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HomeMy WebLinkAbout20153405.tiff BEFORE THE OIL AND GAS CONSERVATION COMMISSION OF THE STATE OF COLORADO IN THE MATTER OF THE PROMULGATION AND ) CAUSE NO. 407 - ESTABLISHMENT OF FIELD RULES TO GOVERN • OPERATIONS FOR THE CODELL-NIOBRARA ) DOCKET NO. 151000655 FORMATION, WATTENBERG FIELD, WELD COUNTY, COLORADO ) TYPE: POOLING NOTICE OF HEARING RECEIVED TO ALL INTERESTED PARTIES AND TO WHOM IT MAY CONCERN: APPLICATION LANDS SEP 2 9 2015 WELD COUNTY Township 6 North. Range 67 West. 6th P.M. COMMISSIONERS Section 20: S'/SEA% Section 29: WANE% APPLICATION On August 27, 2015, Great Western Operating Company, LLC. (Operator No. 10110) ("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 160-acre designated wellbore spacing unit, for the development and operation of the Codell-Niobrara Formation. 2) Subject any non-consenting 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 H-Y 29- 31-2 Well (API No. 05-123-35439). PRIOR RULES AND ORDERS (available online at: http://cogcc.state.co.us, under"ORDERS") • 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 inf ill 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. • 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. • 2015-3405 • LEo3}I Lco335 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, October 26, 2015 Tuesday, October 27,2015 Time: 9:00 a.m. Place: Colorado Oil and Gas Conservation Commission .'+ tt_iV 1120 Lincoln Street, Suite 801 J.`e r ; 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 October 9, 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 October 12, 2015. Pursuant to Rule 511, if the matter is uncontested, it may be approved without a hearing, based on review of the merits of the verified application and supporting exhibits. OIL AND GAS CONSERVATION COMMISSION OF THE STATE OF COLORADO By Murphy, ecreta - Dated: September 17,2015 Colorado Oil and Gas Conservation Commission Attorneys for Great Western: 1120 Lincoln Street, Suite 801 Jamie L. Jost Denver, Colorado 80203 Zachary P. Sears Website: http://cogcc.state.co.us Burleson LLP Phone: (303) 894-2100 1700 Lincoln Street, Suite 1300 Fax:,(303) 894-2109 Denver, Colorado 80203 (303) 801-3200 jjost@burlesonlIp.com zsears@burlesonlIp.com 2 (151000655) BEFORE THE OIL AND GAS CONSERVATION COMMISSION OF THE STATE OF COLORADO IN THE MATTER OF THE APPLICATION OF CAUSE NO. 407 GREAT WESTERN OPERATING COMPANY, LLC FOR AN ORDER TO POOL ALL DOCKET NO. INTERESTS IN AN APPROXIMATE 160-ACRE DESIGNATED WELLBORE SPACING UNIT TYPE: POOLING FOR PORTIONS OF SECTIONS 20 AND 29 TOWNSHIP 6 NORTH, RANGE 67 WEST, 6T14 P.M., FOR THE CODELL-NIOBRARA RECEIVED FORMATION, WATTENBERG FIELD, WELD - COUNTY, COLORADO • SEP 0 8 2015 APPLICATION - WELD COUNTY • COMMISSIONERS COMES NOW Great Western Operating Company, LLC (Operator No. 10110) ("Great Western" or "Applicant"), by its attorneys, Burleson LLP, and makes this application to the Oil and Gas Conservation Commission of the State of Colorado ("Commission") for an order to pool all interests within an approximate 160-acre Wellbore Spacing Unit, as defined below, for the drilling of the H-Y 29-31-2 Well (API No. 05-123-35439) ("Well"), for the development of theCodell-Niobrara Formation on the following described lands: Township 6 North, Range 67 West, 6th P.M. Section 20: S%%SE% Section 29: N%NEI4 160 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 in 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. • . 3 , 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 July 29, 2013, the Commission entered Order No. 407-835, which among other.