BEFORE THE OIL AND GAS CONSERVATION COMMISSION
OF THE STATE OF COLORADO

 

IN THE MATTER OF THE AMENDED APPLICATION OF WHITING OIL AND GAS CORPORATION for an order TO APPROVE UP TO A TOTAL OF 16 WELLS WITHIN EACH OF 21 approximate 640 to 960-acre drilling and spacing units for various sections in township 10 north, RANGE 57 WEST, AND TOWNSHIP 10 NORTH, RANGE 58 WEST, 6th P.M. for the niobrara formation, unnamed field, Weld County, Colorado

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CAUSE NO. 535

 

DOCKET NO. 1305-AW-20

 

ORDER NO. 535-314

 

REPORT OF THE COMMISSION

 

The Commission heard this matter on May 6, 2013, at the Weld County Southwest Services Complex, 4209 Weld County Road 24 ½, Longmont, Colorado, upon application for an order to approve up to a total of 16 horizontal wells within each of 21 approximate 640 to 960-acre drilling and spacing units established for various sections in Township 10 North, Range 57 West and Township 10 North, Range 58 West, 6th P.M., for the production of oil, gas and associated hydrocarbons from the Niobrara Formation.

 

FINDINGS

 

The Commission finds as follows:

 

1.         Whiting Oil and Gas Corporation (“Whiting” 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, 2011, the Commission entered Order No. 535-3 which established 160 approximate 640-acre drilling and spacing units, and approved up to one horizontal well within each unit, for the production of oil, gas and associated hydrocarbons from the Niobrara Formation.  Sections 25-28 and 31-35, Township 10 North, Range 58 West, 6th P.M. are subject to this Order for the Niobrara Formation.

 

6.         On August 8, 2011, the Commission entered Order No. 535-60 which established three approximate 960-acre drilling and spacing units, and approved up to four horizontal wells within each unit, for the production of oil, gas and associated hydrocarbons from the Niobrara Formation.  Sections 7 and 18, Township 10 North, Range 57 West, 6th P.M. are subject to this Order for the Niobrara Formation.

 

7.         On March 5, 2012, the Commission entered Order No. 535-150 which established three approximate 960-acre drilling and spacing units, and approved up to four horizontal wells within each unit, for the production of oil, gas and associated hydrocarbons from the Niobrara Formation.  Sections 2, 11, 14, 20 and 29, Township 10 North, Range 58 West, 6th P.M. are subject to this Order for the Niobrara Formation.

 

8.         On July 9, 2012, the Commission entered Order No. 535-178 which vacated the 640-acre drilling and spacing units established by Order No. 535-5 in Sections 26 through 28 and 31 through 35, Township 10 North, Range 58 West, 6th P.M. are subject to this Order for the Niobrara Formation.

 

9.         On July 9, 2012, the Commission entered Order No. 535-178 which established eight approximate 960-acre drilling and spacing units, and approved up to four horizontal wells within each unit, for the production of oil, gas and other associated hydrocarbons from the Niobrara Formation.  Sections 21 through 23, 26 through 29, and 30 through 35, Township 10 North, Range 58 West, 6th P.M. are subject to this Order for the Niobrara Formation.

 

10.       On July 9, 2012, the Commission entered Order No. 535-179 which established six approximate 960-acre drilling and spacing units, and approved up to four horizontal wells within each unit, for the production of oil, gas and associated hydrocarbons from the Niobrara Formation.  Sections 6, 7, 19, 20, 29 and 30, Township 10 North, Range 57 West, 6th P.M., and Sections 1 and 12, Township 10 North, Range 58 West, 6th P.M. are subject to this Order for the Niobrara Formation.

 

11.       On July 9, 2012, the Commission entered Order No. 535-180 which established an approximate 640-acre drilling and spacing unit, and approved up to four horizontal wells within the unit, for the production of oil, gas and associated hydrocarbons from the Niobrara Formation. Section 24, Township 10 North, Range 58 West, 6th P.M. is subject to this Order for the Niobrara Formation.

