BEFORE THE OIL AND GAS
CONSERVATION COMMISSION
OF THE STATE OF COLORADO
|
IN THE MATTER OF THE PROMULGATION AND ESTABLISHMENT OF FIELD RULES TO GOVERN OPERATIONS FOR THE NIOBRARA AND CODELL FORMATIONS, WATTENBERG FIELD, WELD COUNTY, COLORADO |
) |
CAUSE NO. 407 DOCKET NO. 161200521 TYPE: POOLING ORDER NO. 407-1850 |
REPORT OF THE COMMISSION
The Commission heard this matter on December 12, 2016, at the Colorado Oil and Gas Conservation Commission, 1120 Lincoln Street, Suite 801, Denver, Colorado, upon application for an order to pool all interests within two approximate 720-acre horizontal wellbore spacing units and one approximate 360-acre horizontal wellbore spacing unit, established for portions of Sections 23, 26, and 35, Township 1 North, Range 67 West, 6th P.M., for the drilling of the Garfield 37N-35HZ Well, Meese 37C-35HZ Well, and Meese 16N-35HZ Well, for the development and operation of the Niobrara and Codell Formations.
FINDINGS
The Commission finds as follows:
1. Kerr-McGee Oil & Gas Onshore LP (Operator No. 47120) (“Kerr-McGee” or “Applicant”) is an interested party in the subject matter of the above-referenced hearing.
2. Due notice of the time, place and purpose of the hearing has been given in all respects as required by law.
3. The Commission has jurisdiction over the subject matter embraced in said Notice, and of the parties interested therein, and jurisdiction to promulgate the hereinafter prescribed order pursuant to the Oil and Gas Conservation Act.
4. On April 27, 1998, the Commission adopted Rule 318A, the Greater Wattenberg Area Special Well Location, Spacing and Unit Designation Rule. Sections 23, 26, and 35, Township 1 North, Range 67 West, 6th P.M. are subject to this Rule for the Niobrara and Codell Formations.
5. On February 19, 1992 (amended August 20, 1993), the Commission entered Order No. 407-87 which established 80-acre drilling and spacing units for the production of oil, gas and associated hydrocarbons from the Niobrara and Codell Formations, with the permitted well locations in accordance with the provisions of Order No. 407-1. Sections 23, 26, and 35, Township 1 North, Range 67 West, 6th P.M. are subject to this Order for the Niobrara and Codell Formations.
6. On October 13, 2016, Kerr-McGee, by its attorneys, filed a verified application (“Application”) pursuant to §34-60-116, C.R.S., for an order to pool all interests in two approximate 720-acre horizontal wellbore spacing units and one approximate 360-acre horizontal wellbore spacing unit established for the below-described lands (“Application Lands”), for the development and operation of the Niobrara and Codell Formations, and to subject any nonconsenting interests to the cost recovery provisions of §34-60-116(7), C.R.S., effective as of the date of the Application, or the date the costs specified in §34-60-116(7)(b), C.R.S., are first incurred for the drilling of the Garfield 37N-35HZ Well (API No. 05-123-42575), Meese 37C-35HZ Well (API No. 05-123-42539), and Meese 16N-35HZ Well (API No. 05-123-42540) (“Wells”):
Township 1 North, Range 67 West, 6th P.M.
Section
23: S½SE¼
Section 26: E½
Section 35: E½
Wellbore
Spacing Unit (“WSU”) Nos. 1 and 2 – 720 acres
Garfield
37N-35HZ well (Niobrara Formation)
Meese 37C-35HZ well (Codell Formation)
Township 1 North, Range 67 West, 6th P.M.
Section
23: SE¼SE¼
Section 26: E½E½
Section 35: E½E½
WSU
No. 3 – 360 acres
Meese 16N-35HZ
well (Niobrara Formation)
7. On November 21, 2016, Kerr-McGee, by its attorneys, filed with the Commission a written request to approve the Application based on the merits of the verified Application and the supporting exhibits. Sworn written testimony and exhibits were submitted in support of the Application.
8. Land testimony and exhibits submitted in support of the Application by Nancy McDonald, Staff Landman for Kerr-McGee, showed that all non-consenting interest owners were notified of the Application and received an Authority for Expenditure ("AFE") and offer to participate in the Wells. Further testimony concluded that the AFE sent by the Applicant to the interest owners was a fair and reasonable estimate of the costs of the proposed drilling operation and was received at least 35 days prior to the December 12, 2016 hearing date.
9. Land testimony showed the Applicant complied with the requirements of Rule 530, and is entitled to the cost recovery provisions pursuant to §34-60-116(7), C.R.S., for the Garfield 37N-35HZ Well, Meese 37C-35HZ Well, and Meese 16N-35HZ Well.