-things, approved the request for an order to pool all interests in an approximate 160-acre designated wellbore spacing unit established for certain lands in Section 20 Township 6 North, range 76 West, 6th P.M., for the development and operation of the Codell-Niobrara Formation. Order No. 407-835 does not affect this Application.+';;! cJJPA' 6. On March 2, 2015, the Commission entered Order No. 407-1238, which among other things, approved the request for an order to 1) vacate the pooling provisions entered by Order No. 407-1025 for five approximate 320-acre designated wellbore spacing units established for the N% of Section 28, Township 6 North, Range 67 West, 6th P.M., for the development and operation of the Codell and Niobrara Formations; 2) pool all interests in seven approximate 400-acre to 640-acre designated wellbore spacing units, including portions of the Application Lands; for the development and operation of the Codell and Niobrara Formations. Order No. 407-1238 does not affect this Application. 7. Applicant designated the 160-acre Wellbore Spacing Unit for the production of oil, gas, and associated hydrocarbons from the Codell-Niobrara Formation pursuant to Rule 318A and notified the appropriate parties under Rule 318A. 8. 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 Codell- Niobrara Formation underlying the following approximate 160-acre Wellbore Spacing Unit: Township 6 North, Ranqe 67 West, 6th P.M. Section 20: S%SE' Section 29: WANE'/ (throughout as "Wellbore Spacing Unit"). 9. 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 Well to the Codell- Niobrara Formation on the Application Lands. • i ' 10. 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) clays 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. 11. That in order to prevent waste and to protect correlative rights, all interests in the Wellbore Spacing Unit should be pooled for the orderly development of the Codell-Niobrara Formation, including any non-consenting interests therein. WHEREFORE, Applicant requests that this matter be set for hearing at the next available opportunity, that notice be given as required by law, and that upon such hearing, the Commission enter its order: A. Pooling all interests in the Application Lands and the Wellbore Spacing Unit for the development of the Codell-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 Well in the Wellbore Spacing Unit to the Codell-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 Codell-Niobrara Formation in the 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. WHEREFORE, Applicant respectfully requests that this matter be set for ' hearing in October 2015, that notice be given as required by law, and that upon such hearing, the Commission enter its order consistent with Applicant's request as set forth above. Dated: August 27, 2015. J , • v Respectfully submitted: GREAT WESTE OPERATING COMPANY, LLC By: /6 mie L. Jost Zachary P. Sears Burleson LLP Attorneys for Applicant 1700 Lincoln St., Suite 1300 Denver, Colorado 80203 (303) 801-3200 Applicant's Address: Great Western Operating Company, LLC ATTN: Michael Tucker 1801 Broadway, Suite 500 Denver, CO 80202 n • 9 7 ` 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 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 this971 day of August 2015. • Witness my hand and official seal. 7 CHRISTEN NICOLE JACKSON [SEAL] STATE OF COLORRADO OTARY ID#20124040032 MY CE'MAIISSION EXPIRES JUNE 24 2017 • My commission expires: U[ -a24-e?