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Home My WebLink About20144007.tiff RECEIVED MAY 2 0 20P, BEFORE THE OIL AND GAS CONSERVATION COMMISSION rOM WELD COUNT OF THE STATE OF COLORADO c IN THE MATTER OF THE PROMULGATION AND ) CAUSE NO. 407 ESTABLISHMENT OF FIELD RULES TO GOVERN ) OPERATIONS FOR THE NIOBRARA FORMATION, ) DOCKET NO. 1401-UP-39 WATTENBERG FIELD, WELD COUNTY, COLORADO AMENDED NOTICE OF HEARING TO ALL INTERESTED PARTIES AND TO WHOM IT MAY CONCERN: APPLICATION LANDS Township 2 North, Range 67 West, 6th P.M. Section 12: W1/2E1/2, EY2WY2 Section 13: W1/2E1/2, E1/2W'/z APPLICATION On February 27, 2014 (Amended March 10, 2014), Kerr-McGee Oil & Gas Onshore LP ("Kerr-McGee" or "Applicant"), by its attorneys, filed with the Commission pursuant to §34-60- 116 C.R.S., a verified amended application ("Amended Application") for an order to: 1) Pool all interests, including leased mineral interest owners, in an approximate 640-acre designated wellbore spacing unit, effective as of the earlier of the date of the Application, or the date that any of the costs specified in C.R.S. §34-60-116(7)(b) were first incurred; and 2) Subject any nonconsenting interests to the cost recovery provisions of C.R.S. §34-60-116(7), for the drilling of the Kerr 28N-12HZ Well (API No. 05-123-38982). PRIOR RULES AND ORDERS (available online at: http://copcc.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 (amended August 20, 1993) established 80-acre drilling and spacing units for the production of oil and/or gas from the Codell and Niobrara Formations underlying certain lands, with the permitted well locations in accordance with the provisions of Order No. 407-1. 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, June 16, 2014 Tuesday, June 17, 2014 Time: 9:00 a.m. Place: Rifle Branch Library Garfield County Public Library District 207 East Avenue Rifle, CO 81650 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. Pursuant to said hearing in the above-entitled matter at the time and place aforesaid, or at any adjourned meeting, the Commission will enter such orders as it deems appropriate to protect the health, safety and welfare of the public and to prevent the waste of oil and gas, either or both, in the operations of said field, and to carry out the purposes of the statute. 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 June 2, 2014. 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 June 2, 2014. 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 41qZ Robert J. Frick, Secretary Dated: May 12, 2014 mmission Attorneys for Kerr-McGee: Robert A. Willis Jillian Fulcher NO Beatty &Wozniak, P.C. Lease in Place : YES 216 16th Street, Suite 1100 Lease# L E00 g- Denver, Colorado 8Q202 Acres rwillis(c�bwenergylaw.com Keep for Hearing Outcome/Minutes jfulcher(c�bwenergylaw.com File-No Action Needed Page 2 of 2 (1401-UP-39) •R /)- BEFORE THE OIL & GAS CONSERVATION COMMISSION OF THE STATE OF COLORADO IN THE MATTER OF THE APPLICATION OF ) KERR-MCGEE OIL & GAS ONSHORE LP FOR ) Cause No. 407 AN ORDER TO POOL ALL INTERESTS IN AN ) APPROXIMATE 640-ACRE DESIGNATED ) Docket No. 1401-UP-39 WELLBORE SPACING UNIT LOCATED IN ) SECTIONS 12 AND 13, TOWNSHIP 2 NORTH, ) RECEIVED RANGE 67 WEST, 6T" P.M., FOR THE ) NIOBRARA FORMATION, WATTENBERG ) MAR 14 2014 FIELD, WELD COUNTY, COLORADO ) AMENDED APPLICATION COMMISSIONERS WELD COUNTY COMES NOW Kerr-McGee Oil & Gas Onshore LP (referred to herein as "Applicant"), by and through its undersigned attorneys, and makes application to the Colorado Oil and Gas 4 Conservation Commission ("Commission"), for an order to pool all