DRILLING, DEVELOPMENT, PRODUCING AND
ABANDONMENT
301. RECORDS, REPORTS, NOTICES-GENERAL
Any written notice of intention to do work or to change plans previously approved must be filed with the Director, and must reach the Director and receive approval before the work is begun, or such approval may be given orally and, if so given, shall thereafter be confirmed to the Director in writing.
In case of emergency, or any situation where operations might be unduly delayed, any notice or information required by these rules and regulations to be given to the Director may be given orally or by wire, and if approval is obtained the transaction shall be promptly confirmed in writing to the Director, as a matter of record.
Immediate notice shall be given to the Director when public health or safety is in jeopardy. Notice shall also be given to the Director of any other significant downhole problem or mechanical failure in any well within ten (10) days.
The owner shall keep on the leased premises, or at the owner's headquarters in the field, or otherwise conveniently available to the Director, accurate and complete records of the drilling, redrilling, deepening, repairing, plugging or abandoning of all wells, and of all other well operations, and of all alterations to casing. These records shall show all the formations penetrated, the content and quality of oil, gas or water in each formation tested, and the grade, weight and size, and landed depth of casing used in drilling each well on the leased premises, and any other information obtained in the course of well operation. Such records on each well shall be maintained by any subsequent owner.
Whenever a person has been designated as an operator by an owner or owners of the lease or well, such an operator may submit the reports as herein required by the Commission.
302. COGCC Form 1. REGISTRATION FOR OIL AND GAS OPERATIONS
a. Prior to the commencement of its operations, all producers, operators, transporters, refiners, gasoline or other extraction plant operators, and initial purchasers who are conducting operations subject to this Act in the State of Colorado, shall, for purposes of the Act, file a Registration For Oil and Gas Operations, Form 1, with the Director in the manner and form approved by the Commission. Any producer, operator, transporter, refiner, gasoline or other extraction plant operator, and initial purchaser conducting operations subject to the Act who has not previously filed a Registration For Oil and Gas Operations, Form 1 shall do so. Any person providing financial assurance for oil and gas operators in Colorado shall file a Form 1 with the Director. All changes of address of the parties required to file a Form 1 shall be immediately reported by submitting a new Form 1.
b. Any party may act on or for the behalf of the owner/operator provided the owner/operator has filed a Designation of Agent, Form 1A. This agent shall remain in effect until it is terminated in writing by the owner/operator. All changes of address of the agent shall be immediately reported by submitting a new Form 1A.
303. REQUIREMENTS FOR APPLICATION FOR PERMIT-TO-DRILL, DEEPEN, RE-ENTER, OR RECOMPLETE, AND OPERATE.
a. FORM 2. APPLICATION FOR PERMIT-TO-DRILL, DEEPEN, RE-ENTER, OR RECOMPLETE, AND OPERATE.
Approval by Director. Before any person shall commence operations for the drilling or re-entry of any well, such person shall file with the Director an application on Form 2 for a Permit-to-Drill, pay a filing and service fee established by the Commission (see Appendix III), and obtain the Director's approval before commencement of operations with heavy equipment.
Final agency action. The Director’s approval of a Permit-to-Drill shall be considered final agency action for purpose of judicial review.
Operational conflicts. The Permit-to-Drill shall be binding with respect to any operationally conflicting local governmental permit or land use approval process.
Exemptions. Wells drilled for stratigraphic information only shall be exempt from paying the filing and service fee. The re-entry of a well in a unitized, storage, or secondary recovery operation shall be exempt from the filing of Form 2 and from paying the filing and service fee. The notice of such intent to re-enter a well shall be filed on a Sundry Notice, Form 4.
b. A request to recomplete or deepen a well to a different reservoir shall be filed on an Application for Permit-to-Drill, Form 2, with a filing and service fee established by the Commission (see Appendix III), along with a Sundry Notice, Form 4, detailing the work, and a wellbore diagram.
c. Attached to and part of the Permit-to-Drill, Form 2, as filed shall be a current 8 1/2" by 11" scaled drawing of the entire section(s) containing the proposed well location with the following minimum information:
(1) Dimensions on adjacent exterior section lines sufficient to completely describe the quarter section containing the proposed well shall be indicated. If dimensions are not field measured, state how the dimensions were determined.
(2) For directional drilling into an adjacent section, that section shall also be shown on the location plat and dimensions on exterior section lines sufficient to completely describe the quarter section containing the proposed productive interval and bottom hole location shall be indicated. (Additional requirements related to directional drilling are found in Rule 321.)
(3) For irregular, partial or truncated sections, dimensions will be furnished to completely describe the entire section containing the proposed well.
(4) The field-measured distances from the nearer north/south and nearer east/west section lines shall be measured at ninety (90) degrees from said section lines to the well location and referenced on the plat. For unsurveyed land grants and other areas where an official public land survey system does not exist, the well locations shall be spotted as footages on a protracted section plat using Global Positioning System (GPS) technology and also reported as latitude and longitude in accordance with the requirements set forth below:
A. All GPS data reported to the Commission shall be differentially corrected using base station data or other correction sources. The base station or other correction source shall be identified and reported with the coordinate values.
B. Coordinates shall be reported as latitude and longitude in decimal degrees to an accuracy of at least five (5) decimal places (e.g.; latitude 37.12345 N, longitude 104.45632 W).
C. All data shall be referenced to the North American Datum (NAD) of 1927.
D. The date of the survey shall be reported.
(5) A map legend.
(6) A north arrow.
(7) A scale expressed as an equivalent (e.g. - 1" = 1000').
(8) A bar scale.
(9) The ground elevation.
(10) The basis of the elevation (how it was calculated or its source).
(11) The basis of bearing or interior angles used.
(12) Complete description of monuments and/or collateral evidence found; all aliquot corners used shall be described.
(13) The legal land description by section, township, range, principal meridian, baseline and county.
(14) Operator name.
(15) Well name and well number.
(16) Date of completion of scaled drawing.
(17) All visible improvements within two hundred (200) feet of a wellhead (or, in a high density area within four hundred (400) feet of a wellhead) shall be physically tied in and plotted on the well location plat or on an addendum, with a horizontal distance and approximate bearing from the well location. Visible improvements shall include, but not be limited to, all buildings, publicly maintained roads and trails, major above-ground utility lines, railroads, pipelines, mines, oil wells, gas wells, injection wells, water wells, visible plugged wells, sewers with manholes, standing bodies of water, and natural channels including permanent canals and ditches through which water flows. If there are no visible improvements within two hundred (200) feet of a wellhead (or in a high density area within four hundred (400) feet of a wellhead), it shall be so noted on the Permit-to-Drill, Form 2.
(18) Surface use shall be described within the two hundred (200) foot radius of a wellhead (or in a high density area within the four hundred (400) foot radius of a wellhead).
(19) In addition to the scaled drawing, the applicant shall attach to the Permit-to-Drill, Form 2, an 8½" by 11" vicinity or U.S.G.S. topographic map of at least a three (3) mile radius around the proposed well which clearly shows access from one (1) or more public roads, a map showing surface and mineral lease ownership within two hundred (200) feet of a wellhead (or in a high density area within four hundred (400) feet of a wellhead). Where the applicant is not the lessee, mineral ownership shall be described for the entire drilling and spacing unit.
Form 2/2A application and copies to local governmental designees.
(1) Drill Site/Access Road Reclamation Form, Form 2A. In addition to the above, an applicant filing a Permit-to-Drill, Form 2, shall also attach a completed Form 2A, except that the Form 2A shall not be required on federal or Indian owned surface lands when a Federal 13 Point Surface Use Plan is included. The Form 2A requires the attachment of a minimum of two (2) color photographs; one (1) of the staked location and one (1) of the existing or proposed access road. Each photograph shall be identified by: date taken, well name, location and direction of view. Permit-to-Drill, Form 2, shall be filed with the Director in duplicate for wells on all private, state and federal surface lands.
(2) Form 2/2A to local governmental designee. A single, informational copy of the Permit-to-Drill, Form 2 and Form 2A and all attachments shall be delivered by the applicant to the local governmental designee(s) of the county or municipal corporation within whose jurisdiction the activity is occurring or is proposed to occur at or before the time of filing with the Director. It shall be the responsibility of the Director to promptly provide the local governmental designee(s) with formal notification of the filing of the Permit-to-Drill, Form 2, by posting the Permit-to-Drill, Form 2, and the posting date on the COGCC website.
