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HomeMy WebLinkAbout20170707.tiffyx BEFORE 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 FORMATION, WATTENBERG FIELD, WELD COUNTY, COLORADO CAUSE NO. 535 DOCKET NO. 170300138 TYPE: POOLING NOTICE OF HEARING TO ALL INTERESTED PARTIES AND TO WHOM IT MAY CONCERN: APPLICATION LANDS Township 6 North, Range 67 West, 6th P.M. Section 21: SEY4SE% Section 22: SIAS% Section 23: S'/SW% Section 26: N%NW% Section 27: WAN'/ ection 28: NE%NE% APPLICATION RECEIVE. FEB 15 2017 WELD COUNTY COMMISSIONERS On January 19, 2017, Great Western Operating Company, LLC ("Great Western" 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 560 -acre designated horizontal wellbore spacing unit established for the Application Lands, for the development and operation of the Niobrara Formation; and 2) Subject the 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 Kodak North FD #28-002HN Well (API No. 05-123-38908)("Well"). APPLICABLE ORDERS AND RULES (available online at: http:/Icoc cc.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 February 19, 1992 (amended August 20, 1993), the Commission entered Order No. 407-87 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. LEO34--7 LE 023 9 1 Le63 ! L67)3(--) 2017-0707 NOTICE IS HEREBY GIVEN, pursuant to §§ 34-60-101 to -130, C.R.S. and the Commission's Rules of Practice and Procedure, 2 CCR 404-1, that the Commission has scheduled this matter for hearing on: Dates: March 20-21, 2017 Time: 9:00 a.m. Place: The Larimer County Conference Center at The Ranch First National Bank Building 5280 Arena Circle Loveland, CO 80538 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 March 6, 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.hearings_unit@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 March 6, 2017. Pursuant to Rule 511, if the matter is uncontested, it may be approved without a hearing. OIL AND GAS CONSERVATION COMMISSION OF THE STATE OF COLORADO Dated: February 7, 2017 Commission Lease in Place : YES 0,7, NO Lease # Acres Keep for Hearing Outcome/Minutes File - No Action Needed 2 Attorneys for Applicant: Jamie L. Jost Kelsey H. Wasylenky Jost Energy Law, P.C. 1401 17'x' Street, Suite 370 Denver, Colorado 80202 (720) 446-5620 jjost@jostenergylaw.com kwasylenky@jostenergylaw.com (170300138) BEFORE THE OIL AND GAS CONSERVATION COMMISSION OF THE STATE OF COLORADO IN THE MATTER OF THE APPLICATION OF GREAT WESTERN OPERATING COMPANY, LLC FOR AN ORDER TO POOL ALL INTERESTS IN AN APPROXIMATE 560 -ACRE DESIGNATED HORIZONTAL WELLBORE SPACING UNIT FOR PORTONS OF SECTIONS 21, 22, 23, 26, 27 AND 28, TOWNSHIP 6 NORTH, RANGE 67 WEST, 6TH P.M., FOR THE NIOBRARA FORMATION, WATTENBERG FIELD, WELD COUNTY, COLORADO CAUSE NO. DOCKET NO. TYPE: POOLING APPLICATION COMES NOW Great Western Operating Company, LLC (Operator No. 10110) ("Great Western" 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 560 -acre designated horizontal Wellbore Spacing Unit, as defined below, for the drilling and operation of the Kodak North FD #28-002HN Well (API No. 05-123-38908) (the "Well"), for the development and operation of the Niobrara Formation on the following described lands: Township 6 North, Range 67 West, 6th P.M. Section 21: SE'/SE'/ Section 22: SY2S1/2 Section 23: S'ASW'/ Section 26: NY2NW'/ Section 27: N%N%/2 Section 28: NE1/NE'/ 560 -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. What is this? RECEIVED JAN 31 ??17 WELD COUNTY 'OMMISSIONERS The attached is an Application that has been filed with the Colorado Oil & Gas Conservation Commission (COGCC). Why am I receiving it? 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: Philip Zaranka Great Western Operating Company, LLC 303-398-0302 pzaranka@gwogco.com 1, 3. 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. 4. 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-Niobrara Formations, the Codell Formation, and the Niobrara Formation underlying certain lands, including the Application Lands, with the permitted well locations in accordance with the provisions of Order No. 407-1. 