methane drilling permits and the continued
viability of existing permits in Montana have been challenged in
lawsuits filed in state and federal court.
OPERATING HAZARDS AND INSURANCE
The natural gas and oil business involves
a variety of operating hazards and risks that could result in substantial
losses to us from, among other things, injury or loss of life, severe
damage to or destruction of property, natural resources and equipment,
pollution or other environmental damage, cleanup responsibilities,
regulatory investigation and penalties and suspension of operations.
In addition, we may be liable for environmental
damages caused by previous owners of property we purchase and lease.
As a result, we may incur substantial liabilities to third parties
or governmental entities, the payment of which could reduce or eliminate
the funds available for exploration, development or acquisitions
or result in the loss of our properties.
In accordance with customary industry
practices, we maintain insurance against some, but not all, potential
losses. We do not carry business interruption insurance or protect
against loss of revenues. We cannot assure you that any insurance
we obtain will be adequate to cover any losses or liabilities. We
cannot predict the continued availability of insurance or the availability
of insurance at premium levels that justify its purchase. We may
elect to self-insure if we believe that the cost of available insurance
is excessive relative to the risks presented. In addition, pollution
and environmental risks generally are not fully insurable. The occurrence
of an event not fully covered by insurance could have a material
adverse effect on our financial condition and results of operations.
We participate in a substantial percentage
of our wells on a nonoperated basis, and may be accordingly limited
in our ability to control the risks associated with natural gas
and oil operations.
TITLE TO PROPERTIES; ACQUISITION RISKS
We believe we have satisfactory title
to all of our producing properties in accordance with standards
generally accepted in the natural gas and oil industry. Our properties
are subject to customary royalty interests, liens incident to operating
agreements, liens for current taxes and other burdens which we believe
do not materially interfere with the use of or affect the value
of these properties. As is customary in the industry in the case
of undeveloped properties, we make little investigation of record
title at the time of acquisition (other than a preliminary review
of local records). Investigations, including a title opinion of
local counsel, are generally made before commencement of drilling
operations. Our revolving credit facility is secured by substantially
all of our natural gas and oil properties.
In acquiring producing properties, we
assess the recoverable reserves, future natural gas and oil prices,
operating costs, potential liabilities and other factors relating
to the properties. Our assessments are necessarily inexact and their
accuracy is inherently uncertain. Our review of a subject property
in connection with our acquisition assessment will not reveal all
existing or potential problems or permit us to become sufficiently
familiar with the property to assess fully its deficiencies and
capabilities. We may not inspect every well, and we may not be able
to observe structural and environmental problems even when we do
inspect a well. If problems are identified, the seller may be unwilling
or unable to provide effective contractual protection against all
or part of those problems. Any acquisition of property interests
may not be economically successful, and unsuccessful acquisitions
may have a material adverse effect on our financial condition and
future results of operations. See "Risk Factors -- Our future acquisitions
may yield revenues or production that varies significantly from
our projections."
CUSTOMERS
We sold oil and natural gas production
representing more than 10% of our oil and natural gas revenues for
the year ended December 31, 2003 to WMJ Investments Corp. (16%),
Cokinos Natural Gas Company (15%) and Gulfmark Energy, Inc. (14%);
for the year ended December 31, 2002 to Cokinos Natural Gas Company
(12%) and Discovery Producer Services, LLC (10%); and for the year
ended December 31, 2001 to Cokinos Natural Gas Company (17%). Because
alternate purchasers of oil and natural gas are readily available,
we believe that the loss of any of our purchasers would not have
a material adverse effect on our financial results.
EMPLOYEES
At December 31, 2003, we had 38 full-time
employees, including six geoscientists and six engineers. We believe
that our relationships with our employees are good.
In order to optimize prospect generation
and development, we utilize the services of independent consultants
and contractors to perform various professional services, particularly
in the areas of 3-D seismic data mapping, acquisition of leases
and lease options,
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