BEFORE
THE OIL AND GAS CONSERVATION COMMISSION
OF THE STATE OF COLORADO
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IN THE MATTER OF THE PROMULGATION AND ESTABLISHMENT OF FIELD RULES TO GOVERN OPERATIONS FOR THE NIOBRARA AND CODELL FORMATIONs, WATTENBERG FIELD, ADAMS COUNTY, COLORADO |
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CAUSE NO. 407
DOCKET NO. 180100084
TYPE: POOLING
ORDER NO. 407-2341 |
REPORT OF THE COMMISSION
The Commission heard this matter on January 29, 2018, at the Colorado Oil and Gas Conservation Commission, 1120 Lincoln Street, Suite 801, Denver, Colorado, upon application for an order to make Order No. 407-2177, which pooled all interests in an approximate 1,261.6-acre drilling and spacing unit established for Sections 19 and 20, Township 1 South, Range 67 West, 6th P.M., and subjected all nonconsenting interests to the cost recovery provisions of §34-60-116(7), C.R.S., for the drilling of the Tower LD 19-022HC Well, Tower LD 19-022HN Well, Tower LD 19-059HNX Well, Tower LD 19-062HN Well, Tower LD 19-099HC Well, Tower LD 19-099HN Well, Tower LD 19-102HNX Well, Tower LD 19-139HN Well, Tower LD 19-142HC Well, Tower LD 19-142HN Well, Tower LD 19-179HN Well, Tower LD 19-179HNX Well, Tower LD 19-182HC Well, Tower LD 19-219HN Well, Tower LD 19-222HN Well, Tower LD 19-222HNX Well, Tower LD 19-259HC Well, Tower LD 19-259HN Well, Tower LD 19-262HN Well, Tower LD 19-299HNX Well, Tower LD 19-302HC Well, Tower LD 19-302HN Well, Tower LD 19-339HN Well, Tower LD 19-342HNX Well, Tower LD 19-379HC Well, and the Tower LD 19-379HN Well, for the development and operation of the Niobrara and Codell Formations, applicable to previously unnoticed parties.
FINDINGS
The Commission finds as follows:
1. Great Western Operating Company, LLC (Operator No. 10110) (“Great Western” or “Applicant”), as applicant herein, 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 19 and 20, Township 1 South, Range 67 West, 6th P.M., are subject to this Rule for the production of oil, gas, and associated hydrocarbons from the Niobrara and Codell Formations.
5. On February 19, 1992 (amended August 20, 1993), the Commission entered Order No. 407-87 which, among other things, established 80-acre drilling and spacing units for the production of oil, gas and associated hydrocarbons from the Codell and Niobrara Formations underlying certain lands, with permitted well locations in accordance with the provisions of Order No. 407-1. Sections 19 and 20, Township 1 South, Range 67 West, 6th P.M., are subject to this Order for the production of oil, gas, and associated hydrocarbons from the Niobrara and Codell Formations.
6. On July 24, 2017, the Commission entered Order No. 407-2126 which, among other things, established an approximate 1,261.6-acre drilling and spacing unit for Sections 19 and 20, Township 1 South, Range 67 West, 6th P.M., and approved up to 26 horizontal wells within the unit, for the production of oil, gas, and associated hydrocarbons from the Niobrara and Codell Formations, provided that the productive interval of each wellbore shall be no closer than 460 feet from the unit boundaries, and no closer than 150 feet from the productive interval of any other wellbore located within the unit, unless the Director grants an exception, and that the wells shall be drilled from no more than two multi-well pads in the unit or adjacent thereto, unless the Director grants an exception.
7. On September 11, 2017, the Commission entered Order No. 407-2177 which, among other things, pooled all interests in an approximate 1,261.6 acre drilling and spacing unit established for Sections 19 and 20, Township 1 South, Range 67 West, 6th P.M., for the development and operation of the Niobrara and Codell Formations, effective as of the earlier of the date of the Application, or the date that any of the costs specified in §34-60-116(7)(b)(II), C.R.S., are first incurred for the drilling of the Tower LD 19-022HC Well, Tower LD 19-022HN Well, Tower LD 19-059HNX Well, Tower LD 19-062HN Well, Tower LD 19-099HC Well, Tower LD 19-099HN Well, Tower LD 19-102HNX Well, Tower LD 19-139HN Well, Tower LD 19-142HC Well, Tower LD 19-142HN Well, Tower LD 19-179HN Well, Tower LD 19-179HNX Well, Tower LD 19-182HC Well, Tower LD 19-219HN Well, Tower LD 19-222HN Well, Tower LD 19-222HNX Well, Tower LD 19-259HC Well, Tower LD 19-259HN Well, Tower LD 19-262HN Well, Tower LD 19-299HNX Well, Tower LD 19-302HC Well, Tower LD 19-302HN Well, Tower LD 19-339HN Well, Tower LD 19-342HNX Well, Tower LD 19-379HC Well, and the Tower LD 19-379HN Well.
