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HomeMy WebLinkAbout20152681.tiff O O - BEFORE THE OIL AND GAS CONSERVATION COMMISSION OF THE STATE OF COLORADO IN THE MATTER OF THE PROMULGATION ) CAUSE NO. 407 AND ESTABLISHMENT OF FIELD RULES TO GOVERN OPERATIONS FOR THE CODELL ) DOCKET NO. 150700359 AND NIOBRARA FORMATIONS, WATTENBERG FIELD, WELD COUNTY, ) TYPE: POOLING COLORADO NOTICE OF HEARING RECEIVED TO ALL INTERESTED PARTIES AND TO WHOM IT MAY CONCERN: JUN 19 2015 APPLICATION LANDS WELD COUNTY { Township 5 North, Ranee 65 West, 6th P.M. COMMISSIONERS Section 19: S'/2 Section 20: SW% APPLICATION On May 5, 2015 (Amended June 4, 2015), Extraction Oil & Gas LLC (Operator No. 10459) ("Extraction" or "Applicant") filed a verified application pursuant to §34-60-116, C.R.S., for an order to: 1) Vacate six approximate 80-acre drilling and spacing units established by Order No. 407-87 for the Application Lands; 2) Establish an approximate 480-acre drilling and spacing unit for the Application Lands for the production of oil, gas, and associated hydrocarbons from the Codell and Niobrara Formations; 3) Approve up to eight horizontal wells within the unit; - 4j — Require that the productive interval of the wellbore to be located no closer than 460 feet from the unit boundaries, and no closer than 150 feet from the productive interval of any other wellbore located in the unit; 5) Pool all interests in the approximate 480-acre drilling and spacing unit established for the Application Lands for the development and operation of the Codell and Niobrara Formations; and 6) 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 GP- Dairy 1-20-19 Well (API No. 05-123-04328); GP-Dairy 2-20-19 Well (API No. 05-123-41146); • GP-Dairy 3-20-19 Well (API No. 05-123-40314); GP-Dairy 4-20-19 Well (API No. 05-123- 1 2015-2681 LE035%--- 41138); GP-Dairy 5-20-19 Well (API No. 05-123-41140); GP-Dairy C6-20-19 (No API number); GP-Dairy C7-20-19 (No API number); and the GP-Dairy C8-20-19 (No API number). 7) Applicant agrees that the proposed wells shall be drilled from a total of no more than eight locations within the proposed drilling and spacing unit. APPLICABLE RULES AND ORDERS (available online at: http://cogcc.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. • On February 19, 1992, Order No. 407-87 established six approximate 80-acre drilling and units for the Application Lands for the production of oil, gas, and associated hydrocarbons from the Codell and Niobrara formations. 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 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: Date: Monday, July 20, 2015 Tuesday, July 21, 2015 Time: 9:00 a.m. Place: Colorado Oil and Gas Conservation Commission 1120 Lincoln Street, Suite 801 Denver, CO 80203 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 6, 2015. 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 6, 2015. Pursuant to Rule 511., if the matter is uncontested, it may be approved without a hearing.•I ' 2 (150700359) Q OIL AND GAS CO VATION COMMISSION OF TH TATE O OLORADO By Q J 1' Murphy, Secretary Dated: June?, 2015 Colorado Oil and Gas Conservation Commission Attorneys for Applicant: 1120 Lincoln Street, Suite 801 Thomas J. Kimmel Denver, Colorado 80203 Zarlengo & Kimmell, P.C. Website: http://cogcc.state.co.us 700 N. Colorado Blvd., Suite 598 Phone: (303) 894-2100 Denver, Colorado 80206 Fax: (303) 894-2109 (303) 832-6204 Kimmell01@aol.com Lease in Place : YES NO Q Lease u LED Acres 91 ' Keep for Hearing Outcome/Minutes File=No Action Needede 3 (150700359) ® Q BEFORE THE OIL AND GAS CONSERVATION COMMISSION OF THE STATE OF COLORADO IN THE MATTER OF THE AMENDED APPLICATION OF CAUSE NO. 407 EXTRACTION OIL AND GAS, LLC. FOR AN ORDER POOLING INTERESTS IN THE NIOBRARA AND CODELL FORMATIONS FOR HORIZONTAL WELLS DOCKET NO. 150700359 LOCATED IN A PORTION OF THE WATTENBERG FIELD AND FOR THE ESTABLISHMENT OF THE SIZE OF THE RECEIVED