BEFORE THE OIL & GAS CONSERVATION COMMISSION

OF THE STATE OF COLORADO

 

IN THE MATTER OF THE PROMULGATION                   )           CAUSE NO. 9

AND ESTABLISHMENT OF FIELD RULES TO               )

GOVERN OPERATIONS IN THE WALKER                     )           ORDER NO. 9-5

FIELD, LOGAN COUNTY, COLORADO                           )          

 

REPORT OF THE COMMISSION

 

                        This cause came on for hearing before the Commission at 9:00 a.m. on August 28, 2007, in Suite 801, The Chancery Building, 1120 Lincoln Street, Denver, Colorado, on an application for an order to establish 40-acre drilling and spacing units for production of gas and associated hydrocarbons from the “O” Sand Formation, for certain lands in Township 9 North, Range 53 West, 6th P.M., and for an order to pool all nonconsenting interests in the 40-acre drilling and spacing unit consisting of the NE¼ SE¼ of Section 20, Township 9 North, Range 53 West, 6th P.M., for the development and operation of the “O” Sand Formation.           

 

FINDINGS

 

                        The Commission finds as follows:

 

                        1.         DJ Resources, Inc. (“DJ Resources”), 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.         Rule 318.a. of the Rules and Regulations of the Commission requires that wells drilled in excess of two thousand five hundred (2,500) feet in depth be located not less than six hundred (600) feet from any lease line, and located not less than one thousand two hundred (1,200) feet from any other producible or drilling oil or gas well when drilling to the same common source of supply. The below-listed lands are subject to this Rule:

 

Township 9 North, Range 53 West, 6th P.M.

Sections 20 and 21: All

Sections 28 and 29:

 

                        5.         On April 20, 2007, DJ Resources, by its attorney, filed with the Commission a verified application for an order to establish 40-acre drilling and spacing units for production of gas and associated hydrocarbons from the “O” Sand Formation, for below-listed lands:

 

Township 9 North, Range 53 West, 6th P.M.

Sections 20 and 21: All

Sections 28 and 29:

 

            Further, if the request to establish 40-acre drilling and spacing units is approved, DJ Resources requested an order to pool all nonconsenting interests in the 40-acre drilling and spacing unit consisting of the NE¼ SE¼ of Section 20, Township 9 North, Range 53 West, 6th P.M., for the development and operation of the “O” Sand Formation.

 

                        6.         On May 21, 2007, DJ Resources, by its attorney, filed with the Commission a request to continue this matter to the July hearing and the hearing in this matter was continued.

 

                        7.         On July 10, 2007, DJ Resources, by its attorney, 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, and subsequently, additional testimony was submitted.

 

8.         Testimony and exhibits submitted in support of the application showed that the “O” Sand Formation is uniformly present and water bearing throughout the application area, and that the area sought to be spaced encompasses a common source of supply from the “O” Sand Formation.

 

                        9.         Testimony and exhibits submitted in support of the application showed the base data and parameters used in calculating the effective drainage radii for the Walker Field “O” Sand producers, based on three old wells that were perforated in the “O” Sand, and production information available for two of the wells, the Ray W. Davis #1 and the Ramey #1.  Additional testimony indicated that cumulative oil production was based upon the Commission’s historical records, and that the resulting calculated radial drainage areas for the two producers are 23 and 9 acres, respectively.

 

                        10.       Testimony and exhibits submitted in support of the application showed the input parameters and results of the economic analysis for an “O” Sand producer in this field.  Additional testimony indicated that “O” Sand production is economically viable in this field in the current cost and price environment.             

 

                        11.       Testimony and exhibits submitted in support of the application showed that establishing 40-acre drilling and spacing units will facilitate drilling and production, will protect correlative rights, that waste will be prevented, and that such 40-acre spacing units are not smaller than the maximum area that can be efficiently and economically drained by one well drilled into the “O” Sand Formation underlying the subject lands.

 

                        12.       Testimony and exhibits submitted in support of the application showed that DJ Resources has 65.67% of the leasehold ownership in the 40-acre drilling and spacing unit consisting of the NE¼ SE¼ of Section 20, Township 9 North, Range 53 West, 6th P.M., and that the remaining 34.33% is unleased. 

 

                        13.       Testimony and exhibits submitted in support of the application showed that letters were sent on April 27, 2007 to each mineral owner offering leases at $15.00 per acre with an 18.75% royalty interest, or offering an opportunity to participate as a working interest owner in the subject unit.  Testimony indicated that these terms are similar to those prevailing in the area.  None of the mineral owners have agreed to date to participate as working interest owners.

 

                        14.       Testimony and exhibits submitted in support of the application showed that fair and reasonable offers to participate including Authorizations for Expenditures were sent to 28 unleased mineral owners at least 30 days prior to the date of the August hearing, and were similar to those prevailing in the area.  Nineteen of the unleased mineral owners’ offers were returned non-deliverable and nine of the unleased mineral owners signed for the offers but have not responded. 

 

                        15.       DJ Resources, Inc. agreed to be bound by an oral order of the Commission.

 

                        16.       Based on the facts stated in the verified application, having received no protests or interventions to the application and based on the Hearing Officer review of the application under Rule 511.b., the Commission should enter an order to establish 40-acre drilling and spacing units for production from the “O” Sand Formation for certain lands in Township 9 North, Range 53 West, 6th P.M.  In addition, the Commission should enter an order pooling all nonconsenting interests in the 40-acre drilling and spacing unit consisting of the NE¼ SE¼ of Section 20, Township 9 North, Range 53 West for production from the “O” Sand Formation.

 

ORDER

 

                        NOW, THEREFORE IT IS ORDERED that, 40-acre drilling and spacing units for production from the “O” Sand Formation are hereby established for the following lands:

 

Township 9 North, Range 53 West, 6th P.M.

Sections 20 and 21: All

Sections 28 and 29:

 

                        IT IS FURTHER ORDERED, that, 1.  Pursuant to the provisions of §34-60-116, C.R.S., as amended, of the Oil and Gas Conservation Act of the State of Colorado, all unleased mineral interests in the 40-acre drilling and spacing unit consisting of the NE¼ SE¼ of Section 20, Township 9 North, Range 53 West, 6th P.M. (the “Unit”) are hereby pooled for the development and operation of the “O” Sand Formation.

 

                        2.         The production obtained from that 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 Unit; each owner of an interest in the Unit shall be entitled to receive his/her share of the production of the well located on the Unit applicable to his interest in the Unit.

 

                        3.         Said 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).

 

                        4.         Any nonconsenting unleased mineral owner within the Unit shall be treated as an owner of the landowner’s royalty to the extent of 12.5% of his/her record title interest, whatever that interest may be, until such time as the consenting owner recovers, only out of the 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, the nonconsenting mineral owner shall then own his/her proportionate 8/8ths share of the well, surface facilities and production, and then be liable for his/her proportionate share of further costs incurred in connection with the well as if he/she had originally agreed to the drilling.

 

                        5.         The operator of any well drilled on the above-described Unit shall furnish all 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.

 

                        IT IS FURTHER ORDERED, that the provisions contained in the above order shall become effective forthwith.

 

                        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 thirty (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 on this _____ day of September, 2007, as of August 28, 2007.

 

                                                                        OIL AND GAS CONSERVATION COMMISSION

                                                                                    OF THE STATE OF COLORADO

 

 

                                                                                    By: _____________________________________

                                                                                                            Patricia C. Beaver, Secretary

 

Dated at Suite 801

1120 Lincoln Street

Denver, Colorado 80203

September 11, 2007