BEFORE THE OIL AND GAS CONSERVATION COMMISSION
OF THE STATE OF COLORADO
IN THE MATTER OF ALLEGED VIOLATIONS OF THE ) CAUSE NO. 1V
RULES AND REGULATIONS OF THE COLORADO OIL )
AND GAS CONSERVATION COMMISSION BY ) ORDER NO. IV-273
ENCANA OIL & GAS (USA) INC., )
RIO BLANCO COUNTY, COLORADO )
ADMINISTRATIVE ORDER BY CONSENT
2. The APD for the Well specified the objectives as the Entrada and Dakota Formations. The APD was approved by the COGCC Director for the Entrada and Dakota Formations only. The Well was completed in the Dakota Formation on December 31, 1999 and later sold to EnCana Oil and Gas (USA) Inc. (“EnCana”) on July 1, 2002.
5. On May 3, 2004, COGCC staff received from EnCana the Form 2 for recompletion of the Park Mountain #9027 Well (previously known as #2-2-3-104) and a letter explaining their actions. The letter stated that EnCana “did not understand that our data gathering expedition to obtain a permeability measurement in the Williams Fork constituted a recomplete of the Williams Fork which required approval of a State of Colorado Form 2.” They further stated “We simply did not understand that a Form 2 was required from the State for these operations conducted on Federal lands.”
6. For the unauthorized completion of the William Fork Formation in the Park Mountain #9027 Well, EnCana should be found in violation of Rule 303.b., failure to have an approved Application for Permit to Recomplete to the Williams Fork Formation.
7. Rule 523. specifies a base fine of One Thousand dollars ($1,000) per day for each violation of Rule 303. The time of the violation is approximately three hundred (300) days.
8. A monetary penalty of Ten Thousand dollars ($10,000.00) should be assessed against EnCana, in accordance with Rule 523.d., for violation of Rule 303.b. An aggravating factor in determining the fine recommendation under Rule 523.d.(1) is the violation was reckless.
9. EnCana should plug and abandon the Park Mountain #9027 Well within thirty (30) days of the date the order is approved.
ORDER
IT IS FURTHER ORDERED, that EnCana Oil and Gas (USA) Inc. shall be assessed a fine of Ten Thousand dollars ($10,000.00) payable within thirty (30) days of the date the order is approved by the Commission for the above violation.
IT IS FURTHER ORDERED, that EnCana Oil and Gas (USA) Inc. shalll plug and abandon the Park Mountain #9027 Well within thirty (30) days of the date the order is approved.
IT IS FURTHER ORDERED, that the provisions contained in the above order shall become effective forthwith
IT IS FURTHER ORDERED, that the Commission expressly reserves its right after notice and hearing, to alter, amend, or repeal any and/or all of the above orders.
IT IS FURTHER ORDERED, that under the State Administrative Procedure Act the Commission considers this order to be final agency action for purposes of judicial review within thirty (30) days after the date this order is mailed by the Commission.
IT IS FURTHER ORDERED, that an application for reconsideration by the Commission of this order is not required prior to the filing for judicial review.
Recommended this day of May, 2004.
OIL AND GAS CONSERVATION COMMISSION
By
Morris J. Bell, Hearing Officer
Dated at Suite 801
1120 Lincoln Street
Denver, Colorado 80203
May 25, 2004
AGREED TO AND ACCEPTED THIS _________DAY OF May, 2004.
ENCANA ENERGY RESOURCES INC.
By ____________________________________________
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