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Home My WebLink About20162170.tiffRECEIVED JUN 12016 WELD COUF4TY commissroor 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. 407 DOCKET NO. 160700279 TYPE: POOLING NOTICE OF HEARING TO ALL INTERESTED PARTIES AND TO WHOM IT MAY CONCERN: APPLICATION LANDS Township 5 North. Range 62 West. 6'h P.M. Section 14: SY2S'/ Section 15: SY2SY2 Section 22: N' N'Y2 Section 23: N''N' Weilbore Spacing Unit ("WSU") Nos. 1 and 2 Anschutz State 5-62-22-0108B26 Well Anschutz State 5-62-22-0108C2B Well • APPLICATION On May 19, 2016, Bill Barrett Corporation ("BBC" or "Applicant"), Operator No. 10071 filed a verified application pursuant to §3460-116, C.R.S., for an order to: 1) Pool all interests in two approximate 640 -acre horizontal welibore spacing units, established for the Application Lands, for the development and operation of the Niobrara Formation; and 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 Anschutz State 5-62-22-0108B26 Well (API No. 05-123-42124) (WSU #1) and the Anschutz State 5-62-22-01o8C2B Well (API No. 05-123-42125) (WSU #2) ("Wells"). APPLICABLE RULES AND ORDERS (available online at: http://coacc.state.co.us, under "ORDERS") • On April 27, 1998, the Commission adopted Rule 318A, the Greater Wattenberg Area Special Well Location, Spacing and Unit Designation Rule. NOTICE IS HEREBY GIVEN, pursuant to: 1) the general jurisdiction granted to the Oil and Gas Conservation Commission of the State of Colorado under §34-60-105 C.R.S.; 2) specific powers granted pursuant to §34-60-106 C.R.S.; 3) the State Administrative Procedures 1 2016-2170 LrL 09a-3 Act at §24-4-105 C.R.S.; and 4) the Commission's Series 500 Rules at 2 CCR 404-1, that the Commission has scheduled the above -entitled matter for hearing on: Dates: July 18-20, 2016 Time: 9:00 a.m. Place for July 18: Colorado Mountain College 1402 Blake Avenue Senior Center Room Glenwood Springs, CO 81601 Place for July 19-20: . Glenwood Springs Community Center _ — - - —100 Wolfson -Road - -- Sopris Rooms A & B Glenwood Springs, CO 81601 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 July 1, 2016. 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 July 4, 2016. Pursuant to Rule 511., if the matter is uncontested, it may be approved without a hearing. OIL AND GAS CONSERVATION COMMISSION OF THE ST_AT OOFF_COLORADO v�, rC'`v/ �rWUIC Y/61 -B 2 Julie Murphfc, Secretary (160700279) Dated: June 8, 2016 Colorado Oil and Gas Conservation Commission 1120 Lincoln Street, Suite 801 Denver, Colorado 80203 Website: http://cogcc.state.co.us Phone: (303) 894-2100 Fax: (303) 894-2109 Attorney for Applicant: Jillian Fulcher Beatty & Wozniak, P.C. 216 16th Street, Suite 1100 Denver, Colorado 80202 (303) 407-4499 jfulcher@bwenergylaw.com Lease in Place : YES c NO Lease n ( EQ 3 Acres Keep for Hearing Outcome/Minutes File - No Action Needed 3 (160700279) BEFORE THE OIL & GAS CONSERVATION COMMISSION OF THE STATE OF COLORADO IN THE MATTER OF AN APPLICATION BY BILL BARRETT CORPORATION FOR AN ORDER POOLING ALL INTERESTS IN TWO APPROXIMATE 640 -ACRE DESIGNATED HORIZONTAL WELLBORE SPACING UNITS ESTABLISHED FOR CERTAIN PORTIONS OF SECTIONS 14, 15, 22 AND 23, TOWNSHIP 5 NORTH, RANGE 62 WEST, 6TH P.M., FOR THE DEVELOPMENT/ OPERATION OF THE NIOBRARA FORMATION, WATTENBERG FIELD, WELD COUNTY, COLORADO APPLICATION CAUSE NO. 407 DOCKET NO. To be assigned RECEIVED MAY 2 4 2016 WELD COUNTY COMMISSIONERS Bill Barrett Corporation, Operator No. 10071 ("BBC" or "Applicant"), by and through its attorneys, Beatty & Wozniak, P.C., respectfully submits this Application to the Oil and Gas Conservation Commission of the State of Colorado (the "Commission") for an order pooling all interests in two approximate 640 -acre designated horizontal wellbore spacing units established for certain portions of Sections 14, 15, 22 and 23, Township 5 North, Range 62 West, 6th P.M., for the development and operation of the Niobrara Formation. In support of its Application, Applicant states and alleges as follows: 1. Applicant is a corporation duly authorized to conduct business in the State of Colorado, and has registered as an operator with the Commission. lands: 2. Applicant owns substantial leasehold interests in the below -listed Township 5 North, Range 62 West, 6°' P.M. Section 14: S%S'/2 Section 15: S%S% Section 22: N%N% Section 23: WAN'/ Wellbore Spacing Unit ("WSU") Nos. 1 and 2 These lands are hereinafter collectively referred to as the "Application Lands". 