REPORT OF THE COMMISSION

This cause came on for hearing before the Commission on May 20, 1975, at 9 A.M., in Room 532, State Services Building, Denver, Colorado, after giving Notice of Hearing as required by law on the application of William Chandler Whitehead, for an order realigning the 320-acre gas units in Section 12, Township 6 South, Range 62 West, 6th P.M., to the E/2 and W/2 rather than the N/2 and S/2. At the time of hearing the Com-mission requested that the applicant and protestant file legal briefs concerning this matter. Further hearing in the matter was held on August 19, 1975.

FINDINGS

The Commission finds as follows:

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

2. That the Commission has jurisdiction over the subject matter embraced in said Notice, and of the parries interested therein, and jurisdiction to promulgate the hereinafter prescribed order.

3. That on September 17, 1974, the Commission issued its Order No. 268-2 which established 320-acre drilling and spacing units for the production of gas and associa-ted hydrocarbons from the "J" Sand, with the permitted well to be located in the center of the NW/4 NW/4, or the NW/4 SE/4 of each section with a tolerance of 200 feet. The N/2 and S/2 of Section 12, Township 6 South, Range 62 West, 6th P.M., were designated as drilling and spacing units.

4. That based on the evidence presented at the hearing, the applicant did not sustain the burden of proof that, by the present designation of units in said Section 12, as established by Order No. 268-2, there is an abuse of correlative rights or that waste is occurring. Therefore, the application should be denied.

ORDER

NOW, THEREFORE, IT IS ORDERED, that the application of William Chandler Whitehead, requesting that Order No. 268-2 be amended to re-designate the drilling units in Section 12, Township 6 South, Range 62 West, 6th P.M., Doubletree Field, Elbert County, Colorado, is hereby denied.

ORDERED this 19th day of August, 1975.

THE OIL AND GAS CONSERVATION COMMISSION OF THE STATE OF COLORADO

By Frank J. Piro, Secretary