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North Dakota mineral owners say oil companies unfairly keep millions from checks without oversightPublic officials have refused to take action for years, which some attribute to the industry’s outsize influence on the stateBY:JACOB ORLEDGE AND PHOTOGRAPHY BY SARAHBETH MANEY, PROPUBLICA-AUGUST 4, 2025This article was produced for ProPublica’s Local Reporting Network in partnership with the North Dakota Monitor. Sign up for Dispatches to get stories in your inbox every week. For more than half a century, Diana Skarphol’s family received a check every month from the company that drilled the first successful oil well in North Dakota on their land in 1951. The checks, from the company that became Hess Corp., were straightforward. Her family, which owns the oil and gas underground, received a percentage of the revenue generated from the company’s sale of the minerals, called a royalty. But in April 2015, when she opened that month’s check and looked at the accompanying statement detailing her share, she noticed for the first time that a significant portion of the payment had been deducted. About 35% of what she thought she was owed was gone, and she didn’t know why. She was so taken aback that she called her husband, Bob Skarphol, a state lawmaker on the verge of retirement, as he drove from the Capitol in Bismarck to their home in Tioga, a small community in the oil-rich Bakken in the western part of the state. “Why are there minuses?” Diana Skarphol recalls asking. “Rather than being added in, things were being subtracted. I was puzzled and confused.” | ![]() They can’t get answers from the oil industry. North Dakota’s oversight program hasn’t helped.Program has not resolved a single case related to royalty deductionsThis article was produced for ProPublica’s Local Reporting Network in partnership with the North Dakota Monitor. Sign up for Dispatches to get stories in your inbox every week. One morning in February 2023, a small group of mineral owners arrived at the North Dakota Capitol on a mission. They had traveled from across the state and other parts of the country to explain to lawmakers how the powerful oil and gas companies had been chipping away at their income. It’s not easy to recruit people to testify during the winter months of the legislative session. Ranchers are busy with the calving season. Snowbirds have relocated to warmer climates. It’s a more than three-hour drive for those living in the Bakken oil field. But those who made it to Bismarck lined up at a podium to share details of their own experiences and the broader concerns affecting the estimated 300,000 people who receive money from the industry in exchange for the right to their underground minerals. For nearly a decade, they had grappled with companies withholding significant portions of their royalty payments without explaining how they determined how much to deduct, as the North Dakota Monitor and ProPublica reported last week. Now they were at the Capitol for a specific reason: They wanted legislators to require companies to provide more information so owners could discern if they were being paid correctly, and to impose penalties if companies failed to comply. Shane Leverenz, who manages income his extended family receives from numerous oil wells, read aloud email responses from companies to illustrate the lack of cooperation mineral owners face when they request information. “We are not obligated to mail each owner a calculation as to how their interest was calculated,” one company wrote. | Some states restrict the oil industry from taking mineral owners’ earnings. Not North Dakota.This article was produced for ProPublica’s Local Reporting Network in partnership with the North Dakota Monitor. Sign up for Dispatches to get stories in your inbox every week. Millions of Americans own the rights to oil and gas underground. When they’re approached by an energy company to lease out those rights, they’re offered a cut of the revenue, called a royalty. “Royalties saved our place,” said James Horob, a farmer in northwest North Dakota, who used oil royalties to rescue his family’s farm from bankruptcy in 2008 and replace equipment that had been auctioned off. “We’re lucky to have what we got.” However, the royalty income that mineral owners like Horob get can depend in part on the state where they live. In North Dakota, estimates show that in recent years companies have been deducting hundreds of millions of dollars annually to help cover the costs incurred once oil and gas leave the ground on their way to being sold. North Dakota officials have not stepped in to help royalty owners, even though the state, in its own leases, has explicitly prohibited oil and gas companies from taking deductions from government royalty payments since 1979, as the North Dakota Monitor and ProPublica reported this month. “It’s tough to think that there isn’t some better solution out there than what we currently have,” said Aaron Weber, a Watford City-based attorney who represents mineral owners in North Dakota. In contrast to North Dakota, at least seven oil-and-gas-producing states have taken either legislative or judicial action to restrict the costs that can be deducted from royalty owners’ checks. Here are the key ways North Dakota differs from these other states when it comes to protecting the interests of royalty owners: |
Royalty oversight program information |
ombudsman programThe North Dakota Department of Agriculture's royalty oversight program connects royalty owners and well operators with an independent ombudsman to provide assistance with royalty payment issues. Complete information regarding the program can be found at: https://www.ndda.nd.gov/divisions/administrative-services/royalty-oversight-program There is a form that must be filled out which can be accessed at: https://www.ndda.nd.gov/royalty-oversight-program-request If you have questions on the program you can call the special programs line at (701) 328-5110 and select option 1 or email royaltyoversight@nd.gov The Royalty Oversight Coordinator is Jim Hansen and he may be reached at (701) 328-1661. | We would like your feedbackThe WBROA introduced a bill in the 2023 legislative session to provide more transparency from oil companies regarding royalty payments. The industry worked with certain legislators to completely rewrite the bill without any input from us. The result was the Royalty Oversight Program. Not a single word was left in the bill that we introduced. Given the circumstances in the creation of the program, the association believes it should be closely monitored to confirm royalty owners are being treated fairly. If you submit a request to the Ombudsman, please send an email to info@wbroa.com and let us know your experience working with the program. If it is found that the Ombudsman is unfairly siding with the oil companies we need to gather information and take appropriate steps to ensure the interests of royalty owners in North Dakota are being represented as promised in the legislative session. | Help Spread the NewsBecome a member of the Williston Basin Royalty Owners Association We are exploring options for ways to protect the rights of mineral owners against the ever growing deductions being taken by the industry from royalty payments. Working with the legislature will require a different approach if that path is chosen. An initiated measure would bypass industry influence over the contents of a bill. Legal action is another avenue that could be pursued if the right information were gathered. Please forward information about the WBROA to your friends and relatives that own mineral rights. The WBROA Facebook group can be accessed at: |
Mission
The mission of WBROA is to educate and encourage Williston Basin Royalty Owners to engage with statewide elected officials, legislators and members of the Judiciary for purpose of providing insight into the expectations of their constituency. | PurposeThe purpose of WBROA is to help enable Royalty Owners to develop the skillset to comfortably communicate their frustrations and expectations when discussing the treatment of the royalty payment issues in question. |
UPCOMING EVENTS
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It’s All About Numbers and PeopleSCR 4010 provides for an interim study of post production deductions from royalty payments. With an extremely small number of legislators receiving oil royalties we have a large job ahead of us to educate the interim committee. It will be “all” about numbers. We must show and convince the interim Energy and Natural Resources members of what we believe are the inadequacies of the treatment of our interests. How do we accomplish that task? It's crucial that we communicate the huge financial losses to royalty owners and the taxpayers of North Dakota due to these Postproduction costs. Read More |