RECORD OF PROCEEDINGS

 

October 29, 2001

 

            The Oil and Gas Conservation Commission met on October 29th at 10:00 a.m. in Suite 801, the Chancery Building, 1120 Lincoln Street, Denver, Colorado, for a hearing in Cause Nos. 112, 113, 316 and 317.

 

            Those present were:

 

                        Stephen Sonnenberg           Chair

                        Tom Ann Casey                    Commissioner

                        Michael Klish                         Commissioner

Peter Mueller                         Commissioner

                        Abe Phillips                           Commissioner

                        Lynn Shook                            Commissioner

Carol Harmon                        Assistant Attorney General

                        Rich Griebling                        Director

Brian Macke                          Deputy Director

                        Patricia Beaver                     Hearings Manager

 

The Commission unanimously approved the minutes from the August 2001 meeting.

 

Executive Director’s Report: Shane Henry, Assistant Director, Department of Natural Resources discussed the following:  He is pleased to be with the Department and welcomed new Commissioners Mueller and Shook; Lyle Lafferty, new Director for Parks should be on board by December 1st; the process to hire a new Land Board Director is ongoing but should be completed within the next several months; a new report on the health of trees in Colorado is forthcoming.

 

Director’s Report:  Director Griebling provided a written report and discussed the following:  The number of permits approved to date has dropped off slightly but is expected to resume the projected pace for the remainder of the year; the next Northwest Oil and Gas Forum will be held on November 15th; Brian Macke addressed the Colorado Association of Soil Conservation Districts on October 4th, with field inspector Linda Pavelka present.  Changes have been proposed to Order Nos. 112-156 and 112-157 regarding frequency of GORT meetings and onsite inspection requirements.  After discussion and comments from the audience, the Commission agreed that the Director should grant a variance under Rule 502.b. to make the proposed changes.  A new inspector for southeast Colorado is expected to be hired soon.  The frequency of the WQCC/WQCD/OGCC meetings has changed from four to two each year.  COGCC staff has a rulemaking hearing at the WQCC on December 10th.  Welcome to Shannon Haliw who joined the staff on September 10th as the new Administrative Assistant.  The well log imaging project is almost complete and many logs are available on the COGCC website.   The staff has proposed a policy for Commission adoption to address plugged and abandoned wells and E&P waste encountered by surface development projects.  A discussion on the policy will be noticed for the December hearing and notice will be given to homebuilders’ groups.  Variances as described in the staff report were granted by the Director.  The Commission approved the 2002 hearing schedule.

 

AAG’s Report:  Assistant Attorney General Harmon responded to Commissioner questions regarding whether the Commission has authority over surface developers encroaching on oil and gas operations.  She stated that it is clear the Commission has broad authority over oil and gas operations but it is less clear that the authority extends to surface developers encroaching on oil and gas operations.  She requested a motion under §24-6-402(3)(a)(11). C.R.S., 2001 to go into executive session to discuss pending litigation.  The Commission voted unanimously to go into and come out of executive session.

 

Commissioner Comments:  Commissioners Shook and Mueller introduced themselves and provided a brief background on their education and experience.  Chair Sonnenberg expressed his gratitude for the years of service Commissioner Bruce Johnson gave the Commission and the state of Colorado.  He stated that Commissioner Klish will replace former Commissioner Johnson as the Commission representative for the WQCC/WQCD/OGCC meetings and that Commissioner Cree will replace former Commissioner Johnson on the MEGA Board.

 

            Review of Trinidad Area Earthquake Study:  Mark Meremonte made a presentation on the current results from the U.S.G.S. earthquake study.  Questions were answered by Art Frankel, U.S.G.S. and Vince Matthews, C.G.S.  The U.S.G.S. cannot determine the cause of the earthquakes.  The Commission would like to be updated if a cause is determined and noted that the number and magnitude of the earthquakes is diminishing. Chair Sonnenberg suggested the COGCC staff perform a quick review of earthquake activity prior to permitting injection wells.

 

Audience Comments:  Ken Wonstolen, Colorado Oil and Gas Association (“COGA”) invited the new Commissioners to COGA’s annual meeting on November 7th as previous invitations were extended to existing Commissioners.  He updated the Commission on the following:  pending federal energy legislation; possible state legislation for the 2002 session to designate oil and gas development areas, address dormant minerals, completely fund the COGCC from severence taxes, possible surface damages bill, possible COGCC Commissioner make-up bill and possible bill to handle surface and subsurface conflicts.  Mr. Wonstolen also updated the Commission on COGA’s litigation in the Town of Frederick, five counties’ Rule 303.a. litigation, and the Las Animas County litigation.