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. The Application Lands are subject to Rule 318A. LEO a a3 4. Upon information and belief, Applicant designated two approximate 640 -acre horizontal wellbore spacing units comprised of the Application Lands, for the below -described wells, for the production of oil, gas and associated hydrocarbons from Niobrara Formation. Applicant notified all owners in the proposed wellbore spacing units pursuant to Rule 318A.e.(5). Applicant did not receive objections to the establishment of the proposed horizontal wellbore spacing units within the 30 -day response period: a. Anschutz State 5-62-22-0108B2B Well (API No. 05-123-42124) — Niobrara Formation — WSU No. 1; and b. Anschutz State 5-62-22-0108C2B Well (API No. 05-123-42125) — Niobrara Formation — WSU No. 2. These wells are hereinafter referred to as the "Subject Wells." 5. Acting pursuant to the relevant provisions of §34-60-116(6) & (7), C.R.S., and Rule 530., Applicant seeks an order pooling all interests, including, but not limited to, any nonconsenting interests, in WSU Nos. 1 and 2 established for the Application Lands, for the development and operation of the Niobrara Formation. 6. Applicant requests that the pooling order entered as a result of this Application be made effective as of the earlier of the date of this Application, or the date that the costs specified in §34-60-116(7)(b), C.R.S. are first incurred for the drilling of the Subject Wells within WSU Nos. 1 and 2. 7. Further, Applicant requests 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 each of the Subject Wells, are made subject 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 the costs specified in §34-60-116(7)(b), C.R.S. are first incurred for the drilling of each of the Subject Wells. 8. The granting of this Application is in accord with the Oil and Gas Conservation Act, found at §§34-60-101, et seq., C.R.S., and the Commission rules. 9. Applicant requests that relief granted under this Application should be effective on oral order by the Commission, and Applicant hereby agrees to be bound by said oral order. 10. The undersigned certifies that copies of this Application will be served on each interested party as required by Rule 507 within seven (7) days of the filing hereof, as required by Rule 503.e. WHEREFORE, Applicant respectfully requests that this matter be set for hearing, that notice be given as required by law and that upon such hearing, this Commission enter its order 2 A. Pooling all interests in WSU Nos. 1 and 2 established for the Application Lands, for the development and operation of the Niobrara Formation, with the pooling order made effective as of the earlier of the date of this Application, or the date that the costs specified in §34-60-116(7)(b), C.R.S. are first incurred for the drilling of each of the Subject Wells. B. 