Section 78.52.253 - Pooling agreement, offer to pool, pooling order-Fairness to nonconsenting, unleased ownersA pooling agreement, offer to pool, or pooling order is not considered fair and reasonable as applied to nonconsenting, unleased owners only, if it provides for an operating agreement containing any of the following provisions:
(1) Preferential right of the operator to purchase mineral interests in the unit;(2) A call on or option to purchase production from the unit;(3) Operating charges that include any part of district or central office expense other than reasonable overhead charges; or(4) Prohibition against nonoperators questioning the operation of the unit.