IN THE MATTER OF THE PROMULGATION AND          CAUSE NO. 315
ESTABLISHMENT OF FIELD RULES TO GOVERN
OPERATIONS IN THE VERNON FIELD,                           ORDER NO. 315-6
YUMA COUNTY, COLORADO                                          CORRECTED

REPORT OF THE COMMISSION

This cause came on for hearing before the Commission on July 12, 1999, at 8:30 a.m. in Suite 801, 1120 Lincoln Street, Denver, Colorado on the verified application of Mountain Petroleum Corporation for an order to allow additional wells to be drilled and completed for the production of gas and associated hydrocarbons from the Niobrara Formation, on certain 160-acre drilling and spacing units at the option of the operator for the lands in the Vernon Field.

FINDINGS

The Commission finds as follows:

1. Mountain Petroleum Corporation (“Mountain Petroleum”) 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 the 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 January 17, 1977, the Commission issued Order No. 315-1, which established 640-acre drilling and spacing units for the production of gas and associated hydrocarbons from the Niobrara Formation with the permitted well to be located no closer than 990 feet from the unit boundary underlying certain lands in the Vernon Field. The spaced area was extended by Order No. 315-2 issued November 17, 1977. By Order No. 315-3, dated August 22, 1978 and upheld by Order No. 315-4 dated September 9, 1981, the size of the drilling and spacing units within the spaced area was reduced to 160-acres with the permitted well to be located no closer than 900 feet from the unit boundaries for the below-listed lands:

Township 1 South, Range 44 West, 6th P.M.
Sections 3 thru 10; Sections 16 thru 21;
27 thru 34

Township 2 South, Range 44 West, 6th P.M.
Sections 3 thru 6

Township 1 North, Range 44 West, 6th P.M.
Sections 32 and 33

5. On May 17, 1999, Mountain Petroleum Corporation, by its attorney, filed with the Commission a verified application for an order to allow additional wells to be drilled and completed for the production of gas and associated hydrocarbons from the Niobrara Formation, on 160-acre drilling and spacing units at the option of the operator for the below-listed lands. Subsequent wells shall be located no closer than 560 feet from the outer boundaries of said 160-acre drilling and spacing unit. The Director shall be allowed to grant an exception location without prior notice or hearing upon an adequate showing by the applicant that topography makes it unreasonable to drill the second well within a 560 feet setback, but no closer than 380 feet from the boundary of the drilling and spacing unit, and requests for any other exception location may be granted in accordance with Rule 318.

Township 1 South, Range 44 West, 6th P.M.
Section 29: E ˝
Section 31: All
Section 32: All
Section 33: W ˝

Township 2 South, Range 44 West, 6th P.M.
Section 5: N ˝

6. On May 20, 1999 at the request of Yuma County, a local public forum was held on the application. No comments were made on the application at the forum. A written report on the forum was provided to the Commission recommending that no additional conditions be placed on the application and that no public issues hearing be held.

7. Testimony and exhibits presented at the administrative hearing described the boundaries of the Vernon Field and the existing Niobrara Formation wells in the area surrounding the application. Additional testimony and exhibits utilized a structure map on the top of the Niobrara Formation to show that the Beecher Island zone is a chalk formation located in the top of the Niobrara Formation. Further, the Beecher Island zone of the Niobrara Formation is continuous across the application area and is a common source of supply.

8. Testimony and exhibits presented at the administrative hearing indicated that the average ultimate recovery for the existing wells in the application area is 50.8% of the original gas in place. In order to prevent waste and protect correlative rights additional wells should be allowed within the established drilling units to ensure efficient and economic incremental gas recovery from the Niobrara Formation in the application lands. Further testimony indicated that production from an additional well in the spacing unit would result in an economic well.

9. At the time of the administrative hearing, Mountain Petroleum agreed to be bound by oral order of the Commission.

10. Based on the facts stated in the verified application, having received no protests and having been heard by the Hearing Officer who recommends approval, the Commission should enter an order allowing one additional well to be drilled on each 160-acre drilling and spacing unit for the lands described in Finding 5, at the option of the operator, for the production of gas and associated hydrocarbons from the Niobrara Formation.

ORDER

NOW, THEREFORE IT IS ORDERED that Order No. 315-3 is hereby amended to allow additional wells to be drilled and completed for the production of gas and associated hydrocarbons from the Niobrara Formation, on 160-acre drilling and spacing units described below, at the option of the operator for the lands described below. Subsequent wells shall be located no closer than 560 feet from the outer boundaries of said 160-acre drilling and spacing unit.

Township 1 South, Range 44 West, 6th P.M.
Section 29: E ˝
Section 31: All
Section 32: All
Section 33: W ˝

Township 2 South, Range 44 West, 6th P.M.
Section 5: N ˝

IT IS FURTHER ORDERED that the Director shall be allowed to grant an exception location without prior notice or hearing upon an adequate showing by the applicant that topography makes it unreasonable to drill the second well within a 560 feet setback, but no closer than 380 feet from the boundary of the drilling and spacing unit, and requests for any other exception location may be granted in accordance with Rule 318.

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 30th day of July, as of July 12, 1999.
AMENDED this 5th day of August, as of July 12, 1999.

OIL AND GAS CONSERVATION COMMISSION OF THE STATE OF COLORADO

By Dated at Suite 801 Patricia C. Beaver, Secretary 1120 Lincoln Street Denver, Colorado 80203 August 5, 1999.

(315#6)