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HomeMy WebLinkAbout20172558.tiffBEFORE THE OIL AND GAS CONSERVATION COMMISSION OF THE STATE OF COLORADO IN THE MATTER OF THE PROMULGATION AND ESTABLISHMENT OF FIELD RULES TO GOVERN OPERATIONS FOR THE NIOBRARA AND CODELL FORMATIONS, WATTENBERG FIELD, WELD COUNTY, COLORADO CAUSE NO. 407 DOCKET NO. 170600350 TYPE: POOLING NOTICE OF HEARING TO ALL INTERESTED PARTIES AND TO WHOM IT MAY CONCERN: APPLICATION LANDS Township 5 -North, Range 63 -West. 6th P.M. Section 30: E% Section 31: E% APPLICATION RECEIVED JUN 19 2017 WELD COUNTY COMMISSIONERS On April 13, 2017, Bill Barrett Corporation (Operator No. 10071) ("BBC" or °Applicant"), filed a verified application pursuant to §34-60-116, C.R.S. for an order to: 1) Pool all interests in an approximate 640 -acre drilling and spacing unit established for the Application Lands, for the development and operation of the Niobrara and Codeil Formations. 2) Subject any nonconsenting interests to the cost recovery provisions of §34-60- 116(7), C.R.S., effective as of the earlier of the date of the Application, or the date that any of the costs specified in §34-60-116(7)(b), C.R.S., were first incurred for the drilling of the Peterson 5-63-30-0758B2, Peterson 5-63-30-0756C2, Peterson 5-63-30-0857B2, Peterson 5-63-30- 0560B2, and the Peterson 5-63-30-0659D2 Wells. APPLICABLE ORDERS AND RULES (available online at: http://cogcc.state.co.us, under "Regulation," then select "Orders" or °Rules") • On April 27, 1998, the Commission adopted Rule 318A, the Greater Wattenberg Area Special Well Location, Spacing and Unit Designation Rule. • On March 5, 2012, the Commission entered Order No. 407-573 which, among other things, pooled all interests in an approximate 160 -acre designated wellbore spacing unit for Section 30, Township 5 North, Range 63 West, 6th P.M., to accommodate the planned Rothe BB30-23 Well, for the development and operation of the Codeil and Niobrara Formations. Order No. 407-573 includes portions of the Application Lands but does not affect this Application. • On July 29, 2013, the Commission entered Order No. 407-839 which, among other things, pooled all interests in four approximate 160 -acre designated wellbore spacing t 2017-2558 T units established for Sections 19, 20, 29 and 33, Township 5 North, Range 63 West, 6th P.M., to accommodate the Peterson CX GH 30-26D Well, the Peterson CX GH 30-27D Well, the Peterson CX GH 30-28D Well and the Peterson CX GH 30-40D Well, for the development and operation of the Codell-Niobrara Formation. Order No. 407-839 contains portions of the Application Lands but does not affect this Application. • On January 26, 2016, the Commission entered Order No. 407-1620 which, among other things, pooled all interests in an approximate 320 -acre designated horizontal wellbore spacing unit established for portions of Sections 29 and 30, Township 5 North, Range 63 West, 6th P.M., and to subject all nonconsenting interests to the cost recovery provisions of §34-60-116(7), C.R.S., for the drilling of the R&R Farms 29i-221 Well, for the development and operation of the Niobrara Formation. Order No. 407-1620 contains portions of the Application Lands but does not affect this Application. On January 26, 2016, the Commission entered Order No. 407-1621 which, among other things, pooled all interests in an approximate 320 -acre designated horizontal wellbore spacing unit established for portions of Sections 29 and 30, Township 5 North, Range 63 West, 6th P.M., and to subject all nonconsenting interests to the cost recovery provisions of §34-60-116(7), C.R.S., for the drilling of the R&R Farms 29i-401 Well, for the development and operation of the Codell Formation. Order No. 407-1621 contains portions of the Application Lands but does not affect this Application. • On April 18, 2016, the Commission entered Order No. 407-1688 which, among other things, pooled all Interests in an approximate 240 -acre designated horizontal wellbore spacing unit, and to subject any non -consenting interests to the cost recovery provisions of §34-60-116(7), C.R.S., for the drilling of the R&R Farms 291-321 well, for the development and operation of the Niobrara Formation. Order No. 407-1688 contains portions of the Application Lands but does not affect this Application. • On March 2, 2017, BBC filed an Application in Docket No. 170500243 for an order to, among other things, establish an approximate 640 -acre drilling and spacing unit for the Application Lands and approve up