BEFORE THE OIL AND GAS CONSERVATION COMMISSION
OF THE STATE OF COLORADO
IN THE MATTER OF THE APPLICATION OF NOBLE ENERGY, INC. FOR AN ORDER POOLING
ALL INTERESTS IN AN APPROXIMATE 396.55-ACRE WELLBORE SPACING UNIT LOCATED IN
SECTIONS 11 THROUGH 14, TOWNSHIP 4 NORTH, RANGE 64 WEST, 6TH P.M. FOR
THE NIOBRARA FORMATION, WATTENBERG FIELD, WELD COUNTY, COLORADO |
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CAUSE NO. 407
ORDER NO. 407-726
DOCKET NO. 1211-UP-259 |
REPORT OF THE COMMISSION
The Commission heard this matter on November 15, 2012, at the office of the
Colorado Oil and Gas Conservation Commission, 1120 Lincoln Street, Suite 801,
Denver, Colorado, upon application for an order to pool all interests in an
approximate 396.55-acre wellbore spacing unit for Sections 11 through 14,
Township 4 North, Range 64 West, 6th P.M., to accommodate the Toby
C12-79HN Well, for the development and operation of the Niobrara Formation.
FINDINGS
The Commission finds as follows:
1.
Noble Energy, Inc.,
(“Noble” or “Applicant”), as applicant herein, is an interested party in the
subject matter of the above-referenced 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 pursuant to the Oil and Gas Conservation Act.
4.
On February 19, 1992, the Commission issued Order No. 407-87 (amended
August 20, 1993) which, among other things, established 80-acre drilling and
spacing units for the production of oil, gas and associated hydrocarbons from
the Niobrara Formation. Sections 11
through 14, Township 4 North, Range 64 West, 6th P.M. are subject to
this Order for the Niobrara Formation.
5.
On April 27, 1998, the Commission adopted Rule 318A which, among other
things, allowed certain drilling locations to be utilized to drill or twin a
well, deepen a well or recomplete a well and to commingle any or all of the
Cretaceous Age Formation from the base of the Dakota Formation to the surface. On December 5, 2005, Rule 318A was
amended to allow interior infill and boundary wells to be drilled and wellbore
spacing units to be established. On
August 8, 2011, Rule 318A was again amended to, among other things, address
drilling of horizontal wells.
Sections 11 through 14, Township 4 North, Range 64 West, 6th P.M. is
subject to Rule 318A for the Niobrara Formation.
6.
On August 8, 2011, the Commission issued Order No. 407-459, which among
other things, established an approximate 400-acre wellbore spacing unit for
certain lands and approved one horizontal well within the unit for the
development and production of oil, gas and associated hydrocarbons from the
Niobrara Formation. Sections 11
through 14, Township 4 North, Range 64 West, 6th P.M. is subject to
this Order for the Niobrara Formation.
7.
On September 17, 2012, Noble, by its attorneys, filed with the Commission
pursuant to § 34-60-116 C.R.S., a verified application (“Application”) for an
order to pool all interests in an approximate 396.55-acre wellbore spacing unit
for the below-described lands (“Application Lands”), for the development and
operation of the Niobrara Formation, effective as of the earlier of the date of
the Application, or the date that any of the costs specified in C.R.S. §
34-60-116(7)(b)(II) were first incurred for the drilling of the Toby C12-79HN
Well (API No. 05-123-34676) (“Well”), and to subject any nonconsenting interests
to the cost recovery provisions of C.R.S. § 34-60-116(7):
Township 4 North, Range 64 West, 6th P.M.
Section 11: E½ NE¼, E½ SE¼
Section 12:
W½ NW¼, W½ SW¼
Section 13:
NW¼ NW¼
Section 14:
NE¼ NE¼
8.
On November 1, 2012, Noble, by its attorneys, filed with the Commission a
written request to approve the Application based on the merits of the verified
application and the supporting exhibits.
Sworn written testimony and exhibits were submitted in support of the
Application.
9.
Land Testimony and exhibits submitted in support of the Application by
Joseph H. Lorenzo, Senior Land Manager for Noble, showed that all nonconsenting
interest owners were notified of the Application and received and Authority for
Expenditure ("AFE") and offer to participate in the Well.
