1. (a) A mineral interest is considered to be used when:

   1. (1) minerals are produced under the mineral interest;
   2. (2) operations are conducted on the mineral interest for injection, withdrawal, storage, or disposal of water, gas, or other fluid substances;
   3. (3) rentals or royalties are paid by the owner of the mineral interest for the purpose of delaying or enjoying the use or exercise of the rights;
   4. (4) a use described in subdivisions 1 through 3 is carried out on a tract with which the mineral interest may be unitized or pooled for production purposes;
   5. (5) in the case of coal or other solid minerals, there is production from a common vein or seam by the owners of the mineral interest; or
   6. (6) taxes are paid on the mineral interest by the owner of the mineral interest.

2. (b) A use under or authorized by an instrument that creates a mineral interest continues in force all rights granted by the instrument.

   [Pre-2002 Recodification Citation: 32-5-11-3.]

As added by P.L.2-2002, SEC.8.