to six horizontal wells in the unit, for the production of oil, gas and associated hydrocarbons from the Codell and Niobrara Formations, with the productive interval of any horizontal well to be no closer than 460 feet from the unit boundaries, and not less than 150 feet from the productive interval of another well within the unit, unless an exception is granted by the Director; and to require that the approved - wells be -located -on no more -than three well pads -within -the -unit, or -adjacent -thereto, — unless an exception is granted by the Director. Docket No. 170500243 is set to be heard at the Commission's May 1-2, 2017 hearing. NOTICE IS HEREBY GIVEN, pursuant to C.R.S. §§ 34-60-101 to -130, and the Commission's Rules of Practice and Procedure, 2 CCR 404-1, that the Commission has scheduled this matter for hearing on: Dates: July 24-25, 2017 Time: 9:00 a.m. Place: Colorado Oil and Gas Conservation Commission 2 (170500350) 1120 Lincoln Street, Suite 801 Denver, CO 80203 Additional information about the hearing on this Application will be in the Commission's Agenda, which is posted on the Commission website approximately 3 days before the hearing. In accordance with the Americans with Disabilities Act, if any party requires special accommodations as a result of a disability for this hearing, please contact Margaret Humecki at (303) 894-2100 ext. 5139, prior to the hearing and arrangements will be made. At hearing, the Commission will consider the Application and enter an order pursuant to its authority under the statute. Any interested party desiring to protest or intervene should file with the Commission a written protest or Intervention in accordance with Rule 509, no later than May 26, 2017. Such Interested party shall, at the same time, serve a copy of the protest or intervention to the person filing the application. One electronic (cogcc.hearingsunit@state.co.us),- one original and two -copies shall be filed with the Commission. Anyone who files a protest or intervention must be able to participate in a prehearing conference during the week of May 26, 2017. Pursuant to Rule 511, if the matter is uncontested, it maybe approved without a hearing. OIL AND GAS CONSE: TION COMMISSION OFT - ATE OFC'LO- 'O By Dated: June 15, 2017 Colorado Oil and Gas Conservation Commission 1120 Lincoln Street, Suite 801 Denver, Colorado 80203 Website: hitp://cogcc.state.co.us Phone: (303) 894-2100 Fax: (303) 894-2109 Lease in Place : YES NO O Lease # Acres Keep for Hearing Outcome/Minutes File - No Action Needed-----_ J a Pe : r owe , Acting Secretary eys for Applicant: Jamie L. Jost Kelsey H. Wasylenky Jost Energy Law, P.C. 1401 17th Street, Suite 370 Denver, Colorado 80203 (720) 446-5620 jjost@jostenergylaw.com kwasylenky@jostenergylaw.com (170600350) 7. .4. Lj(7s1I1 What is this? The attached is an Application that has been filed with the Colorado Oil & Gas Conservation Commission (COGCC). RECEIVED APR 2 a 2017 Why am I receiving it? WELD COUNTY COMMISSIONERS COGCC Rules and Regulations, as well as Colorado Statues, require that this Application is sent to you. What should I do if I need more information? If you have any questions, you may contact the individual below: Gabe Findlay Bill Barrett Corporation 303-293-9100 gfindlay@billbarrettcorp.com I' BEFORE THE OIL AND GAS CONSERVATION COMMISSION OF THE STATE OF COLORADO IN THE MATTER OF THE APPLICATION OF BILL BARRETT CORPORATION FOR AN ORDER TO POOL ALL INTERESTS IN .AN APPROXIMATE 640 -ACRE DRILLING AND SPACING UNIT ESTABLISHED FOR THE EAST %Z OF SECTIONS 30 AND 31, TOWNSHIP 5 NORTH, RANGE 63 WEST, 6TH P.M., FOR THE NIOBRARA AND CODELL FORMATIONS, WATTENBERG FIELD, WELD L.COUNTY,4COLORADO CAUSE NO. DOCKET NO. TYPE: POOLING Y�✓iu ;j v -,. APPLICATION analiciPAimroCOMES NOW Bill Barrett Corporation (Operator No. 10071) ("BBC" or "Applicant"), by its attorneys, Jost Energy Law, P.C., and makes this application to the Oil and Gas Conservation Commission of the State of Colorado ("Commission") for an order to pool all interests in an approximate 640 -acre Drilling and Spacing Unit, as defined below, for the drilling of the following wells with API Nos. pending: Peterson 5- 63-30-075862, Peterson 5-63-30-0758C2, Peterson 5-63-30-0857B2, Peterson 5-63- 30-0560B2, and the Peterson 5-63-30-0659D2 (the "Wells"), for the development of the Niobrara and Codell Formations on the following described lands: Township 5 North, Range 63 West, 6th P.M. Section 30: E% Section 31: E'/ 640 -acres, more or less, Weld County, Colorado. Hereinafter "Application Lands" In support thereof, Applicant states and alleges as follows: 1. Applicant is a corporation duly authorized to conduct business in the State of Colorado, and is a registered operator in good standing with the Commission. 