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By J. R. Schneider

INTRODUCTION Landowners in Texas for many years have freely granted, reserved and leased "oil, gas and other minerals" or interests therein. In recent years we have witnessed much litigation concerning what sub- stances should be included as "other minerals" within the phrase "oil, gas and other minerals," and this question has received the attention of numerous legal scholars. At the South Texas Uranium Seminar held in Corpus Christi, Texas, in September, 1978, Mr. William R. Dodson presented a paper dealing with this very subject and entitled "Uranium - Mineral or Surface? Who Owns It?" In his paper, Mr. Dodson reported on two recent Texas Supreme Court decisions, Acker v. a, 464 S.W.2d 348 (Tex. 1971) and Reed v. Wylie, 554 S.W.2d 169 (Tex. 1977). which held that the particular substance in question in each case is not a mineral within the phrase "oil, gas and other minerals" if substantial quantities of the substance lie so near the surface that production will entail the stripping away and substantial destruction of the surface. Since that time another chapter has been written in the Texas saga of "When is a Mineral not a Mineral?" and it is the intent of this paper to present an update of the Texas law. A review of the early Texas cases so ably covered by Mr. Dodson in his paper will not be repeated, except as is necessary to illustrate the evolution of the legal doc- trine which has been so aptly named "The Surface Destruction Test". BACKGROUND In order to appreciate the genesis of the problem, one must consider that oil and gas production commenced in Texas many years ago, Spindletop came in in 1901. As oil and gas became more valuable, land- owners with considerable frequency sold interest in the oil, gas and mineral estates in their lands, and reserved interest in the oil, gas and mineral estates in their lands when they disposed of their property. Due to the oil and gas background, and perhaps be- cause oil and gas was paramount in the minds of the parties, the traditional language employed in these grants and reservations was "oil, gas and other minerals" or variations thereof. There are literally hundreds of instruments employing this language constituting a link in the chains of title to thous- ands of acres of Texas land. In addition, there are thousands of acres of Texas land held by oil, gas and mineral leases, the primary terms of which have been perpetuated by production, containing similar language in their granting clauses. The severance of the mineral estate from the surface estate results in two separate and distinct estates, each having all of the incidents and attributes of an estate in land. with the surface estate being the serviant estate, and the mineral estate being the dominant estate and having certain easements in the surface estate to explore. produce and remove the minerals. Harris v. Currie. 176 S.W.2d 302, 305 (Tex. 1943). As observed by the court in the Harris case, this is because a grant or reservation of minerals would be wholly worthless if the grantee or reservor co~lld rwt enter upon the land in order to explore for and extract the minerals granted or reserved. Although the Texas law has recognized that an oil and gas lessee has the right to use so much of the surface as is reasonably necessary to produce the minerals. Warren Petroleum Corporation v. Monzingo, 304 S.W.2d 362, 363 (Tex. 1957), recent decisions of the Court have qualified this doctrine. In Getty Oil Company v. Jones. 470 S.W.2d 618 (Tex. 1971). Getty's pumpine, units were interfering with ones self-propelled sprinkler system utilized for irrigating the premises, and Jones sought to require Getty to install the-pumping units in cellars so that the sprinkler system could pass over them. In an effort to accommodate both the surface estate and the mineral estate, the court held (page 622) "...where there is an existing use by the surface owner which would otherwise be precluded or impaired, and where under the established practices in the industry there are alternatives available to the lessee whereby the minerals can be recovered, the rules of reasonable usage of the surface may require the adoption of an alternative by the lessee". Bearing in mind that the "reasonable use doctrine" grew up in the oil and gas industry involving sub- stances which can be produced by methods that do not destroy or deplete the surface estate, the question presented is whether the Texas courts will extend this doctrine to situations where claimants of "other minerals" seek to produce shallow deposits of iron ore, coal, lignite and uranium by surface mining methods which do destroy or deplete the surface estate? The surface destruction test has answered this question in the negative, at least as to iron. coal and lignite. However, the multitude of mineral estates in Texas which have been created by a grant. reservation or lease of "oil, gas and other minerals" will, doubtlessly, continue to fuel the fires of litigation. EARLY TEXAS DECISIONS In view of the evolution of the Surface Destruc- tion Test, an exhaustive review of the early Texas

Jan 1, 1980

By P. Raffinot, M. Rey, V. Formanek, G. Sitia

CONCENTRATION of oxidized copper and lead ores by flotation has been practiced for 30 years, but flotation of oxidized zinc ores has remained unsolved until a few years ago. This problem is, however, of great importance in mining districts where large tonnages of oxidized zinc ores exist in underground mines or in dumps. Some sulphide ores also possess a degree of oxidation high enough to justify recovery of oxide zinc minerals. Various attempts have been made to float the zinc carbonate, smithsonite.