DRILLING AND SPACING HORIZONTAL UNIT • FOR THE PRODUCTION OF OIL AND GAS FROM JUN 19 2015 THE NIOBRARA AND CODELL FORMATIONS IN WELD COUNTY, COLORADO WELD COUNTY COMMISSIONERS COMES NOW Extraction Oil and Gas, LLC, ("Applicant") by and through its attorney, Thomas J. Kimmell and for its AMENDED application for an order for the involuntary pooling of certain interests in production from the Niobrara and Codell formations in the lands described below pursuant to CRS § 34-60-116 and for an order establishing the size of a horizontal drilling and spacing unit implemented pursuant to Cause No. 407-87 and Rule 318A(I)(a)(4)(D), states and alleges as follows: 1. Applicant is duly authorized to conduct business in the State of Colorado, HAS AN OPERATOR IDENTIFICATION NUMBER OF 10459, and owns an interest in and operates oil and gas leases and mineral interests covering portions of certain lands located in Weld County, Colorado described as follows: T5N, R65W, 61h P.M., Weld County, Colorado Section 19: S2 Section 20: SW4 2. On April 27, 1988, 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 dr recomplete,a well and to commingle..anv or all Cretaceous Age Formations from the base of the Dakota Formation to the surface. Rule 318A. supersedes all prior Commission drilling and spacing orders affecting well location and density requirements of Greater Wattenberg Area wells. On December 5, 2005, Rule 318A was amended, among other things, 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, among other things, to address drilling of horizontal wells. Sections 19 and 20, Township 5 North, Range 65 West, and 6th P.M. are subject to Rule 318A for the Niobrara and Codell Formations. 3. The above-described lands are included within the area governed by the Greater Wattenberg Area Special Well Location Rule, Rule 318A (I) of the Commission rules and the Wattenberg spaced area for the production of oil and gas from the O 0 d Niobrara and Codell formations (See Order No. 407-87 for the Niobrara and Codell formations). 4. Pursuant to Rule 318A(I)(a)(4)(D), where a drilling and spacing unit does not exist for a horizontal well, as in the present case, a horizontal wellbore spacing unit shall be designated by the operator for each proposed horizontal well. The horizontal wellbore spacing unit shall be comprised of the governmental quarter- quarter sections in which the wellbore lateral penetrates the productive formation as well as any governmental quarter-quarter sections that are located less than four hundred sixty (460) feet from the portion of the wellbore lateral that penetrates the productive zone regardless of section or quarter section lines. In • the present case, the laterals of the proposed horizontal wells will either penetrate or be located within 460 feet of twelve quarter quarter sections comprising in total Section 19: S2 and Section 20: SW4. APPLICANT PROPOSES HEREIN THE ESTABLISHMENT OF A HORIZONTAL WELL 'DRILLING AND SPACING UNIT AND UPON APPROVAL OF SUCH DRILLING AND SPACING UNIT,'WILL FILE A SUNDRY NOTICE TO VACATE THE WELLBORE SPACING UNITS ESTABLISHED BY THE FILING OF APPLICATIONS FOR PERMITS TO DRILL AS TO THE WELLS DESIGNATED IN PARAGRAPH 7 BELOW. 5. Applicant is FURTHER REQUESTING THAT THE any established 80-acre drilling and spacing units er*she establis d dam+ „ of proceeds from any existing FOR vertical Niobrara AND CODELL formation wells BE VACATED. Applicant will allocate and distribute proceeds from the horizontal wells on a 480-acre basis. 