Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XIX - Office of Conservation-General Operations › Subpart 7 - Statewide Order No. 29-E › Chapter 19 - Oil and Gas Well Spacing › Section XIX-1907 - Exceptions

Current through Register Vol. 50, No. 6, June 20, 2024
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.