IN THE MATTER OF THE ALLEGED VIOLATION OF THE RULES AND REGULATIONS OF THE OIL AND GAS CONSERVATION COMMISSION BY DEREK C4 MCWHINNEY IN LARIMER COUNTY, COLORADO

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Cause No. 1V Type: ENFORCEMENT Order No. 1V-9 (FORMERLY 1-42)

REPORT OF THE COMMISSION

This cause came on for hearing before the Commission on October 20, 1986 at 9:00 a.m., in Room 110 State Centennial Building, 1313 Sherman Street, Denver, Colorado, after giving Notice of Hearing as required by law, on the Commission's own motion concerning the violation by Derek C. McWhinney (McWhinney) of Rule Nos. 302t 303, 306, 307 and 308 of the Rules and Regulations of the Commission.

FINDINGS

The Commission finds as follows:

1. Due notice of the time, place and purpose of the hearing has been given in all respects as required by law.

2. 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.

3. On April 2, 1986, June 6, 1986, and September 2, 1986 the Commission requested from Mr. Derek C. Mc Whinney information, status and reports which are delinquent regarding the following wells in Larimer County, Colorado:

Township 5 North, Range 68 West, 6th P.M.

Well No. 1 Nasty SE 1/4 SE 1/4 Section 9

Well No. 1 Wicked NW 1/4 SW 1/4 Section 10

Well No. 1 Donnamite SW 1/4 SW 1/4 Section 10

Well No. 1 Mean NE 1/4 SE 1/4 Section 9

Well No. 1 McWhinney NE 1/4 SW 1/4 Section 17

There was no response to the above and Derek C. Mc Whinney is alleged to have violated or to be in violation of Rules 302, 303, 306, 307 and 308 of the-Rules and Regulation of the Commission.

4. Reports were filed with the Commission prior to the hearing and the cooperation by the agent for McWhinney is this matter was noted. McWhinney acknowledged his failure to comply sooner with this request and the Commission determined that a Violation of the Rules and Regulations, except for Rule 308 did occur and a penalty of One Thousand Dollars ($1000.00) should be assessed.

O R D E R

NOW, THEREFORE, IT IS ORDERED, that Derek C. McWhinney R. in accordance with 34-60-121, is hereby assessed a fine of One Thousand Dollars ($1000.000), which is to be remitted to the Oil and Gas Conservation Commission within 30-days upon receipt of this order.

IT IS FURTHER ORDERED, that the provisions contained in the above order shall become effective forthwith.

ENTERED this 30th day of October, 1986, as of October 20, 1986.

OIL AND GAS CONSERVATION COMMISSION OF THE STATE OF COLORADO

By Frank J. Piro, Secretary