8. On December 11, 2017, the Commission entered Order No. 407-2288 which, among other things, pooled all interests in five approximate 1,080-acre designated horizontal wellbore spacing unit established for portions of Sections 7, 18, and 19, Township 1 South, Range 67 West, 6th P.M., for the development and operation of the Codell and Niobrara Formations, effective as of the earlier of the date of the Application, or the date that any of the costs specified in §34-60-116(7)(b)(II), C.R.S., are first incurred for the drilling of the B-Farm LD 18-388HC Well (API No. 05-001-10099), the B-Farm LD 18-392HC Well (API No. 05-001-10094), the B-Farm LD 18-392HN Well (API No. 05-001-10097), the B-Farm LD 18-393HN Well (API No. 05-001-10096), and the B-Farm LD 18-394HNX Well (API No. 05-001-10093).
9. On January 29, 2018, the Commission entered Order No. 407-2339 which, among other things, subjected approximately 500 additional parties to Order No. 407-2126. Sections 19 and 20, Township 1 South, Range 67 West, 6th P.M., are subject to this Order for the production of oil, gas, and associated hydrocarbons from the Niobrara and Codell Formations.
10. On November 30, 2017, Great Western, by its attorneys, filed a verified Application (“Application”) pursuant to §34-60-116, C.R.S., for an order to make Order No. 407-2177, which pooled all interests in an approximate 1,261.6-acre exploratory drilling and spacing unit established for the below-described lands (“Application Lands”), for the development and operation of the Niobrara and Codell Formations, and subjected any nonconsenting interests to the cost recovery provisions of §34-60-116(7), C.R.S., for the drilling of the Tower LD 19-022HC Well (API No. Pending), Tower LD 19-022HN Well (API No. Pending), Tower LD 19-059HNX Well (API No. Pending), Tower LD 19-062HN Well (API No. Pending), Tower LD 19-099HC Well (API No. Pending), Tower LD 19-099HN Well (API No. Pending), Tower LD 19-102HNX Well (API No. Pending), Tower LD 19-139HN Well (API No. Pending), Tower LD 19-142HC Well (API No. Pending), Tower LD 19-142HN Well (API No. Pending), Tower LD 19-179HN Well (API No. Pending), Tower LD 19-179HNX Well (API No. Pending), Tower LD 19-182HC Well (API No. Pending), Tower LD 19-219HN Well (API No. Pending), Tower LD 19-222HN Well (API No. Pending), Tower LD 19-222HNX Well, (API No. Pending), Tower LD 19-259HC Well (API No. Pending), Tower LD 19-259HN Well (API No. Pending), Tower LD 19-262HN Well (API No. Pending), Tower LD 19-299HNX Well (API No. Pending), Tower LD 19-302HC Well (API No. Pending), Tower LD 19-302HN Well (API No. Pending), Tower LD 19-339HN Well (API No. Pending), Tower LD 19-342HNX Well (API No. Pending), Tower LD 19-379HC Well (API No. Pending), and the Tower LD 19-379HN Well (API No. Pending) (“Wells”), applicable to previously unnoticed interest owners:
Township 1 South, Range 67 West, 6th P.M.
Section 19: All
Section 20: All
11. On, January 4, 2018, Applicant, 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.
12. Land testimony and exhibits submitted in support of the Application by Matthew Acree, Senior Landman for Great Western, showed that based on new ownership information approximately 500 additional parties, who are listed in bold lettering in Exhibit No. 2 to the written land testimony of Matthew Acree, must be notified and made subject to Order No. 407-2177, that all nonconsenting interest owners were notified of the Application and received Authority for Expenditures ("AFEs") and offers to participate in the Wells, and that all unleased owners received reasonable offers to lease. Further testimony concluded that the AFE sent by the Applicant to the interest owners was fair and reasonable estimate of the costs of the proposed drilling operations and was received at least 35 days prior to the January 29, 2018 hearing date.
11. 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 Tower LD 19-022HC Well, Tower LD 19-022HN Well, Tower LD 19-059HNX Well, Tower LD 19-062HN Well, Tower LD 19-099HC Well, Tower LD 19-099HN Well, Tower LD 19-102HNX Well, Tower LD 19-139HN Well, Tower LD 19-142HC Well, Tower LD 19-142HN Well, Tower LD 19-179HN Well, Tower LD 19-179HNX Well, Tower LD 19-182HC Well, Tower LD 19-219HN Well, Tower LD 19-222HN Well, Tower LD 19-222HNX Well, Tower LD 19-259HC Well, Tower LD 19-259HN Well, Tower LD 19-262HN Well, Tower LD 19-299HNX Well, Tower LD 19-302HC Well, Tower LD 19-302HN Well, Tower LD 19-339HN Well, Tower LD 19-342HNX Well, Tower LD 19-379HC Well, and the Tower LD 19-379HN Well, but did not provide testimony for any subsequent wells.
12. 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.