interests within an approximate 640-ACRE DESIGNATED WELLBORE SPACING UNIT to produce oil, gas and associated hydrocarbons from the Niobrara Formation for the following described lands ("Application Lands"): Kerr 28N-12HZ Well (API No. 05-123-38982) ("Well"): Township 2 North, Range 67 West, 6th P.M. Section 12: W1/2E1/2, E'/AW'/Z Section 13: W'/ZE'/2, E'/2W'/2 Weld County, Colorado In support thereof, the Applicant states and alleges as follows: 1. Applicant is a limited partnership formed under the laws of the State of Delaware; is a wholly owned subsidiary of Anadarko Petroleum Corporation; is 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 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 Niobrara Formation underlying certain lands, including the Application Lands, with the permitted well locations in accordance with the provisions of Order No. 407-1. 4. On April 27, 1998, the Commission adopted Rule 318A, which, among other things, L o allowed certain drilling locations to be utilized to drill or twin a well, deepen a well or recomplete a well 8 and to commingle any or all of the Cretaceous Age Formations from the base of the Dakota 4) 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. ivantaLI/04 6n coq Prl N u. ur - a TC /lour)t21?1) 5. Pursuant to Rule 318A.e, Applicant designated an approximate 640-ACRE WELLBORE SPACING UNIT for the Well for the production of oil, gas, and associated hydrocarbons from Niobrara Formation. Applicant notified all owners in the proposed wellbore spacing unit pursuant to Rule 318A.e.(6), as applicable. Applicant did not receive objections to the establishment of the proposed wellbore spacing units within the 30-day response period, and, as such, certifies to the Commission that it did not receive objections to well location, proposed spacing unit, or proposed formations. 6. Applicant, pursuant to the provisions of C.R.S. § 34-60-116 (6) & (7) and Commission Rule 530, seeks an order pooling all interests, including but not limited to, any nonconsenting interests, in the Well for development and operation of the Niobrara Formation underlying the following designated 640-ACRE WELLBORE SPACING UNIT: Township 2 North, Range 67 West, 6th P.M. Section 12: W1/2E'/2, E1/2W1/2 Section 13: W1/2E1/2, E1/2W1/2 (hereinafter"the Wellbore Spacing Unit"). 7. 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)(II) are first incurred for the drilling of the Well to the Niobrara Formation on the Application Lands. 8. 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 507.b.(2), and that at least thirty (30) 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. The list of such interested parties is attached hereto as Exhibit A. 9. 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 Niobrara Formation, including any nonconsenting 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 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)(II) are first incurred for the drilling of the Well to 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 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 this/U day of March, 2014. Respectfully submitted, KERR-MCGEE OIL & GAS ONSHORE LP By: bert A. Willis Jillian Fulcher Beatty &Wozniak, P.C. Attorneys for Applicant 216 16th Street, Suite 1100 Denver, Colorado 80202 rwillis@bwenergylaw.com jfulcher@bwenergylaw.com Address of Applicant Kerr-McGee Oil & Gas Onshore LP ATTN: Nancy McDonald 1099 18th Street, Suite 1800 Denver, Colorado 80202 VERIFICATION STATE OF COLORADO ) ss. - CITY AND COUNTY OF DENVER) Nancy McDonald of lawful age, being first duly sworn upon oath, deposes and says