BEFORE THE OIL AND GAS CONSERVATION COMMISSION
OF THE STATE OF
RULES AND
REGULATIONS OF THE OIL ) CAUSE NO. 1
AND GAS
CONSERVATION COMMISSION )
OF THE
STATE OF
TO ALL
INTERESTED PARTIES AND TO WHOM IT MAY CONCERN:
The Oil and Gas
Conservation Commission, on its own motion, will consider proposed amendments
to its Rules and Regulations affecting the below-listed Rules:
303.d. Form 2/2A application and copies to local
governmental designees. In addition
to the above, an applicant filing a Permit-to-Drill, Form 2, shall also attach
a completed Form 2A, except that the Form 2A shall not be required on federal
or Indian owned surface lands when a Federal 13 Point Surface Use Plan is
included. The Form 2A requires the
attachment of a minimum of two (2) color photographs; one (1) of the staked
location and one (1) of the existing or proposed access road. Each photograph shall be identified by: date
taken, well name, location and direction of view. Permit-to-Drill, Form 2, shall be filed with
the Director in triplicate for wells on all patented, state and federal surface
lands. A single, seven
(7) TEN (10) days after the date on which the Permit-to-Drill, Form 2 was
sent to the local government designee(s) by the Director. The Director shall take no action with
respect to the Permit-to-Drill, Form 2, prior to the expiration of the seven (7) TEN (10)seven (7)
TEN (10)seven (7) TEN (10) day period, the local
government designee shall be granted an extension of up to TWENTY (20)
additional days to consider the application.
IF, PRIOR TO THE EXPIRATION OF THE COMMENT PERIOD PROVIDED HEREIN AND
AFTER PARTICIPATION IN AN ONSITE CONSULTATION UNDER RULE 306.A.(3), THE LOCAL
GOVERNMENTAL DESIGNEE FILES AN APPLICATION FOR HEARING ON THE PERMIT-TO-DRILL,
FORM 2, UNDER RULE 503.B.(6), ALLEGING SIGNIFICANT IMPACTS ON PUBLIC HEALTH,
SAFETY AND WELFARE, INCLUDING THE ENVIRONMENT, THE DIRECTOR SHALL WITHHOLD THE
ISSUANCE OF SUCH PERMIT AND THE PROVISIONS OF RULE 303.K. SHALL APPLY.
303.k. Withholding Permit-to-Drill, Form 2,
approval. The Director may withhold the issuance of a permit and the granting
of approval of any Permit-to-Drill, Form 2, for any proposed well when, based
on information supplied by a surface owner or local governmental designee,
or by staff analysis, and where appropriate as confirmed by an onsite
inspection, the Director has reasonable cause to believe that a proposed well
location raises significant concerns regarding potential SIGNIFICANT adverse
impacts to public health, safety and welfare, INCLUDING THE ENVIRONMENT. IF SUCH REQUEST IS MADE BY A LOCAL
GOVERNMENTAL DESIGNEE UNDER RULES 303.D. AND 503.B.(6), SUCH APPLICATION SHALL
BE GRANTED AND THE DIRECTOR SHALL WITHHOLD ISSUANCE OF THE PERMIT-TO-DRILL,
FORM 2, UNLESS THE LOCAL GOVERNMENT HAS BEEN DISQUALIFIED FROM MAKING SUCH
REQUEST UNDER RULE 501.B. ANY HEARING
GRANTED PURSUANT TO THIS RULE SHALL BE EXPEDITED AND THE MATTER SHALL BE HEARD
AT THE NEXT SCHEDULED COMMISSION HEARING, AND ALL PARTIES SHALL BE DEEMED TO
HAVE WAIVED ANY NOTICE REQUIREMENTS TO THE CONTRARY. In the event such approval is not granted,
when requested by the operator, the Director shall ask the Commission to issue
an emergency order under Rule 502.a. suspending approval of the Permit-to-Drill
for such well and setting the matter for the next hearing. The Director shall use best efforts to notify
the applicant, local governmental designee, surface owner and other interested
parties as applicable of such request in order that such parties may
participate in the Commission’s emergency consideration of the matter.
503.b.(6). All
Other Proceedings Commenced by Filing an Application FOR PURPOSES OF SEEKING A HEARING ON A
PERMIT-TO-DRILL, FORM 2, UNDER RULES 303.D. AND 303.K., THE RELEVANT LOCAL
GOVERNMENT SHALL BE THE APPLICANT, AND THE HEARING SHALL BE CONDUCTED IN
SIMILAR FASHION AS IS SPECIFIED IN RULE 508. WITH RESPECT TO A PUBLIC ISSUES HEARING. IT SHALL BE THE BURDEN OF THE LOCAL
GOVERNMENT APPLICANT TO BRING FORWARD EVIDENCE SUFFICIENT FOR THE COMMISSION TO
MAKE THE PRELIMINARY FINDINGS SPECIFIED IN SUBSECTION J OF RULE 508. AT THE
OUTSET OF SUCH HEARING.
(6 7) For purposes of seeking relief or a ruling
from the Commission on any other matter not described in (1) through (5 6) above, only persons who can
demonstrate that they are directly and adversely affected or aggrieved by the
conduct of oil and gas operations or an order of the Commission and that their
interest is entitled to legal protection under the act may be an applicant.
Minor
modifications to the rules proposed above may be made at the time of hearing.
NOTICE IS
HEREBY GIVEN, that the Oil and Gas Conservation Commission of the State of
Date:
Time:
Place:
Copies of the current Rules and Regulations
are available on the Commission Internet homepage or at the office of the Oil
and Gas Conservation Commission,
Written comments on the proposed rule
amendments to be considered are requested to be submitted by
Pursuant to said hearing, in the
above-entitled matter at the time and place aforesaid, or at any adjourned
meeting, the Commission will enter its order adopting such policies and
guidelines as in its judgment the facts may justify.
IN THE NAME OF THE STATE OF
OIL AND GAS CONSERVATION COMMISSION
OF THE STATE OF
By____________________________________
Patricia C. Beaver, Secretary
Dated at
January 10,