BEFORE THE OIL AND GAS CONSERVATION COMMISSION
OF THE STATE OF COLORADO
IN THE MATTER TO GOVERN OPERATIONS IN THE BLUE GRAVEL FIELD, MOFFAT COUNTY, COLORADO
CAUSE NO. 1
ORDER NO. 1-67
REPORT OF THE COMMISSION
This cause came on for hearing before the Commission on April 21, 1997, at 8:30 a.m. in Suite 801, the Chancery Building, 1120 Lincoln Street, Denver, Colorado, pursuant to a request by Jack J. Grynberg to reconsider the continuation of the Marilyn B. Bateman and R.K. Cramer payment of proceeds matter from October, 1997 to the May 19-20 or June 30-July 1, 1997 hearing. In the alternative, Grynberg seeks dismissal of the Application if the Applicants are unable to attend either of the proposed hearing dates, with the opportunity to refile for hearing at a later date.
The Commission finds as follows:
1. That Marilyn B. Bateman and R.K. Cramer, as applicants herein, are interested parties in the subject matter of the above‑referenced hearing.
2. That Jack J. Grynberg, as protestant herein and as applicant for reconsideration, is an interested party in the subject matter of the above-referenced hearing.
3. The Commission has jurisdiction over the subject matter and of the parties interested therein, and jurisdiction to reconsider its prior order and to promulgate the hereinafter prescribed order.
4. On November 25, 1996, Marilyn B. Bateman and R.K. Cramer, through their attorney, filed with the Commission an application, pursuant to §34-60-118.5, C.R.S., for an order to be issued to determine and award proceeds, interest and attorney's fees due the Applicants for production attributable to the overriding royalty interests due from Jack J. Grynberg, Jack Grynberg & Associates, Grynberg Petroleum Company and Celeste C. Grynberg ("Grynbergs") for certain wells in the Blue Gravel Field. Specifically, the Applicant requested that the Grynbergs provide a full accounting of all proceeds and permissible deductions attributable to the overriding royalty interests, payment of all proceeds and interest therein.
5. On December 31, 1996, Grynberg filed with the Commission a protest and intervention to the application.
6. On January 3, 1997, the Applicant submitted a written request to continue this matter from month to month until documents are obtained from the Protestant and the hearing in this matter was continued to the March hearing.
7. At the time of the March 19, 1997 hearing, after hearing preliminary evidence from both parties the Commission found good cause to continue this matter. After receiving a letter from Bateman and representations from both parties and their counsel regarding availability for future hearing dates, the Commission continued this matter to the October, 1997 hearing.
8. On March 20, 1997, Grynberg filed with the Commission a written request to reconsider the continuation of this matter from October, 1997 to an earlier hearing date including either the May 19-20 or the June 30-July 1, 1997 hearings. In the alternative, Grynberg sought dismissal of the Application if the Applicants are unable to attend either of the proposed hearing dates, with the opportunity to refile for hearing at a later date.
9. On April 10, 1997, the Commission issued a minute order to the Applicant and Protestant asking the both parties to submit written statements not later than April 18, 1997, detailing an account of the scheduling conflicts for the hearing dates requested.
10. The Protestant and the Applicant submitted the required information on April 15, 1997 and April 18, 1997, respectively.
11. At the April 21, 1997 hearing Grynberg appeared pro se, and Bateman and Cramer appeared through counsel, David D. Pavek, of Messner Pavek & Reeves, LLC. .
12. Grynberg and Pavek presented testimony regarding their schedules and availability for an earlier hearing date.
13. The Commission finds that Grynberg has not shown by a preponderance of the evidence that both parties are available for a hearing prior to established October, 1997, hearing date.
NOW, THEREFORE, the Colorado Oil and Gas Conservation Commission hereby enters an order denying the application of Jack J. Grynberg to reconsider the date of the continuation granted in the Marilyn B. Bateman and R.K. Cramer payment of proceeds matter at the March 18-19, 1997 hearing.
IT IS FURTHER ORDERED that this matter shall proceed to hearing in October, 1997, in accordance with the Commission’s approved motion and order entered at the March 19, 1997, hearing.
IT IS FURTHER ORDERED that the provisions contained in the above order shall become effective on the date the order is entered.
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 day of May, 1997, as of April 21, 1997.
OIL AND GAS CONSERVATION COMMISSION
OF THE STATE OF COLORADO
Patricia C. Beaver, Secretary
Dated at Suite 801
1120 Lincoln Street
Denver, Colorado 80203
May 9, 1997