REPORT OF THE COMMISSION

This cause came on for hearing before the Commission on April 20, 1976 at 9 a.m., in Room 532, State Services Building, Denver, Colorado, after giving Notice of Hearing as required by law, on the application of Gulf Oil Company, for an order to amend Order No. 285-2 and make the effective date of said Order December 20, 1973.

FINDINGS The Commission finds as follows:

1. That due notice of the time, place and purpose of the hearing has been given in all respects as required by law.

2. That on January 20, 1976, the Commission issued its Order No. 285-2 which pooled all interests in the drilling unit consisting of the NE1/4 Section 34 and the NW1/4 Section 35, Township 6 South, Range 104 West, and the drilling unit consisting of the SE1/4 Section 34 and the SW1/4 Section 35, Township 6 South, Range 104 West, 6th P.M., South Canyon Area, Garfield County, and that the effective date of the order establishing the pooling is November 18, 1975.

3. That a civil action has been commenced in the United State District Court for the District of Colorado, wherein the applicant herein is requesting said court to declare this Commission's Order No. 285-2 unreasonable, unjust, arbitrary and capricious and violative of the Constitutional rights of said applicant as guaranteed in the Fifth and Fourteenth Amendments to the United States Constitution.

4. That by the institution of such action, the jurisdiction of this Commission to further consider the application herein is withdrawn.

ORDER

NOW, THEREFORE, IT IS ORDERED, that the application of Gulf Oil Company, requesting that Order No. 285-2 be amended to make the effective date of said order December 20, 1973, is hereby dismissed.

ORDERED this 20th day of April, 1976. OIL AND GAS CONSERVATION COMMISSION OF THE STATE OF COLORADO

By Frank J Piro, Secretary