Excess Costs
XTO Energy has advised the Trustee that excess costs increased by $45,000 on properties underlying the Kansas net profits interests. Underlying cumulative excess costs remaining on the Kansas net profits interests total $1,023,000, including accrued interest of $33,000.
XTO Energy has advised the Trustee that excess costs increased by $404,000 on properties underlying the Oklahoma net profits interests. Underlying cumulative excess costs remaining on the Oklahoma net profits interests total $1,120,000, including accrued interest of $254,000. This balance does not include the portion of the Chieftain settlement the arbitration panel determined could be charged as a production cost. XTO Energy has estimated the amount to be approximately $14.6 million (net to the Trust).
XTO Energy has advised the Trustee that excess costs increased by $347,000 on properties underlying the Wyoming net profits interests. Underlying cumulative excess costs remaining on the Wyoming net profits interests total $2,163,000, including accrued interest of $68,000.
Development Costs
This month, XTO Energy advised the Trustee of one additional non-operated well in Major County, Oklahoma in which it has elected to participate. XTO Energy has also advised the Trustee that the development costs for this well are anticipated to be approximately $1.3 million underlying ($1.0 million net to the Trust), and that drilling commenced in 2023 and is expected to be completed in first quarter 2024. However, no assurances can be made as to the estimated costs or timing to complete the well.
As previously disclosed, XTO Energy advised the Trustee that it elected to participate in the development of three non-operated wells in Major County, Oklahoma. As of the date hereof, $9.3 million underlying ($7.5 million net to the Trust) in development costs have been charged to the Trust for the three non-operated wells. Two of the three wells were completed in second quarter 2023 and the third was completed in fourth quarter 2023. The Trustee and XTO Energy will continue to provide material updates on the four non-operated wells in subsequent communications.
Arbitration
As previously disclosed, XTO Energy advised the Trustee that it reached a settlement with the plaintiffs in the Chieftain class action royalty case. On July 27, 2018, the final plan of allocation was approved by the court. Based on the final plan of allocation, XTO Energy advised the Trustee that it believes approximately $24.3 million in additional production costs should be allocated to the Trust. On May 2, 2018, the Trustee submitted a demand for arbitration seeking a declaratory judgment that the Chieftain settlement is not a production cost and that XTO Energy is prohibited from charging the settlement as a production cost under the conveyance or otherwise reducing the Trust’s payments now or in the future as a result of the Chieftain litigation. The Trust and XTO