 

12.       On October 1, 2012, the Commission entered Order No. 535-204 which established six approximate 960-acre drilling and spacing units, and approved up to four horizontal wells within each unit, for the production of oil, gas and associated hydrocarbons from the Niobrara Formation.  Sections 8, 17, 29 and 32, Township 10 North, Range 57 West, 6th P.M. are subject to this Order for the Niobrara Formation.

 

13.       On March 25, 2013, the Commission entered Order No. 535-298 which established an approximate 640-acre drilling and spacing unit, and approved up to four horizontal wells within the unit, for the production of oil, gas and associated hydrocarbons from the Niobrara Formation.  Section 16, Township 10 North, Range 57 West, 6th P.M. is subject to this Order for the Niobrara Formation.

 

14.       On March 25, 2013, the Commission entered Order No. 535-296 which approved up to eight horizontal wells within each of 21 approximate 640 to 960-acre drilling and spacing units, for the production of oil, gas and associated hydrocarbons from the Niobrara Formation, with the treated interval of the wellbore to be no closer than 200 feet from the treated interval of any other wellbore producing from the Niobrara formation, and no closer than 100 feet from a unit boundary unless such boundary abuts or corners lands for which the Commission has not at the time of the drilling permit application granted the right to locate the treated interval of the wellbore no closer than 100 feet from a unit boundary, without exception being granted by the Director.  If the Commission has not at the time of the drilling permit application granted to the owners of the adjacent or cornering lands the right to locate the treated interval of the wellbore no closer than 100 feet from a unit boundary, then the treated interval of the wellbore shall be located no closer than the distance permitted in the adjacent or cornering lands.  The below-described Application Lands are subject to this Order for the Niobrara Formation.

 

15.       On March 8, 2013 (Amended April 3, 2013), Whiting, by its attorneys, filed with the Commission pursuant to §34-60-116 C.R.S., a verified amended application (“Amended Application”) for an order to approve up to a total of sixteen horizontal wells within each of 21 approximate 640 to 960-acre drilling and spacing units established for the below-described lands (“Application Lands”), for the production of oil, gas and associated hydrocarbons from the Niobrara Formation, with the same treated interval and unit setbacks as approved in Order No. 535-296:

 

Township 10 North, Range 57 West, 6th P.M.                        (DSU #1, 960-acre)

Section   6:      All        (consisting of Lots 1, 2, 3, 4, 5, 6, 7, S½ NE¼, SW¼ NW¼,

                                    E½ SW¼, SE¼)

Section   7:           (consisting of Lots 1, 2, E½ NW¼, NE¼)

 

Township 10 North, Range 57 West, 6th P.M.                        (DSU #2, 960-acre)

Section   7:           (consisting of Lots 3, 4, E½ SW¼, SE¼)

Section 18:      All        (consisting of Lots 1, 2, 3, 4, E½ W½, E½)

 

Township 10 North, Range 57 West, 6th P.M.                        (DSU #3, 960-acre)

Section 19:      All        (consisting of Lots 1, 2, 3, 4, E½ W½, E½)

Section 30:           (consisting of Lots 1, 2, E½ NW¼, NE¼)

 

Township 10 North, Range 57 West, 6th P.M.                        (DSU #4, 960-acre)

Section   8:     

Section 17:      All

 

Township 10 North, Range 57 West, 6th P.M.                        (DSU #5, 640-acre)

Section 16:      All

 

Township 10 North, Range 57 West, 6th P.M.                        (DSU #6, 960-acre)

Section 20:      All

Section 29:     

 

Township 10 North, Range 57 West, 6th P.M.                        (DSU #7, 960-acre)

Section 29:     

Section 32:      All

 

Township 10 North, Range 58 West, 6th P.M.                        (DSU #8, 960-acre)

Section   1:      All        (consisting of Lots 1, 2, 3, 4, S½ N½, S½)

Section 12:     

 

Township 10 North, Range 58 West, 6th P.M.                        (DSU #9, 960-acre)

Section   2:      All        (consisting of Lots 1, 2, 3, 4, S½ N½, S½)

Section 11:     

 

