BEFORE THE OIL AND GAS CONSERVATION
COMMISSION
OF THE STATE OF
IN THE
MATTER OF A REQUEST TO AMEND OR APPEAL ) CAUSE
NO. 1
ORDER NO.
1V-238 ISSUED TO MONUMENT GAS )
MARKETING,
This cause came on for hearing before the
Commission on
1. Monument Gas Marketing, Inc, (“Monument”), 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.
4. On September 23, 2002 the Commission issued
Order No. 1V-238 which found Monument Gas Marketing, Inc. (“Monument”) in
violation of Rule 319.a.(1) for the Bucklen #2-34 Well, located in the SW¼ NW¼
of Section 34, Township 17 South, Range 46 West, 6th P.M. Monument was ordered to re-enter the Bucklen
#2-34 Well and properly plug the well no later than
5. On October 24, 2002, Monument Gas Marketing,
Inc. filed with the Commission a Motion to Reconsider to either amend or repeal
the subject Order No. 1V-238 and find that Monument is not in violation of Rule
319.a.(1) for the Bucklen #2-34 Well.
6. On
7.
A prehearing conference was held at the Commission’s request for the
matter on
8. On
9. On
10. On
11. After hearing arguments from Monument in
support of its Motion and from COGCC staff in support of its position, the
Commission voted in favor of hearing evidence not presented at the first
hearing on
APPLICANT’S EVIDENCE
12. Mr. Jack Hickey, Geologist for Monument,
provided testimony regarding the plugging and abandonment of the Bucklen #2-34
Well, including his interpretation of the top of the Cheyenne Formation. Mr. Hickey testified that his interpretation
of the top of the Cheyenne Formation was correct and that the well was properly
plugged. Mr. Hickey testified that COGCC
staff’s interpretation of the Cheyenne Formation top was incorrect. He provided additional testimony regarding his
belief that the Cheyenne Formation is not a viable drinking water source, his
experience plugging wells in
13. Mr. Joe Poole, Senior Engineer for
Schlumberger, provided testimony by telephone regarding his
14. Mr. Scott Robinson, Geological Manager for
Murfin Drilling Company, provided testimony by telephone regarding his
15. Mr. Peter Debenham, Consulting Geologist,
provided testimony regarding his
COGCC STAFF EVIDENCE
16.
Mr. Glenn Graham, Senior Geologist with the Division of Water Resources,
provided testimony regarding the
17. Mr. David Shelton, Engineer, provided
testimony regarding the water salinity in the Cheyenne Formation and the spontaneous
potential curve interpretation. Mr.
Shelton concluded that the aquifer is less saline than Monument’s testimony
indicated. Mr. Shelton presented
evidence showing that Mr. Debenham had submitted geologic reports to the
Commission consistent with COGCC staff’s interpretation of the top of the
Cheyenne Formation. Mr. Shelton further
testified that the Cheyenne Formation needs to be isolated from the Blaine Salt
Formation to prevent contamination of the aquifer.
18. Mr. Loren Avis, Environmental Protection
Specialist, provided testimony regarding the results from the Dakota Formation
water wells tested surrounding the Bucklen #2-34 Well and that the total
dissolved solids in the nearest Dakota water well is less than 2000 ppm.
FINDINGS
19.
Based on the testimony and exhibits presented, the Commission finds that
the original order issued for the Bucklen #2-34 Well should not be rescinded because
the applicant has provided insufficient evidence to show that the COGCC staff’s
interpretation of the top of the Cheyenne Formation was incorrect, the
applicant has not proved adequate isolation exists between the Cheyenne
Formation and the Blaine Salt Formation, and the applicant has not proved that
the water in the Cheyenne Formation is of unusable quality.
NOW, THEREFORE IT IS ORDERED, that the
request to amend or repeal Order No.1V-238 is hereby denied and the provisions
of Order No. 1V-238 shall remain in effect.
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.
ENTERED this day of February 2003, as of
OIL
AND GAS CONSERVATION COMMISSION
OF
THE STATE OF
By__________________________________________
Patricia
C. Beaver, Secretary
Dated at