Further testimony concluded that the AFE
sent by the Applicant to the interest owners was a fair and reasonable estimate
of the costs of the proposed drilling operation and was received at least 30
days prior to the November 15, 2012 hearing date.
10. The
above-referenced testimony and exhibits show that granting the Application will
allow more efficient reservoir drainage, will prevent waste, will assure a
greater ultimate recovery of hydrocarbons, and will not violate correlative
rights.
11.
Noble agreed to be bound by oral order of the Commission.
12.
Based on the facts stated in the verified Application, having received no
protests, and based on the Hearings Officer review of the Application under Rule
511., the Commission should enter an order to pool all interests in an
approximate 396.55-acre wellbore spacing unit for Sections 11 through 14,
Township 4 North, Range 64 West, 6th P.M., to accommodate the Toby
C12-79HN Well, for the development and operation of the Niobrara Formation.
ORDER
NOW, THEREFORE IT IS
ORDERED, that:
1.
Pursuant to the provisions of §34-60-116, C.R.S., as amended, of the Oil
and Gas Conservation Act, all interests in an approximate 396.55-acre wellbore
spacing unit established for the below-described lands, are hereby pooled, for
the development and operation of the Niobrara Formation, effective as of the
earlier of the date of the Application, or the date that the costs specified in
C.R.S. §34-60-116(7)(b)(II) are first incurred for the drilling of the Toby
C12-79HN Well:
Township 4 North, Range 64 West, 6th P.M.
Section 11: E½ NE¼, E½ SE¼
Section 12:
W½ NW¼, W½ SW¼
Section 13:
NW¼ NW¼
Section 14:
NE¼ NE¼
2.
The production obtained from the wellbore spacing 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 the
wellbore spacing unit; each owner of an interest in the wellbore spacing unit
shall be entitled to receive its share of the production of the Well located on
the wellbore spacing unit applicable to its interest in the wellbore spacing
unit.
3.
The nonconsenting leased (working interest) owners must reimburse the
consenting working interest owners for their share of the costs and risks of
drilling and operating the Well (including penalties as provided by
§34-60-116(7)(b), C.R.S.) out of production from the wellbore spacing unit
representing the cost-bearing interests of the nonconsenting working interest
owners as provided by §34-60-116(7)(a), C.R.S.
4.
Any unleased owners are hereby deemed to have elected not to participate
and shall therefore be deemed to be nonconsenting as to the Well and be subject
to the penalties as provided for by §34-60-116 (7), C.R.S.
5.
Each nonconsenting unleased owner within the wellbore spacing unit shall
be treated as the owner of the landowner's royalty to the extent of 12.5% of its
record title interest, whatever that interest may be, until such time as the
consenting owners recover, only out of each nonconsenting owner's proportionate
87.5% share of production, the costs specified in §34-60-116(7)(b), C.R.S. as
amended. After recovery of such
costs, each unleased nonconsenting mineral owner shall then own its
proportionate 8/8ths share of the Well, surface facilities and production, and
then be liable for its proportionate share of further costs incurred in
connection with the Well as if it had originally agreed to the drilling.
6.
The operator of the well drilled on the above-described wellbore spacing
unit shall furnish the nonconsenting 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.
7.
Nothing in this order is intended to conflict with §34-60-116, C.R.S., as
amended. Any conflict that may arise
shall be resolved in favor of the statute.
IT IS FURTHER ORDERED, that
the wellbore spacing unit described above, shall be considered a drilling and
spacing unit established by the Commission for purposes of Rule 530.a.
IT IS FURTHER ORDERED,
that the provisions contained in the above order shall become effective
immediately.
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.
IT IS FURTHER ORDERED, that under the State Administrative Procedure Act the
Commission considers this Order to be final agency action for purposes of
judicial review within 30 days after the date this Order is mailed by the
Commission.
IT IS FURTHER ORDERED, that an application for reconsideration by the Commission
of this Order is not required prior to the filing for judicial review.
ENTERED this 26th
day of November, 2012, as of November 15, 2012.
OIL AND GAS CONSERVATION COMMISSION
OF THE STATE OF COLORADO
By____________________________________
Robert J. Frick, Secretary