Jan 4, 1954

1. Any society of undergraduates at a technical school, comprising students in any branch of engineering, metallurgy, chemistry, geology, etc., may be recognized by the Board of Directors in its discretion as an Affiliated Student Society, and its name, together with the names of its President and its Secretary, may be published in the Bulletin or the Year Book of the Institute. The individual members of such a society will not be catalogued as individual members or associates of the Institute, but may at any time be proposed for election as members or associates of the Institute, in the usual way. 2. Membership in an Affiliated Student Society, certified by the official representative thereof, and accompanied with suitable testimony as to character and qualifications, will have special ,weight with the Membership Committee of the Institute, in its consideration of the proposal of a candidate for membership or for Junior membership.

Jan 1, 1923

By R. J. Robbins

"For his exceptional ability both as an engineer and entrepreneur in the conception, design, and marketing of underground boring equipment; a technological development which has greatly improved the efficiency and safety of underground mining." Recipient of the 1984 D.C. Jackling Award

Jan 1, 1985

The negative charges on diaphragms of quartz, tungstic oxides, stannic acid, acid dyestuffs, soaps, and glass have for a number of years been explained on the basis of chemical equilibria-a hydrogen ion or light metal ion passes into solution leaving the solid complex ion negatively charged. While there are a number of observations which indicate a proportionality between the ( potential and the streaming potential it should be recognized that all the experimental evidence thus far presented shows that if hydrogen ion concentration is kept at a constant value, electrokinetic phenomena are influenced by salts. The multivalent ions exert the greatest effect on the reduction of osmotic flow. In the interpretation of all electrokinetic data the assumption is made that the potential of the solid remains constant. That this is not true is evidenced by the values of ( potential for quartz in contact with conductivity water as reported by the several investigators and by the authors of this paper.

Sep 1, 1956

Mr. Joseph P. GAZZAM,Germiston, Transvaal, So. Africa (communication to the Secretary*) :—About fourteen years ago, in southeastern Missouri,I used a method for the wet determination of lead which closely resembles the modified sulphate-chromate method described by Mr.. Guess. The principal difference, however, is, that after dissolving the lead chromate in hydrochloric acid, the chromic acid is determined by means of a standard solution of ferrous sulphate. The method, which I believe is still in use in southeastern Missouri, was found to be convenient and accurate for the determination of lead in the ores and various products of the mills and furnaces in that district, but it was never used for complex ores. A number of determinations of lead in mill-tailings were made in the year 1891; a few of these results are given in Table I. Table I.—Determinations of Lead in MilL-Tailings by Wet Assay.

Jan 1, 1905

By J. K. Lovrien

A Link-Belt roller-bearing conveyor system was in- stalled recently at the Gross-Marble mine of the Oliver Iron Mining Co. at Marble, Minn., for removal of overburden and lean ore. The material, consisting of clay, sand, gravel, and glacial boulders. is excavated by an electrically operated walking dragline equipped with a 10 cu yd bucket working from a boom approximately 150 ft long. This machine loads into a receiving hopper of a rail-mounted screening plant in 45 second cycles. A manganese steel apron feeder under the receiving hopper delivers to an elliptical grizzly, from which the oversize boulders and extraneous material, by way of an apron conveyor, arc loaded into refuse haulage trucks.

Jan 12, 1951

By J. D. Price, W. M. Bertholf

THE central washing plant of the Colorado Fuel & Iron Corp. was first operated in 1918 to furnish coal for two 60-oven batteries of Koppers design. Prior to that time the coke for the blast furnaces had been secured from a number of beehive operations, some with their own washeries. The original washery had four Elmore jigs, which did not do as well as had been expected. In 1923 the jigs were taken out and replaced by Deister Plat-O tables, with various changes in auxiliary equipment. In 1936 the throughput of the plant was considerably increased by the installation of vibrating filters for recovery and drying of fine coal, thereby reducing a large recirculating load of fine coal which passed through the screens of the Carpenter driers.

Jan 12, 1954

By Kalanadh V. S. Sastry, D. W. Fuerstenau

A locked-cycle balling procedure has been designed to simulate continuous, closed- circuit balling drum operation in the laboratory. By this method, it is possible to simulate the surging in green-ball production rate and circulating load that is experienced in industrial balling circuits. Through an investigation of the effect of feed rate on the stability of the locked-cycle, balling process, it was found that higher feed rates lead to increasing instability in the process. An analysis of the experimental ,results is presented and the utility of the locked-cycle experimental technique for evaluating the stability of an industrial balling drum operation is discussed.

