Due to the low oil price during 1997 and 1998 the Oklahoma Legislature passed the Economically At-Risk provision which allowed oil and gas operators to receive a gross production tax refund on any oil well that lost money on a working interest level. While this provision was to help keep oil wells from being shut-in due to them being uneconomical gas wells would also qualify if they produced a gas to oil ratio of 15 to 1 or less.
Due to the high price of oil and gas starting in 2005 many of Oklahoma's gross production tax refund incentives were blacked out. The Oklahoma Legislature brought back the Economically At-Risk provision in 2005 in an effort to provide relief to operators who had wells that were losing money on a working interest level despite the higher oil and gas prices.
The price caps associated with many of Oklahoma's other gross production tax refund incentives due not apply to the Economically At-Risk provision. Refunds as far back as 1997 can still be obtained to this day.
Petroleum Accounting Consultants Managing Member Sean M. Hugo, CPA discuss Economically At-Risk refunds claims at a recent Oklahoma Marginal Well Commission seminar.