(3) Comment period for local governmental designee. Any comments from the local governmental designee concerning the Permit-to-Drill, Form 2, and Form 2A as filed shall be provided to the Director and to the applicant in writing within ten (10) days after the date on which the Permit-to-Drill, Form 2 was posted on the COGCC website by the Director. The Director shall take no action with respect to the Permit-to-Drill, Form 2, prior to the expiration of the ten (10) day comment period, except under the circumstances provided for in Rule 303.j.(1) and (2), or when the Director has received notice from the local governmental designee(s) waiving the ten (10) day comment period. Upon written request by the local governmental designee to the Director received prior to the expiration of the ten (10) day comment period, the local governmental designee shall be granted an extension of up to twenty (20) additional days to consider the application.
(4) Application for hearing by Local Governmental Designee. If, prior to the expiration of the comment period provided herein, including any extension, and after participation in an onsite consultation under Rule 306.a.(3), the local governmental designee files an application for hearing on the Permit-to-Drill, Form 2, under Rule 503.b.(6), alleging significant impacts on public health, safety and welfare, including
the environment, the Director shall withhold approval of such permit except that the provisions of Rule 303.k. shall apply.
e. Well sites and access roads in wetlands. In the event that an operator acquires an Army Corps of Engineers permit pursuant to 33 U.S.C.A. §1342 and 1344 of the Water Pollution and Control Act (Section 404 of the federal Clean Water Act) for construction of a wellsite, access road, or production facility, the operator shall so indicate on the Form 2A.
f. Revisions to Form 2/2A. Prior to approval of the Form 2/2A, minor revisions or requested information may be provided by contacting the COGCC staff. After approval, any substantive changes shall be submitted for approval on a Form 2/2A. A Sundry Notice, Form 4, shall be submitted when non-substantive revisions are made after approval, and no additional fee shall be imposed.
g. Incomplete applications. Applications for Permit-to-Drill which are submitted without the necessary attachments, the proper signature or the required information shall be considered incomplete and shall not be approved. The COGCC staff shall notify the applicant in not more than thirty (30) days of permit application receipt of such inadequacies. The applicant shall then have thirty (30) days from the date which they were contacted to correct and/or provide requested information for that well, otherwise the permit application shall be considered withdrawn and the fee shall not be refunded.
h. Permit expiration. If operations are not commenced on the permitted well within one (1) year after date of approval, the permit shall become null and void. The Director shall not approve extensions to applications for Permit-to-Drill, Form 2.
i. Permits in areas pending Commission hearing. The Director may withhold the issuance of a permit and the granting of approval of any Permit-to-Drill, Form 2, for any well or proposed well that is located in an area for which an application has been filed, or which the Commission has sought, by its own motion, to establish drilling units or to designate any tract of land as a high density area, in which case the hearing thereon shall be held at the next meeting of the Commission at which time the matter can be legally heard.
j. Special circumstances for permit issuance without notice or consultation. The Director may issue a permit at any time in the event that an operator files a sworn statement and demonstrates therein to the Director's satisfaction that:
(1) The operator had the right or obligation under the terms of an existing contract to drill a well; and the owner or operator has a leasehold estate or a right to acquire a leasehold estate under said contract which will be terminated unless the operator is permitted to immediately commence the drilling of said well; or
(2) Due to exigent circumstances (including a recent change in geological interpretation), significant economic hardship to a drilling contractor will result or significant economic hardship to an operator in the form of drilling standby charges will result.
In the event the Director issues a permit under this rule, the operator shall not be required to meet obligations to surface owners and local governmental designees under Rules 303.d., 305.b.(1) & (3), and 306.a. The Director shall report permits granted in such manner to the Commission at regularly scheduled monthly hearings.
k. Withholding approval of application for Permit-to-Drill, Form 2.
(1) The Director may withhold approval of any Application for Permit-to-Drill, Form 2, for any proposed well when, based on information supplied in a written complaint submitted by any party with standing under Rule 522.a.(1), other than a local governmental designee, or by staff analysis, the Director has reasonable cause to believe the proposed well is in material violation of the Commission’s rules, regulations, orders or statutes, or otherwise presents an imminent threat to public health, safety and welfare, including the environment. Any such withholding of approval shall be limited to the minimum period of time necessary to investigate and dismiss the complaint, or to resolve the alleged violation. If the complaint is dismissed or the matter resolved to the dissatisfaction of the complainant, such person may consult with the local governmental designee pursuant to Rule 303.d.(4).
(2) The Director shall withhold approval of any Application for Permit-to-Drill, Form 2, for any proposed well, when a request for a hearing is made by a local governmental designee in accordance with Rules 303.d.(4) and 503.b.(6), unless the local government has been disqualified from making such request under Rule 501.b.
(3) In the event the Director withholds approval of any Application for Permit-To-Drill, Form 2, under this Rule 303.k., an operator may ask the Commission to issue an emergency order rescinding the Director’s decision.
(4) Any hearing granted pursuant to this Rule 303.k. shall be expedited and the matter shall be heard at the next scheduled Commission hearing, and all parties shall be deemed to have waived any notice requirements to the contrary. The Director shall use best efforts to notify the parties of any such hearing.
l. Suspending approved Permit-To-Drill, Form 2. Prior to the spudding of the well, the Director shall suspend an approved Permit-to-Drill, Form 2, if the Director has reasonable cause to believe that information submitted on the Permit-to-Drill, Form 2 was materially incorrect. Under the circumstances described in Rule 303.j.(1) or (2), an operator may ask the Commission to issue an emergency order rescinding the Director’s decision.
m. Reclassification of stratigraphic well. If a test for productivity is made in a stratigraphic well, the well must be reclassified as a well drilled for oil or gas and is subject to all of the rules and regulations for a well drilled for oil or gas, including filing of reports and mechanical logs.
n. 9; Provisions for avoiding mine sites. Any person holding, or who has applied for, a permit issued or to be issued under §34-33-101 to 137, C.R.S., may at their election, notify the Director of such permit or application. Such notice shall include the name, mailing address and facsimile number of such person and designate by legal description the life-of-mine area permitted, or applied for, with the Division of Minerals and Geology. As soon as practicable after receiving such notice and designation, the Director shall inform the party designated therein each time that a Permit-to-Drill, Form 2, is filed with the Director which pertains to a well or wells located or to be located within said life-of-mine area as designated. The provisions of Rule 303.j. (1) and (2) will not be applicable to this rule.
304. FINANCIAL ASSURANCE REQUIREMENTS
Prior to drilling or assuming the operations for a well an operator shall provide financial assurance in accordance with the 700 Series rules. When an operator's existing wells are not in compliance with the 700 Series, the Director may withhold action on an Application for Permit-to-Drill, Form 2, until such time as a hearing on the permit application is held by the Commission. Such hearing shall be held at the next regularly scheduled Commission hearing at which time the matter can be legally heard.
305. NOTICES OF OIL AND GAS OPERATIONS
a. The provisions of this Rule 305. shall not be applicable on federal or Indian owned surface lands.
b. Notices.
(1) Notice of drilling. Before an operator shall commence operations for the drilling of any well, such operator shall evidence its intention to conduct such operations by giving the surface owner and local governmental designee written notice thereof as provided in subparagraph c. below. Such notice of drilling shall be mailed or hand delivered to the surface owner not less than thirty (30) days prior to the date of estimated commencement of operations with heavy equipment as set forth in the notice and shall be mailed to the local governmental designee not less than thirty (30) days prior to the date of estimated commencement of operations with heavy equipment as set forth in the notice. Operators shall retain a record of such notice of drilling for a minimum of one (1) year. Such written notice also shall be posted on or near the proposed drillsite at least thirty (30) days prior to commencement of operations with heavy equipment. If notice for the commencement of operations is waived by the surface owner under this rule, the local governmental designee notice under this Rule 305.b. shall be received no later than the business day preceding commencement of operations with heavy equipment. The operator shall confirm that the surface owner notice requirements of this Rule 305.b. have been completed or waived before the Director approves an Application for Permit-to-Drill, Form 2.