Jan 1, 1976

By SME

A regular feature of the December issue is the abstracts of graduate theses in the mineral industry field presented during the preceding year. The following abstracts were submitted for this second article in the series.

Jan 1, 1976

By Jerrold Marcus

The peninsula is roughly 700 miles long and 180 miles wide. The southern portion is the American-sponsored Republic of Korea and the northern half is the Soviet-promulgated People's Democratic Republic of Korea. The area of South Korea is almost 40,000 sq miles, about the size of the state of Maine, and contains a population estimated at 22.5 million. Prior to annexation by Japan in 1910, the Korean economy was based on a system of self-sufficient farming units, but with Japanese occupation it was geared to Japanese economy. Emphasis was placed on supplying raw materials for Japanese industry and food surpluses to help feed Japan, and on providing a connecting link with Manchuria, traditionally a major raw material source for Japan. Small metal refineries, ore processing, and semi-finished goods manufacturing units grew into existence in the northern part of Korea, where much of the electric power is generated. Under Japanese domination, the south remained essentially agricultural. Food productivity was increased, although manufacture of elementary consumer goods was stimulated for Japanese markets.

Apr 1, 1956

By A. M. Gaudin, D. W. Fuerstenau

IN concentration of certain ores by soap flotation, prevention of quartz flotation is desired; the contrary is true in treatment of some oxide iron ores. Experimental study of the flotation of quartz goes back at least a quarter of a century.' Clean quartz does not float with fatty acids or soaps but does float when activated by one of many metallic salts. Control of pH is important. Broadly speaking the problem of quartz flotation has been approached from the empirical side, as was the related topic of flocculation or dispersion of quartz suspensions.' Empirical studies indicated the existence of critical relationships between the additions of collector and activator. These additions were not stoichiometric for the formation of soaps of the activator cation.

Jan 1, 1955

By R. V. Horrigan

High purity ZrC14 (25 to 200 ppm of metallic impurities) can be readily prepared in simple apparatus by thermal decomposition of alkali chlorozirconate fused salts at 500° to 600°C and at atmospheric pressure. Suggested phase diagrams for the systems NaCI-ZrC14 and KCI-ZrCI, are presented. ALKALI chlorozirconate compositions — anhydrous fused mixtures of ZrCl4, NaC1, and KC1— are manufactured commercially and are used by the magnesium industry to introduce zirconium into magnesium alloys. Zirconium refines the grain size and improves the physical properties of many important magnesium alloys. In the course of working with chlorozirconate compositions of high ZrCl4 content, it was noticed that these salts decomposed progressively itwaswith increasing temperature to yield considerable amounts of a ZrCl4 sublimate of high purity together with a solid chlorozirconate residue. Further research led to: 1—improvements in the

Jan 1, 1956

By W. D. Robertson, R. E. Reed-Hill

Slip on (11221 planes, which do not contain a close-packed direction, has been identified on crystals strained at —190°C. Evidence is also presented to show that (1071) pyramidal slip is a mode of deformation at 25ºC in a limited orientation range. PYRAMIDAL slip (l011) <1120> in magnesium at elevated temperatures has been established for some time.1-2 More recently, Burke and Hibbard reported this mode of deformation at 25ºC, but their results were questioned by Craig.&apos; Also, as far as the present authors know, slip in magnesium on pyramidal planes of the second order, Type II (1122)) has not previously been reported, although Gilman"," identified (1122) slip in another hexagonal metal

Jan 1, 1959

By J. B. Goddard

The discovery of rhenium on the ion exchange resin used at the uraniun in-situ leach operations at Palangana, TX, led to a laborabory study of possible recovery methods. Rhenium was present in small amounts in the ammonium carbonate leach liquors as the perrhenate anion, ReO4-. It concentrated on the anion exchange resin, which was a factor of 10 more selective for rhenium than for uranium. Various elution systems were investigated for stripping the rhenium from the columns after the uranium had been eluted with chloride or nitrate solutions. Although the per-chlorate ion was most efficient on a molar basis, nitrate ion combined the benefits of efficiency and low cost. A 3N or stronger concentration of nitrate containing up to 0. 5N H + was found to be the system of choice. A rhenium sulfide concentrate containing up to 14010 Re was obtained from these effluents by hydrogen sulfide precipitation. Preliminary experiments were run to produce rhenium metal powder by oxidation of the concentrate to NH4ReO4 followed by hydrogen reduction at elevated temperature.

