The Rule of Capture

EVERY producer of crude oil knows what is meant by the Rule or Law of Capture. It means that the ultimate ownership of a migratory substance such as oil is not determined until that substance is reduced to physical possession. Unless, therefore, the producer moves quickly to capture his share from the common pool, he may lose to any neighbor who is drilling and producing more rapidly than he a portion of the oil originally underlying his property. And there is no recourse open to him if his property is so drained. Under this rule it is obvious that the owner of an oil property, if he is to protect his' ownership, must be governed in his development and production policies by the activities of his neighbor rather than by his own business requirements. He must drill as densely and as fast as the other operators in the field or lose part of the oil to which he should be entitled.