Deadlines · Updated November 2026

Forced pooling deadlines by state

A pooling order is the one piece of mail a mineral owner cannot put in a drawer. The election window, the trigger that starts it, and the penalty for silence are different in every state. Here they are in one place, with the statute, so you know the clock you are on before you read the order.

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How long do I have to respond to a pooling order?

It depends entirely on the state and, in several states, on the order itself. Oklahoma and Mississippi give 20 days from the order. Kentucky gives 30 and deems you leased if you miss it. Alabama's 30 days run from the day drilling actually starts, not from the order. Texas and Kansas have no general forced pooling at all. The table below is the whole list for the states we buy in; the statute column is where to check our work.

StateCompulsory pooling?Election windowIf you do nothingNonconsent penalty and protectionsStatute
OklahomaYes, Corporation Commission20 days from the date of the order, not from mailingYou get the default option in the order: the lowest royalty and highest bonus combination, and no participationNo risk penalty on participating owners; recovery capped at actual reasonable costs. Unclaimed pooling money goes to escrow, then the Mineral Owners Escrow Account, then unclaimed property52 O.S. § 87.1
MississippiYes, State Oil and Gas Board20 days after the order is filed for recordTreated as nonconsenting and charged out of production100 percent of surface equipment beyond the wellhead, 250 percent of drilling and operating costs and in-hole equipment, and 300 percent where the minerals are severed from the surface or under lease, which is most owners. No charge if the well does not pay outMiss. Code § 53-3-7
KentuckyYes30 days from entry of the orderDeemed to have leased to the operator on the statutory terms. Silence does not leave you unleased in Kentucky; it leases you200 percent nonconsent penalty. An unknown or unlocatable owner is deemed leased with a one-eighth royalty and gets no electionKRS 353.630, 353.640
AlabamaYes, called forced integration, State Oil and Gas Board30 days after actual drilling begins, or before total depth, whichever is earlier. The clock runs off the spud, not the orderTreated as nonconsenting150 percent risk compensation fee. An unleased owner keeps a 3/16 royalty (or the actual landowner royalty if less) free of costs and of the risk fee lien. No risk fee if the operator cannot locate you in good faithAla. Code § 9-17-13; Rule 400-7-2-.01
LouisianaYes, Commissioner of Conservation, by unit orderSet by the risk charge notice the drilling owner must send by registered mail; the window is stated in that noticeNonconsenting; the risk charge applies to your share of costs200 percent of your allocated costs for unit wells, substitute unit wells and cross unit wells; 100 percent for alternate unit wells and later operations (2022 amendment). Unleased owners are owed a 30:103.1 report on request and, after Self v. BPX, cannot be charged post-production costsLa. R.S. 30:10
North DakotaYes, Industrial CommissionStated in the orderNonparticipatingA leased owner who elects out is charged 200 percent of costs. An unleased owner who does not participate is charged only 50 percent, and only after a good-faith effort to lease, and receives a cost-free 16 percent royalty on interests pooled on or after August 1, 2009N.D.C.C. § 38-08-08(3)
MontanaYes, Board of Oil and Gas ConservationStated in the orderTreated as a refusing ownerUnleased refusing owner is treated as holding a one-eighth landowner royalty on their share until costs are recovered; nonconsenting owners are charged 200 percent of costsMCA § 82-11-202
ColoradoYes, Energy and Carbon Management Commission, but only once owners of more than 45 percent of the minerals have joined the applicationStated in the orderCarried as nonconsentingNonconsenting owners receive a royalty of 13 percent (gas) or 16 percent (oil) during cost recovery, and the operator may not use a nonconsenting owner's surface (SB 19-181)C.R.S. § 34-60-116
UtahYes, Board of Oil, Gas and MiningSet by Board rule and stated in the order, not in the statuteNonconsentingThe widest band in the country: 150 to 400 percent, set case by case. An unleased nonconsenting owner receives the unit's acreage-weighted average landowner royalty, or 16 2/3 percent if there are no other private tracts, protected from cost deductionUtah Code § 40-6-6.5
ArkansasYes, called integration, Oil and Gas CommissionSet in your order, not by statute. Read the orderGo nonconsent by defaultThree options: lease to the operator on Commission-approved terms, participate, or take a one-eighth royalty until the other seven-eighths recovers costs times a multiplier, typically 400 or 500 percent, plus operating costsArk. Code §§ 15-72-302, 303, 324; Rules B-43, B-44
West VirginiaNot conventional pooling; cotenancy development since 201845 days for a nonconsenting cotenant to elect a pro rata royalty or participationDefault election under the ActCotenants holding at least three-fourths can authorize development over the minority's objectionW. Va. Code § 37B-1-4
New MexicoYes, Oil Conservation DivisionStated in the orderNonconsenting, charged out of productionRisk charge set by the Division's order; unleased owners are paid as royalty owners under the Oil and Gas Proceeds Payment Act once in pay statusNMSA 70-2-17
WyomingYes, Oil and Gas Conservation CommissionStated in the orderNonconsentingRisk charge set by the Commission's order; 18 percent interest applies to late royalty once you are in pay statusW.S. 30-5-109
TexasNarrow and rarely granted (Mineral Interest Pooling Act); voluntary pooling in practiceNot applicableYou stay unleased and unpooled, and the rule of capture appliesNo general nonconsent penalty; leverage comes from the lease negotiationTex. Nat. Res. Code ch. 102
KansasNo compulsory pooling; unitization onlyNot applicableYou stay unleasedNoneK.S.A. 55-1301 et seq. (unitization)
PennsylvaniaGenerally no for the Marcellus; Act 66 lets operators integrate contiguous leaseholds unless a lease forbids itNot applicableYou stay unleasedNoneAct 66 of 2013
OhioUnitization at 65 percent consent, Division of Oil and Gas Resources ManagementStated in the unit orderSwept into the unit as a nonconsenting ownerTerms set in the unit orderR.C. 1509.28
MichiganExists but weak and rarely usedStated in the orderPooled after hearingNo statutory nonconsent penaltyMCL 324.61513
CaliforniaUnitization authority only; no Oklahoma-style election systemNot applicableNot applicableNonePub. Res. Code div. 3

What to do the day the order arrives

  1. Find the date that starts the clock. In Oklahoma it is the date on the order, not the postmark. In Alabama it is the spud, which may be months away. In Arkansas and Utah it is written in the order.
  2. Run the options. Our pooling election calculator works bonus-and-royalty against participation for an Oklahoma order; for any state, text a photo of the order to 918-984-1645 and we will read it the same business day, free.
  3. Elect in writing, and keep proof. Our letter generator writes an Oklahoma election letter. Send it the way the order says, and keep the receipt.
  4. If the order is addressed to someone who has died, the clock is still running. Our inherited mineral rights pages explain what to file in each state.

The detailed Oklahoma guide is at forced pooling in Oklahoma: what to do when you get an order. This table is a buyer's summary of statutes and orders we read every week, checked against the state guides linked in each row; it is not legal advice, and an order that says something different from this table controls.

Holding an order right now?

Text a photo of it, every page, to 918-984-1645 with your county. You will get a plain read of the clock, the options, and which one we would pick, the same business day. Free, and no obligation to do anything else with us.

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