BEFORE THE OIL AND GAS CONSERVATION COMMISSION OF THE STATE OF COLORADO
IN THE MATTER OF AN EMERGENCY REQUEST FOR A HEARING TO INCREASE THE SURFACE BOND REQUIREMENT OF THE RULES AND REGULATIONS OF THE OIL AND GAS CONSER-VATION COMMISSION FOR LAND IN WELD COUNTY, COLORADO	) ) ) ) ) )	CAUSE NO. 1 ORDER NO. 1-31 (Formerly 1-137)

REPORT OF THE COMMISSION

This cause came on for hearing before the Commission on December 2, 1992 at 8:30 a.m., in Suite 380, Logan Tower Building, 1580 Logan Street, Denver, Colorado, after giving notice at the November hearing, on whether, subject to Rule 304.b., the amount of the surface bond held by Gerrity Oil and Gas Corporation should be increased by the Commission as requested by Bruce Johnson in an emergency request for hearing, for a well to be drilled in NE¼ SE¼ of Section 15, Township 2 North, Range 65 West, 6th P.M. Weld County.

FINDINGS

The Commission finds as follows:

            1.      Bruce Johnson as applicant herein, is an interested part 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.      Gerrity Oil and Gas Corporation has not been able to reach an agreement with the surface owner, Bruce Johnson for the well to be drilled in the NE¼ SE¼ of Section 15, Township 2 North, Range 65 West, 6th P.M., Weld County.

            5.      Gerrity Oil and Gas Corporation has the right to drill in the NE¼ SE¼ of said Section 15, Township 2 North, Range 65 West, 6th P.M., Weld County and an Application for Permit-to-Drill has been issued to Gerrity Oil and Gas Corporation for that location, using the blanket surface bond on file with the oil and Gas Conservation Commission.

            6.      The request for an emergency hearing was discussed at the November 16, 1992 Commission hearing and the Commission directed the parties to hold at least two meetings in an attempt to reach a resolution prior to December 2, 1992. The Commission set that date for a hearing to consider the request for an emergency hearing in the event that a resolution was not reached. Testimony presented at the hearing on December 2, 1992 indicate that the parties met twice and were unable to reach a resolution on the amount of money necessary to properly restore any damage to the surface

            7.      An emergency does not exist and the matter should be heard at the regularly scheduled December hearing.

            8.      A motion for a stay of fifteen (15) days to prevent Gerrity Oil and Gas Corporation from drilling the well to be located in the NE¼ SE¼ of Section 15, Township 2 North, Range 65 West, 6th P.M., Weld County was filed by Bruce Johnson and the motion is denied.

ORDER

NOW, THEREFORE, IT IS ORDERED that the request to increase the surface bond for a well to be drilled in the NE¼ SE¼ of Section 15, Township 2 North., Range 65 West, 6th P.M., Weld County by Gerrity Oil and Gas Corporation is not deemed to be an emergence pursuant to the Rules and Regulations of the Oil and Gas Conservation Commission and the hearing in this matter in continued to the December 21 and 22, 1992 hearing. The request for an emergency hearing and the request for a fifteen (15) day stay in the matter is hereby denied.

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 orders.

ENTERED this 15^th day of December 1992, as of December 2, 1992.

OIL AND GAS CONSERVATION COMMISSION OF THE STATE OF COLORADO
	By Patricia C. Beaver, Secretary

Dated at Suite 380

1580 Logan Street

Denver, Colorado  80203

December 11, 1992