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GARMAN v. CONOCO, INC.

No. 94SA191.

886 P.2d 652 (1994)

James P. GARMAN, Robert D. Garman, and Mark Bruce Garman, Plaintiffs, v. CONOCO, INC., Defendant.

Supreme Court of Colorado, En Banc.

December 5, 1994.

Attorney(s) appearing for the Case

Dufford, Waldeck, Milburn & Krohn, William H.T. Frey, Flint B. Ogle, Grand Junction, for plaintiffs.

Davis, Graham & Stubbs, Charles L. Kaiser, Clyde O. Martz, Anthony J. Shaheen, Denver, for defendant.

Robin Stead & Associates, P.C., Robin Stead, Donald F. Heath, Jr., Norman, OK, amicus curiae for Nat. Ass'n of Royalty Owners.

Bjork, Seavy, Lindley & Danielson, P.C., Laura Lindley, Denver, amicus curiae for Rocky Mountain Oil and Gas Ass'n.

McDaniel, Baty & Miller, G.R. Miller, Durango, amici curiae for Richard Parry, Linda Parry, Petrogulf Corp., a Colorado corp., Douglas Cameron McLeod, Evelyn L. Payne, David G. Groblebe, Elizabeth A. Groblebe, RDG, Inc., a Colorado corp., and Harry E. Fassett, Lavaun Wilde and Jack W. Fassett, as Trustees of the Fassett Family Trust.

Chief Justice ROVIRA delivered the Opinion of the Court.

The following question of law was certified to this court by the United States District Court for the District of Colorado in accordance with C.A.R. 21.1:

Under Colorado law, is the owner of an overriding royalty interest in gas production required to bear a proportionate share of post-production costs, such as processing, transportation, and compression, when the assignment creating the overriding...

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