Current through Register Vol. 46, No. 50, December 11, 2024
Section 554.5 - Deviation(a) The maximum point at which a well penetrates a producing formation shall not vary unreasonably from the vertical drawn from the center of the hole at the surface. Minor deviations will be permitted, however, without special permission for short distances, to straighten the hole, to sidetrack junk, or to correct other mechanical difficulties.(b) If for any reason the department feels that a well has been deviated excessively, it shall have the right to require the operator to have a complete angular deviation and directional survey made in the well by an approved well surveying company and certified as to correctness at the operator's sole cost, risk and expense. In the event the survey reveals any unreasonable violations of the applicable well location or spacing regulations, the department may either require the excessively deviated well to be redrilled or to be plugged and abandoned at the option of the operator.(c) Any owner or operator so desiring, also may petition the department for permission to have an angular deviation and directional survey made in any wells on leases or units offsetting the leases or units of the interested owner or operator. If after public hearing on the petition, the department feels the request is justified, and the petitioner has deposited good and sufficient security or bond, the department may issue an order authorizing the survey to be made by an approved well surveying company and certified as to correctness at the sole cost, risk and expense of the petitioner. In the event the survey reveals an unreasonable violation of the applicable well location or spacing requirements, the department then will assess all the costs of the survey to the violator and may either require any excessively deviated well to be redrilled or to be plugged and abandoned at the option of its operator.(d) Controlled directional drilling also shall be permitted upon the approval of the department. Any operator desiring to intentionally deviate a well from the vertical shall first make written application to the department. The application, which shall be in addition to the permit application as provided in section 552.1 of this Title, must contain the following information: (1) names of the county, field or area, pool and lease and well number;(2) description of the surface location and of the target bottomhole location in feet from the two nearest lease boundaries;(3) reason for the proposed intentional deviation;(4) names and addresses of the offsetting operators and a statement that each has been sent a copy of the application by registered mail, and the date of such mailing.(e) The application must be accompanied by a neat, legible plat drawn to scale which shows the well, all offsetting leases and the wells located thereon, the pool in which they are completed, and the names of the offsetting operators.(f) Concurrently with the filing with the department of the application to intentionally deviate the well, the applicant must send a copy of said application and accompanying plat or plats by registered mail to the operators of all leases or units offsetting the lease or unit on which the well is to be drilled.(g) Upon receipt of the application to intentionally deviate the well, the department will hold same for 10 days. If within said 10-day period any offset operator reciting reasonable cause, shall file in writing with the department a protest to such intentional deviation, or if the department is not in accord with the proposed deviation, the application shall be scheduled for public hearing. If no objection from either an offset operator or the department is interposed within the 10-day period, and all other things being in order, the application shall be approved and written permission for the intentional deviation shall be issued by the department. The compulsory 10-day waiting period shall not be required if the application for permission to intentionally deviate the well is accompanied by the written consent of the operators of all leases or units offsetting the lease or unit containing the well proposed for deviation.(h) Within 30 days after the completion of an intentionally deviated well, a complete angular deviation and directional survey of the well obtained by an approved well surveying company and certified as to correctness shall be filed with the department.N.Y. Comp. Codes R. & Regs. Tit. 6 § 554.5