BEFORE THE OIL AND GAS CONSERVATION COMMISSION
OF THE STATE OF
IN THE MATTER OF THE PROMULGATION ) CAUSE NO. 1
AND ESTABLISHMENT OF AN EXPLORATORY )
UNIT TO GOVERN OPERATIONS IN
AN ) ORDER NO. 1-22 (Formerly 1-121)
This cause came on for hearing before the Commission on November 18, 1991 at 8:30 a.m., in Room 101, State Education Building, 201 East Colfax, Denver, Colorado, after giving Notice of Hearing as required by law, on the application of Coastal Oil & Gas Corporation for an order to establish an exploratory unit for production from the Morrow Formation for the E½ of Section 15, Township 23 South, Range 44 West, 6th P.M., and further, to pool all the interests in the drilling and spacing unit consisting of the E½ of said Section 15, for the production of oil, gas, and associated hydrocarbons from the Morrow Formation underlying said unit, pursuant to the provisions of C.R.S. 34-60-116, 1984.
The Commission finds as follows:
1. Coastal Oil & Gas Corporation, 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.
4. On April 19, 1991, the General Assembly of the State of Colorado enacted Senate Bill 91-87, which among other things, authorized the Commission, when unable to determine the existence of a pool and the appropriate acreage to be embraced with a drilling unit, to establish exploratory drilling units for the purpose of obtaining evidence as to the existence of a pool and the appropriate size and shape of the drilling unit to be applied.
5. Efforts have been made to obtain the voluntary pooling of all interests. A.F.E.’s have been furnished to non-consenting interests on or around October 16, 1991, and consent has not been given.
6. Based on the facts stated in the verified application, receiving no protests and having been heard by the Director as Hearing Officer on November 13, 1991 and recommended for approval, the Commission should enter an order establishing an exploratory unit for the E½ of Section 15, Township 23 South, Range 44 West, 6th P.M., Prowers County, Colorado, and pooling all interests in the approximately 320-acre drilling and spacing unit herein described in order to insure proper and efficient development of the oil and gas form the Morrow Formation underlying said unit.
7. An order of the Commission pooling all interests in said drilling unit is necessary in order to afford each owner of interest in each said drilling unit the opportunity to recover and receive his just and equitable share of the oil and/or gas from the common source of supply underlying said drilling unit.
8. Production obtained from said drilling unit should be allocated to each tract therein on the basis of the proportion that the number of acres in each tract bears to the total number of acres within said drilling unit.
9. At the time of administrative hearing the parties agreed to be bound by the verbal order of the Commission in this matter.
NOW, THEREFORE, IT IS ORDERED, that 1. Pursuant to the provisions of 34-60-116, an order to establish an exploratory unit for production from the Morrow Formation for the E½ of Section 15, Township 23 South, Range 44 West, 6th P.M., Prowers County, Colorado is hereby granted and that upon the drilling and completion of the well 600 feet FNL and 1300 feet FEL in the NE¼ NE¼ of said Section 15, should production of oil and associated hydrocarbons be obtained, Coastal Oil and Gas Corporation may file for an order amending the size of the exploratory unit.
2. Pursuant to the provisions of C.R.S. 34-60-116, 1984, as amended, of the Oil and Gas Conservation Act of the State of Colorado, all interests in the drilling and spacing unit consisting of the E½ of Section 15, Township 23 South, Range 44 West, 6th P.M., Prowers County, Colorado are hereby pooled for the development of oil, gas and associated hydrocarbons from the Morrow Formation underlying said unit.
3. The production obtained from said drilling 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 said drilling unit; each owner of an interest in said drilling unit shall be entitled to receive his share of the production the well located on said drilling unit applicable to his interest in said drilling unit.
4. The owner of the unleased tract should be afforded the opportunity to elect whether to participate in the drilling and operation of said well, and pay a proportionate share of the actual costs thereof, which proportionate share shall be determined by dividing the number of acres in each unleased tract to the total number of acres within said drilling unit.
5. Within thirty (30) days from the date of receipt of said AFE by the owner of said tract, such owner shall indicate whether he consents to the cost of the drilling of the well and agrees to participate in such costs. Such election shall be made in writing either by executing the AFE or similar document. In the event a written election to participate is not made by said owner within such time period, said owner shall be deemed to have elected not to participate and shall therefore be deemed to be non-consenting as to the well and be subject to the penalties as provided for by 34-60-116 (7).
6. Any non-consenting unleased mineral owner within the spacing unit shall be treated as the owner of the landowner’s royalty to the extent of 12.5% of his or her record title interest, whatever that interest ay be, until such time as the consenting owner recovers, only out of the non-consenting owner’s proportionate 87.5% share of production, the costs specified in C.R.S. 34-60-116 (7)(b), as amended. After recovery of such costs, the non-consenting mineral owner shall then own his proportionate 8/8ths share of the well, surface facilities and production, and then be liable for his proportionate share of further costs incurred in connection with the well as if he had originally agreed to the drilling.
7. The operator of any well drilled on the above described nit shall furnish all non-consenting 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 Coastal Oil and Gas Corporation is hereby designated as operator of the well to be drilled in the E½ of Section 15, Township 23 South, Range 44 West, 6th P.M., Prowers County, Colorado.
IT IS FURTHER ORDERED, that the provisions contained in the above order shall become effective as of November 18, 1991.
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.
ENTERED this 16th day of December, 1991, as of November 18, 1991.
OIL AND GAS CONSERVATION COMMISSION
THE STATE OF
Patricia C. Beaver, Secretary
December 16, 1991