6. Consistent with the findings in the rulemaking that resulted in the adapted Rule 318/41)(a)(4)(D) and in order to protect the correlative rights of the owners of the landowners' and overriding royalty interests in and to production from the Niobrara and Codell formations in and under the lands above described and to ensure that each such owner has the opportunity to recover his or her just and equitable share of the oil, gas and associated hydrocarbons produced and to be produced from the Niobrara and Codell formations and to enable the drilling parties to develop these formations and lands, it is necessary to designate the one 480-acre drilling and spacing unit consisting of the S2 of Section 19 and the SW4 of Section 20 described above. Pursuant to designation of this 480-acre drilling and spacing unit, Applicant is entitled to conduct all operations reasonably necessary on such spacing unit to produce the oil and gas reserves described above, including, without limitation, drilling, completion, hydraulic fracturing, and conducting geophysical surveys. 7. Due to the costs and risks associated with the proposed horizontal wells, the creation of one 480-acre drilling and spacing unit is necessary to ensure that each such owner has the opportunity to recover his, her or its just and equitable share of the oil, gas and other associated hydrocarbons produced and to be produced from the Niobrara and Codell formations in and under the S2 of Section 19 and the SW4 of Section 20 above described. In particular, Applicant proposes ® to drill, complete and operate the wells described below on such drilling and spacing unit; GP-Dairy 1-20-19, GP-Dairy C6-20-19, GP-Dairy 2-20-19, GP-Dairy 3-20-19, GP-Dairy C7-20-19, GP-Dairy 4-20-19, GP-Dairy 5-20-19, GP-Dairy C8- 20-19 (referred to as the "Initial Wells"). As of the date of submittal of this application, Applicant has completed the drilling of the GP-Dairy 1-20-19 Well. APPLICATIONS FOR PERMITS TO DRILL HAVE BEEN SUBMITTED AND APPROVED FOR AND API NUMBERS HAVE BEEN ASSIGNED TO FIVE OF THE ABOVE WELLS, AS FOLLOWS: GP-DAIRY 1-20-19 WELL, API NUMBER 05-123-04328; GP-DAIRY 2-20-19 WELL, API NUMBER 05-123- 41146; GP-DAIRY 3-20-19 WELL, API NUMBER 05-123-40314; GP-DAIRY 4 • - 20-19 WELL, API NUMBER 05-123-41138; GP-DAIRY 5-20-19 WELL, API NUMBER 05-123-41140. 8. Applicant owns and operates oil and gas leases and controls mineral interests in the S2 of Section 19 and the SW4 of Section 20 above-described. A plat of the Spacing Unit is attached hereto as Exhibit A. 9. According to the title work completed by Applicant, the interested parties in the S2 of Section 19 and the SW4 of Section 20 are identified on Exhibit B attached hereto 10. More than 305 days prior to the date this matter will be heard, by letters sent to the persons described in Exhibit B. whose interests are unleased, Applicant offered to lease the interests in the oil and gas owned by those parties in the Spacing Unit. The letters included a proposed lease. A representative sample of the letter and the oil and gas lease is attached hereto as Exhibit C. 11. The offer to lease was made pursuant to C.R.S. § 34-60-116(7) c and Rule 530 of the rules of the Commission and the terms thereof comply with the requirements of the statute and rule. 12. In addition, in the letter containing the offer to lease described in paragraph 10, Applicant included the opportunity for each owner identified on Exhibit B,whose interests are unleased, to bear his, her of its proportionate share of the costs and risks of the drilling and operating the five Initial Wells currently planned for each Spacing Unit. The letters included the following information as required by Rule 530 of the Commission's rules: The location and objective depths of the eight (8) Initial Wells to be drilled in the Spacing Unit, The estimated drilling and completion costs of the eight (8) Initial Wells to be drilled in the Spacing Unit, The estimated spud dates for the Initial Wells to be drilled in the Spacing Unit or range of time within which the spudding is to occur and O 0 An AFE prepared by the Applicant and containing the information described above. 