78R5869 PJR-D

By:  Armbrister                                                 S.C.R. No. 22 



CONCURRENT RESOLUTION
	WHEREAS, Edmund and Ruben Kappler allege that:                                 

(1)  they are the owners of Pietsch Island and the 		surrounding ox-bow lake in Fayette County;
		(2)  in 1928, the state issued a patent covering the 
ox-bow lake, which was believed to be under the ownership of the 
state, to John Steffan, reserving the minerals under Chapter 79, 
Acts of the 36th Legislature, 2nd Called Session, 1919, with the 
landowners acting as its agent for leasing purposes and receiving 
one-half the bonus, rentals, and royalties;
		(3)  the ox-bow lake is now formally known as the John 
Steffan Survey, Abstract No. 357, Fayette County, Texas;
		(4)  in 1981, a vertical well (the Triangle K No. 1) was 
drilled on Pietsch Island that produced oil and gas for several 
years;
		(5)  in 2002, an interest in the well and the leases 
covering Pietsch Island were assigned to Anadarko E & P Company, 
L.P. (formerly RME Petroleum Company);
		(6)  Anadarko E & P Company, L.P., made a decision to 
re-enter the Triangle K Well as a horizontal well on a unit that 
includes Pietsch Island, the ox-bow lake, and a part of the active 
bed of the Colorado River, and it is now producing significant 
amounts of oil and gas;
		(7)  around the time of this decision, Anadarko E & P 
Company, L.P., requested a title opinion of a law firm as to the 
status of the 1928 patent of the John Steffan Survey;
		(8)  in the title examiner's opinion, the patent issued 
by the state is invalid due to the state's lack of title in the 
ox-bow lake at the time of conveyance, because in instances such as 
this where there was a sudden breakthrough of a public stream into a 
new channel, title to the bed of the abandoned channel passes from 
the state to the adjoining landowners;
		(9)  based on this opinion, Anadarko E & P Company, 
L.P., has placed in suspense payment of one-half of the royalties 
from the re-entry well that are attributable to the John Steffan 
Survey;
		(10)  the state patent covering the John Steffan Survey 
is invalid and that the Kapplers own the land constituting the John 
Steffan Survey and the minerals located thereunder in fee simple; 
and
		(11)  the Kapplers are entitled to declaratory relief 
in accordance with Chapter 37, Civil Practice and Remedies Code, 
and Anadarko E & P Company, L.P., is entitled to interplead the 
royalty payments affected by the title issue into the registry of 
the court pursuant to Rule 43, Texas Rules of Civil Procedure; now, 
therefore, be it
	RESOLVED by the Legislature of the State of Texas, That 
Edmund and Ruben Kappler are granted permission to sue the State of 
Texas and the General Land Office subject to Chapter 107, Civil 
Practice and Remedies Code; and, be it further
	RESOLVED, That the relief obtained in the suit authorized by 
this resolution is limited to the relief authorized under Chapter 
37, Civil Practice and Remedies Code; and, be it further
	RESOLVED, That, in the suit authorized by this resolution, 
Anadarko E & P Company, L.P., may interplead royalty payments 
affected by the title issue that is the subject of the suit in 
accordance with Rule 43, Texas Rules of Civil Procedure; and, be it 
further
	RESOLVED, That the commissioner of the General Land Office be 
served process as provided by Section 107.002(a)(3), Civil Practice 
and Remedies Code.