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 each of the Subject Wells, are pooled by operation of statute, pursuant to §34-60-116(6) & (7), C.R.S., and made subject to the cost recovery provisions thereof, effective as of the earlier of the date of the Application, or the date the costs specified in §34-60- 116(7)(b), C.R.S. are first incurred for the drilling of each of the Subject Wells. C. For such other findings and orders as the Commission may deem proper or advisable in the premises. DATED this/9 day of May, 2016. Respectfully submitted, BILL BARRETT CORPORATION By: Fulcher Beatty & Wozniak, P.C. Attorney for Applicant 216 16th Street, Suite 1100 Denver, Colorado 80202 (303) 407-4499 jfulcher@bwenergylaw.com Kenneth A. Wonstolen Senior Vice -President & General Counsel Bill Barrett Corporation Applicants Address: Bill Barrett Corporation Leslie Mann, Landman 1099 18th Street, Suite 2300 Denver, CO 80202 3 VERIFICATION STATE OF COLORADO ) ) ss. CITY & COUNTY'OF DENVER. ) Leslie Mann, Landman for Bill Barrett Corporation, upon oath deposes and says that she has read the foregoing Application and that the statements contained therein are true to the best of her knowledge, information and belief. BILL BARRETT CORPORATION Subscribed and sworn to before me this IA -0 day of May, 2016, by Leslie Mann, Landman for Bill Barrett Corporation. Witness my hand and official seal. My commission expires: 00(1-K 3, an a 00,11 ( §-(@Q OP( , Notary Public J MARY LOUISE YEAST NOTARY. PUBLIC STATE OF COLORADO NOTARY ID 41 20144011731. MY COMMISSION EXPIRES MARCH 13.2018 EXHIBIT A INTERESTED PARTIES The names and addresses of the interested parties (persons who own any interest in the mineral estate of the tracts to be pooled, except owners of overriding royalty interest) according to the information and belief of the Applicant are set forth in this Exhibit A. Bill Barrett Corporation 1099 18th Street, Suite 2300 Denver, CO 80202 Bonanza Creek Energy Operating 410 17th St., Suite 1400 Denver, CO 80202 Anschutz Exploration Corporation Attn: Steve Florentine 555 17th Street, Ste. 2400 Denver, CO 80202 Noble Energy, Inc. 1625 Broadway St. #2200 Denver, Co 80202 RAISA DJ BASIN I, LP Attn: Casey Harless 1580 Lincoln Street, Suite 1110 Denver, CO 80203 Reddy Family Inc. 16827 SE Newport Way Bellevue, WA 98006 Ada Nancy Gates Address Unknown Lavada Hurt Address Unknown ayroelcMmerals; L _ 5950 Cedar Springs Rd., Suite 200 Dallas, TX 75235 Weld County Board of Commissioners P.O. Box 758 Greeley, CO 80632 Susan Monahan 145 Thome Street Walla Walla, WA 99362 Kathleen Monahan 7425 Greenbum Drive Roseville, CA 95678 Melissa Jankovsky 133 Alpine Court Glenwood Springs, CO 81601 Rex William Monahan, Ill 12 Dos Rios Greeley, CO 80634 The Prospect Company do 13045 Tesson Ferry Rd., 81-06, Tax Department St. Louis, MO 63128 70 Ranch LLC 8301 E. Prentice Ave., Suite 100 Greenwood Village, CO 80111-1916 Full Sea Equities LLC 7811 West Titan Road Littleton, CO 80125 Full Sea Equities LLC 8301 E. Prentice Ave., Suite 100 Greenwood Village, CO 80111-1916 DAX 2020 LLC 427 St. Paul St. Denver, CO 80206 Alex -Spero 427 St. Paul St. Denver, CO 80206 Colorado Board of Land Commissioners 1127 Sherman Street, Suite 300 Denver, CO 80203 BEFORE THE OIL & GAS CONSERVATION COMMISSION OF THE STATE OF COLORADO IN THE MATTER OF AN APPLICATION BY BILL BARRETT CORPORATION FOR AN ORDER POOLING ALL INTERESTS IN TWO APPROXIMATE 640 -ACRE DESIGNATED HORIZONTAL WELLBORE SPACING UNITS ESTABLISHED FOR CERTAIN PORTIONS OF SECTIONS 14, 15, 22 AND 23, TOWNSHIP 5 NORTH, RANGE 62 WEST, 6TH P.M., FOR THE DEVELOPMENT/ OPERATION OF THE NIOBRARA FORMATION, WATTENBERG FIELD, WELD COUNTY, COLORADO AFFIDAVIT OF MAILING STATE OF COLORADO ) ss. CITY AND COUNTY OF DENVER ) CAUSE NO. 407 DOCKET NO. To be assigned Chanda Thomsen, of lawful age, and being first duly sworn upon her oath, states and declares: That she is a Legal Assistant at B atkv & Wozniak, P.C., attorneys for Bill Barrett Corporation, and on or before May , 2016, caused a copy of the attached Application to be deposited in the United States Mail, postage prepaid, addressed to the parties listed on Exhibit A. 44- day of May, 2016. Subscribed and sworn to before me this Witness my hand and official seal. ANGELA V. TRIBOLET NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20134073010 'MY COMMISSION EXPIRES NOVEMBER 20, 2017 Notary Public Hello