IN THE MATTER OF GENERAL RULES AND REGULATIONS WITH RESPECT TO THE CONSERVATION OF OIL AND GAS IN THE STATE OF COLORADO, AND RULES OF PRACTICE AND PROCEDURE PERTAINING THERETO AND IN PARTICULAR WITH REFERENCE TO RULE 323

BEFORE THE OIL AND GAS CONSERVATION COMMISSION

OF THE STATE OF COLORADO

IN THE MATTER OF THE PROMULGATION AND ESTABLISHMENT OF FIELD RULES TO GOVERN OPERATIONS IN THE CODELL- [sic] NIOBRARA SPACED AREA, WELD COUNTY, COLORADO

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CAUSE NO. 407

ORDER NO. 407-36

REPORT OF THE COMMISSION

This cause came on for hearing before the Commission on June 17, 1988 at 9:00 a.m., in Hearing Room "A", Legislative Services Building, 200 East 14th Street, Denver, Colorado, after giving Notice of Hearing as required by law, on the verified application of The Robert W. Gerrity Company for an order to amend Order No. 407-1 and 407-8 and establish two 40-acre drilling and spacing units for production from the Codell and Niobrara formations underlying an 80-acre unit and to allow downhole commingling of reduction from said formations.

FINDINGS

The Commission finds as follows:

1. The name of the applicant The Robert W. Gerrity Company has been officially amended to The Robert Gerrity Company since the filing of the application and The Robert Gerrity Company, as applicant herein, is an interested party in the subject matter of the above-entitled 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 December 19, 1983 the Commission authorized Order No. 407-1 to be issued to be issued [sic] which established 80-acre drilling and spacing units for the production of oil, gas and associated hydrocarbons from the Codell formation. The units consist of the E1/2 and W1/2 or the N1/2 and S1/2 of each governmental quarter-quarter section with a tolerance of 200 feet and the option to drill an additional well in the undrilled 40-acre tract. Subsequent Order No. 407-8 included the Niobrara formation and allowed downhole commingling of production from the Codell and Niobrara formations. The W1/2 SW1/4 Section 22, Township 5 North, Range 65 West, 6th P.M. is a drilling and spacing unit.

5. Based on the facts stated in the verified application and having been heard by the Hearing Officer who recommended approval of the application and having received no protests, the Commission should approve the request and amend Order Nos. 407-1 and 407-8 and establish two 40-acre drilling and spacing units consisting of (1) the NW1/4 SW1/4 and (2) the SW1/4 SW1/4, Section 22, Township 5 North, Range 65 West, 6th P.M. [sic] Weld County, Colorado for the commingled production of oil, gas and associated hydrocarbons from the Niobrara and Codell formation.

ORDER

NOW, THEREFORE, IT IS ORDERED, that Order Nos. 407-1 and 407-8 are hereby amended and 40-acre drilling and spacing units a hereby established for the commingled production of oil, gas and associated hydrocarbons from the Codell and Niobrara formations consisting of (1) the NW1/4 SW1/4 and (2) the SW1/4 SW1/4 Section 22, Township 5 North, Range 65 West, 6th P.M., Weld County Colorado.

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

ENTERED this 30th day of June, 1988 as of June 17, 1988.

OIL AND GAS CONSERVATION COMMISSION OF THE STATE OF COLORADO

Dennis R. Bicknell, Secretary