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 FOR THE NIOBRARA, FORT HAYS, CODELL, AND CARLILE FORMATIONS, HEREFORD FIELD, WELD COUNTY, COLORADO

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CAUSE NO. 421

 

DOCKET NO. 190300222

 

TYPE: POOLING

 

ORDER NO. 421-157

REPORT OF THE COMMISSION

 

The Commission heard this matter on May 21, 2019, at the Colorado Oil and Gas Conservation Commission, 1120 Lincoln Street, Suite 801, Denver, Colorado, upon application for an order to pool all interests within an approximate 1,280-acre drilling and spacing unit established for the below-described lands (“Application Lands”), and to subject any nonconsenting interests to the cost recovery provisions of §34-60-116(7), C.R.S., for the drilling of the Fox Creek 27-5708B Well (API No. 05-123-49157), Fox Creek 27-5807B Well (API No. 05-123-49156), Fox Creek 27-5807D Well (API No. 05-123-49155), Fox Creek 27-5906B Well (API No. 05-123-49154), Fox Creek 27-6005D Well (API No. 05-123-49158), Fox Creek 27-6104B Well (API No. 05-123-49806), Fox Creek 27-6203B Well (API No. 05-123-49802), Fox Creek 27-6203D Well (API No. 05-123-49804), Fox Creek 27-6302B Well (API No. 05-123-49803), Fox Creek 27-6401B Well (API No. 05-123-49801), and the Fox Creek 27-6401D Well (API No. 05-123-49805) (“Wells”), for the development and operation of the Niobrara, Fort Hays, Codell, and Carlile Formations:

 

Township 12 North, Range 63 West, 6th P.M.

Section 22:      All that portion lying within the State of Colorado

Section 27:      All

 

FINDINGS

 

The Commission finds as follows:

 

1.         HighPoint Operating Corporation (Operator No. 10071) (“HighPoint” 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 22, 2010 (corrected January 19, 2012), the Commission entered into Order No. 421-1 which, among other things, established two approximate 640-acre drilling and spacing units for the Application Lands, and approved one horizontal well within each unit, for production from the Niobrara Formation, with the productive interval of the wellbore to be located no closer than 600 feet from the unit boundaries, without exception being granted by the Director.

 

5.         On January 7, 2013, the Commission entered Order No. 421-17 which, among other things, vacated two approximate 640-acre drilling and spacing units established by Order No. 421-1 for the Application Lands, and established an approximate 1,265-acre stand-up exploratory drilling and spacing unit for the Application Lands, and approved up to ten wells within the unit, for production from the Niobrara Formation.

 

6.         On January 26, 2015 (amended as of April 13, 2015), the Commission entered Order No. 421-57 which, among other things, established an approximate 1,280-acre drilling and spacing unit for the Application Lands, and approved one horizontal well within the unit, for production from the Codell Formation. 

 

7.         On July 20, 2015, the Commission entered Order No. 421-64 which, among other things, modified Order No. 421-57 to allow for a total of up to six horizontal wells within the approximate 1,280-acre drilling and spacing unit established for the Application Lands, for production from the Codell Formation, with the productive interval of the wellbore to be located no closer than 460 feet from the unit boundaries, and no closer than 150 feet from the productive interval of any other wellbore located in the unit, without exception being granted by the Director.

 

8.         On December 12, 2016, the Commission entered Order No. 421-77 which, among other things, modified Order Nos. 421-57 and 421-64 to allow the productive interval of any permitted well to be located no closer than 300 feet from the unit boundaries of the approximate 1,280-acre drilling and spacing unit established for the Application Lands, for production from the Codell Formation.

9.         On March 20, 2017, the Commission entered Order No. 421-87 which, among other things, pooled all interests within an approximate 1,280-acre drilling and spacing unit established for the Application Lands, and subjected any nonconsenting interests to the cost recovery provisions of §34-60-116(7), C.R.S., for the drilling of the Fox Creek 223-3422H Well (API No. 05-123-42580), for production from the Niobrara and Codell Formations.

10.       On July 30, 2018, the Commission entered Order No. 421-116 which, among other things, amended Order No. 421-17 which established the approximate 1,265-acre exploratory drilling and spacing unit for the Application Lands, for the Niobrara Formation, to include the Fort Hays, Codell, and Carlile Formations and approved fifteen (15) new horizontal wells for total of up to sixteen (16) horizontal wells in the approximate 1,280-acre unit for production from the Niobrara, Fort Hays, Codell, and Carlile Formations.

 

11.       On January 10, 2019, which was at least 90 days before the Commission heard this matter, HighPoint filed a verified application (“Application”) pursuant to §34-60-116, C.R.S., for an order to pool all interests in the Application Lands, for the development and operation of the Niobrara, Fort Hays, Codell, and Carlile Formations, and to subject any nonconsenting interests to the cost recovery provisions of §34-60-116(7), C.R.S., for the drilling of the Wells.

 

12.       The Applicant filed with the Commission a written request to approve the Application based on the merits of the Application and the supporting exhibits. Sworn written testimony and exhibits were submitted in support of the Application.