(2) Notice of subsequent well operations. Before an operator shall commence subsequent well operations, such operator shall evidence its intention to conduct such operations by giving the surface owner written notice thereof in accordance with paragraph c. below. Subsequent well operations shall mean those operations that will materially impact surface areas beyond the existing access road or well site for any well, including operations such as fracturing or recompletion of the well but shall not include routine service and maintenance operations including but not limited to the changing of pumps. The notice of subsequent operations shall be mailed or hand delivered not less than seven (7) days prior to the date of estimated commencement of operations with heavy equipment as set forth in the notice.
(3) Notice during irrigation season. If a well is to be drilled on irrigated crop lands between March 1 and October 31, the operator, in addition to meeting the consultation requirements of Rule 306., shall contact the surface owner, or at the request of the surface owner, the tenant at least fourteen (14) days prior to the commencement of surface activities by the operator and arrange to coordinate drilling operations to avoid unreasonable interference with irrigation plans and activities.
(4) Final reclamation notice. The following notice requirements shall apply only to final reclamation operations commenced more than thirty (30) days after the completion of a well.
A. Not less than thirty (30) days before any final reclamation operations are to take place pursuant to Rule 1004., the operator shall notify the surface owner in accordance with paragraph c. below. Final reclamation operations shall mean those reclamation operations to be undertaken when a well is to be plugged and abandoned or when production facilities are to be permanently removed.
c. Notice requirements. As to notices to be given pursuant to this Rule 305., included with each such notice shall be the following:
(1) The estimated date that the operations for which notice is being given are to commence.
(2) The name of the operator and the name, address and phone number of the individual representing the operator who can be contacted concerning the proposed operations.
(3) The legal description (or plat) indicating the quarter quarter section upon which the operations will be conducted.
(4) A statement that the surface owner has responsibility for notifying any affected tenant of the proposed operations.
(5) With respect to the notices of drilling, the notice mailed or hand delivered to the surface owner shall also include a return addressed, postage prepaid postcard upon which surface owners may request their preference with respect to the consultation requirement under Rule 306., including the preference to appoint a tenant for consultation. If the surface owner appoints a tenant for consultation, that person's name, address, and telephone number must be provided to the operator by the surface owner on the postcard.
(6) A copy of the Commission’s informational brochure for surface owners, containing the rules pertaining to notice of oil and gas operations and opportunities for consultation thereon, as well as the rules of procedure for filing complaints and making applications for hearing. The brochure shall provide contact information for the Commission’s main office, field offices and website, and shall describe the services and information available to the public, including access to a listing of local governmental designees. The brochure shall contain a prominent disclaimer advising surface owners to obtain legal advice as may be appropriate to their particular circumstances.
d. Identifying surface owner. In determining the identity and address of a surface owner for the purpose of giving all notices under this Rule 305., the records of the assessor for the county in which the lands are situated may be relied upon.
e. Tenants. With respect to notices given under this Rule 305., it shall be the responsibility of the notified surface owner to give notice of the proposed operation to the tenant farmer, lessee or other party that may
own or have an interest in any crops or surface improvements that could be affected by such proposed operation.
f. Waiver. Any and all of the surface owner notice requirements set forth in this Rule 305. may be waived by the affected surface owner at any time. Any and all local governmental designee notice requirements set forth in this Rule 305. may be waived by the affected local governmental designee(s) at any time.
306. CONSULTATION.
In locating roads, production facilities and well sites, and in preparation for reclamation and final abandonment, the operator shall use its best efforts to consult in good faith with the affected surface owner, or the surface owner's appointed tenant as provided for in Rule 305. Consultation with local governmental designees is addressed in Rule 306.a. (3) below. The following shall apply to each such consultation:
a. Drilling consultation. The good faith effort to consult shall occur at a time mutually agreed to by the parties prior to the commencement of operations with heavy equipment upon the lands of the surface owner. The operator shall confirm that the surface owner consultation requirements of this Rule 306. have been completed or waived before the Director approves an Application for Permit-to-Drill, Form 2.
(1) Information provided by operator. When consulting with the surface owner or appointed tenant, the operator shall furnish a description or diagram of the proposed drilling location; dimensions of the well site; and, if known, the location of associated production or injection facilities, pipelines, roads and any other areas to be used for oil and gas operations (if not previously furnished to such surface owner or if different from what was previously furnished).
(2) Good faith consultation. Such good faith consultation shall allow the surface owner or appointed tenant the opportunity to provide comments to the operator regarding preferences for the timing of oil and gas operations and preferred locations for wells and associated facilities.
(3) Local government consultation. Local governments which have appointed a local governmental designee and have indicated to the Director a desire for onsite consultation shall be given an opportunity to engage in such consultation concerning the location of roads, production facilities and well sites prior to the commencing of operations with heavy equipment.
b. Final reclamation consultation. In preparing for final reclamation and plugging and abandonment, the operator shall use its best efforts to consult in good faith with the affected surface owner (or the tenant when the surface owner has requested that such consultation be made with the tenant). Such good faith consultation shall allow the surface owner (or appointed tenant) the opportunity to provide comments concerning preference for timing of such operations and all aspects of final reclamation.
c. Tenants. Operators shall have no obligation to consult with tenant farmers, lessees, or any other party ("tenant") that may own or have an interest in any crops or surface improvements that could be affected by the proposed operation unless the surface owner appoints such tenant for such purposes. Nothing shall prevent the surface owner from including the tenant during the consultation.
d. Waiver. The requirement to consult with the surface owner under this Rule 306. may be waived by the affected surface owner or the surface owner's appointed tenant at any time.
307. COGCC Form 4. SUNDRY NOTICES AND REPORTS ON WELLS
The Sundry Notice, Form 4, is a multipurpose form which shall be used by an operator to request approval from or provide notice to the Director as required by rule or when no other specific form exists, i.e., well name or number change. The rules requiring the use of the Sundry Notice, Form 4, are listed in Appendix I.
308A. COGCC Form 5. DRILLING COMPLETION REPORT
Within thirty (30) days of the setting of production casing, the plugging of a dry hole, the deepening or sidetracking of a well, or any time the wellbore configuration is changed, the operator shall transmit to the Director the Drilling Completion Report, Form 5, and two (2) copies of all logs run, be they mechanical, mud, or other, submitted as one (1) paper copy and, as available, one (1) digital LAS (log ASCII) formatted copy, or a format approved by the Director. Additionally, if drill stem tests, core analyses, or directional surveys are run, they shall be submitted at the same time and together with this completion report. All Sections 1 - 22 (if applicable) and the attachment checklist shall be completely filled out.
Within thirty (30) days of the suspension of commenced drilling activities prior to reaching total depth, the operator shall file a Drilling Completion Report, Form 5, notifying the Director of the date of such suspension of drilling activity stating the reason for suspension and the anticipated date and method of resumption of drilling, showing the details of all work performed to date. In cases of an uncompleted well, the initial Drilling Completion Report, Form 5, shall state "preliminary" at the top of the form. A supplementary Form 5 shall be submitted within thirty (30) days of reaching total depth.
308B. COGCC Form 5A. COMPLETED INTERVAL REPORT
The Completed Interval Report, Form 5A, shall be submitted within thirty (30) days of completing a formation (successful or not), when a formation is temporarily abandoned or permanently abandoned, for a recompletion, reperforation or restimulation, or when a formation is commingled.
In order to resolve completed interval information uncertainties, the Director may require an operator to submit a Completed Interval Report, Form 5A.
308C. CONFIDENTIALITY
Upon submittal of a Sundry Notice, Form 4, request by the operator, completion reports, including Drilling Completion Reports, Form 5 and Completed Interval Reports, Form 5A, and mechanical logs of exploratory or wildcat wells shall be marked "confidential" by the Director and kept confidential for six (6) months after the date of completion, unless the operator gives written permission to release such logs at an earlier date.
309. COGCC Form 7. OPERATOR'S MONTHLY PRODUCTION REPORT
Each producer or operator of an oil or gas well shall file with the Commission, within forty-five (45) days after the month in which production occurs, a report on Operator's Monthly Production Report, Form 7, containing all information required by said form. In addition, all fluids produced during the initial testing and completion shall be reported on Operator's Monthly Production Report, Form 7 within forty-five (45) days after the month in which testing and completion occurs.