that she is Staff Landman for Kerr-McGee Oil & Gas Onshore LP and that she has read the foregoing Application and that the matters therein contained are true to the best of her knowledge, information and belief. Nancy McDoald Kerr-McGee Oil & Gas Onshore LP Subscribed and sworn to before this/4 day of March, 2014. WV� M,.....C!q?' Witness my hand and official seal. V/%IOTAq� •v' [SEAL] . A `›9 VB`-`G'Oo ti ::OF COLOcV My commission expires: 3-ts-zo!6 Exe0-s' ot)-y Public BEFORE THE OIL & GAS CONSERVATION COMMISSION OF THE STATE OF COLORADO IN THE MATTER OF THE APPLICATION OF ) KERR-MCGEE OIL & GAS ONSHORE LP FOR ) Cause No. 407 AN ORDER TO POOL-ALL-INTERESTS-IN AN APPROXIMATE 640-ACRE DESIGNATED ) Docket No.1401-UP-39 WELLBORE SPACING UNIT LOCATED IN ) SECTIONS 12 AND 13, TOWNSHIP 2 NORTH, ) RANGE 67 WEST, 6TH P.M., FOR THE ) NIOBRARA FORMATION, WATTENBERG ) FIELD, WELD COUNTY, COLORADO ) AFFIDAVIT OF MAILING STATE OF COLORADO ) )ss. CITY AND COUNTY OF DENVER ) Jennifer L. Pittenger of lawful age, and being first duly sworn upon her oath, states and declares: That she is a Legal Assistant at Beatty & Wozniak, P.C., attorneys for Kerr-McGee Oil & Gas Onshore LP, and on or before March II , 2014, 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. J n fifer L Pittenger Subscribed and sworn to before me March / 2014. Witness my hand and official seal. My commission expires: /9,i. ,/,P/,60 .00 ,?� P / .:S � • • y. 'u c :o ` Notary Public /i/iiii rltt?daa�4��vi EXHIBIT A Interested Parties Karrie K. Glover Deborah L. Flanagan 259 Kelly Lane P.O. Box 347 Brighton, CO 80603 Frederick, CO 80530 Kacey Angel Kuipers Dustan Flanagan 259 Kelly Lane P. O. Box 347 Brighton, CO 80603 Frederick, CO 80530 Carole L. Kuipers Living Trust dtd 4-5-2005 Richard J. Schara 259 Kelly Lane 10298 Weld County Road 25 Brighton, CO 80603 Fort Lupton, CO 80621 The Beeman Irrigating and Milling Company Sandra K. Schara Attn: Xcel Energy Water Resources 10298 Weld County Road 25 1800 Larimer St., Suite 1300 Fort Lupton, CO 80621 Denver, CO 80202 Robert E. Temmer and Lavenia Temmer Noble Energy, Inc. 10691 WCR 25 1625 Broadway, Suite 2200 Fort Lupton, CO 80621 Denver, CO 80202 Barbara J. Vonfeldt Revocable Trust Thomas M. Bennett and Stephanie Bennett 10933 Weld County Road 22 4409 Coriolis Way Fort Lupton, CO 80621 Frederick, CO 80504-5499 Ronald Shayne O'Hotto CoBank, FCB 10188 WCR 23 f/k/a Federal Land Bank of Wichita Fort Lupton, CO 80621 P.O. Box 2940 Wichita, KS 67201-2940 Michael E. Phelan 10314 Weld County Road 23 Bradley T. Windell and Heidi G. Hynes- Fort Lupton, CO 80621 Windell 11044 Weld County Road 22.5 Fred M. Karlik Fort Lupton, CO 80621 11170 WCR 22.5 Fort Lupton, CO 80621-9639 Gregory H. Light and Max H. Light 10303 Weld County Road 25 Eugene J. Wagner and Shirley A. Wagner Fort Lupton, CO 80621 9990 WCR 23 Fort Lupton, CO 8062 Franklin J. Stermole and H. Darlene Eileen Buckley Stermole 2600 Ridge Drive 2000 Goldenvue Drive Broomfield, CO 80020 Golden, CO 80401-1725 - - - -Shirley L. Elliot Donald Sack 1174 Franklin Ave P.O. Box 1091 Louisville, CO 80027 Brighton, CO 80601-1091 Betty Ann Hurley Amy J. Moore, Trustee of the Amy Trust 760 S McKinley Ave dated June 5, 1998 Fort Lupton, CO 80621 6923 Teller Court Arvada, CO 80003-3431 Carla Jean Morrissey 7098 Torrey Elizabeth Ann Wethington Trust dated Arvada, CO 80007 December 14, 1988 4520 Weld County Road 27 George A. Sack Fort Lupton, CO 80621 14323 WCR 6 Fort Lupton, CO 80621 Anna Schmidt aka Anne Schmitdt aka Ann B. Schmidt Leonard Sack 855 N 7th 605 Voiles St Johnstown, CO 80534 Brighton, CO 80601 Michael Wuertz, PR