BEFORE
THE OIL AND GAS CONSERVATION COMMISSION
OF
THE STATE OF
IN THE MATTER OF ALLEGED
VIOLATIONS OF THE RULES AND ) CAUSE NO. 1V
REGULATIONS OF THE
COMMISSION BY ENCANA ENERGY RESOURCES INC., ) ORDER NO. IV-
ADMINISTRATIVE ORDER BY
CONSENT
1. On August 6, 2002, Colorado Oil and Gas
Conservation Commission (“COGCC”) staff received an Application for Permit to
Drill (“APD”) from EnCana Energy Resources Inc., (“EnCana”) for the Bangert
#31-19 Well (the “Well”), located in the NE¼ NE¼ of Section 19, Township 2
North, Range 66 West, 6th P.M. The APD
specified a surface hole location of 510’ from the North Line and 657’ from the
East Line. The APD specified a bottom
hole location of 600’ from the North Line and 2000’ from the East Line. The APD was approved on
2. On
4. Per the return receipt, the NOAV was received
by EnCana. The return receipt did not
have a date of delivery but was returned to the COGCC on
6. On
7. On
8. EnCana should be found in violation of Rule
301., failure to obtain Commission approval for change of surface hole location
and failure to obtain Commission approval for change of bottom hole
location for the Well.
9. EnCana should be found in violation of Rule
318A.a. for failure to locate the Well in accordance with the Greater
Wattenberg Area well location
setback rules and Rule 318.c.
for failure to obtain a location exception for the Well.
109.
Rule 523. specifies a base fine of One
Thousand dollars ($1000) per day for violations of Rule 301., 318 and 318A.
11. No hydrocarbon production has
occurred from the Well,
and EnCana voluntarily agreed to plug and
abandon the Well prior to the issuance of this
Administrative Order
by Consent.
12. A monetary penalty of Twenty Thousand dollars ($20,000.00)
should be assessed against EnCana, in
accordance with Rule 523.a. and Rule 523.d., for two (2) violations of Rule 301.,
and one violation for each of Rules 318. and 318A. Aggravating factors in determining the fine
recommendation is that under Rule 523.d.(1), the violation was reckless and
under Rule 523.d.(5) the violation threatened to result in significant loss to
private property.
13. The Well is located in irrigated crop
land. EnCana should properly plug
and abandoned the Bangert #31-19 Well within thirty
(30) days of the date the crops are harvested around this location.
ORDER
NOW,
THEREFORE, IT IS ORDERED, that EnCana Energy Resources Inc. shall be found
in violation of Rule 301., failure to obtain Commission approval for change of
surface hole location and failure to obtain Commission approval for change of
bottom hole location, Rule 318A., failure to locate the Well in accordance
with the Greater Wattenberg Area Well setbacks rules and Rule 318.c., failure to
obtain a location exception for the Bangert #31-19 Well, located in the NE¼ NE¼ of Section
19, Township 2 North, Range 66 West, 6th P.M.
IT IS FURTHER ORDERED,
that EnCana Energy Resources Inc. shall be assessed a fine of Twenty Thousand dollars ($20,000.00) payable
within thirty (30) days of the date the order is approved by the Commission for
the above violations.
IT IS FURTHER ORDERED,
that EnCana Energy Resources Inc. shall properly plug and abandon the Bangert
#31-19 Well within thirty (30) days of the date the crops are harvested
around this location.
IT IS FURTHER ORDERED,
that the provisions contained in the above order shall become effective
forthwith.
IT IS
FURTHER ORDERED, that the Commission expressly reserves its right after notice and
hearing, to alter, amend, or repeal any and/or all of the above orders.
IT IS
FURTHER ORDERED, that under the State Administrative Procedure Act the
Commission considers this order to be final agency action for purposes of
judicial review within thirty (30) days after the date this order is mailed by
the Commission.
IT
IS FURTHER ORDERED, that an application for reconsideration by the Commission
of this order is not required prior to the filing for judicial review.
Recommended
this day of June, 2004.
OIL
AND GAS CONSERVATION COMMISSION
By
Morris
J. Bell, Hearing Officer
Dated at
AGREED
TO AND ACCEPTED THIS _________DAY OF __________, 2004.
ENCANA ENGERY RESOURCES INC.
By
____________________________________________
___________________________________________
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