310A. COGCC Form 8. MILL LEVY
On or before March 1, June 1, September 1 and December 1 of each year, every producer or purchaser, whichever disburses funds directly to each and every person owning a working interest, a royalty interest, an overriding royalty interest, a production payment and other similar interests from the sale of oil or natural gas subject to the charge imposed by §34-60-122 (1) (a) C.R.S., 1973, as amended, shall file a return with the Director showing by operator, the volume of oil, gas or condensate produced or purchased during the preceding calendar quarter, including the total consideration due or received at the point of delivery. No filing shall be required when the charge imposed is zero mill ($0.0000) per dollar value.
The Levy shall be an amount fixed by order of the Commission. The levy amount may, from time to time, be reduced or increased to meet the expenses chargeable against the oil and gas conservation fund. The present charge imposed, as of July 1, 2004, is five tenths of a mill ($0.0005) per dollar value.
310B. COGCC Form 8A. ENVIRONMENTAL RESPONSE FUND LEVY
On or before March 1, June 1, September 1 and December 1 of each year, every producer or purchaser, whichever disburses funds directly to each and every person owning a working interest, a royalty interest, an overriding royalty interest, a production payment and other similar interests from the sale of oil or natural gas subject to the charge imposed by §34-60-122 (1) (b) C.R.S., 1973, as amended, shall file a Form 8A, Environmental Response Fund report with the Director showing the total volume of oil, gas or condensate produced or purchased during the preceding calendar quarter, including the total consideration due or received at the point of delivery from all leases listed on the corresponding mill levy, Form 8. No filing shall be required when the surcharge imposed is zero.
The Environmental Response Fund surcharge shall be an amount fixed by order of the Commission. The surcharge amount may, from time to time, be reduced or increased to meet the expenses chargeable against the oil and gas Environmental Response Fund. As of October 1, 1996, the surcharge shall be zero mill ($0.0000) on the dollar.
311. COGCC Form 6. WELL ABANDONMENT REPORT
Notice shall be given to the Director, and approval obtained in advance of the time the operator expects to abandon a well on Form 6. When filing an intent to abandon, the form shall be completed and attachments included to fully describe the proposed operations. This includes the proposed depths of mechanical plugs and
casing cuts, the proposed depths and volumes of all cement plugs, the amount, size and depth of casing and junk to be left in the well, the volume and weight of fluid to be left in the wellbore and the nature and quantities of any other materials to be used in the plugging. If the well is not plugged within six (6) months of intent approval a new intent shall be filed.
Within thirty (30) days after abandonment, the Well Abandonment Report, Form 6, shall be filed with the Director. The abandonment details shall include an account of the manner in which the abandonment or plugging work was performed. Additionally, plugging verification reports detailing all procedures are required. A Plugging Verification Report shall be submitted for each person or contractor actually setting the plugs. The Well Abandonment Report, Form 6, and the Plugging Verification Reports shall detail the depths of mechanical plugs and casing cuts, the depths and volumes of all cement plugs, the amount, size and depth of casing and junk left in the well, the volume and weight of fluid left in the wellbore and the nature and quantities of any other materials used in the plugging. Plugging Verification Reports shall conform with the operator's report and both shall show that plugging procedures are at least as extensive as those approved by the Director. When filing a subsequent report of abandonment, the entire form shall be completed except for the second block, background information. (See Rule 319 for well abandonment requirements and procedures.)
312. COGCC Form 10. CERTIFICATE OF CLEARANCE AND/OR CHANGE OF OPERATOR
a. #9; Each operator of any oil or gas well completed after April 30, 1956, shall file with the Director, within thirty (30) days after initial sale of oil or gas a Certificate of Clearance and/or Change of Operator, Form 10, in accordance with the instructions appearing on such form, for each well producing oil or gas or both oil and gas. A Certificate of Clearance shall be filed for any well from which oil, gas or other hydrocarbon is being produced.
A Certificate of Clearance shall be filed within thirty (30) days should the oil transporter (first purchaser) and/or the gas gatherer (first purchaser) change. In addition, within fifteen (15) days of an operator change for any well, a Change of Operator, Form 10, shall be filed with a filing and service fee as set by the Commission. (See Appendix III)
b. Each operator of a Class II injection well shall file a new Certificate of Clearance and/or Change of Operator, Form 10 with the Director within fifteen (15) days of the transfer of ownership.
c. Whenever there shall occur a change in the producer or operator filing the certificate under Rule 312.a. hereof, or whenever there shall occur a change of transporter from any well within the state, a new Certificate of Clearance and/or Change of Operator, Form 10 shall be executed and filed within fifteen (15) days in accordance with the instructions appearing on such form. In the case of temporary use of oil for well treating or stimulating purposes, no new form need be executed. In the case of other temporary change in transporter involving the production of less than one (1) month, the producer or operator may, in lieu of filing a new certificate, notify the Commission and the transporter authorized by the certificate on file with the Commission by letter of the estimated amount to be moved by the temporary transporter and the name of such temporary transporter. A copy of such notice shall also be furnished such temporary transporter.
d. In no instance shall the temporary transporter move any quantity greater than the estimated amount shown in said notice.
e. The certificate, when properly executed and approved by the Commission, shall constitute authorization to the pipeline or other transporter to transport the authorized volume from the well named therein; provided that this section shall not prevent the production or transportation in order to prevent waste, pending execution and approval of said certificate. Permission for the transportation of such production shall be granted in writing to the producer and transporter.
f. The certificate shall remain in force and effect until:
(1) The producer or operator filing the certificate is changed; or
(2) The transporter is changed; or
(3) The certificate is canceled by the Commission.
g. It is the operator's responsibility to mail approved copies of the Certificate of Clearance and/or Change of Operator, Form 10, to the transporter and/or gatherer for each well listed.
313. COGCC Form 11. MONTHLY REPORT OF GASOLINE OR OTHER EXTRACTION PLANTS
All operators of gasoline or other extraction plants shall make monthly reports to the Director on Form 11. Such forms shall contain all information required thereon and shall be filed with the Director on or before the twenty-fifth (25th) day of each month covering the preceding month.
314. COGCC Form 17. BRADENHEAD TEST REPORT
Results of bradenhead tests, as required by Rule 207.b., shall be submitted to the Director within ten (10) days of completion. A wellbore diagram shall be submitted if not previously submitted or if the wellbore configuration has changed. If sampled, then the results of any gas and liquid analysis shall be submitted.
315. REPORT OF RESERVOIR PRESSURE TEST
Where the Director believes it is necessary to prevent waste, protect correlative rights, or prevent a significant adverse impact, the Director may require subsurface pressure measurements. Whenever such measurements are made, results shall be reported on Sundry Notice, Form 4, within twenty (20) days after completion of tests, or submitted on any company form approved by the Director containing the same information.
316A. COGCC Form 14. MONTHLY REPORT OF FLUIDS INJECTED
Except for fluids involved with fracturing, acidizing or other similar treatment elsewhere required to be reported on a Completed Interval Report, Form 5A, all operators engaged in the injection of fluids into any formation in dedicated injection wells shall file monthly with the Commission a detailed account of such operation on Form 14, or any company form containing the same information previously approved by the Director. Types of chemicals used to treat injection water, as well as the date of initial fluid injection for new injection wells, are to be reported on said form under Remarks. The type and amount of fluids received from transporters shall be included on the report. Operators of simultaneous injection wells shall, by March 1 of each year, report to the Director the calculated injected volume for the previous year by month on Form 14. Operators of gas storage projects shall, by March 1 of each year, report to the Director the amount of gas injected and withdrawn for the previous year and the amount of gas remaining in the reservoir as of December 31 of that year.
316B. COGCC Form 21. MECHANICAL INTEGRITY TEST
Results of mechanical integrity tests of injection wells or shut-in wells shall be submitted on Form 21, within thirty (30) days after the test. A pressure chart shall accompany this report. Not less than ten (10) days prior to the performance of any mechanical integrity test, the Director shall be notified, in writing, of the scheduled date on which the test will be performed. The form shall be completely filled out except for Part II, which is required only if the well is a permitted or pending injection well.
317. GENERAL DRILLING RULES
Unless altered, modified, or changed for a particular field or formation upon hearing before the Commission the following shall apply to the drilling or deepening of all wells.
a. Blowout preventer equipment ("BOPE"). The operator shall take all necessary precautions for keeping a well under control while being drilled or deepened. BOPE, if any, shall be indicated on the Application for Permit-to- Drill, Form 2, as well as any known subsurface conditions (e.g. under or over-pressured formations). The working pressure of any BOPE shall exceed the anticipated surface pressure to which it may be subjected, assuming a partially evacuated hole with a pressure gradient of 0.22 psi/ft. (For BOPE requirements in high density areas see Rule 603.b(4)B. For statewide BOPE specification, inspection, operation and testing requirements see Rule 603.f.)