13. More than 3O5 days prior to the date this matter will be heard, the parties listed on Exhibit B, whose interests are unleased, who have not elected to bear his, her or its proportionate share of the costs and risks of drilling and operating the Initial Wells to be drilled in the Spacing Unit, have become non-consenting owners as defined by C.R.S. § 34-60-116(7) and Rule 530 of the rules of the Commission. 14. In order to prevent waste, protect correlative rights and in the best interests of • conservation and to foster, encourage and promote the development, production and utilization of the oil and gas natural resources, all the unleased interests in the Spacing Unit in the Niobrara and Codell formations owned by the parties listed on Exhibit B should be pooled in accordance with the provisions of C.R.S. § 34-60-116. 15. For purposes of pooling and cost recovery pursuant to C.R.S. §§ 34-60-116(6), (7), Applicant requests the Commission to order that a. Each nonconsenting owner be subject to the cost recovery provisions of C.R.S. § 34-60-116(7) to each of the Initial Wells that Applicant (or a successor in interest) drills within two years of the date of this Order, and b. Applicant shall re-comply with Rule 530 and allow each nonconsenting owner to make a new election to participate or be pooled by statute in each Initial Well, if any, that is not drilled to total depth within two years of the date of this Order; and c. Applicant shall re-comply with Rule 530 and allow each interest owner who is not pooled voluntarily to make an election to participate or be pooled by statute in any subsequently approved well(s) within the drilling and spacing unit. 16. Applicant states that it will attempt to begin drilling the Initial Wells within one year from the date of entry of this Order, by obtaining the necessary approvals and permits to drill. WHEREFORE, Applicant respectfully requests that this matter be set for hearing, that notice thereof be given as required by law and that upon such hearing, this Commission enter its order: a. That the S2 of Section 19 and the SW4 of Section 20 above described be designated as the drilling and spacing unit for production of oil, gas and associated hydrocarbons from the Niobrara and Codell formations from the Initial Wells and conduct of oil and gas operations reasonably necessary for such production. b. That the unleased interests in the 480-acre drilling and spacing unit consisting of the S2 of Section 19 and the SW4 of Section 20 described above in the Niobrara and Codell formations owned by the parties listed on Exhibit B who are "non-consenting owners" as defined by Rule 530 of the rules of the Commission be pooled and that such owners be treated as non-consenting owners under C.R.S. § 34-60-116, c. Authorizing the production of oil, gas and associated hydrocarbons from the Niobrara and Codell formations from locations that are permitted by Rule • 318A, and d. For such other and further relief as this Commission deems just and proper. Dated this 4th Day of MayJUNE, 2015. Respectfully Submitted, By: 4eiv 7/41, Thomas J. Kimmell, Its Attorney Zarlengo & Kimmell, PC • 700 N. Colorado Blvd., #598 ---— - -- --- -- —Denver, CO 80206 ---- -- -- - -- Phone: 303-832-6204 Email: Kimmell0l@aol.com • • U STATE OF COLORADO ) ) ss. COUNTY OF WELD Logan Richardson,as Vice President of Mineral Resources, Inc.which acts as Agent for Extraction Oil and Gas,LLC,being of lawful age,being first duly sworn upon • oath,deposes and says that he is employed by Applicant,that he has read the foregoing AMENDED Application and that the matters therein contained are true to the best of his knowledge,information and belief. . Logan Richardson Subscribed and sworn to before me this ) day of t_jrj r•k__. ,2015 Witness my hand and official seal. My commission expires: I I I' 11 I`, Notary Publid _- MARY J METZGER NOTARY PUBLIC ETAT O E F COI.ORAOO NOTARY ID Y 2O,Fa09yr y '!_,COMMISSION+EXFIFES NOVEUOEI,0 2D, Exhibit"A" Spaeifig 44hi-E-Riat EXHIBITS ALL EXHIBITS ATTACHED TO THE ORIGINAL APPLICATION ARE ADOPTED AND INCORPORATED BY REFERENCE HEREIN. Hello