Township 10 North, Range 58 West, 6th P.M.                        (DSU #10, 960-acre)

Section 11:     

Section 14:      All

 

Township 10 North, Range 58 West, 6th P.M.                        (DSU #11, 960-acre)

Section 20:      All

Section 29:     

 

Township 10 North, Range 58 West, 6th P.M.                        (DSU #12, 960-acre)

Section 21:      All

Section 28:     

 

Township 10 North, Range 58 West, 6th P.M.                        (DSU #13, 960-acre)

Section 22:      All

Section 27:     

 

Township 10 North, Range 58 West, 6th P.M.                        (DSU #14, 960-acre)

Section 23:      All

Section 26:     

 

Township 10 North, Range 58 West, 6th P.M.                        (DSU #15, 640-acre)

Section 24:      All

 

Township 10 North, Range 58 West, 6th P.M.                        (DSU #16, 640-acre)

Section 25:      All

 

Township 10 North, Range 58 West, 6th P.M.                        (DSU #17, 960-acre)

Section 26:     

Section 35:      All

 

Township 10 North, Range 58 West, 6th P.M.                        (DSU #18, 960-acre)

Section 27:     

Section 34:      All

 

Township 10 North, Range 58 West, 6th P.M.                        (DSU #19, 960-acre)

Section 28:     

Section 33:      All

 

Township 10 North, Range 58 West, 6th P.M.                        (DSU #20, 960-acre)

Section 29:     

Section 32:      All

 

Township 10 North, Range 58 West, 6th P.M.                        (DSU #21, 960-acre)

Section 30:           (consisting of Lots 3, 4, E½ SW¼, SE¼)

Section 31:      All        (consisting of Lots 1, 2, 3, 4, E½ W½, E½)

 

16.       On April 23, 2013, Whiting, 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.

 

            17.       Land testimony and exhibits submitted in support of the Application by Scott McDaniel, Regional Land Manager for Whiting, showed that Whiting owns significant leasehold interests in the Application Lands, and that all of the unleased mineral interest owners and mineral lessees within the Application Lands and lands which are contiguous or corner to the Application Lands received notice of this Application.

 

18.       Geologic testimony and exhibits submitted in support of the Application by John R. Forster, Regional Geologic Manager for Whiting, showed the gross thickness of the Niobrara Formation under the Application Lands ranges from 300-360 feet, and averages 328 feet across the Application Lands. Testimony further showed the Niobrara Formation is present and continuous throughout the Application Lands and constitutes a common source of supply.

 

19.       Engineering testimony and exhibits submitted in support of the Application by Ralph L. Nelms, Senior Reservoir Engineer for Whiting, included a rate transient analysis (RTA), data from downhole pressure gauge responses, and volumetric and economic analysis supporting horizontal wellbore density of up to 16 wells per 640 to 960-acre unit.  Further testimony concluded the economics of the project are sound.

 

20.       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.

 

21.       Whiting agreed to be bound by oral order of the Commission. 

 

22.       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 approve up to a total of 16 horizontal wells within each of 21 approximate 640 to 960-acre drilling and spacing units established for various sections in Township 10 North, Range 57 West and Township 10 North, Range 58 West, 6th P.M., for the production of oil, gas and associated hydrocarbons from the Niobrara Formation.

 

ORDER

 

NOW, THEREFORE IT IS ORDERED, that up to a total of 16 horizontal wells within each of 21 approximate 640 to 960-acre drilling and spacing units established for the below-described lands (“Application Lands”), are hereby approved, for the production of oil, gas and associated hydrocarbons from the Niobrara Formation, with the treated interval of the wellbore to be no closer than 200 feet from the treated interval of any other wellbore producing from the Niobrara formation, and no closer than 100 feet from a unit boundary unless such boundary abuts or corners lands for which the Commission has not at the time of the drilling permit application granted the right to locate the treated interval of the wellbore no closer than 100 feet from a unit boundary, without exception being granted by the Director.  If the Commission has not at the time of the drilling permit application granted to the owners of the adjacent or cornering lands the right to locate the treated interval of the wellbore no closer than 100 feet from a unit boundary, then the treated interval of the wellbore shall be located no closer than the distance permitted in the adjacent or cornering lands:

