Section 32-23-10-3 - Presumption of use(a) A mineral interest is considered to be used when:(1) minerals are produced under the mineral interest;(2) operations are conducted on the mineral interest for injection, withdrawal, storage, or disposal of water, gas, or other fluid substances;(3) rentals or royalties are paid by the owner of the mineral interest for the purpose of delaying or enjoying the use or exercise of the rights;(4) a use described in subdivisions 1 through 3 is carried out on a tract with which the mineral interest may be unitized or pooled for production purposes;(5) in the case of coal or other solid minerals, there is production from a common vein or seam by the owners of the mineral interest; or(6) taxes are paid on the mineral interest by the owner of the mineral interest.(b) A use under or authorized by an instrument that creates a mineral interest continues in force all rights granted by the instrument.Pre-2002 Recodification Citation: 32-5-11-3.
As added by P.L. 2-2002, SEC.8.