Texas Wesleyan Law Review

Document Type



Part I of this Comment defines the cooperative venture rule and the plain meaning rule as they are used by courts to interpret oil and gas leases. Part II, reviews and analyzes the cases adopting the cooperative venture rule in our neighboring states of Oklahoma, Louisiana and Arkansas, as well as some of the Texas cases where the plain meaning rule has been applied. Part III, discusses the concept of constructive production and how it should be incorporated into the cooperative venture rule. As part of that discussion, this Comment addresses some of the activities of an oil and gas company which would appear to fall outside of the definition of constructive production and, therefore, the cooperative venture. The Conclusion, summarizes the argument in favor of adopting the cooperative venture rule in Texas. The covenants found to be implicit in an oil and gas lease are beyond the scope of this comment; however, some of those covenants have clearly influenced the courts that have adopted the cooperative venture rule.



First Page


Last Page