2. Applicant owns certain leasehold interests or holds the right to operate leasehold interests in the Application Lands. 3. On February 19, 1992, the Commission entered Order No. 407-87 (amended August 20, 1993) which; among other things, established 80 -acre drilling and spacing units for the production of oil, gas and associated hydrocarbons from the Codell and Niobrara Formations, with permitted well locations in accordance with the provisions of Order No. 407-1. The Application Lands are subject to this Order for the Codell and Niobrara Formations. 4. On April 27, 1998, the Commission adopted Rule 318A, which, among other things, allowed certain drilling locations to be utilized to drill or twin a well, deepen a well or recomplete a well and to commingle any or all of the Cretaceous Age Formations from the base of the Dakota Formation to the surface. On December 5, 2005, Rule 318A was amended to allow interior infill and boundary wells to be drilled and wellbore spacing units to be established. On August 8, 2011, Rule 318A was again amended to, among other things, address drilling of horizontal wells. 5. On March 5, 2012, the Commission entered Order No. 407-573 which, among other things, pooled all interests in an approximate 160 -acre designated wellbore spacing unit for Section 30, Township 5 North, Range 63 West, 6th P.M., to accommodate the planned Rothe BB30-23 Well, for the development and operation of the Codell and Niobrara Formations. Order No. 407-573 includes portions of the Application Lands but does not affect this Application. 6. On July 29, 2013, the Commission entered Order No. 407-839 which, among other things, pooled all interests in four approximate 160 -acre designated wellbore spacing units established for Sections 19, 20, 29 and 33, Township 5 North, Range 63 West, 6th P.M., to accommodate the Peterson CX GH 30-26D Well, the Peterson CX GH 30-27D Well, the Peterson CX GH 30-28D Well and the Peterson CX GH 30-40D Well, for the development and operation of the Codell-Niobrara Formation. Order No. 407-839 contains portions of the Application Lands but does not affect this Application. 7. On January 26, 2016, the Commission entered Order No. 407-1620 which, among other things, pooled all interests in an approximate 320 -acre designated horizontal wellbore spacing unit established for portions of Sections 29 and 30, Township 5 North, Range 63 West, 6th P.M., and to subject all nonconsenting interests to the cost recovery provisions of §34-60-116(7), C.R.S., for the drilling of the R&R Farms 29i-221 Well, for the development and operation of the Niobrara Formation. Order No. 407-1620 contains portions of the Application Lands but does not affect this Application. 8. On January 26, 2016, the Commission entered Order No. 407-1621 which, among other things, pooled all interests in an approximate 320 -acre designated horizontal wellbore spacing unit established for portions of Sections 29 and 30, Township 5 North, Range 63 West, 6th P.M., and to subject all nonconsenting interests to the cost recovery provisions of §34-60-116(7), C.R.S., for the drilling of the R&R Farms 29i-401 Well, for the development and operation of the Codell Formation. Order No. 407-1621 contains portions of the Application Lands but does not affect this Application. 4 9. On April 18, 2016, the Commission entered Order No. 407-1688 which, among other things, pooled all interests in an approximate 240 -acre designated horizontal wellbore spacing unit, and to subject any non -consenting interests to the cost recovery provisions of §34-60-116(7), C.R.S., for the drilling of the R&R Farms 291-321 well, for the development and operation of the Niobrara Formation. Order No. 407-1688 contains portions of the Application Lands but does not affect this Application. 10. On March 2, 2017, BBC filed an Application in Docket No. 170500243 for an order to, among other things, establish an approximate 640 -acre drilling and spacing unit for the Application Lands and approve up to six horizontal wells in the unit, for the production of oil, gas and associated hydrocarbons from the Codell and Niobrara Formations, with the productive interval of any horizontal well to be no closer than 460 feet from the unit boundaries, and not less than 150 feet from the productive interval of another well within the unit, unless an exception is granted by the Director; and to require that the approved wells be located on no more than three well pads within the unit, or adjacent thereto, unless an exception is granted by the Director. Docket No. 170500243 is set to be heard at the Commission's May 1-2, 2017 hearing. 