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

 

IN THE MATTER OF THE APPLICATION OF CONOCOPHILLIPS COMPANY, FOR AN ORDER TO POOL ALL INTERESTS WITHIN AN APPROXIMATE 1280-ACRE EXPLORATORY DRILLING AND SPACING UNIT FOR SECTIONS 23 AND 24, TOWNSHIP 4 SOUTH, RANGE 65 WEST, 6TH P.M. FOR THE NIOBRARA FORMATION, UNNAMED FIELD, ARAPAHOE COUNTY, COLORADO

)

)

)

)

)

)

)

)

CAUSE NO. 535

 

DOCKET NO. 1309-UP-200

 

ORDER NO. 535-426

 

REPORT OF THE COMMISSION

 

The Commission heard this matter on October 28, 2013, at the Limon Community Center, 477 D Avenue, Limon, Colorado, upon application for an order to pool all interests in an approximate 1280-acre exploratory drilling and spacing unit established for Sections 23 and 24, Township 4 South, Range 65 West, 6th P.M., to accommodate the Grimm Motocross 4-65-23-24 1H Well, for the development and operation of the Niobrara Formation.

 

FINDINGS

 

The Commission finds as follows:

 

1.         ConocoPhillips Company (“ConocoPhillips” 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 November 29, 2011, the Commission entered Order No. 535-97 which, among other things, established 25 approximate 640-acre drilling and spacing units and approved up to two horizontal wells within each unit, for the production of oil, gas and associated hydrocarbons from the Niobrara Formation. Sections 23 and 24, Township 4 South, Range 65 West, 6th P.M. are subject to this Order for the Niobrara Formation.

 

5.         On July 18, 2013, ConocoPhillips, by its attorneys, filed with the Commission pursuant to §34-60-116 C.R.S., a verified concurrent application (“Concurrent Application”), Docket No. 1309-SP-1189, for an order to vacate two approximate 640-acre drilling and spacing units established by Order No. 535-97 for Section 23 and 24, Township 4 South, Range 65 West, 6th P.M. and establish an approximate 1280-acre exploratory drilling and spacing unit and approve up to two horizontal wells within the unit. 

 

6.         On July 18, 2013, ConocoPhillips, 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 1280-acre exploratory drilling and spacing unit established 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 Grimm Motorcross  4-65 23-24 1H Well and one other well (API Nos. – to be determined) (“Wells”), and to subject any nonconsenting interests to the cost recovery provisions of C.R.S. §34-60-116(7):

 

Township 4 South, Range 65 West, 6th P.M.

Section 23:  All

Section 24:  All

 

7.         On August 29, 2013, Jason Leeper and Tamara Miller-Leeper (“Leepers” or “Protestants) filed a Protest to the Application.      

 

8.         On September 5, 2013, ConocoPhillips filed a Motion to Dismiss the Protest of Jason Leeper and Tamara Miller-Leeper and requested that: 1) the Protest be dismissed, 2) the Protestant’s status be revoked, 3) the matter be set for approval without a hearing, and 4) that no further testimony, exhibits, arguments or pleadings be allowed form the Protestants.

 

9.         On September 6, 2013, a prehearing conference was held.  The parties engaged in a discussion regarding the offer to lease.  A second prehearing conference was scheduled for September 11, 2013 at 9:00 a.m. Prehearing Statements were due on September 11, 2013 at 5:00 p.m.

 

10.       On September 9, 2013, a Motion to Dismiss Application was filed by Jason Leeper and Tamara Miller-Leeper requesting that the Application be dismissed with prejudice as an improper proceeding.

 

11.       On September 10, 2013, ConocoPhillips requested, and the Hearings Manager granted, a continuance to the October 28, 2013 hearing.  The Leepers did not object to the continuance.

 

12.       On September 11, 2013, the Hearing Officer issued a Scheduling Order.

 

13.       On September 20, 2013, the Leepers, by their attorney, filed a Response to Motion to Dismiss Protest of Jason Leeper and Tamara Miller-Leeper.

 

14.       On September 30, 2013, ConocoPhillips filed ConcocoPhillips Reply in Support of its Motion to Dismiss.

 

15.       On September 30, 2013, the Leepers, by their attorney, filed a Reply to ConocoPhillips Response to Tamara and Jason Leeper Motion to Dismiss Conoco Application.

 

16.       On October 10, 2013, the Leepers, by their attorney, withdrew their Motion to Dismiss.

 

17.       On October 15, 2013, ConocoPhillips, 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.

 

 

18.       Land testimony and exhibits submitted in support of the Application by Sam Hamidi, Landman – Rockies Business Unit – Niobrara Land for ConocoPhillips, showed that all nonconsenting interest owners were notified of the Application and received an 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 October 28, 2013 hearing date.

 

19.       Land testimony showed the Applicant complied with the requirements of Rule 530, and is entitled to the cost recovery provisions pursuant to §34-60-116(7), C.R.S., for the Grimm Notocross 4-65 23-24 1H Well, but did not provide testimony for any subsequent wells.

 

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.       ConocoPhillips agreed to be bound by oral order of the Commission. 

 

22.       Based on the facts stated in the verified Application, having resolved all 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 an approximate 1280-acre exploratory drilling and spacing unit established for Sections 23 and 24, Township 4 South, Range 65 West, 6th P.M., to accommodate the Grimm Motocross 4-65-23-24 1H Well, for the development and operation of the Niobrara Formation.

 

ORDER

 

IT IS HEREBY ORDERED:

 

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 1280-acre exploratory drilling and 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 any of the costs specified in C.R.S. §34-60-116(7)(b)(II) are first incurred for the drilling of the Grimm Motocross 4-65-23-24 1H Well:

 

Township 4 South, Range 65 West, 6th P.M.

Section 23:  All

Section 24:  All

 

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 Well located on the drilling and spacing unit applicable to its interest in the drilling and 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 drilling and 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.  Any party seeking the cost recovery provisions of §34-60-116 (7), C.R.S., shall first comply with subsection (d) for any subsequent well(s).

 

5.         Each nonconsenting unleased owner within the drilling and 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 drilling and 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:

 

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 30 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   8th   day of November, 2013, as of October 28, 2013.

           

 

                                                                        OIL AND GAS CONSERVATION COMMISSION

                                                                        OF THE STATE OF COLORADO

 

 

                                                                        By____________________________________       

                                                                                    Robert J. Frick, Secretary