(1) The Director shall have the authority to designate specific areas, fields or formations as requiring certain BOPE. Any such proposed designation shall occur by notice describing the area, field or formation in question and shall be given to all operators of record within such area or field and by publication. The proposed designation, if no protest is timely filed, shall be placed on the Commission consent agenda for its next regularly scheduled meeting following the month in which such notice was given. The matter shall be approved or heard by the Commission in accordance with Rule 520. Such designation shall be effective immediately upon approval by the Commission, except as to any previously approved Permit-to-Drill, Form 2.
(2) The Director shall have the authority, outside areas designated pursuant to Rule 317.a.(1), to condition approval of any Application for Permit-to-Drill by requiring BOPE which the Director determines to be necessary for keeping the well under control. Should the operator object to such condition of approval, the matter shall be heard at the next regularly scheduled meeting of the Commission, subject to the notice requirements of Rule 507.
b. Bottom hole location. Unless authorized by the provisions of Rule 321., all wells shall be so drilled that the horizontal distance between the bottom of the hole and the location at the top of the hole shall be at all times a practical minimum.
c. Requirement to post permit at the rig and provide spud notice. A copy of the approved Application for Permit-to-Drill, Deepen, Re-enter, or Recomplete and Operate, Form 2, shall be posted in a conspicuous place on the drilling rig or workover rig. A notice shall be provided to the Director on a Sundry Notice, Form 4, no later than five (5) days following the spudding of a well. The Director may apply a condition of approval for Application for Permit-to-Drill, Deepen, Re-enter, or Recomplete and Operate, Form 2 requiring not less than twenty-four (24) hours nor more than seventy-two (72) hours verbal or written notice prior to spud.
d. Casing program to protect hydrocarbon horizons and ground water. The casing program adopted for each well must be so planned and maintained as to protect any potential oil or gas bearing horizons penetrated during drilling from infiltration of injurious waters from other sources, and to prevent the migration of oil, gas or water from one (1) horizon to another, that may result in the degradation of ground water. A Sundry Notice, Form 4, including a detailed work plan and a wellbore diagram, shall be submitted and approved by the Director prior to any routine or planned casing repair operations. During well operations, prior verbal approval for unforseen casing repairs followed by the filing of a Sundry Notice, Form 4, after completion of operations shall be acceptable.
e. Surface casing where subsurface conditions are unknown. In areas where pressure and formations are unknown, sufficient surface casing shall be run to reach a depth below all known or reasonably estimated utilizable domestic fresh water levels and to prevent blowouts or uncontrolled flows and shall be of sufficient size to permit the use of an intermediate string or strings of casings. Surface casing shall be set in or through an impervious formation and shall be cemented by pump and plug or displacement or other approved method with sufficient cement to fill the annulus to the top of the hole, all in accordance with reasonable requirements of the Director. In the D-J Basin Fox Hills Protection Area surface casing will be set in accordance with Rule 317A. (See also subparagraph g.).
f. Surface casing where subsurface conditions are known. In wells drilled in areas where subsurface conditions have been established by drilling experience, surface casing size, at the owner's option, shall be set and cemented to the surface by the pump and plug or displacement or other approved method at a depth and in a manner sufficient to protect all fresh water and to ensure against blowouts or uncontrolled flows. In the D-J Basin Fox Hills Protection Area surface casing will be set in accordance with Rule 317A. (See also subparagraph g.).
g. Alternate aquifer protection by stage cementing. In areas where fresh water aquifers are of such depth as to make it impractical or uneconomical to set the full amount of surface casing necessary to comply fully with the requirement to cover or isolate all fresh water aquifers as required in subparagraph e. and f., the owner may, at its option, comply with this requirement by stage cementing the intermediate and/or production string so as to accomplish the required result. If unanticipated fresh water aquifers are encountered after setting the surface pipe they shall be protected or isolated by stage cementing the intermediate and/or production string with a solid cement plug extending from fifty (50) feet below each fresh water aquifer to fifty (50) feet above said fresh water aquifer or by other methods approved by the Director in each case. In the D-J Basin Fox Hills Protection Area any stage cementing shall occur only in accordance with Rule 317A. If the stage cement is not circulated to surface, a temperature log or cement bond log shall be run to determine the top of the stage cement to ensure aquifers are protected.
h. Surface and intermediate casing cementing. The operator shall ensure that all surface and intermediate casing cement required under this rule shall be of adequate quality to achieve a minimum compressive strength of three hundred (300) psi after twenty-four (24) hours and eight hundred (800) psi after seventy-two (72) hours measured at ninety-five degrees fahrenheit (95°F) and at eight hundred (800) psi. All surface casing shall be cemented with a continuous column from the bottom of the casing to the surface. After thorough circulation of the wellbore, cement shall be pumped behind the intermediate casing to at least two hundred (200) feet above the top of the shallowest known production horizon and as required in 317.g. Cement placed behind the surface and intermediate casing shall be allowed to set a minimum of eight (8) hours, or until three hundred (300) psi calculated compressive strength is developed, whichever occurs first, prior to commencing drilling operations. If the surface casing cement level falls below the surface, to the extent safety or aquifer protection is compromised, remedial cementing operations shall be performed.
i. Production casing cementing. The operator shall ensure that all cement required under this rule placed behind production casing shall be of adequate quality to achieve a minimum compressive strength of at least three hundred (300) psi after twenty-four (24) hours and eight hundred (800) psi after seventy-two (72) hours measured at ninety-five degrees fahrenheit (95°F) and at eight hundred (800) psi. After thorough circulation of a wellbore, cement shall be pumped behind the production casing two hundred (200) feet above the top of the shallowest known producing horizon. All fresh water aquifers which are exposed below the surface casing shall be cemented behind the production casing. All such cementing around an aquifer shall consist of a continuous cement column extending from at least fifty (50) feet below the bottom of the fresh water aquifer which is being protected to at least fifty (50) feet above the top of said fresh water aquifer. Cement placed behind the production casing shall be allowed to set seventy-two (72) hours, or until eight hundred (800) psi calculated compressive strength is developed, whichever occurs first, prior to the undertaking of any completion operation.
j. Production casing pressure testing. The installed production casing shall be adequately pressure tested for the conditions anticipated to be encountered during completion and production operations.
k. Protection of aquifers and production stratum and suspension of drilling operations before running production casing. In the event drilling operations are suspended before production string is run, the Commission shall be notified immediately and the owner shall take adequate and proper precautions to assure that no alien water enters oil or gas strata, nor potential fresh water aquifers during such suspension period or periods. If alien water is found to be entering the production stratum or to be causing significant adverse environmental impact to fresh water aquifers during completion testing or after the well has been put on production, the condition shall be promptly remedied.
l. Flaring of gas during drilling and notice to local emergency dispatch. Any gas escaping from the well during drilling operations shall be, so far as practicable, conducted to a safe distance from the well site and burned. The operator shall notify the local emergency dispatch as provided by the local governmental designee of any such flaring. Such notice shall be given prior to the flaring if the flaring can be reasonably anticipated, and in all other cases as soon as possible but in no event more than two (2) hours after the flaring occurs.
m. Protection of productive strata during deepening operations. If a well is deepened for the purpose of producing oil and gas from a lower stratum, such deepening to and completion in the lower stratum shall be conducted in such a manner as to protect all upper productive strata.
n. Requirement to evaluate disposal zones for hydrocarbon potential. If a well is drilled as a disposal well then the disposal zone shall be evaluated for hydrocarbon potential. The proposed hydrocarbon evaluation method shall be submitted in writing and approved by the Director prior to implementation. The productivity results shall be submitted to the Director upon completion of the well.
o. Requirement to log well. For all new drilling operations, the operator shall be required to run a minimum of a resistivity log with gamma-ray or other petrophysical log(s) approved by the Director that adequately describe the stratigraphy of the wellbore. This log and all other logs run shall be submitted with the Well Completion or Recompletion Report and Log, Form 5. Open hole logs shall be run to adequately verify setting depth of surface casing and aquifer coverage. These requirements shall not apply to the unlogged open hole completion intervals, or to wells in which no open hole logs are run.
p. Remedial cementing during recompletion. The Director may apply a condition of approval for Application for Permit-to-Drill, Deepen, Re-enter, or Recomplete and Operate, Form 2, to require remedial cementing during recompletion operations consistent with the provisions for protecting aquifers and hydrocarbon bearing zones in this Rule 317.