11. Applicant, pursuant to Commission Rule 530 and/or the provisions of C.R.S. § 34-60-116 (6) and (7), hereby requests an order to pool all interests, including but not limited to, any non -consenting interests, in the Application Lands in the Niobrara and Codell Formations underlying the approximate 640 -acre Drilling and Spacing Unit established for the Application Lands for the drilling of the Wells. 12. Applicant requests that the Commission's pooling order be made effective as of the earlier of the date of this Application, or the date that the costs specified in C.R.S. § 34-60-116(7)(b) are first incurred for the drilling of the Wells to the Niobrara or Codell Formations in the Drilling and Spacing Unit on the Application Lands. 13. Applicant certifies that copies of this Application will be served on all persons owning an interest in the mineral estate of the tracts to be pooled within seven (7) days of the date hereof, as required by Rule 503.e., and that at least thirty-five (35) days prior to the hearing on this matter, each such interest owner not already leased or voluntarily pooled will be offered the sole opportunity toparticipate in the drilling of the Wells, and will be provided with the information required by Rule 530 as applicable. 14. That in order to prevent waste, to protect correlative rights, and to allow for efficient development, all interests in the 640 -acre Drilling and Spacing Unit should be pooled for the orderly development and operation of the Niobrara and Codell Formations, including any non -consenting interests therein. WHEREFORE, Applicant 'requests that this matter be set for hearing at in June, 2017, that notice be given as required by law, and that upon such hearing, the Commission enter its order: A. Pooling all interests in an approximate 640 -acre Drilling and Spacing Unit established for the Application Lands for the development and operation of the Wells in the Niobrara and Codell Formations. B. Providing that the Commission's pooling order is made effective as of the earlier of the date of this Application, or the date that any of the costs specified in C.R.S. § 34-60-116(7)(b) are first incurred for the drilling of the following wells with API Nos. pending: Peterson 5-63-30-0758B2, Peterson 5-63-30-0758C2, Peterson 5-63-30- 0857B2, Peterson 5-63-30-0560B2, and the Peterson 5-63-30-0659D2, to the Codell or Niobrara Formations on the Application Lands. C. Providing that the interests of any owners with whom the Applicant has been unable to secure a lease or agreement to participate in the drilling of the Wells are pooled by operation of statute pursuant to C.R.S. § 34-60-116(6) and (7), and made subject to the cost recovery provisions thereof with respect to the Wells drilled to develop and operate the Codell and Niobrara Formations in the 640 -acre Drilling and Spacing Unit comprising the Application Lands. D. For such other findings and orders as the Commission may deem proper or advisable in this matter. Dated: April 1J, 2017. I Respectfully submitted: BILL BARRETT CORPORATION By: Applicant's Address: Bill Barrett Corporation ATTN: Gabriel Findlay 1099 18th Street, Suite 2300 Denver, CO 80202 (ej Jamie L. Jost Kelsey H. Wasylenky Jost Energy Law, P.C. Attorneys for Applicant 1401 17th Street, Suite 370 Denver, Colorado 80202 (720) 446-5620 jjostc iostenergylaw.com kwasylenky(c�josten ergylaw.com Kenneth A. Wonstolen Senior Vice President & General Counsel Bill Barrett Corporation VERIFICATION STATE OF COLORADO )ss. CITY AND COUNTY OF DENVER Gabriel Findlay, of lawful age, being first duly sworn upon oath, deposes and says that he is a Senior Landman for Bill Barrett Corporation, and that he has read the foregoing Application and that the matters therein contained are true to the best of his knowledge, information and belief. G'abri7 Findlay Senior Landma Bill Barrett Corporation Subscribed and sworn to before me this }Z 3 day of April 2017. Witness my hand and official seal. [SEA1-I My commission expires: ICI I lP 1-7aI i g QM iYV1an& Public LESLIE MANN NOARY PUBLIC 1 STATETOF COLORADO I NOTARY ID 0 20114064505 MY COMMISSION EXPIRES OCTOBER 00.II616 Hello