10. The above-referenced testimony and exhibits show that granting the Application will allow more efficient reservoir drainage, will prevent waste, will assure a greater ultimate recovery of hydrocarbons, and will not violate correlative rights.
11. Kerr-McGee agreed to be bound by oral order of the Commission.
12. Based on the facts stated in the verified Application, having received no protests, and based on the Hearing Unit review of the Application under Rule 511., the Commission should enter an order to pool all interests within two approximate 720-acre horizontal wellbore spacing units and one approximate 360-acre horizontal wellbore spacing unit, established for portions of Sections 23, 26, and 35, Township 1 North, Range 67 West, 6th P.M., for the drilling of the Garfield 37N-35HZ Well, Meese 37C-35HZ Well, and Meese 16N-35HZ Well, for the development and operation of the Niobrara and Codell Formations.
ORDER
IT IS HEREBY ORDERED:
1. Pursuant to the provisions of §34-60-116, C.R.S., as amended, of the Oil and Gas Conservation Act, all interests in two approximate 720-acre horizontal wellbore spacing units and one approximate 360-acre horizontal wellbore spacing unit, established for the below-described lands, are hereby pooled, for the development and operation of the Niobrara and Codell Formations, effective as of the date of the Application, or the date the costs specified in §34-60-116(7)(b), C.R.S., are first incurred for the drilling of Garfield 37N-35HZ Well (API No. 05-123-42575), Meese 37C-35HZ Well (API No. 05-123-42539), and Meese 16N-35HZ Well (API No. 05-123-42540)(“Wells”):
Township 1 North, Range 67 West, 6th P.M.
Section
23: S½SE¼
Section 26: E½
Section 35: E½
Wellbore
Spacing Unit (“WSU”) Nos. 1 and 2 – 720 acres
Garfield
37N-35HZ well (Niobrara Formation)
Meese 37C-35HZ well (Codell Formation)
Township 1 North, Range 67 West, 6th P.M.
Section
23: SE¼SE¼
Section 26: E½E½
Section 35: E½E½
WSU
No. 3 – 360 acres
Meese 16N-35HZ
well (Niobrara Formation)
2. The production obtained from the designated horizontal wellbore spacing unit shall be allocated to each owner in the unit on the basis of the proportion that the number of acres in such tract bears to the total number of mineral acres within the designated horizontal wellbore spacing unit; each owner of an interest in the drilling and spacing unit shall be entitled to receive its share of the production of the Well located on the designated horizontal wellbore spacing unit applicable to its interest in the designated horizontal wellbore spacing unit.
3. The non-consenting leased (working interest) owners must reimburse the consenting working interest owners for their share of the costs and risks of drilling and operating the Well (including penalties as provided by §34-60-116(7)(b), C.R.S.) out of production from the wellbore spacing unit representing the cost-bearing interests of the non-consenting working interest owners as provided by §34-60-116(7)(a), C.R.S.
4. Any unleased owners are hereby deemed to have elected not to participate and shall therefore be deemed to be non-consenting as to the Well and be subject to the penalties as provided for by §34-60-116 (7), C.R.S.
5. Each non-consenting unleased owner within the wellbore spacing unit shall be treated as the owner of the landowner's royalty to the extent of 12.5% of its record title interest, whatever that interest may be, until such time as the consenting owners recover, only out of each non-consenting owner's proportionate 87.5% share of production, the costs specified in §34-60-116(7)(b), C.R.S. as amended. After recovery of such costs, each unleased non-consenting mineral owner shall then own its proportionate 8/8ths share of the Well, surface facilities and production, and then be liable for its proportionate share of further costs incurred in connection with the Well as if it had originally agreed to the drilling.
6. The operator of the Well drilled on the above-described wellbore spacing unit shall furnish the non-consenting owners with a monthly statement of all costs incurred, together with the quantity of oil and gas produced, and the amount of proceeds realized from the sale of production during the preceding month.
7. Nothing in this order is intended to conflict with §34-60-116, C.R.S., as amended. Any conflict that may arise shall be resolved in favor of the statute.
8. The wellbore spacing unit described above shall be considered drilling and spacing unit established by the Commission for purposes of Rule 530.a.
IT IS FURTHER ORDERED:
1. The provisions contained in the above order shall become effective immediately.
2. The Commission expressly reserves its right, after notice and hearing, to alter, amend or repeal any and/or all of the above orders.
3. Under the State Administrative Procedure Act, the Commission considers this Order to be final agency action for purposes of judicial review within 35 days after the date this Order is mailed by the Commission.
4. An application for reconsideration by the Commission of this Order is not required prior to the filing for judicial review.
ENTERED this 22nd day of December, 2016, as of December 12, 2016.
OIL AND GAS CONSERVATION COMMISSION
OF THE STATE OF COLORADO
By__________________________________
Julie Murphy, Secretary