 

Township 10 North, Range 57 West, 6th P.M.                        (DSU #1, 960-acre)

Section   6:      All        (consisting of Lots 1, 2, 3, 4, 5, 6, 7, S½ NE¼, SW¼ NW¼,

                                    E½ SW¼, SE¼)

Section   7:           (consisting of Lots 1, 2, E½ NW¼, NE¼)

 

Township 10 North, Range 57 West, 6th P.M.                        (DSU #2, 960-acre)

Section   7:           (consisting of Lots 3, 4, E½ SW¼, SE¼)

Section 18:      All        (consisting of Lots 1, 2, 3, 4, E½ W½, E½)

 

Township 10 North, Range 57 West, 6th P.M.                        (DSU #3, 960-acre)

Section 19:      All        (consisting of Lots 1, 2, 3, 4, E½ W½, E½)

Section 30:           (consisting of Lots 1, 2, E½ NW¼, NE¼)

 

Township 10 North, Range 57 West, 6th P.M.                        (DSU #4, 960-acre)

Section   8:     

Section 17:      All

 

Township 10 North, Range 57 West, 6th P.M.                        (DSU #5, 640-acre)

Section 16:      All

 

Township 10 North, Range 57 West, 6th P.M.                        (DSU #6, 960-acre)

Section 20:      All

Section 29:     

 

Township 10 North, Range 57 West, 6th P.M.                        (DSU #7, 960-acre)

Section 29:     

Section 32:      All

 

Township 10 North, Range 58 West, 6th P.M.                        (DSU #8, 960-acre)

Section   1:      All        (consisting of Lots 1, 2, 3, 4, S½ N½, S½)

Section 12:     

 

Township 10 North, Range 58 West, 6th P.M.                        (DSU #9, 960-acre)

Section   2:      All        (consisting of Lots 1, 2, 3, 4, S½ N½, S½)

Section 11:     

 

Township 10 North, Range 58 West, 6th P.M.                        (DSU #10, 960-acre)

Section 11:     

Section 14:      All

 

Township 10 North, Range 58 West, 6th P.M.                        (DSU #11, 960-acre)

Section 20:      All

Section 29:     

 

Township 10 North, Range 58 West, 6th P.M.                        (DSU #12, 960-acre)

Section 21:      All

Section 28:     

 

Township 10 North, Range 58 West, 6th P.M.                        (DSU #13, 960-acre)

Section 22:      All

Section 27:     

 

Township 10 North, Range 58 West, 6th P.M.                        (DSU #14, 960-acre)

Section 23:      All

Section 26:     

 

Township 10 North, Range 58 West, 6th P.M.                        (DSU #15, 640-acre)

Section 24:      All

 

Township 10 North, Range 58 West, 6th P.M.                        (DSU #16, 640-acre)

Section 25:      All

 

Township 10 North, Range 58 West, 6th P.M.                        (DSU #17, 960-acre)

Section 26:     

Section 35:      All

 

Township 10 North, Range 58 West, 6th P.M.                        (DSU #18, 960-acre)

Section 27:     

Section 34:      All

 

Township 10 North, Range 58 West, 6th P.M.                        (DSU #19, 960-acre)

Section 28:     

Section 33:      All

 

Township 10 North, Range 58 West, 6th P.M.                        (DSU #20, 960-acre)

Section 29:     

Section 32:      All

 

Township 10 North, Range 58 West, 6th P.M.                        (DSU #21, 960-acre)

Section 30:           (consisting of Lots 3, 4, E½ SW¼, SE¼)

Section 31:      All        (consisting of Lots 1, 2, 3, 4, E½ W½, E½)

 

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 Procedures 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 _____ day of May, 2013, as of May 6, 2013.

           

 

                                                                        OIL AND GAS CONSERVATION COMMISSION

                                                                        OF THE STATE OF COLORADO

 

 

                                                                        By____________________________________       

                                                                                    Robert J. Frick, Secretary