317A. SPECIAL DRILLING RULES - D-J BASIN FOX HILLS PROTECTION AREA
The following special drilling rules shall apply to wells in the D-J Basin Fox Hills Protection Area:
a. Surface Casing - Minimum Requirements for Well Control. In all wells drilled within the D-J Basin Fox Hills Protection Area, surface casing shall be run to a minimum depth of five percent (5%) of the projected total depth to which the well is to be drilled, provided that in no event shall the surface casing be run to a depth less than two hundred (200) feet. The Director may, on a case-by-case basis, grant variances in this five percent (5%) requirement where the Director finds that the well is a development well in which pressures
can be accurately predicted and finds that, based upon those predictions, the five percent (5%) requirement should be varied to achieve effective well control. In all cases, however, the actual depth at which the surface casing is set shall be calculated to position the casing seat to a depth within a competent formation (preferably shale) which will contain the maximum pressure to which the casing will be exposed during normal drilling operations.
b. Surface Casing - Aquifer Protection. For purposes of aquifer protection, surface casing must be set as follows in wells which are not exploratory wells:
(1) Surface casing shall be run to a depth at least fifty (50) feet below the Fox Hills transition zone in wells drilled within Townships 5 South through 5 North, Ranges 65 West through 70 West or within Townships 3 North through 5 North, Range 64 West.
(2) With respect to Townships 5 South through 5 North, Ranges 58 West through 63 West, Townships 5 South through 2 North, Range 64 West; and Township 6 South, Ranges 65 West through 70 West, in all wells located within one (1) mile of a permitted producing water well, surface casing shall be set to a depth sufficient to protect the deepest permitted producing water well within such one (1) mile area. Said depth shall be at least fifty (50) feet below the depth of the base of the aquifer from which said deepest water well is producing, or fifty (50) feet below the base of the Fox Hills Transition Zone if such deepest water well produces from the Fox Hills Aquifer.
Upon the request of the operator, the Director (or the Commission upon appeal) may grant a variance to the requirements of this subparagraph b. upon a showing to the Director, or the Commission upon appeal, that the variance does not violate the basic intent of said requirements. For such variance purpose, the basic intent of said requirements is stated to be to provide reasonable aquifer protection for the water well(s) which are permitted by the State of Colorado Division of Water Resources and are currently producing in the area potentially affected by the oil or gas well to be drilled.
c. Exploratory Wells. For purposes of the D-J Basin Fox Hills Protection Area only, the term exploratory well means any well:
(1) Which targets the classically demonstrated zones with limited geographic extent such as channel, bar, valley fill and levee type sandstones that were deposited prior to the x-bentonite time stratigraphic event; or
(2) Which can be demonstrated to be separated from a known producing horizon by a dry hole; or
(3) Which can be demonstrated to be targeted to a horizon which is geologically separate from the producing horizon in an offsetting producing well, or
(4) Which the Director, or the Commission upon appeal, may define as an exploratory well by variance, it being the basic intent of this definition that the requirements of subparagraph b. not operate to discourage the drilling of high risk wells.
318. LOCATION OF WELLS
All wells drilled for oil or gas to a common source of supply shall have the following setbacks:
a. Wells deeper than 2,500 feet in depth. A well to be drilled in excess of two thousand five hundred (2,500) feet in depth shall be located not less than six hundred (600) feet from any lease line, and shall be located not less than one thousand two hundred (1,200) feet from any other producible or drilling oil or gas well when drilling to the same common source of supply, unless authorized by order of the Commission upon hearing.
b. Wells less than 2,500 feet in depth. A well to be drilled to less than a depth of two thousand five hundred (2,500) feet below the surface shall be located not less than two hundred (200) feet from any lease line, and not less than three hundred (300) feet from any other producible oil or gas well, or drilling well, in said source of supply, except that only one producible oil or gas well in each such source of supply shall be allowed in each governmental quarter-quarter section unless an exception under Rule 318.c. is obtained.
c. Exception locations. The Director may grant an operator’s request for a well location exception to the requirements of this rule or any order because of geologic, environmental, topographic or archaeologic conditions, irregular sections, a surface owner request, or for other good cause shown, provided that a waiver or consent signed by the lease owner toward whom the well location is proposed to be moved, agreeing that said well may be located at the point at which the operator proposes to drill the well and where correlative rights are protected. If the operator of the proposed well is also the operator of the drilling unit or unspaced offset lease toward which the well is proposed to be moved, waivers shall be obtained from the mineral interest owners under
such lands. If waivers cannot be obtained from all parties and no party objects to the location, the operator may apply for a variance under Rule 502.b. If a party or parties object to a location and cannot reach an agreement, the operator may apply for a Commission hearing on the exception location.
d. Exemptions to Rule 318.
(1) This rule shall not apply to authorized secondary recovery projects.
(2) This rule shall apply to fracture or crevice production found in shale, except from fields previously exempted from this rule.
(3) In a unit operation, approved by federal or state authorities, the rules herein set forth shall not apply except that no well in excess of two thousand five hundred (2,500) feet in depth shall be located less than six hundred (600) feet from the exterior or interior (if there be one) boundary of the unit area and no well less than two thousand five hundred (2,500) feet in depth below the surface shall be located less than two hundred (200) feet from the exterior or interior (if there be one) boundary of the unit area unless otherwise authorized by the order of the Commission after proper notice to owners outside the unit area.
e. Wells located near a mine. No well drilled for oil or gas shall be located within two hundred (200) feet of a shaft or entrance to a coal mine not definitely abandoned or sealed, nor shall such well be located within one hundred (100) feet of any mine shaft house, mine boiler house, mine engine house, or mine fan; and the location of any proposed well shall insure that when drilled it will be at least fifteen (15) feet from any mine haulage or airway.
318A. GREATER WATTENBERG AREA SPECIAL WELL LOCATION RULE
a. The Greater Wattenberg Area ("GWA") is defined to include those lands from and including Townships 2 South to 7 North and Ranges 61 West to 69 West, 6th P.M. In GWA, operators may utilize the following described drilling locations to drill or twin a well, deepen a well, or recomplete a well and to commingle any or all of the Cretaceous Age formations from the base of the Dakota to the surface ("GWA wells"):
(1) A square with sides four hundred (400) feet in length, the center of which is the center of any quarter/quarter section; and,
(2) A square with sides eight hundred (800) feet in length, the center of which is the center of any quarter section.
b. Any GWA well in existence prior to the effective date of this rule, which is not located as described above, may also be utilized for deepening to or recompletion in any Cretaceous Age formation, and for the commingling of production therefrom.
c. Where an existing well cannot be utilized for deepening or recompletion, for reasons including, but not limited to, differing ownership or wellbore limitations, any new, twinned well shall be located as close to such existing well as is practicable, consistent with sound engineering practice.
d. This rule does not alter the size or configuration of drilling units for GWA wells in existence prior to its effective date. Where deemed necessary an operator for purposes of allocating production, such operator may allocate production to an expanded drilling unit with respect to a particular Cretaceous Age formation consistent with the provisions of this rule.
e. This rule shall not serve to bar the granting of relief to owners who file an application alleging abuse of their correlative rights to the extent that such owners can demonstrate that their opportunity to produce the Cretaceous Age formations from the drilling locations herein authorized does not provide an equal opportunity to obtain their just and equitable share of oil and gas from such formations.
f. Subject to paragraph d. above, this rule supersedes all prior Commission drilling and spacing orders affecting the GWA wells. Well location exceptions to this rule shall be subject to the provisions of Rule 318.c.