(7(3- • t)eduaktietwk- . Notary Public • • BEFORE THE OIL AND GAS CONSERVATION COMMISSION OF THE STATE OF COLORADO IN THE MATTER OF THE APPLICATION OF CAUSE NO. 407 GREAT WESTERN OPERATING COMPANY, LLC FOR AN ORDER TO POOL ALL DOCKET NO. 151000655 INTERESTS IN AN APPROXIMATE 160-ACRE DESIGNATED WELLBORE SPACING UNIT TYPE: POOLING FOR PORTIONS OF SECTIONS 20 AND 29, TOWNSHIP 6 NORTH, RANGE 67 WEST, 6TH P.M., FOR THE CODELL-NIOBRARA FORMATION, WATTENBERG FIELD, WELD COUNTY, COLORADO AFFIDAVIT OF MAILING STATE OF COLORADO ) . )ss. CITY AND COUNTY OF DENVER ) I, Zachary P. Sears of lawful age, and being first duly sworn upon my oath, state and declare that I am the %trey for Great Western Operating Company, LLC, and that on or before the " day of September 2015, I 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 to the Application. Za ary P. Sears Subscribed and sworn to before me this Z day of September 2015. Witness my hand and official seal. RACH• EL FLEMING NOTARY PUBLIC STATE OF COLORADO [S EAL] NOTARY ID 20144025048 [SEAL] ,MY COMMISSION EXPIRESJUNE 244,2018 My commission expires: 3wlc Z'1, 2w No li ` 1 p Exhibit A FP — H-Y29-31-2 Adrian Field Christine Kadlub Solomon 37120 Soaring Eagle Circle 906 East Dona Street, Severance, CO 80550 Cheyenne, WY 82009 Alexander Ferrel, Craig Alan Kadlub a/k/a Alexandor Ferrel 10387 Burensburg Avenue 1185 Hemlock Drive Las Vegas, NV 89135 Windsor, CO 80550 Daniel J. Bisceglia and Annemarie Dressel Miller and Brittany Biseglia, join tenants Keith Brian Miller, joint tenants 1110 Hemlock Drive 1049 Pinyon Drive Windsor, CO 80550 Windsor, CO 80550 Daniel L. Larson and Anthony Lee Barbour Donna L. Krcina,joint tenants 1061 Pinyon Drive 1041 Pinyon Drive Windsor, CO 80550 Windsor, CO 80550 Archdiocese of Denver Daniel N. Lobato and 1300 South Steele Street Mary Beth Lobato, joint tenants Denver, CO 80210 1170 Hemlock Drive Windsor, CO 80550-4938 Barry Wayne Kadlub 309 Locust Street David B. Nicholl a/k/a Windsor, CO 80550 David Bret Nicholl, and Amy L. Nicholl a/k/a Bradley V. Hulse and Amy Louise Nicholl, joint tenants Paula Kay Hulse, tenants in common 381 Buffalo Drive# E 1065 Juniper Dr. Windsor, CO 80550 Windsor, CO 80550 David F. Meisinger and Brooke Kadlub Ward Fredia M. Meisinger,joint tenants PO Box 3275 1042 Larch Drive West Wendover, NV 89883 Windsor, CO 80550 Carolyn Anne Jones and David Kenneth Kick Timothy William Giffey II, 1049 Larch Drive joint tenants Windsor, CO 80550-4964 1054 Pinyon Court Windsor, CO 80550 Dawn R. Huski 1049 Hemlock Drive Windsor, CO 80550 Diane S. West Harland T. Houser, as 1056 Larch Drive remainderman with ' Windsor, CO 80550 Wyendolyn R. Houser a/k/a Wendy R. Houser a/k/a E. L. Boddy and Wyendolyn R. Carroll Elsie M. Boddy, joint tenants of the Emma R. Houser life estate Unknown Address W9660 County Road TT, Hortonville, WI 54944-8532 Emma R. Houser, life tenant with • Harland T. Houser and • H. E. Beaver Wyendolyn R. Houser a/k/a 31505 Eastman Park Drive Wendy R. Houser a/k/a Windsor, CO 80550 Wyendolyn R. Carroll as remaindermen Jackes LLC 3708 N. Illinois Avenue 1078 South Coffman Florence, AZ 85132 Longmont, CO 80610 Eric Calderone and Jacqueline J. Garcia Jennifer D. Bachowski, joint tenants 1073 Pinyon Drive 1114 Hemlock Court Windsor, CO 80550 Windsor, CO 80293 Jeffrey R.T. Cobb and Esperanza Jaramillo Jennifer L. Cobb,joint tenants 503 Spuce Mountain Court 1143 Hemlock Drive Windsor, CO 80550-4901 Windsor, CO 80550-4937 Francisco A. Villa and Jeremy Lutz Echo D. Villa, joint tenants 1073 Larch Drive 1084 Larch Drive Windsor, CO 80550 Windsor, CO 80550 Jerome J. Janicki Gary L. Erbes and 1069 Pinyon Drive Marita Erbes,joint tenants Windsor, CO 80550 1054 Juniper Drive Windsor, CO 80550 Jerry Charles Dickey and Kim Marie Dickey, Gene G. Sammelman tenants in common 1048 Juniper Drive 1037 Larch Drive Windsor, CO 80550 Windsor, CO 80550 • Grizzly Petroleum Company, LLC John Kosmicki and Susan Leschnik 1801 Broadway, Suite 500 Living Trust dated January 21, 2014 Denver, CO 80202 1116 