraska.

McEowen has been a visiting professor of law at the University of Arkansas School of Law in Fayetteville, Arkansas, teaching in both the J.D. and L.L.M. programs. He has taught at Washburn Law and the Drake University School of Law Summer Institute in Agricultural Law.

He has published scholarly articles in the Journal of Agricultural Taxation and Law, Indiana Law Review, Drake Journal of Agricultural Law, North Dakota Law Review, Nebraska Law Review, Monthly Digest of Tax Articles, Tax Notes, West's Social Security Reporting System, Toledo Law Review, Washburn Law Journal, Creighton Law Review, Agricultural Law Update, and the Agricultural Law Digest. He is the author of Principles of Agricultural Law, an 850-page textbook/casebook that is updated twice annually, and a second 300-page book on agricultural law. McEowen also authors the monthly publication, ""Kansas Farm and Estate Law."" In addition, he co-authors Bureau of National Affairs (BNA) Tax Management Portfolios on the federal estate tax family-owned business deduction and the reporting of farm income, and is the lead author of a BNA portfolio concerning the income taxation of cooperatives.

McEowen conducts approximately 80-100 seminars annually across the United States for farmers, agricultural business professionals, lawyers, and other tax professionals. He also conducts two radio programs each airing twice monthly heard across the Midwest and on the worldwide web. He also can be seen as a frequent guest on Ag Day TV and other Farm Journal media outlets.

In 2003, McEowen was named the recipient of the American Agricultural Law Association (AALA) Distinguished Service Award. He is also the recipient of the AALA's award of excellence for professional scholarship. In 2006, McEowen was named the President-Elect of the AALA.

He received a B.S. with distinction from Purdue University in Management in 1986, an M.S. in Agricultural Economics from Iowa State University in 1990, and a J.D. from the Drake University School of Law in 1991.

He is a member of the Iowa and Kansas Bar Associations and is admitted to practice in Nebraska. He is also a past member of the AALA Board of Directors.

 

David Pierce is a professor of law at Washburn University School of Law where he teaches courses on oil and gas law, contract law, and property law. He is the Director of Washburn's Oil and Gas Law Center and holds the Norman R. Pozez Chair in Business and Transactional Law.

 

 

 

 

Michael Pisciotte is a proud son of the High Desert of the Western Slope, nurtured in the bosom of the Colorado National Monument.  After high school, anxious to overcome the local oil shale bust and enduring economic downturn, I ventured across the Continental Divide to CU-Boulder to earn my Bachelor’s degree in Sociology and Criminology.  Following a brief, but intense, immersion into my chosen field, I opted to migrate further East to pursue a new educational endeavor of Public Administration and Public Finance at Wichita State University.  Armed with my newly-minted Master’s degree, I then ventured to the Upper Midwest, to attack local government windmills and right public finance.  Disillusioned by the futility of this chosen path, I happened upon J. Fred Hambright who, being a benevolent soul, took me in and taught me a new craft as a petroleum landman, which ultimately resulted in my current home with Murfin Drilling Company, Inc., where I have been fortunate to reside since 2007.

At a hallowed point along my journey, I returned to my boyhood home to meet and court my lovely bride, Victoria, with whom I am blessed with three usually wonderful, but oft-trying, younger people:  Dylan (24), Kierstin (20) and Joseph (16).

Along the way, I have been allowed to serve my communities, professions, faith, etc. by working in various capacities for local, state, national and international organizations.  I currently serve on the respective boards for the Wichita Association of Petroleum Landmen (WAPL), Kansas Independent Oil and Gas Association (KIOGA), and American Association of Professional Landmen (AAPL), as well as my HOA, and I am an active member of each.

During my journey, I have met talented and unique people, witnessed wonderments, overcome adversity, been humbled often, dared to dream, and pondered the bizarre, all to my benefit.  I am able to work in a noble industry, which improves the overall quality of life on this planet, and with people of indomitable spirit.  I count myself among the fortunate.

 

Joe Schremmer is a partner at Depew Gillen Rathbun & McInteer, LC in Wichita, Kansas, where he practices in oil, gas, and mineral law, as well as environmental, real estate, and business and corporate law.  Joe received his B.S. degree in Journalism and B.A. degree in Political Science in 2009 and his M.B.A. in 2013 from the University of Kansas.  He received his J.D. from the University of Kansas School of Law in 2013.  Joe was a member of the Order of the Coif, received the Samuel Mellenger Award as the most distinguished student in the combined areas of scholarship, leadership, and service, and served as the Editor in Chief for the Kansas Law Review.  Joe currently serves on the executive committee of the Oil, Gas and Minerals Section of the Kansas Bar Association as a member at large, and is a co-author of the chapter on Oil, Gas and Mineral Law for the KBA Annual Survey of Law Handbook. He also sits on the Board of Directors of the Kansas Independent Oil and Gas Association (KIOGA) and serves as the chairperson of the Association’s standing committee on state legislation.

 

Turner is an attorney with the Jeter Law Firm, LLP in Hays, Kansas. His practice primarily focuses on oil and gas title examination and oil and gas curative measures. Mr. Turner is a graduate of Washburn Law School where he participated in Moot Court and the student chapter of the Rocky Mountain Mineral Law Foundation. Prior to attending law school, he was a landman for J. Fred Hambright, Inc., where he negotiated leases for a variety of oil and gas companies in Kansas and Nebraska.