5. On April 28, 2014 the Commission entered Order No. 407-1002 which, among other things, pooled all interests within nine approximate 400 -acre designated wellbore spacing units established for Sections 21 and 22, Township 6 North, Range 67 West, 6th P.M., and subjected any nonconsenting interests to the cost recovery provisions of §34-60-116(7), C.R.S. for the Diamond Valley SW #1 through #9 Wells, for the development and operation of the Codell and Niobrara Formations. Order No. 407-1002 is a wellbore specific order, and will not affect this Application. 6. On July 28, 2014 the Commission entered Order No. 407-1090 which, among other things, pooled all interests within an approximate 480 -acre wellbore spacing unit established for Sections 22, 23, 26, and 27, Township 6 North, Range 67 West, 6th P.M., and subjected any nonconsenting interests to the cost recovery provisions of §34-60-116(7), C.R.S. for the Kodak North FD 27-019HN Well, for the development and operation of the Niobrara Formation. Order No. 407-1090 is a wellbore specific order, and will not affect this Application. 7. On August 28, 2014 the Commission entered Order No. 407-1025 which, among other things, pooled all interests within nine approximate 320 -acre designated wellbore spacing units established for Section 28, Township 6 North, Range 67 West, 6th P.M., and subjected any nonconsenting interests to the cost recovery provisions of §34-60-116(7), C.R.S. for the Kodak #4 through #12 Wells, for the development and operation of the Codell and Niobrara Formations. Order No. 407- 1025 is a wellbore specific order, and will not affect this Application. 8. On March 2, 2015 the Commission entered Order No. 407-1238 an order to vacate Order No. 407-1025 which, among other things, pooled all interests in five approximate 320 -acre designated wellbore spacing units established for the N1/2 of Section 28, Township 6 North, Range 67 West, 6th P.M., pooled seven designated wellbore spacing units in Sections 20, 21, 22, 27, 28 and 29, Township 6 North, Range 67 West, 6th P.M., and subjected any nonconsenting interests to the cost recovery provisions of §34-60-116(7), C.R.S. for the Kodak #2 Well, Kodak #3 Well, Kodak #5 Well, Kodak #6 Well, Kodak #9 Well, Kodak #10 Well, and Kodak #13 Well, for the development and operation of the Codell and Niobrara Formations. Order No. 407- 1238 is a wellbore specific order, and will not affect this Application. 9. On July 20, 2015 the Commission entered Order No. 407-1401 which, among other things, pooled all interests in two approximate 560 -acre designated wellbore spacing units for portions of Sections 26, 27, and 28, Township 6 North, Range 67 West, 6th P.M., for the drilling of the Kodak North FD 28-082HC Well and the Kodak North FD 28-119HN Well, for the development and operation of the Codell and Niobrara Formations. Order No. 407-1401 is a wellbore specific order, and will not affect this Application. 10. On September 14, 2015 the Commission entered Order No. 407- 1424 which, among other things, vacated Order No. 407-1238 only as it applies to the Kodak #5 Well and pooled all interests in an approximate 280 -acre designated horizontal wellbore spacing unit established for portions of Sections 28 and 29, Township 6 North, Range 67 West, 6th P.M., and subjected all nonconsenting interests to the cost recovery provisions of §34-60-116(7), C.R.S., for the drilling of the Kodak #5 Well for the development and operation of the Niobrara Formation. Order No. 407-1090 is a wellbore specific order, and will not affect this Application. 11. On October 26, 2015 the Commission entered Order No. 407-1484 which, among other things, pooled all interests in an approximate 640 -acre designated horizontal wellbore spacing unit for portions of Sections 23 and 24, Township 6 North, Range 67 West, 6th P.M., for the drilling of the Burr FD 23-299HN Well, for the development and operation of the Niobrara Formation. Order No. 407-1484 is a wellbore specific order, and will not affect this Application. 12. On October 26, 2015 the Commission entered Order No. 407-1486 which, among other things, pooled all interests in an approximate 640 -acre designated horizontal wellbore spacing unit for portions of Sections 23 and 24, Township 6 North, Range 67 West, 6th P.M., for the drilling of the Burr FD 23-339HN Well, for the development and operation of the Niobrara Formation. Order No. 407-1486 is a wellbore specific order, and will not affect this Application. 