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, ADAMS COUNTY, COLORADO

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CAUSE NO. 407 DOCKET NO. 190300215 TYPE: POOLING ORDER NO. 407-2902

REPORT OF THE COMMISSION

The Commission heard this matter on August 21, 2019, at Hotel Colorado, 526 Pine Street, Glenwood Springs, Colorado, upon application for an order to pool all interests within an approximate 640-acre drilling and spacing unit established for the below-described lands (“Application Lands”), and to subject any nonconsenting interests to the cost recovery provisions of § 34-60-116(7), C.R.S., for the drilling of the Prairie LE 17-012HN Well (API No. Pending), the Prairie LE 17-012HNX Well (API No. Pending), the Prairie LE 17-013HC Well (API No. Pending), the Prairie LE 17-013HN Well (API No. Pending), the Prairie LE 17-015HN Well (API No. Pending), the Prairie LE 17-015HNX Well (API No. Pending), the Prairie LE 17-016HC Well (API No. Pending), the Prairie LE 17-016HN Well (API No. Pending), the Prairie LE 17-018HN Well (API No. Pending), the Prairie LE 17-018HNX Well (API No. Pending), and the Prairie LE 17-019HC Well (API No. Pending) (the “Wells”), for the development and operation of the Niobrara and Codell Formations:

Township 1 South, Range 66 West, 6^th P.M.

Section 17:      W½  

Section 20:      W½  

FINDINGS

The Commission finds as follows:

1.         Great Western Operating Company, LLC (Operator No. 10110) (“Great Western” 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. The Application Lands are subject to this Rule for the Niobrara and Codell Formations. 

5.         On January 30, 2017, the Commission entered Order No. 407-1881 which, among other things, established an approximate 640-acre drilling and spacing unit for the Application Lands and approved up to 12 horizontal wells within the unit, for from the Codell and Niobrara Formations.

6.         On August 21, 2019, the Commission entered Order No. 407-2901, which reduced the setback on the northern boundary of the drilling and spacing unit established for the Application Lands from 460 feet to 200 feet. 

7.         On January 10, 2019, corrected on February 1, 2019, which was at least 90 days before the Commission heard this matter, Great Western filed a verified application (“Application”) pursuant to §34-60-116, C.R.S., for an order to pool all interests in the 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., for the drilling of the Wells.

8.         The Applicant filed with the Commission a written request to approve the Application based on the merits of the Application and the supporting exhibits. Sworn written testimony and exhibits were submitted in support of the Application.

9.         Land testimony and exhibits submitted in support of the Application by Jason Lowrey, Senior Landman for Great Western, show that the Applicant owns, or has secured the consent of the owners of, more than 45% of the mineral interest to be pooled. In addition, the land testimony and exhibits show that the owners within the unit received a reasonable offer to lease or participate at least 90 days before the hearing date, that the owners to be pooled did not elect in writing to consent to the Wells within 60 days after receiving the offer to participate, and that any unleased owners had at least 60 days to review a reasonable offer to lease but either refused it or have not yet accepted it.

10.       The land testimony and exhibits also demonstrate that the offers to lease were made in good faith, contained the contact information for a representative of the Applicant, and contained the Commission’s pooling brochure or a link to access it.

11.       In addition, the land testimony and exhibits show that the offers to participate contained the location and objective depth of the Wells, the estimated drilling and completion costs for the Wells, and the estimated spud date for the Wells.

12.       Land testimony showed the Applicant complied with the requirements of Rule 530 and the Act, and is entitled to the cost recovery provisions pursuant to §34-60-116(7), C.R.S., for the Wells, but did not provide testimony for any subsequent wells.

13.       Granting the Application is consistent with the protection of public health, safety, welfare, the environment, and wildlife resources.

14.       Great Western agreed to be bound by oral order of the Commission.

15.       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 the Application Lands, and to subject any nonconsenting interests to the cost recovery provisions of §34-60-116(7), C.R.S., for the drilling of the Wells, 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., all interests in an approximate 640-acre drilling and spacing unit established for the Application Lands are hereby pooled, for the development and operation of the Niobrara and Codell Formations, effective as of the date the Application was filed.

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 Wells located on the drilling and spacing unit applicable to its interest in the drilling and spacing unit.

3.         The following working interest owner(s) did not elect to participate in the Well(s) or failed to make a timely election and are hereby deemed to be nonconsenting and subject to the penalties as provided for in §34-60-116(7), C.R.S: Martin J. Freedman. Each nonconsenting working interest owner must reimburse the consenting owners for the owner’s proportionate share of the costs and risks of drilling and operating the Well(s) from the owner’s proportionate share of production, subject to non-cost bearing interests, if and to the extent that the royalty is consistent with the lease terms prevailing in the area and is not designed to avoid the recovery of costs provided for in §34-60-116(7)(b), C.R.S., until costs and penalties are recovered as set forth in §34-60-116(7), C.R.S.

4.         The following unleased owner(s) did not elect to participate in the Well(s) or failed to make a timely election and are hereby deemed to be nonconsenting and subject to the penalties as provided for in §34-60-116(7), C.R.S.: Estate of George Hishinuma, c/o Evelyn Hall as Personal Representative; Harry T. Hishinuma as Personal Representative of the Estate of Roy Hishinuma; Ellen Terrasi as Personal Representative of the Estate of Roy Hishinuma; Estate of Fred K. Hishinuma c/o Timothy T. Hishinuma as Personal Representative; Estate of Fred K. Hishinuma c/o John I. Hishinuma as Personal Representative; Estate of Fred K. Hishinuma; Harry T. Hishinuma; Harry T. Hishinuma as Personal Representative of the Estate of James K. Hishinuma; Ellen Terrasi as Personal Representative of the Estate of James K. Hishinuma; and the Estate of James K. Hishinuma.

5.         Any nonconsenting unleased owner shall be deemed to have a landowner's royalty, proportionate to each owner’s record title interest, of:

a. for a gas well as defined in the Commission Regulations, 13% until the consenting owners recover, only out of each nonconsenting owner's proportionate 87% share of production, the costs specified in §34-60-116(7)(b), C.R.S.;

b. for an oil well as defined in the Commission Regulations, 16% until the consenting owners recover, only out of each nonconsenting owner's proportionate 84% share of production, the costs specified in §34-60-116(7)(b), C.R.S.

After recovery of the costs specified in §34-60-116(7)(b), C.R.S., each unleased nonconsenting mineral owner owns its proportionate 8/8ths share of the Wells, surface facilities, and production, and is liable for its proportionate share of further costs as if the nonconsenting owner had originally agreed to the drilling.

6.         The operator of the Wells 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.         A nonconsenting owner is immune from liability for costs arising from spills, releases, damage, or injury resulting from oil and gas operations on the drilling and spacing unit.

8.         The operator shall not use the surface owned by a nonconsenting owner without the nonconsenting owner’s permission.

9.         Nothing in this order is intended to conflict with §34-60-116, C.R.S. Any conflict that may arise shall be resolved in favor of the statute.

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 10th day of September, 2019, as of August 21, 2019

OIL AND GAS CONSERVATION COMMISSION

OF THE STATE OF COLORADO

By____________________________________

Mimi C. Larsen, Secretary