SECTION 165:5-7-7. Pooling

(a)   Each pooling application shall include a statement by the applicant that the applicant exercised due diligence to locate each respondent and that a bona fide effort was made to reach an agreement with each such respondent as to how the unit would be developed. The applicant shall present evidence to this effect at the time of hearing.

(b)   Notice of hearing for a pooling order, together with the application, shall be served by the applicant no less than fifteen (15) days prior to the date of the hearing, by restricted mail, upon each respondent.

(c)   Notice of hearing for a pooling order shall be published pursuant to 165:5-7-1(n)(2).

(d)   An Authorization for Expenditure (AFE) which was prepared or revised within forty-five (45) days of the date of the hearing at which it is offered into evidence shall be submitted at the hearing. An AFE for a horizontal well drilled pursuant to 52 O.S. §§87.1(f), 87.8, or 87.9 shall provide well cost estimates for the total footage of the proposed well. If the well is a multiunit horizontal well drilled pursuant to 52 O.S. §87.8, the costs listed in the AFE should be allocated in the pooling order according to the allocation factor assigned to each of the subject drilling and spacing units in the applicable multiunit horizontal well order.

(e)   If the applicant anticipates that some other owner of the right to drill may be designated as the operator of the unit well, the body of the application and notice shall so state. In the notice, the request that the applicant or some other owner may be designated operator shall be placed in the special relief paragraph.

(f)   No pooling order shall be extended in time except upon the same notice as provided for in the initial application. Such request shall be in the form of a motion filed under the original CD number of the pooling.

(g)   Notice of hearing for a redetermination of well costs shall be as provided in the initial application. Such request shall be in the form of a motion filed under the original CD number of the pooling.

[Source: Amended at 10 Ok Reg 2591, eff 6-25-93; Amended at 35 Ok Reg 67, eff 9-8-17 through 9-14-18 (emergency); Amended at 35 Ok Reg 946, eff 10-1-18]

Note

EDITOR’S NOTE: This emergency action expired before being superseded by a permanent action. Upon expiration of an emergency amendatory action, the last prior permanent text is reinstated. Therefore, on 9-15-18 (after the 9-14-18 expiration of the emergency action), the text of section 165:5-7-7 reverted back to the permanent text that became effective 6-25-93, as was last published in the 2016 Edition of the OAC, and remained as such until amended by permanent action on 10-1-18.