318B. YUMA/PHILLIPS COUNTY SPECIAL WELL LOCATION RULE
a. This special Well Location Rule ("WLR") governs wells drilled to and completed in the Niobrara Formation for the following lands:
Township 1 North
Range 44 West: Sections 7, 18, 19, 30 through 33
Range 45 West: Sections 7 through 36
Range 46 West: Sections 4 through 9
Ranges 47 and 48 West: All
Township 2 North
Ranges 46 through 48 West: All
Township 3 North
Range 45 West: Sections 1 through 18
Ranges 46 through 48 West: All
Townships 4 through 6 North
Ranges 45 through 48 West: All
Township 1 South
Range 44 West: Sections 3 through 10, 16 through 21, 27 through 34
Range 45 West: Sections 3 through 5
Range 46 West: Sections 4 through 9, 16 through 36
Ranges 47 and 48 West: All
Township 2 South
Range 44 West: Sections 3 through 6
Range 45 West: Section 7: W½, Section 18: W½, Section 19: All
Range 46 West: Sections 1 through 24
Ranges 47 and 48 West: All
Townships 3 and 4 South
Range 48 West: All
Within the WLR Area, operators may conduct drilling operations to the Niobrara Formation as follows:
(1) Four (4) Niobrara Formation wells may be drilled in any quarter section.
(2) No more than one (1) well may be located in any quarter quarter section.
(3) No minimum distance shall be required between wells producing from the Niobrara Formation in any quarter section.
(4) Wells shall be located at least 560’ from the outer boundary of said quarter section, and wells located outside any drilling units already established by the Commission in the WLR Area prior to this WLR’s effective date (November 30, 2004) shall, in addition, be located at least 200’ from any lease line.
b. Any well drilled to the Niobrara Formation in the WLR Area prior to the effective date (November 30, 2004) of this WLR which is legally located when this WLR becomes effective but is not located as listed above shall be treated as properly located for purposes of this WLR.
c. This WLR does not alter the size or configuration of any drilling units already established by the Commission in the WLR Area prior to this WLR’s effective date (November 30, 2004).
d. This WLR shall not serve to bar the granting of relief to owners who file an application alleging abuse of their correlative rights to the extent that such owners can demonstrate that their opportunity to produce from the Niobrara Formation at locations herein authorized does not provide an equal opportunity to obtain their just and equitable share of oil and gas from such formation.
e. Well exception locations to this WLR shall be subject to the provisions of Rule 318.c.
f. This WLR is a well location rule and supercedes existing Commission orders in effect at the time of its adoption only to the extent that the existing orders relate to permissible well locations and the number of wells that may be drilled in a quarter section. Commission orders in effect when this Rule 318B. is adopted nonetheless apply with respect to the size of drilling units already established by the Commission in the WLR Area. This WLR is not intended to establish well spacing. Accordingly, when an area subject to Rule 318B. is otherwise unspaced, it does not act to space the area but instead provides the permissible locations for any new Niobrara Formation wells. Similarly, Rule 318B. does not affect production allocation for existing or future wells. An operator may allocate production in accordance with the applicable lease, contract terms or established drilling and spacing units recognizing the owner’s right to apply to the COGCC to resolve any outstanding correlative rights issues.
319. ABANDONMENT
The requirements for abandoning a well shall be as follows:
a. Plugging
(1) A dry or abandoned well, seismic, core, or other exploratory hole, must be plugged in such a manner that oil, gas, water, or other substance shall be confined to the reservoir in which it originally occurred. Any cement plug shall be a minimum of fifty (50) feet in length and shall extend a minimum of fifty (50) feet above each zone to be protected. The material used in plugging, whether cement, mechanical plug, or some other equivalent method approved in writing by the Director, must be placed in the well in a manner to permanently prevent migration of oil, gas, water, or other substance from the formation or horizon in which it originally occurred. The preferred plugging cement slurry is that recommended by the American Petroleum Institute (API) Environmental Guidance Document: Well Abandonment and Inactive Well Practices for U.S. Exploration and Production Operations, i.e., a neat cement slurry mixed to API standards. However, pozzolan, gel and other approved extenders may be used if the operator can document, to the Director's satisfaction, that the slurry design will achieve a minimum compressive strength of three hundred (300) psi after twenty-four (24) hours and eight hundred (800) psi after seventy-two (72) hours measured at ninety-five (95) degrees fahrenheit and at eight hundred (800) psi.
(2) The operator shall have the option as to the method of placing cement in the hole by (a) dump bailer, (b) pumping a balanced cement plug through tubing or drill pipe, (c) pump and plug, or (d) equivalent method approved by the Director prior to plugging. Unless prior approval is given, all wellbores will have water, mud or other approved fluid between all plugs.
(3) No substance of any nature or description other than normally used in plugging operations shall be placed in any well at any time during plugging operations. All final reports of plugging and abandonment shall be submitted on a Well Abandonment Report, Form 6, and accompanied by a job log or cement verification report from the plugging contractor specifying the type of fluid used to fill the wellbore, type and slurry volume of API Class cement used, date of work, and depth the plugs were placed.
(4) In order to protect the fresh water strata, no surface casing shall be pulled from any well unless authorized by the Director.
(5) All abandoned wells shall have a plug or seal placed at the surface of the ground or the bottom of the cellar in the hole in such manner as not to interfere with soil cultivation or other surface use. The top of the pipe must be sealed with either a cement plug and a screw cap, or cement plug and a steel plate welded in place or by other approved method, or in the alternative be marked with a permanent monument which shall consist of a piece of pipe not less than four (4) inches in diameter and not less than ten (10) feet in length, of which four (4) feet shall be above the general ground level, the remainder to be embedded in cement or to be welded to the surface casing.
(6) The operator must obtain approval from the Director of the plugging method prior to plugging, and shall notify the Director of the estimated time and date the plugging operation of any well is to commence, and identify the depth and thickness of all known sources of ground water. For good cause shown, the Director may require that a cement plug be tagged if a cement retainer or bridge plug is not used. If requested by the operator, the Director shall furnish written follow-up documentation for a requirement to tag cement plugs.
(7) Wells Used for Fresh Water. When the well, seismic, core, or other exploratory hole to be plugged may safely be used as a fresh water well, and such utilization is desired by the landowner, the well need not be filled above the required sealing plug set below fresh water; provided that written authority for such use is secured from the landowner and, in such written authority, the landowner assumes the responsibility to plug the well upon its abandonment as a water well in accordance with these rules. Such written authority and assumption of responsibility shall be filed with the Commission, provided
further that the landowner furnish a copy of the permit for a water well approved by the Division of Water Resources.
b. Shut-in and Temporary Abandonment.
(1) A well may be shut-in or temporarily abandoned when completed, upon approval of the Director, for a period not to exceed six (6) months provided the hole is cased or left in such a manner as to prevent migration of oil, gas, water or other substance from the formation or horizon in which it originally occurred. All shut-in or temporarily abandoned wells shall be closed to the atmosphere with a swedge and valve or packer, or other approved method. The well sign shall remain in place. If an operator requests shut-in or temporary abandonment status in excess of six (6) months the operator shall state the reason for requesting such extension and state plans for future operation. A Sundry Notice, Form 4, or other form approved by the Director, shall be submitted annually stating the status of the well and plans for future operation.
(2) The manner in which the well is to be maintained should be reported to the Commission, and bonding requirements, as provided for in Rule 304., kept in force until such time as the well is permanently abandoned.
(3) A well which has ceased production or injection or is incapable of production or injection shall be abandoned within six (6) months thereafter unless the time is extended by the Director upon application by the owner. The application shall indicate why the well is shut-in and future plans for utilization. In the event the well is covered by a blanket bond, the Director may require an individual plugging bond on the shut-in or temporarily abandoned well. Gas storage wells are to be considered active at all times unless physically plugged.
(4) In addition to the requirements of Rule 325., an injection well that is shut-in or temporarily abandoned shall have a mechanical integrity test performed within two (2) years after the shut-in date in order to be retained in shut-in or temporarily abandoned status.
(5) If an injection well which has been shut-in or temporarily abandoned is determined not to have mechanical integrity as a result of any test required by the Commission rules and regulations, it must, within six (6) months following such a test, be either repaired and pass a mechanical integrity test or be plugged and abandoned.
320. LIABILITY
The owner and operator of any well drilled for oil or gas production or injection purposes, or any seismic, core, or other exploratory holes, whether cased or uncased, shall be liable and responsible for the plugging thereof in accordance with the rules and regulations of the Commission regardless of whether the cost of such plugging and abandonment exceeds the amount of security as set forth in Rule 304.
