Gran Tierra's little pain

Gran Tierra is a TSX and NYSE listed E&P with a focus on Colombia. Its main assets are the Costayaco and Moqueta fields in the Putumayo Basin which accounted for 88% of the company’s Colombian NAR production of 18.4mboe/d in 2014. The company also has an exploration portfolio in Brazil (supported by minimal production of 900bbl/d NAR in 2014) and Peru. In March 2015, Gran Tierra announced that it was suspending development operations on the Bretana field in Peru following disappointing drilling results at the end of 2015; all reserves related to the development have now been re-categorised as contingent resources. Exploration activities are expected to continue in the Peru with outstanding commitments of USD160mm over the next three years.

Although the company’s flagship assets are performing strongly, there are two unwelcome pieces of information buried in the company’s 10-K filing – there is an overriding royalty on the Putumayo blocks and a legal claim filed by the ANH against Gran Tierra over royalties.

Gran Tierra entered Colombia in 2006 through the acquisition of Argosy Energy’s assets in the country (Santana, Guayuyaco, Chaza and Azar blocks). Gran Tierra increased its interests in certain assets through the subsequent acquisition of Solana Resources, most importantly, taking the interest in the Chaza block from 50% to 100% in 2008. The original interests in 2006 are subject to a third party overriding royalty under an agreement entered into between Gran Tierra and Crosby Capital in June 2006. The agreement also allows for Crosby Capital to convert its royalty into a net profit interest (“NPI”) in certain circumstances. As at the end of 2014, the following arrangements were in place with Crosby Capital:

·         10% NPI on the originally acquired 50% WI in the Costayaco and Moqueta fields which lie in the Chaza block

·         35% NPI on the 35% WI in the Juanambu field in the Guayuyaco block

·         Various overriding royalty on production in the Santana block and Guayuyaco field in the Guayuyaco block

The ANH has also filed a claim against Gran Tierra in relation to the HPR royalty. This is a royalty which is paid on top of normal royalties and is triggered when the oil sale price exceeds c.USD37/bbl and cumulative production from an exploitation area exceeds 5mmbbl. The HPR royalty affects Gran Tierra’s Costayaco and Moqueta fields which are separate exploitation areas, but lie within the same block (Chaza).

Given the two fields, Costayaco and Moqueta, are separate exploitation areas (with the company further emphasising that they are separate hydrocarbon accumulations), Gran Tierra is currently only paying the HPR royalty on the Moqueta field which has recovered in excess of 5mmbbl to date. As at the end of 2014, recovery on Costayaco had reached 4.2mmbbl and therefore Gran Tierra has not yet commenced the payment of HPR royalty on this field.

The ANH have taken a different interpretation of the Chaza contract and view that the 5mmbbl threshold should be applied to aggregate cumulative production across all exploitation contracts within the Chaza block, meaning that Costayaco would also be subject to the HPR royalty. The ANH has challenged Gran Tierra’s position with a claim of USD64mm in respect of Costayaco HPR royalties. Gran Tierra and its legal advisers do not view that the ANH claim will be successful and the company has not made a provision in its accounts for this potential liability.