Garman v. Conoco, Inc.

specially concurring:

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

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 royalty interest is silent as to how post-production costs are to be borne?

The answer to the certified question is no.…