13. Great Western agreed to be bound by oral order of the Commission.
14. Based on the facts stated in the verified Application, having received no protests, and based on the Hearing Officer review of the Application under Rule 511., the Commission should enter an order to make Order No. 407-2177, which pooled all interests in an approximate 1,261.6-acre drilling and spacing unit established for Sections 19 and 20, Township 1 South, Range 67 West, 6th P.M., and subjected all nonconsenting interests to the cost recovery provisions of §34-60-116(7), C.R.S., for the drilling of the Tower LD 19-022HC Well, Tower LD 19-022HN Well, Tower LD 19-059HNX Well, Tower LD 19-062HN Well, Tower LD 19-099HC Well, Tower LD 19-099HN Well, Tower LD 19-102HNX Well, Tower LD 19-139HN Well, Tower LD 19-142HC Well, Tower LD 19-142HN Well, Tower LD 19-179HN Well, Tower LD 19-179HNX Well, Tower LD 19-182HC Well, Tower LD 19-219HN Well, Tower LD 19-222HN Well, Tower LD 19-222HNX Well, Tower LD 19-259HC Well, Tower LD 19-259HN Well, Tower LD 19-262HN Well, Tower LD 19-299HNX Well, Tower LD 19-302HC Well, Tower LD 19-302HN Well, Tower LD 19-339HN Well, Tower LD 19-342HNX Well, Tower LD 19-379HC Well, and the Tower LD 19-379HN Well, for the development and operation of the Niobrara and Codell Formations, applicable to previously unnoticed parties.
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, Order No. 407-2177, including the cost recovery provisions of §34-60-116(7), C.R.S., is hereby made applicable to the approximately 500 additional parties who are listed in bold lettering in Exhibit No. 2 to the written land testimony of Matthew Acree filed in this cause number, and their interests in an approximate 1,261.6-acre drilling and 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 earlier of the date of the Application, or the date that any of the costs specified in §34-60-116(7)(b)(II), C.R.S., are first incurred for the drilling of the Tower LD 19-022HC Well (API No. Pending), Tower LD 19-022HN Well (API No. Pending), Tower LD 19-059HNX Well (API No. Pending), Tower LD 19-062HN Well (API No. Pending), Tower LD 19-099HC Well (API No. Pending), Tower LD 19-099HN Well (API No. Pending), Tower LD 19-102HNX Well (API No. Pending), Tower LD 19-139HN Well (API No. Pending), Tower LD 19-142HC Well (API No. Pending), Tower LD 19-142HN Well (API No. Pending), Tower LD 19-179HN Well (API No. Pending), Tower LD 19-179HNX Well (API No. Pending), Tower LD 19-182HC Well (API No. Pending), Tower LD 19-219HN Well (API No. Pending), Tower LD 19-222HN Well (API No. Pending), Tower LD 19-222HNX Well, (API No. Pending), Tower LD 19-259HC Well (API No. Pending), Tower LD 19-259HN Well (API No. Pending), Tower LD 19-262HN Well (API No. Pending), Tower LD 19-299HNX Well (API No. Pending), Tower LD 19-302HC Well (API No. Pending), Tower LD 19-302HN Well (API No. Pending), Tower LD 19-339HN Well (API No. Pending), Tower LD 19-342HNX Well (API No. Pending), Tower LD 19-379HC Well (API No. Pending), and the Tower LD 19-379HN Well (API No. Pending) (“Wells”):
Township 1 South, Range 67 West, 6th P.M.
Section 19: All
Section 20: All
2. The production obtained from the drilling and 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 drilling and 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 drilling and spacing unit applicable to its interest in the drilling and spacing unit.
3. Any working interest owner who does not elect to participate in the Well(s) or fails to make a timely election is hereby deemed to be nonconsenting and is subject to the penalties as provided for in §34-60-116(7), C.R.S. The nonconsenting working interest owner must reimburse the consenting owners for his proportionate share of the costs and risks of drilling and operating the Well(s) from his proportionate share of production, subject to non-cost bearing interests, until costs and penalties are recovered as set forth in §34-60-116(7), C.R.S.
4. Any unleased owner who does not elect to participate in the Well(s) or fails to make a timely election is hereby deemed to be nonconsenting and is subject to the penalties as provided for in §34-60-116(7), C.R.S. Any party seeking the cost recovery provisions of §34-60-116(7), C.R.S., shall first comply with subsection (d) for any subsequent well(s).
5. Each nonconsenting unleased owner within the drilling and 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 nonconsenting owner's proportionate 87.5% share of production, the costs specified in §34-60-116(7)(b), C.R.S. After recovery of such costs, each unleased nonconsenting 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 Wells drilled on the above-described drilling and spacing unit shall furnish the nonconsenting 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.
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 21st day of February, 2018, as of January 29, 2018.
OIL AND GAS CONSERVATION COMMISSION
OF THE STATE OF COLORADO
By____________________________________
Julie Spence Prine, Secretary