Jan 1, 1984

The Library of the above-named Societies is open from 9 A.M. to 10 P.M. on all week-days, except holidays, from September 1 to June 30, and from 9 A.M. to 6 P.M. during July and August. The Library contains about 55,000 volumes, including sets of technical periodicals and the publications of scientific and technical societies. Members of the Institute, with few exceptions, are forced to spend a portion of their time in localities isolated from sources of information. To these the Library can render valuable service through correspondence; letters requesting information will receive special attention. The Library is prepared to furnish references and copies of articles mining and metallurgical subjects; to determine the existence of mining maps, and to furnish general information as to the geology and mineral resources of all countries. All communications should be made as definite as possible so that the information received may be what is desired and not include collateral matter which may not be of interest. The time spent in searching for such collateral matter will be saved, and the information will be sent more promptly and in more usable shape. The members of the Institute can be of service to the Library by forwarding copies of mining reports, maps privately issued, and similar material, which will be classified, indexed, and made available to other members. Suggestions for additions to the Library, either by purchase or personal solicitation as gifts, will be welcomed. It is hoped that members while in the city will use the Library freely, and assurance is given that most careful service will be rendered to them.

Jan 4, 1915

By R. S. Hendricks

During the past two years, Hecla Mining Co. has used shotcrete for ground support purposes with substantial cost savings. Hecla&apos;s experience indicates that shotcrete is an extremely effective ground support material which can be successfully employed in problem areas where various conventional systems would fail. To date, Hecla&apos;s use of shotcrete has been limited to openings where long-term high-quality support was required, to specific areas where exceptionally difficult ground conditions were encountered [ ] and, occasionally, to stope support. It is anticipated that when the necessary engineering and procurement of the components of an efficient materials handling system have been accomplished, shotcrete will be used on a routine basis in stoping and development situations. The real future of shotcrete is based, however, on the fact that this form of support offers greater opportunity for mechanization than rock bolt, timber or steel. Unlike all other support operations, which are cyclic, shotcrete is a continuous process, and therein lies its potential for incorporation into an efficient rapid excavation system. Hecla has obtained and operated both wet- and dry-process shotcrete application equipment. The operational characteristics of the two processes are presented and discussed below.

Jan 1, 1970

By T. O. Olsen, R. Henriksen

Aggregated models of a bank of flotation cells have frequently been used, assuming that a single-cell model can be used for control and estimation purposes. In this paper we investigate the feasibility of this approach, and show that single-cell aggregated models may very well be used in order to estimate the aggregated net flotation rate constants of the bank. These estimates would usually be very crucial in order to control the plant.

Jan 1, 1981

By Robert Bosworth

THE liability for damages to the surface caused by subsidence is an ever present threat in all underground mining. In ordinary lode mining, this threat rarely materializes into an action, due to the method of mining metaliferous ores, the dip of the veins, and the nature of the ground itself. In the mining of coal, however, this threat is very real. The coal frequently lies close to the surface, in beds underlying large areas of land the surface of which is suitable for agricultural or urban development. Furthermore, the coal is generally mined by the "room and pillar" method and when the pillars of coal are removed, the subjacent support is destroyed. This question of the duty of surface support has now become a very live one in Colorado. What was waste prairie land a few years ago, has become valuable agricultural land dotted here and there with growing towns. Frequent references. will be made here to Colorado conditions and adjudicated cases, but those conditions and cases and the conclusions to be drawn therefrom are equally applicable to all coal-mining states. Briefly stated, the question: is "Does the owner of the substrata or underlying mineral owe any duty of surface support to the owner of the superjacent strata or surface?" There is no absolute duty of support owed by the mineral owner and this assertion is made with full knowledge of numerous expressions to the contrary by courts of Pennsylvania, Illinois, Colorado and other coal-mining states. Whether or not any duty exists depends upon the circumstances surrounding each case, and since in the nature of things those circumstances are rarely identical, there can be no absolute rule.

Jan 1, 1927

The Library of the above-named Societies is open from 9 A. M. to 10 P. M. except on holidays. It contains about 70,000 volumes and 90,000 pamphlets, including sets of technical periodicals and publications of scientific and technical societies. Members of the Institute, with few exceptions, are forced to spend a portion of their time in localities isolated from sources of information. To these the Library, through its Library Service Bureau, can render valuable service through correspondence; letters requesting information will receive especial attention. The Library is prepared to furnish references, and photographic copies of articles on mining and metallurgical subjects; to determine the existence of mining maps, and to furnish general information on the geology and mineral resources of all countries. All communications should be made as definite as possible so that the information received may be what is desired and not include collateral matter which may not be of interest. The time spent in searching for such collateral matter will be saved, and the information will be sent more promptly and in more usable shape.

Jan 4, 1918