REPORT OF THE COMMISSION

This cause came on for hearing before the Commission on January 15, 1974 at 9 A.M., in the Department of Revenue Hearing Room, State Capitol Annex, Denver, Colorado, after giving Notice of Hearing as required by law, on the application of Lois M. Whitehead, Individually, and as Trustee under the will of Charles S. White-head, William C. Whitehead, Loren Morris and Clarence Morris, for an order to amend or vacate Order No. 276-1 to change the 160-acre drilling and spacing units to 80-acre units in the area known as the Comanche Creek Field, Elbert County, Colorado.

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 parties interested therein., and jurisdiction to promulgate the hereinafter prescribed order.

3. That on September 18, 1973 the Commission issued its Order No. 276-1, which order, among other things, established 160-acre drilling and spacing units for the production of oil and associated hydrocarbons from the "D" Sand, with the permitted well for each unit to be located in the NW/4 of each quarter section.

4. That the applicants did not establish by a preponderance of the evidence that, (1) one well will not efficiently and economically drain an area of approximately 160-acres, (2) there will be substantial waste created by the 160-acre spacing pattern and, (3) Order No. 276-1 which established the 160-acre drilling and spacing units, does not protect the correlative rights of all parties concerned. Therefore, the application should be denied.

ORDER

NOW, THEREFORE, IT IS ORDERED, that the application of Lois M. Whitehead, Individually and as Trustee under the will of Charles S. Whitehead, William C. Whitehead, Loren Morris and Clarence Morris, requesting to amend or vacate the provisions of Order No. 276-1 for the Comanche Creek Field, Elbert County, Colorado to change the 160-acre drilling and spacing units to 80-acre units is hereby denied.

(over)

IT IS FURTHER ORDERED, that the Commission expressly reserves its right, after notice and hearing, to alter, amend or repeal the above order.

ORDERED this 15th day of January 1974.

THE OIL AND GAS CONSERVATION COMMISSION OF THE STATE OF COLORADO By Frank J. Piro, Secretary

(#276-2)