13. On October 26, 2015 the Commission entered Order No. 407-1487 which, among other things, pooled all interests in an approximate 640 -acre designated horizontal wellbore spacing unit for portions of Sections 23, 24, 25, and 26, Township 6 North, Range 67 West, 6th P.M., for the drilling of the Burr FD 23-379HN Well, for the development and operation of the Niobrara Formation. Order No. 407-1487 is a wellbore specific order, and will not affect this Application. 14. On October 26, 2015 the Commission entered Order No. 407-1488 which, among other things, pooled all interests in an approximate 640 -acre designated horizontal wellbore spacing unit for portions of Sections 23, 24, 25, and 26, Township 6 North, Range 67 West, 6th P.M., for the drilling of the Burr FD 23-382HN Well, for the development and operation of the Niobrara Formation. Order No. 407-1488 is a wellbore specific order, and will not affect this Application. 15. On December 8, 2015 the Commission entered Order No. 407- 1549 which, among other things, pooled all interests in an approximate 240 -acre designated wellbore spacing unit established for portions of Sections 26 and 27, Township 6 North, Range 67 West, 6th P.M., and subjected all nonconsenting interests to the cost recovery provisions of §34-60-116(7), C.R.S. for the drilling of the Kodak North FD 27-062HN Well, for the development and operation of the Niobrara Formation. Order No. 407-1549 is a wellbore specific order, and will not affect this Application. 16. On March 7, 2016 the Commission entered Order No. 407-1640 which, among other things, pooled all interests in two approximate 640 -acre designated horizontal wellbore spacing units established for portions of Sections 21 and 22, Township 6 North, Range 67 West, 6th P.M., and subjected all nonconsenting interests to the cost recovery provisions of §34-60-116(7), C.R.S., for the drilling of the Diamond Valley East #12 Well and the Diamond Valley East #13 Well, for the development and operation of the Codell and Niobrara Formations. Order No. 407-1640 is a wellbore specific order, and will not affect this Application. 17. On January 26, 2016 the Commission entered Order No. 407-1617 which, among other things, vacated an order to pool al.l interests in an approximate 640 - acre designated horizontal wellbore spacing unit established for a portion of Sections 21, 22, 27, and 28, Township 6 North, Range 67 West, 6th P.M., and subjected all nonconsenting interests to the cost recovery provisions of §34-60-116(7), C.R.S., for the drilling of the Diamond Valley East #2 Well, for the development and operation of the Niobrara Formation. Order No. 407-1617 is a wellbore specific order, and will not affect this Application. 18. On January 26, 2016 the Commission entered Order No. 407-1616 which, among other things, pooled all interests in five approximate 640 -acre designated horizontal wellbore spacing units established for portions of Sections 21 and 22, Township 6 North, Range 67 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 Diamond Valley East #3 Well, the Diamond Valley East #5 Well, the Diamond Valley East #6 Well, the Diamond Valley East #8 Well, and the Diamond Valley East #9 Well, for the development and operation of the Niobrara Formation. Order No. 407-1616 is a wellbore specific order, and will not affect this Application. 19. On August 29, 2016 the Commission entered Order No. 407-1761 which, among other things, pooled all interests in an approximate 280 -acre designated wellbore spacing unit for portions of Sections 25 and 26, Township 6 North, Range 67 West, 6th P.M., for the drilling of the Kodak North FD 25-039HN Well, for the development and operation of the Niobrara Formation. Order No. 407-1761 is a wellbore specific order, and will not affect this Application. 20. On August 29, 2016 the Commission entered Order No. 407-1762 which, among other things, pooled all interests in three approximate 560 -acre designated wellbore spacing units for portions of Sections 25 and 26, Township 6 North, Range 67 West, 6th P.M., for the drilling of the Kodak North FD 25-079HN Well, the Kodak North FD 25-119HC Well, and the Kodak North FD 25-122HN Well, for the development and operation of the Codell and Niobrara Formations. Order No. 407- 1762 is a wellbore specific order, and will not affect this Application. 