La. Admin. Code tit. 43 § XIX-1907

Current through Register Vol. 50, No. 11, November 20, 2024

Section XIX-1907 - Exceptions

A. Exceptions to the above shall be granted when conforming to the following requirements.

1 Where prior to the issuance of this order, a pool has already been partially developed with a greater density of wells than that prescribed herein, the Commissioner of Conservation may, without additional public hearing, exempt such pools from the provisions of this order. The exemptions for these pools shall be granted only after application has been made to the Commissioner of Conservation in writing accompanied by a map delineating the location of all existing wells completed and producing from the pool for which exception is being asked.

2. Where prior to the issuance of this order a well has previously been completed at a location offsetting the property or unit line closer to the property or unit line than the setback prescribed herein, the commissioner may, without additional public hearing permit like exception for this offsetting well, such exception to be limited to the pool from which the offsetting well is producing.

3. The commissioner may, without additional public hearing exempt from this order wells drilled in areas which he considers to be affected by piercement type salt domes or other complexly faulted areas to which, in the opinion of the commissioner, this order would not be properly applicable. These requests for exceptions shall also be made in writing to the Commissioner of Conservation accompanied by sufficient evidence to justify the exempt classification.

4. Where a permit is requested for a wildcat well to be drilled in an area in which the surface or mineral ownership is so divided that the well cannot be located in compliance with the requirements of this order and a drilling unit cannot be formed in advance of drilling because it is not known whether the well will be completed as an oil well or a gas well, a permit may nevertheless be granted for the drilling of the well when the applicant presents evidence satisfactory to the commissioner that the applicant has available for assignment to said well leases or acreage of area and side to constitute, in the judgment of the commissioner, a reasonable producing unit for such well and such applicant agrees to create or to apply to the commissioner for creation of a reasonable producing unit within a reasonable time after completion of the well.

5. In addition to the exceptions provided for in §1907. A 1-4 hereof, the commissioner may, without additional public hearing, grant an exception to the provisions of this order in any case where the granting of such an exception appears to be necessary to prevent waste, to prevent inequity or loss of property rights. Such an exception shall be considered and granted under this Paragraph only when the applicant shall have furnished the following data and evidence through the district manager.

a. A letter setting forth all pertinent facts and reasons why the granting of the exception is necessary.

b. A formal application for permit to drill-Form MD-10-R.

c. An ownership map as required by the provisions of §1905. A.5 a-c hereof.

d. A written certificate that copies of the letter request provided for in §1907. A.5.a hereof and of the ownership map have been sent to each lease owner of tract offsetting or in the vicinity of the proposed well.

i. If within 10 days after the filing of the application no protest shall have been made in writing by any party and if the commissioner considers that from the evidence submitted the requested permit should be granted, he may issue it forthwith and without a public hearing. If a written protest should be filed within the 10-day period, the commissioner may in his discretion either:

(a). issue or deny the permit based on the available evidence; or

(b). call a public hearing after legal notice.

ii. If the permit application is denied without a public hearing, the applicant then may apply for and obtain a public hearing in the manner provided by law.

La. Admin. Code tit. 43, § XIX-1907

Adopted by the Department of Conservation, August 1, 1957, amended September 1, 1957.

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:4 et seq.