IN THE MATTER OF THE PROMULGATION AND ESTABLISHMENT OF FIELD RULES TO GOVERN OPERATIONS IN THE CODELL-NIOBRARA SPACED AREA, WELD COUNTY, COLORADO Cause No. 407 Order No. 407-58

REPORT OF THE COMMISSION

This cause came on for hearing before the Commission on October 15, 1990, in Room 101, State Education Building, 201 East Colfax, Denver, Colorado, after giving Notice of Hearing, as required by law on the verified application of Bataa Oil, Inc., to establish two 40-acre drilling and spacing units for production from the Codell and Niobrara formations underlying an undrilled 80-acre unit, and further to pool all interests in the drilling and spacing unit consisting of the SW/4 SE/4 of Section 28, Township 4 North, Range 66 West, 6th P.M., Weld County, Colorado for the development and operation of oil and gas from the Codell-Niobrara formation underlying said unit, pursuant to Colorado Revised Statutes, 34-60-116, as amended.

FINDINGS

The Commission finds as follows:

1. Bataa Oil Inc., 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 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 E/2 and W/2 or the N/2 and S/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. 407-10 included the Niobrara formation and allowed downhole commingling of production from the Codell and Niobrara formations. The W/2 of the SE/4 of Section 28, Township 4 North, Range 66 West, 6th P.M. Weld County, Colorado lies within the area spaced by these orders.

5. No wells have been drilled in the W/2 of the SE/4 of said Section 28 to establish production from the Niobrara or Codell

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formations.

6. 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 407-10 and establish two 40-acre units consisting of the SW/4 SE/4 and NW/4 SE/4 of said Section 28 for the commingled production of oil, gas and associated hydrocarbons from the Niobrara and Codell formations.

7. Efforts have been made to obtain the voluntary pooling of all interests.

8. Based on the facts stated in the verified application, and receiving no protests and having been heard by the Director as Hearing Officer on October 11, 1990, and recommended for approval, the Commission should enter an order pooling all interests in the 40-acre drilling and spacing unit consisting of the SW/4 of the SE/4 of said Section 28 in order to insure proper and efficient development of the oil and gas from the Codell-Niobrara formation underlying said unit.

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9. An order of the Commission pooling all interests in said drilling unit is necessary in order to afford each owner of interest in each said drilling unit the opportunity to recover and receive his just and equitable share of the oil and/or gas from the common source of supply underlying said drilling unit.

10. Production obtained from said drilling unit should be allocated to each tract therein on the basis of the proportion that the number of acres in each tract bears to the total number of acres within said drilling unit.

11. At the time of administrative hearing the parties agreed to be bound by the verbal order of the Commission in this matter.

O R D E R

NOW, THEREFORE, IT IS ORDERED, that,

1. the unit consisting of the W/2 of the SE/4 of Section 28, Township 4 North, Range 66 West, 6th P.M., Weld County, Colorado be segregated into two 40-acre drilling and spacing units consisting of the SW/4 SE/4 and the NW/4 SE/4 for the commingled production of oil, gas and associated hydrocarbons from the Codell and Niobrara formations underlying these lands, and that Bataa Oil Inc., be designated the operator for the unit consisting of the SW/4 SE/4 of said Section 28 and the Commission hereby pools all interests in the 40-acre drilling and spacing unit consisting of the SW/4 SE/4 to insure proper and efficient development of the oil and gas from the Codell-Niobrara formation underlying said unit.

2. The production obtained from said drilling unit shall be allocated to each owner in the unit on the basis of the proportion that the number of acres in such tract bears to the total number of mineral acres within said drilling unit; each owner of an interest in said drilling unit shall be entitled to receive his share of the production of the well located on said drilling unit applicable to his interest is said drilling unit.

3. An order of the Commission pooling all interests in said drilling unit is necessary in order to afford each owner of interest in each said drilling unit the opportunity to recover and receive his just and equitable share of the oil and/or gas from the common source of supply underlying said drilling unit.

4. The owner of the unleased tract should be afforded the opportunity to elect whether to participate in the drilling and operation of said well, and pay a proportionate share of the actual costs thereof, which proportionate share shall be determined by dividing the number of acres in each unleased tract to the total number of acres within said drilling unit.

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5. Within thirty (30) days from the date of receipt of said AFE by the owner of said tract, such owner shall indicate whether he consents to the cost of the drilling of the well and agrees to participate in such costs. Such election shall be made in writing either by executing the AFE or similar document. In the event a written election to participate is not made by said owner within such time period, said owner shall be deemed to have elected not to participate and shall therefore be deemed to be non-consenting as to the well and be subject to the penalties as provided for by 34-60-116 (7).

6. Any non-consenting unleased mineral owner within the spacing unit shall be treated as the owner of the landowner's royalty to the extent of 12.5% of his or her record title interest, whatever that interest may be, until such time as the consenting owner recovers, only out of the non-consenting owner's proportionate 87.5% share of production, the costs specified in C.R.S. 34-60-116 (7)(b), as amended. After recovery of such costs, the non-consenting mineral owner shall then own his proportionate 8/8ths share of the well, surface facilities and production, and then be liable for his proportionate share of further costs incurred in connection with the well as if he had originally agreed to the drilling.

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7. The operator of any well drilled on the above described unit shall furnish all non-consenting owners with a monthly statement of all costs incurred, together with the quantity of oil and gas produced, and the amount of proceeds realized from the sale of production during the preceding month.

IT IS FURTHER ORDERED, that the provisions contained in the above order shall become effective after, in the absence of a protest, the fifth and final publication scheduled for October 24, 1990 which allows an additional ten day protest period, as required by C.R.C.P. Rule 4(h) and (g), should no protests be received. If protests are received, this matter will be scheduled for the next regular Commission hearing.

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 ,

1990, as of October 15, 1990.

OIL AND GAS CONSERVATION COMMISSION OF THE STATE OF COLORADO

By Patricia C. Beaver, Secretary Dated at Suite 380 1580 Logan Street Denver, Colorado 80203

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