82-10-104. Payment of royalties — form of record required. (1) An oil and gas producer paying royalties by check, draft, or order shall include with every payment a form showing the following matters relating to that payment:

Terms Used In Montana Code 82-10-104

  • Conviction: A judgement of guilt against a criminal defendant.
  • Gas: means all natural gases and all other fluid hydrocarbons, including methane gas or any other natural gas found in any coal formation, as produced at the wellhead and not defined as oil in subsection (3). See Montana Code 82-1-111
  • Knowingly: means only a knowledge that the facts exist which bring the act or omission within the provisions of this code. See Montana Code 1-1-204
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Oil: means crude petroleum oil and other hydrocarbons, regardless of gravity, that are produced at the wellhead in liquid form by ordinary production methods and that are not the result of condensation of gas before or after it leaves the reservoir. See Montana Code 82-1-111
  • Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201

(a)the name of the royalty owner to whom the payment is made;

(b)the date of the check, draft, or order;

(c)any royalty owner identification number used by the producer for the royalty owner;

(d)the time period during which production occurred for which payment is being made;

(e)any number used to identify the lease under which production occurred;

(f)the type of product produced;

(g)barrels of oil and cubic feet of gas for which payment is made;

(h)the amount and type of all taxes withheld;

(i)the net value of production;

(j)the royalty owner’s net value; and

(k)contact information for obtaining additional information regarding the payment and answers to questions.

(2)In addition to the information required in subsection (1), an oil and gas producer paying royalties to a royalty owner shall, at the time of payment, specify by line item every charge assessed against the royalty owner.

(3)Any person purposely and knowingly violating the provisions of subsection (1) or (2) is guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than $1,000.