BEFORE THE OIL AND GAS CONSERVATION COMMISSION

OF THE STATE OF COLORADO

 

in the matter to govern operations in the young field, morgan county, colorado

)

)

)

)

 CAUSE NO. 1

 

 ORDER NO. 1-61

 

REPORT OF THE COMMISSION

 

                        This cause came on for hearing before the Commission on February 20, 1996, at 8:30 a.m., in Suite 801, the Chancery Building, 1120 Lincoln Street, Denver, Colorado, after giving Notice of Hearing, as required by law on the application of Wendell and Margaret Wacker regarding matters in the Young Gas Storage Field operated by Colorado Interstate Gas Company (C.I.G).

 

FINDINGS

 

                        The Commission finds as follows:

 

                        1.  Wendell and Margaret Wacker are applicants herein, are interested parties 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 November 16, 1995, Wendell and Margaret Wacker filed a written application with the Commission for a hearing to rule on the following issues:  1.  The Young Field No. 31 Well is currently used for water disposal into the "J" Sand Formation under the Young Field.  Although Applicant is outside of the quarter mile radius, it is their belief that waste water may migrate over time into their mineral holdings; therefore, compensation must be given;  2.  According to Commission records, Applicants' property does fall within the Young Field and compensation must be given;  3.  Applicant alleges that C.I.G. has released the property from current F.E.R.C. jurisdiction, but C.I.G. has kept the right to condemn Applicant's property at will.  This can be construed as a taking; 4.  Applicant alleges that C.I.G. is removing condensates and other hydrocarbons from Young Field without paying compensation to involved mineral owners.

 

                        5.  At the time of the February 20, 1996 hearing, after the presentation of limited testimony from the Applicant, as to whether the Applicants' have interested party status, the Commission should dismiss the Application due to lack of jurisdiction.

 

ORDER

 

                        NOW, THEREFORE, IT IS ORDERED, that the application of Wendell and Margaret Wacker, regarding matters in the Young Gas Storage Field is hereby dismissed due to lack of jurisdiction.

 

                        IT IS FURTHER ORDERED, that the provisions contained in the above order shall become effective on the date the order is entered.

 

                        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                           , 1996, as of February 20, 1996.

OIL AND GAS CONSERVATION COMMISSION OF THE STATE OF COLORADO

 

 

By

 

Patricia C. Beaver, Secretary

 

Dated at Suite 801

1120 Lincoln Street

Denver, Colorado  80203

March 11, 1996