 

            Cause No. 1, Docket No. 0108-GA-06, request by Apache Canyon Gas, LLC for an order for payment from Evergreen Resources, Inc. for proceeds from the W½ SE¼ and NE¼ SE¼ of Section 27, Township 33 South, Range 66 West, 6th P.M. was withdrawn.

 

            Cause No. 1, Docket No. 0108-EX-04, request by Prima Oil & Gas Company for an order allowing the drilling of the Eaton Cattle No. 19-21 Well at an exception location 282.9 feet from the north line and 2765.72 feet from the east line of Section 19, Township 4 North, Range 66 West, 6th P.M. was withdrawn.

 

                        Cause No. 112, Docket No. 0110-EX-05, request by Texaco Exploration and Production Company for an order allowing the drilling of the Wheeler No. 13-4 Well at an exception location 475 feet from the north line and 1670 feet from the east line in the NW¼ NE¼ of Section 13, Township 34, Range 10 West, 6th P.M. for production from the Fruitland Coal Formation was withdrawn.

 

Consent Agenda:  The Commission unanimously approved the consent agenda, which included the following:

 

Cause No. 316, Docket No. 0110-AW-09, request by Rosewood Resources, Inc. to allow additional wells to be drilled on certain lands in Township 2 North, Ranges 46 and 47 West and Township 4 North, Range 66 West, 6th P.M. for production from the Niobrara Formation.

 

Cause No. 317, Docket No. 0110-AW-10, request by Rosewood Resources, Inc. to allow additional wells to be drilled on certain lands in Township 3 North, Range 47 West, 6th P.M. for production from the Niobrara Formation.

 

Cause No. 113, Docket No. 0110-SP-03, request by Beartooth Oil and Gas Company to rescind the spacing in the W½ of Section 23, Township 8 North, Range 90 West and to establish 160-acre spacing in Sections 13, 14, 24 and the W½ of 23, Township 8 North, Range 90 West, 6th P.M. for production from the Lewis Formation.

 

Cause No. 112, Docket No 0110-GA-09, request by Texaco Exploration and Production Company to allow the Wheeler No. 12U-4 Well to be located 1335 feet from the north line and 1070 feet from the east line in the SE¼ NE¼ of Section 12U, Township 34 North, Range 10 West, N.M.P.M., within one and one-half miles of the outcrop contact between the Fruitland and Pictured Cliffs Formation.

 

The meeting adjourned at 12:05 p.m.

            ==============================================

The Secretary was therefore authorized to issue the following orders:

 

Order No. 316-6, Shout Field, Yuma County:  Approves the request by Rosewood Resources, Inc. for an order to allow additional wells to be drilled on certain lands in Township 2 North, Ranges 46 and 47 West and Township 4 North, Range 66 West, 6th P.M. for production of gas and associated hydrocarbons from the Niobrara Formation.

 

            Order No. 317-6, Whisper Field, Yuma County:  Approves the request by Rosewood Resources, Inc. to allow additional wells to be drilled on certain lands in Township 3 North, Range 47 West, 6th P.M. for production of gas and associated hydrocarbons from the Niobrara Formation.

 

            Order No. 113-7, Craig-North Field, Moffat County:  Approves the request by Beartooth Oil and Gas Company to rescind the spacing in the W½ of Section 23, Township 8 North, Range 90 West and to establish 160-acre spacing in Sections 13, 14, 24 and the W½ of 23, Township 8 North, Range 90 West, 6th P.M. for production of gas,j and associated hydrocarbons from the Lewis Formation.

 

                        Order No. 112-161, Ignacio-Blanco Field, La Plata County:  Approves the request by Texaco Exploration and Production Company to allow the Wheeler No. 12U-4 Well to be located 1335 feet from the north line and 1070 feet from the east line in the SE¼ NE¼ of Section 12U, Township 34 North, Range 10 West, N.M.P.M., within one and one-half miles of the outcrop contact between the Fruitland and Pictured Cliffs Formation.

 

 Signed:

               

  Patricia C. Beaver, Secretary

 

 

Approved:

 

Stephen Sonnenberg, Chair