of the Estate of Katie Leroy Sack Wertz aka Katherine Wuertz 13540 Weld County Road 10 4424 Weld County Road 47 Fort Lupton, CO 80621 Hudson, CO 80642 Robert L Sack Helen T. Heit Revocable Trust 804 S 12th Ave. 814 S 7th Street Brighton, CO 80601 Rocky Ford, CO 81067 Diane Schissler Carol A. Pearson 223 S 16th Ave 3780 Harper Brighton, CO 80601 Houston, TX 77005 Sandra Kay Amen James M. Morgan and Sarah Morgan 3991 WCR 47 2605 Chestnut Valley Drive Hudson, CO 80642 Lancaster, PA 17601-1955 Deborah Ann Tiffany, PR for Philip E. Morgan and Sara Morgan the Estate of Gottlieb Heit 208 Bradstreet Road 703 E Egbert St Centerville, OH 45459-4506 Brighton, CO 80601 Jacquelyn A. Smith Antonia E. Rojas P. O. Box 710 4844 Roosevelt Ave Fort Lupton, CO 80621 Loveland, CO 80538 Deborah Ann Tiffany - - -Felix-Michael-Rojas— 703 E Egbert St 844 Scotch Elm Drive Brighton, CO 80601 Loveland, CO 80538-2803 Pamela A. Trostel Gabriel M. Vargas 11678 Montgomery Circle 2488 Fern Trail Longmont, CO 80504 Sunol, CA 94586-9436 Gary Wuertz Gabriel M. Vargas and Angelina Goodeill 3726 Rue De Buillion Co-Trustees of the Ebelia Vargas Montreal, Quebec CAN H2X 3A3 Revocable Living Trust 1914 109th Ave Michael T. Wuertz Oakland, CA 94603 4424 Weld County Road 47 Hudson, CO 80642 Henry Chavez, Jr. and Frances R. Chavez 11494 WCR 20 Central Colorado Water Conservancy Fort Lupton, CO 80621 District, Ground Water Management Subdistrict Mary Padilla 3209 West 28th Street 1350 Newton St Greeley, CO 80634 Denver, CO 80204 Robert W. Kerr and Mary Ann Kerr Charles Bueno 11104 Weld County Road 20 11488 Weld County Road 20 Fort Lupton, CO 80621 Fort Lupton, CO 80621 Colorado Mineral Resources, LLC The Heirs of Pete Garcia aka Pedro Garcia Attn: Eric G. Politte And the Heirs of Hazel Garcia 6620 Cypresswood Drive, #100 11530 County Road 20 Spring, TX 77379 Fort Lupton, CO 80621 Leonard J. Vargas and Dorothy Vargas The Heirs of Pete Garcia aka Pedro Garcia 650 S 5th Ave. 11530 County Road 20 Brighton, CO 80601 Fort Lupton, CO 80621 Angelina Goodeill Weld County, Colorado 42235 Edgewood St c/o/ Board of County Commissioners Fremont, CA 94538 915 10th Street Greeley, CO 80632 John Trujillo and Gloria Trujillo 8175 City View Drive Solomon Bueno Denver, CO 80229 12974 Lackland Drive Denver, CO 80239 Romie-Trujillo —8175 City View Drive Anthony Chavez Denver, CO 80229 11494 Weld County Road 20 Fort Lupton, CO 80261 Nancy McCracken 46855 Whistle Road The Heirs of A.H. Chavez and the Heirs of Isle, MN 56342 Elena Chavez do Henry Chavez Joe R. Gonzales, Jr. 11494 Weld County Road 20 11491 WCR 20 Fort Lupton, CO 80261 Fort Lupton, CO 80621 Greek Orthodox Church of Denver Ralph Chavez do Hellenic Community Center 11494 CR 20 Marianne Anton, Parish Council President Fort Lupton, CO 80621 4610 E Alameda Ave. Denver, CO 80222 Juanita Vazquez 26 17th Ave. Luis M. Minjares Longmont, CO 80501 11498 CR 20 Fort Lupton, CO 80261 Theresa B. Garcia 11530 WCR 20 La Socida de Naiestero Padre Jesus Fort Lupton, CO 80621 Nasereno 11494 WCR 20 Joe Refugio Gonzales Fort Lupton, CO 80621 11491 WCR 20 Fort Lupton, CO 80621 Kerr-McGee Oil & Gas Onshore LP 1099 18th Street, Suite 1800 Theresa B. Garcia and Raymond Garcia Denver, CO 80202 11530 WCR 20 Fort Lupton, CO 80621 Hana Trust Robert A. Fullop, Trustee Anadarko E&P Onshore LLC 5225 Coralberry Ct. 1099 18th Street, Suite 1800 Fort Collins, CO 80525 Denver, CO 80202 Heirs of Michaeleen F. Carlson Simla Corporation do Cathee Carlson 5611 Blue Sage Drive P. O. Box 741201 Littleton, CO 80123 Arvada, CO 80006-1201 Heirs of J. M. Schwartz 1420 Busseron St Vincennes, IN 47591-4521 Hello