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 FORMATION, WATTENBERG FIELD, WELD COUNTY, COLORADO

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CAUSE NO. 407

 

DOCKET NO. 180600414

 

TYPE: POOLING

 

ORDER NO. 407-2491

REPORT OF THE COMMISSION

 

The Commission heard this matter on June 11, 2018, at the Lindou Auditorium Michener Library, University of Northern Colorado (UNC), 501 20th Street, Greeley, Colorado, upon application for an order to pool all interests in an approximate 640-acre designated horizontal wellbore spacing unit established for portions of Sections 21, 22, 27, and 28, Township 4 North, Range 62 West, 6th P.M., and to subject all nonconsenting interests to the cost recovery provisions of §34-60-116(7), C.R.S., for the drilling of the Anschutz Equus Farms 4-62-28-0108CNB, for the development and operation of the Niobrara Formation.

 

FINDINGS

 

The Commission finds as follows:

 

1.         HighPoint Operating Corporation (Operator No. 10071) (“HighPoint” 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 21, 22, 27, and 28, Township 4 North, Range 62 West, 6th P.M., are subject to this Rule for the Niobrara Formation.   

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.

 

6.            On March 17, 2014, the Commission entered Order No. 407-949 which, among other things, established an approximate 1,280-acre drilling and spacing unit for Sections 15 and 22, Township 4 North, Range 62 West, 6th P.M., and approved up to 16 horizontal wells within the unit, for the production of oil, gas and associated hydrocarbons from the Niobrara Formation. Order No. 407-949 applies to portions of Section 22, Township 4 North, Range 62 West 6th P.M., but does not affect this wellbore-specific Application.   

 

7.            On October 27, 2014, the Commission entered Order No. 407-1146 which, among other things, pooled all interests in an approximate 1,280-acre drilling and spacing unit established for Sections 15 and 22, Township 4 North, Range 62 West, 6th P.M., for the development and operation of the Niobrara Formation, and subjected any nonconsenting interests to the cost recovery provisions of §34-60-116(7), C.R.S., effective as of the date of the Application, for the drilling of the initial permitted horizontal Niobrara Formation well drilled within the Application Lands and any subsequent horizontal Niobrara Formation wells authorized by the Commission. Order No. 407-1146 applies to portions of Section 22, Township 4 North, Range 62 West 6th P.M., but does not affect this wellbore-specific Application.

 

8.            On January 26, 2016, the Commission entered Order No. 407-1603 which, among other things, established an approximate 1,280-acre drilling and spacing unit for Sections 20 and 21, Township 4 North, Range 62 West, 6th P.M., and approved up to 16 horizontal wells within the proposed unit, for the production of oil, gas and associated hydrocarbons from the Niobrara Formation. Order No. 407-1603 applies to portions of Section 20, Township 4 North, Range 62 West 6th P.M., but does not affect this wellbore-specific Application.

 

9.            On January 26, 2016, the Commission entered Order No. 407-1605 which, among other things, vacated an approximate 640-acre drilling and spacing unit established by Order No. 407-797 for Section 27, Township 4 North, Range 62 West, 6th P.M., for production from the Niobrara and Codell Formations, and established an approximate 1,280-acre drilling and spacing unit for Sections 27 and 28, Township 4 North, Range 62 West, 6th P.M., and approved up to sixteen horizontal wells within the unit, for the production of oil, gas and associated hydrocarbons from the Niobrara Formation. Order No. 407-797 applies to portions of Section 27, Township 4 North, Range 62 West 6th P.M., but does not affect this wellbore-specific Application. 

 

10.          On April 12, 2018, HighPoint, by its attorneys, filed a verified application (“Application”) pursuant to §34-60-116, C.R.S., for an order to pool all interests in an approximate 640-acre designated horizontal wellbore spacing unit established for the below-described lands (“Application Lands”), for the development and operation of the Niobrara Formation, and to subject any nonconsenting interests to the cost recovery provisions of §34-60-116(7), C.R.S., for the drilling of the Anschutz Equus Farms 4-62-28-0108CNB (API No. 05-123-43694)(“Well”):

 

Township 4 North, Range 62 West, 6th P.M.

Section 27: N½N½

Section 28: N½N½

Section 21: S½S½

Section 22: S½S½

 

11.          On May 11, 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 Gabriel Findlay, Land Manager for HighPoint, showed 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 there are no unleased owners in the Application Lands. 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 operations and was received at least 35 days prior to the June 11, 2018 hearing date.

 

13.          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 Anschutz Equus Farms 4-62-28-0108CNB Well, but did not provide testimony for any subsequent wells.

 

14.          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.

 

15.          HighPoint agreed to be bound by oral order of the Commission.

 

16.          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 pool all interests in an approximate 640-acre designated horizontal wellbore spacing unit established for portions of Sections 21, 22, 27, and 28, Township 4 North, Range 62 West, 6th P.M., and to subject all nonconsenting interests to the cost recovery provisions of §34-60-116(7), C.R.S., for the drilling of the Anschutz Equus Farms 4-62-28-0108CNB, for the development and operation of the Niobrara Formation.

 

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 an approximate 640-acre designated horizontal wellbore spacing unit established for the below-described lands are hereby pooled, for the development and operation of the Niobrara Formation, 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 Anschutz Equus Farms 4-62-28-0108CNB (API No. 05-123-43694) (“Well’):

 

Township 4 North, Range 62 West, 6th P.M.

Section 27: N½N½

Section 28: N½N½

Section 21: S½S½

Section 22: S½S½

 

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 designated horizontal wellbore 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.         Any working interest owner who does not elect to participate in the Well 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 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 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 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 nonconsenting 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 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 Well drilled on the above-described wellbore 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.

 

8.            The designated horizontal wellbore spacing units described above shall be considered drilling and spacing units 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 9th day of July, 2018, as of June 11, 2018.

           

OIL AND GAS CONSERVATION COMMISSION

OF THE STATE OF COLORADO

 

 

By____________________________________

Julie Spence Prine, Secretary