 

13.       Land testimony and exhibits submitted in support of the Application by Teale Stone, Landman for HighPoint, show that the Applicant owns, or has secured the consent of the owners of, more than 45% of the mineral interest to be pooled. In addition, the land testimony and exhibits show that the owners within the unit received a reasonable offer to lease or participate at least 90 days before the hearing date, that the owners to be pooled did not elect in writing to consent to the Wells within 60 days after receiving the offer to participate, and that any unleased owners had at least 60 days to review a reasonable offer to lease but either refused it or have not yet accepted it.

 

14.       The land testimony and exhibits also demonstrate that the offers to lease were made in good faith, contained the contact information for a representative of the Applicant, and contained the Commission’s pooling brochure or a link to access it.

 

15.       In addition, the land testimony and exhibits show that the offers to participate contained the Commission’s pooling brochure or a link to access it, the particular owner’s share of the total estimated drilling and completion costs for the Wells, and the following information for each Well: the location, measured depth, true vertical depth, lateral length, total estimated drilling and completion cost, and the estimated spud date.

 

16.       Land testimony showed the Applicant complied with the requirements of Rule 530 and the Act, and is entitled to the cost recovery provisions pursuant to §34-60-116(7), C.R.S., for the Wells, but did not provide testimony for any subsequent wells.

 

17.       Granting the Application is consistent with the protection of public health, safety, welfare, the environment, and wildlife resources.

 

18.       HighPoint agreed to be bound by oral order of the Commission.

 

19.       Based on the facts stated in the verified Application, having received no protests, and based on the Hearing Officer review of the Application under Rule 511., the Commission should enter an order to pool all interests in the Application Lands, and to subject any nonconsenting interests to the cost recovery provisions of §34-60-116(7), C.R.S., for the drilling of the Wells, for the development and operation of the Niobrara, Fort Hays, Codell, and Carlile Formations.

 

ORDER

 

IT IS HEREBY ORDERED:

 

1.         Pursuant to the provisions of §34-60-116, C.R.S., all interests in an approximate 1,280-acre drilling and spacing unit established for the Application Lands are hereby pooled, for the development and operation of the Niobrara, Fort Hays, Codell, and Carlile Formations, effective as of the date the Application was filed.

 

2.         The production obtained from the drilling and 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 drilling and spacing unit; each owner of an interest in the drilling and spacing unit shall be entitled to receive its share of the production of the Wells located on the drilling and spacing unit applicable to its interest in the drilling and spacing unit.

 

3.         The following working interest owner(s) did not elect to participate in the Well(s) or failed to make a timely election and are hereby deemed to be nonconsenting and subject to the penalties as provided for in §34-60-116(7), C.R.S: Kaiser Francis Oil Company, Incline Niobrara Partners, LP, and Top Notch Land Services. Each nonconsenting working interest owner must reimburse the consenting owners for the owner’s proportionate share of the costs and risks of drilling and operating the Well(s) from the owner’s proportionate share of production, subject to non-cost bearing interests, if and to the extent that the royalty is consistent with the lease terms prevailing in the area and is not designed to avoid the recovery of costs provided for in §34-60-116(7)(b), C.R.S., until costs and penalties are recovered as set forth in §34-60-116(7), C.R.S.

 

4.         The following unleased owner(s) did not elect to participate in the Well(s) or failed to make a timely election and are hereby deemed to be nonconsenting and subject to the penalties as provided for in §34-60-116(7), C.R.S.: None

 

5.         Any nonconsenting unleased owner shall be deemed to have a landowner's royalty, proportionate to each owner’s record title interest, of:

 

a.            for a gas well as defined in the Commission Regulations, 13% until the consenting owners recover, only out of each nonconsenting owner's proportionate 87% share of production, the costs specified in §34-60-116(7)(b), C.R.S.;

 

b.            for an oil well as defined in the Commission Regulations, 16% until the consenting owners recover, only out of each nonconsenting owner's proportionate 84% share of production, the costs specified in §34-60-116(7)(b), C.R.S.

 

After recovery of the costs specified in §34-60-116(7)(b), C.R.S., each unleased nonconsenting mineral owner owns its proportionate 8/8ths share of the Wells, surface facilities, and production, and is liable for its proportionate share of further costs as if the nonconsenting owner had originally agreed to the drilling.

 

6.         The operator of the Wells 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.         A nonconsenting owner is immune from liability for costs arising from spills, releases, damage, or injury resulting from oil and gas operations on the drilling and spacing unit.

 

8.         The operator shall not use the surface owned by a nonconsenting owner without the nonconsenting owner’s permission.

 

9.         Nothing in this order is intended to conflict with §34-60-116, C.R.S. Any conflict that may arise shall be resolved in favor of the statute.

 

IT IS FURTHER ORDERED:

 

1.         The provisions contained in the above order shall become effective immediately.

 

2.         The Commission expressly reserves its right, after notice and hearing, to alter, amend or repeal any and/or all of the above orders.

 

3.         Under the State Administrative Procedure Act, the Commission considers this Order to be final agency action for purposes of judicial review within 35 days after the date this Order is mailed by the Commission.

 

4.         An application for reconsideration by the Commission of this Order is not required prior to the filing for judicial review.

 

ENTERED this 30th day of May, 2019, as of May 21, 2019

           

OIL AND GAS CONSERVATION COMMISSION

OF THE STATE OF COLORADO

 

 

By____________________________________

Mimi C. Larsen, Secretary