Section 11-A-4.11. Minerals, water, and other natural resources  


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  • (a)  To  the  extent  that  a  trustee  accounts  for receipts from an
      interest in  minerals  or  other  natural  resources  pursuant  to  this
      section, the trustee shall allocate them as follows:
        (1)  If received as a bonus, delay rental or annual rent on a lease, a
      receipt of less than one thousand dollars must be  allocated  to  income
      and  a receipt of one thousand dollars or more must be allocated fifteen
      percent to principal and eighty-five percent to income;
        (2) If received from a production payment, a receipt must be allocated
      to income  if  and  to  the  extent  that  the  agreement  creating  the
      production payment provides a factor for interest or its equivalent. The
      balance must be allocated to principal;
        (3)  If  received  as  a royalty, shut-in-well payment, or take-or-pay
      payment, a receipt must be allocated fifteen percent  to  principal  and
      eighty-five percent to income;
        (4)  If  an  amount  is  received from a working interest or any other
      interest not provided for in subparagraph (a)(1), (2), or (3), a receipt
      must be allocated fifteen percent to principal and  eighty-five  percent
      to income.
        (b)  An  amount  received  on  account of an interest in water that is
      renewable must be allocated to income. If the water  is  not  renewable,
      ninety  percent  of  the  amount  must be allocated to principal and the
      balance to income.
        (c) This article applies whether  or  not  a  decedent  or  donor  was
      extracting  minerals,  water,  or  other  natural  resources  before the
      interest became subject to the trust.
        (d) If a trust exists on the  effective  date  of  this  section,  the
      trustee  may  allocate  receipts from an interest in minerals, water, or
      other natural resources as provided in this section  or  in  the  manner
      used by the trustee before the effective date of this section. For every
      trust  created  after  the  effective  date of this section, the trustee
      shall allocate receipts from an interest in minerals,  water,  or  other
      natural resources as provided in this section. If and to the extent that
      the  terms  of  a  trust expressly provide for a different allocation of
      receipts or grants the trustee discretionary authority to determine  the
      amount  of  the  allocation,  this  section  shall  not  apply  to those
      receipts.