Hemlock Court Windsor, CO 80550 ti 7 John L Garcia and Mark A. Fleener and Andrea L. Patricia L. Garcia,joint tenants Fleener, tenants in common 1129 Hemlock Drive 1130 Hemlock Drive Windsor, CO 80550 Windsor, CO 80550 Jordan and Hilary Beck Martin P. Franz 1042 Pinyon Court 2658 5th Street Windsor, CO 80550 SW, Loveland, CO 80537 Kelly P. King and Melvin L. Whipple and Elizabeth K. King, joint tenants Karen K. Whipple, joint tenants 1072 Pinyon Drive, 1171 Hemlock Drive Windsor, CO 80550 Windsor, CO 80550-4937 Kenneth C. Baldwin and Michael C. Watt and Tamara J. Baldwin, joint tenants Melissa R. Watt, joint tenants 1032 Hemlock Drive 1030 Pinyon Court Windsor, CO 80550-4934 Windsor, CO 80550 Kenneth L. Blum and - Michael P. Holman and Ella Mae Blum, joint tenants Kimberly Wright-Holman 166 Pinyon Drive joint tenants Windsor, CO 80550-4941 1036 Pinyon Court Windsor, CO 80550 Kerr-McGee Oil & Gas Onshore LP 1099 18th Street, Suite1800 Michael Vern Jensen and Denver, CO 80202 Kandy Ewell Jensen, joint tenants 1048 Pinyon Drive Lisa Reiter Windsor, CO 80550 1140 Hemlock Court Windsor, CO 80550 . Nathan Lopatin and Rachael Lopatin, joint tenants Lisa Tirreil Gurley and 1033 Hemlock Drive Philip Nicolas Gurley,joint tenants Windsor, CO 80550 1037 Pinyon Drive Winsor, CO 80550 Patrick J. McCabe and Lisa A. McCabe,joint tenants Louis M. Rivera and 1065 Pinyon Drive Roberta L. Rivera,joint tenants Windsor, CO 80550 1157 Hemlock Drive Windsor, CO 80550 Paula D. Harder '" 5164 Shavano Court Lynn F. Skoglund and - Winsor, CO 80550-2584 Debra Skoglund, joint tenants , 1120 Hemlock Court Windsor, CO 80550-4933 • • ` C Paula Marlene Brown Robert Lee Grither 1061 Larch Drive 1150 Hemlock Drive Windsor, CO 80550 Windsor, CO 80550 Peter J. Dick and Janet R. Dick, Robert R. Duffy and Kristy L. Duffy, joint tenants joint tenants 1060 Pinyon Dr •1057 Pinyon Drive Windsor, CO 80550-4941 Windsor, CO 80550 • Phillip G. Yastrow, as joint tenants Rosalinda Dressel with Ellen J. Yastrow 1045 Pinyon Drive PO Box 341 Windsor,,CO 80550 Windsor, CO 80550 • Sherry Lynn Carey Revocable Trust Ellen J. Yastrow, as joint tenants 1024 Pinyon Court with Phillip G. Yastrow Windsor, CO 80550 139 Bayside Circle Windsor, CO 80550 Stacey Kadlub 6423 County Road 89 Randall L. Hocking, Roggen, CO 80652-9291 individually and as joint tenants with Patricia E. Quade-Hocking Stephen Ralph Kennedy and 31591 Country Road 17 Catherine M. Kennedy, joint tenants Windsor, CO 80550 1085 Larch Drive Windsor, CO 80550-4929 Patricia E. Quade-Hocking, as joint " tenants with Randall L. Hocking Steven C. Kingery, Mollie M. 31591 Country Road 17 Kingery, Jason Kingery, and Windsor, CO 80550 Catherine Kingery, joint tenants 1180 Hemlock Dr. Randy L. Knaub and • RWindsor, CO 80550-4938 Tammy Knaub, joint tenants 1115 Hemlock Dr Thomas Edwin Kadlub Windsor, CO 80550 PO Box 447 Roseau, MN 56751 Richard E. Smith and Jennifer J. Dizmang-Smith, joint tenants - Town of Windsor 1101 Hemlock Drive . 301 Walnut Street - Windsor, CO 80550-4937 • Windsor, CO 80550 Richard H. Dumm, Jr. Travis.Ross and Laura Ross,joint 352 North Shores Circle tenants • Windsor, CO 80550 1048 Hemlock Drive, Windsor, CO 80550 i • # , Una A. Johnston • 7614 S. County Road 3 Fort Collins, Co 80528-9326 Vicki L. Baler 1049 Juniper Drive Windsor, CO 80550 • Weld County 915 Tenth Street Greeley, CO 80631 William E. Bathauer and Joyce D. Bathauer, joint tenants 1053 Pinyon Drive Windsor, CO 80550 William H. Brooks and Nancy J. Brooks, joint tenants 1118 Hemlock Ct. Windsor, CO 80550-4933 Wyendolyn R. Houser a/k/a Wendy R. Houser a/k/a Wyendolyn R. Carrollas remainderman with Harland T. Houser of the Emma R. Houser life estate PO Box 6997 Mesa, AZ 85216 Hello