21. Applicant designated the 560 -acre Welibore Spacing Unit for the production and operation of oil, gas and associated hydrocarbons from the Niobrara Formation pursuant to Rule 318A and notified the appropriate parties under Rule 318A. 22. 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 Formation underlying the following approximate 560 -acre Welibore Spacing Unit for the drilling and operation of the Kodak North FD #28-002HN Well (API No. 05-123-38908): Township 6 North, Range 67 West, 6th P.M. Section 21: SE'/SE'/ Section 22: S1/2S1/2 Section 23: S'/SW'/ Section 26: N'/NW'/ Section 27: N1/2N% Section 28: NE'/NE'/4 560 -acres, more or less, Weld County, Colorado. Hereinafter "Application Lands" (throughout, the "Wellbore Spacing Unit") 23. 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 Kodak North FD #28- 002HN Well to the Niobrara Formation in the Wellbore Spacing Unit on the Application Lands. 24. 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 opportunity to lease, or to participate in the drilling of the Well, and will be provided with the information required by Rule 530 as applicable. 25. That in order to prevent waste and to protect correlative rights, all interests in the 560 -acre Wellbore Spacing Unit should be pooled for the orderly r. development and operation of the Niobrara Formation, including any non -consenting interests therein. WHEREFORE, Applicant requests that this matter be set for hearing in March 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 560 -acre designated horizontal Wellbore Spacing Unit on the Application Lands for the development and operation of the Niobrara Formation. 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 Kodak North FD #28- 002HN Well (API No. 05-123-38908) in the Wellbore Spacing Unit for the development of the Niobrara Formation on the Application Lands. C. Providing that the interests of any owners with whom the Applicant has been unable to secure a lease or other agreement to participate in the drilling of the Well 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 Well drilled to develop the Niobrara Formation in the 560 -acre Wellbore 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: January [12017. Respectfully submitted: GREAT WESTERN OPERATING COMPANY, LLC By: 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 jjost@lostenergylaw.com kwasylenky(a)jostenergylaw.corn Applicant's Address: Great Western Operating Company, LLC ATTN: Hal Writer 1801 Broadway, Suite 500 Denver, CO 80202 r d w VERIFICATION STATE OF COLORADO ) ) ss. CITY AND COUNTY OF DENVER ) Hal Writer, of lawful age, being first duly sworn upon oath, deposes and says that he is the Land Manager for Great Western Operating Company, LLC, 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. Hal Writer Land Manager Great Western Operating Company, LLC Subscribed and sworn to before me this r9 ` lay of January 2017. Witness my hand and official seal. [SEAL] I JANET C WILLSON NOTARY PUBLIC STATE OF COLORADO NOTARY ID 0 20024018949 MY COMMISSION EXPIRES JUNE 11. 2018 My commission expires: Notary Pu GAik\aol‹6 c.w BEFORE THE OIL AND GAS CONSERVATION COMMISSION OF THE STATE OF COLORADO IN THE MATTER OF THE APPLICATION OF GREAT WESTERN OPERATING COMPANY, LLC FOR' AN ORDER TO POOL ALL DOCKET NO. INTERESTS IN AN APPROXIMATE 560 -ACRE DESIGNATED HORIZONTAL WELLBORE SPACING UNIT FOR PORTONS OF SECTIONS 21, 22, 23, 26, 27 AND 28, TOWNSHIP 6 NORTH, RANGE 67 WEST, 6T" P.M., FOR THE NIOBRARA FORMATION, WATTENBERG FIELD, WELD COUNTY, COLORADO CAUSE NO. TYPE: POOLING APPLICATION ‘,) irk9o� k9 g>A • 11 \ �c, leda COMES NOW Great Western Operating Company, LLC (Operator No. 10110) ("Great Western" 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 560 -acre designated horizontal Wellbore Spacing Unit, as defined below, for the drilling and operation of the Kodak North FD #28-002HN Well (API No. 05-123-38908) (the "Well"), for the development and operation of the Niobrara Formation on the following described lands: Township 6 North, Range 67 West, 6th P.M. Section 21: SE%SE% Section 22: SYS1/ Section 23: SY2SW% Section 26: NY2NW'/ Section 27: N'/N% Section 28: NE'Y4NE'/ 560 -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. Hello