321. DIRECTIONAL DRILLING
If an operator intends to drill a horizontal or deviated wellbore utilizing controlled directional drilling methods, other than whipstocking due to hole conditions, the plans shall accompany an application for Permit-to-Drill, Form 2. In addition to the information required on the plat in Rule 303.c., the plat shall also show the surface and bottom hole location. If the surface location is in a different section than the bottom hole location, a plat depicting each section is required. Additionally, the proposed directional survey including two (2) wellbore deviation plots, one depicting the plan view and one depicting the side view, shall accompany the application.
Within thirty (30) days of completion the operator shall submit a Drilling Completion Report, Form 5, according to Rule 308., with a copy of the directional survey coordinate listing and the wellbore deviation plots (plan and side views). The survey data shall be provided in a single analysis report with sufficient detail to determine the location of the wellbore from the base of the surface casing to the kick off point and from that point to total depth.
322. COMMINGLING
The commingling of production from multiple formations or wells is encouraged in order to maximize the efficient use of wellbores and to minimize the surface disturbance from oil and gas operations. Commingling may be conducted at the discretion of an operator, unless the Commission has issued an order or promulgated a rule excluding specific wells, geologic formations, geographic areas, or field from commingling in response to an application filed by a directly and adversely affected or aggrieved party or on the Commission’s own motion.
This rule supercedes the procedural requirements to establish commingling and allocation contained in any Commission order as of the effective date of this rule, but does not supersede any allocation made under such order.
323. OPEN PIT STORAGE OF OIL OR HYDROCARBON SUBSTANCES
Storage of oil or any other produced liquid hydrocarbon substance in earthen pits or reservoirs is considered to constitute waste, except in emergencies where such substances cannot be otherwise contained. In such cases, these substances must be reclaimed and such storage eliminated as soon as practicable after the emergency is controlled, unless special permission to delay or continue is obtained from the Director.
324A. POLLUTION
a. The operator shall take precautions to prevent significant adverse environmental impacts to air, water, soil, or biological resources to the extent necessary to protect public health, safety and welfare, by using cost-effective and technically feasible measures to protect environmental quality and to prevent the unauthorized discharge or disposal of oil, gas, E&P waste, chemical substances, trash, discarded equipment or other oil field waste.
b. No operator, in the conduct of any oil or gas operation shall perform any act or practice which shall constitute a violation of water quality standards or classifications established by the Water Quality Control Commission for waters of the state, or any point of compliance established by the Director pursuant to Rule 324D. The Director may establish one (1) or more points of compliance for any event of pollution, which shall be complied with by all parties determined to be a responsible party for such pollution.
c. No owner, in the conduct of any oil or gas operation, shall perform any act or practice which shall constitute a violation of any comprehensive plan adopted by the Air Quality Control Commission for the prevention, control and abatement of pollution of the air of the state.
d. No injection shall be authorized pursuant to Rule 325. or Rule 401. unless the person applying for authorization to conduct the injection activities demonstrates that those activities will not result in the presence in an underground source of drinking water of any physical, chemical, biological or radiological substance or matter which may cause a violation of any primary drinking water regulation in effect as of July 12, 1982 and found at 40 C.F.R. Part 142, as amended, or may otherwise adversely affect the health of persons. An underground source of drinking water is an aquifer or its portion:
(1) A. Which supplies any public water system; or
B. Which contains a sufficient quantity of ground water to supply a public water system; and
i. Currently supplies drinking water for human consumption; or
ii. Contains fewer than ten thousand (10,000) milligrams per liter total dissolved solids; and
(2) Which is not an exempted aquifer.
e. No person shall accept water produced from oil and gas operations, or other oil field waste for disposal in a commercial disposal facility, without first obtaining a Certificate of Designation from the County in which such facility is located, in accord with the regulations pertaining to solid waste disposal sites and facilities as promulgated by the Colorado Department of Public Health and Environment.
324B. EXEMPT AQUIFERS
a. Criteria for aquifer exemption. An aquifer or a portion thereof may be designated by the Director or the Commission as an exempted aquifer, in connection with the filing of an application pursuant to Rule 325. or Rule 401. if it meets the following criteria:
(1) It does not currently serve as a source of drinking water; and either subparagraph (2) or (3) below apply:
(2) It cannot now and will not in the future serve as a source of drinking water because:
A. It is mineral, hydrocarbon or geothermal energy producing, or can be demonstrated by a person filing an application pursuant to Rule 324. or Rule 401. to contain minerals or hydrocarbons that considering their quantity and location are expected to be commercially producible; or
B. It is situated at a depth or location which makes recovery of water for drinking water purposes economically or technologically impractical; or
C. It is so contaminated that it would be economically or technologically impractical to render the water fit for human consumption;
(3) The total dissolved solids content of the ground water is more than three thousand (3,000) and less than ten thousand (10,000) milligrams per liter and it is not reasonably expected to supply a public water system.
b. Aquifer exemption public notice. If an aquifer exemption is required as part of an injection permit process, the injection well applicant shall apply for an aquifer exemption. This application shall contain data and information which show that applicable aquifer exemption criteria set forth in Rule 324B.a. are met. After evaluation of the application and prior to designating an aquifer or a portion thereof as an exempted aquifer, the Director shall publish a notice of proposed designation in a newspaper of general circulation serving the area where the aquifer is located. The notice shall identify such aquifer or portion thereof which the Director proposes to designate as exempted, and shall state that any person who can make a showing to the Director that the requested designation does not meet the critera set forth in Rule 324B.a.
c. Evaluation of written requests for public hearing. Written requests for a public hearing before the Commission shall be reviewed and evaluated by the Director in consultation with the applicant to determine if the criteria set forth in Rule 324B.a. have been met. If, within thirty (30) days after publication of the notice, the Commission receives a hearing request for which the Director determines the criteria set forth in Rule 324B.a. have not been met, the Commission shall hold such a hearing in accordance with the provisions of §34-60-108, C.R.S., 1973, as amended, and shall make a final determination regarding designation.
d. Aquifer exemption designation. If, within thirty (30) days after publication of the notice described in subparagraph b. above, the Commission does not receive a hearing request or receives a hearing request for which the Director determines the criteria set forth in Rule 324B.a. have been met, said aquifer or portion thereof shall be considered exempted thirty (30) days after publication of the notice.
324C. QUALITY ASSURANCE FOR CHEMICAL ANALYSIS
For the purpose of application for a permit for all wells authorized under Rule 325. and Rule 401., collection and analysis of water samples must comply with the Commission's approved quality assurance project plan.
324D. CRITERIA TO ESTABLISH POINTS OF COMPLIANCE
In determining a point of compliance, the Director shall take into consideration recommendations of the operator or any responsible party or parties, if applicable, including technical and economic feasibility, together with the following factors:
a. The classified use established by the Water Quality Control Commission, for any ground water or surface water which will be impacted by contamination. If not so classified, the Director shall consider the quality, quantity, potential economic use and accessibility of such water;
b. The geologic and hydrologic characteristics of the site, such as depth to ground water, ground water flow, direction and velocity, soil types, surface water impacts, and climate;
c. The toxicity, mobility, and persistence in the environment of contaminants released or discharged from the site;
d. Established wellhead protection areas;
e. The potential of the site as an aquifer recharge area; and
f. The distance to the nearest permitted domestic water well or public water supply well completed in the same aquifer affected by the event.
g. The distance to the nearest permitted livestock or irrigation water well completed in the same aquifer affected by the event.
325. UNDERGROUND DISPOSAL OF WATER
No person shall commence operations for the underground disposal of water, or any other fluids, into a Class II well, or any well regulated by the Commission, nor shall any person commence construction of such a well, without having first obtained written authorization for such operations from the Director. Persons wishing to obtain authorization to conduct underground disposal activities shall file with the Director an Underground Injection Formation Permit Application, Form 31 and an Injection Well Permit Application, Form 33. If the disposal well is to be drilled, this application shall be submitted concurrently with the Application for Permit-to-Drill, Form 2, along with a service and filing fee to be determined by the Commission. (See Appendix III)
b. Withholding approval of underground disposal of water. The Director may withhold the issuance of a permit and the granting of approval of any Underground Injection Formation Permit Application, Form 31 and any Injection Well Permit Application, Form 33 for any proposed disposal well when the Director has reasonable cause to believe that the proposed disposal well could result in a significant adverse impact on the environment or public health, safety and welfare. In the event such approval is not granted, the Director shall immediately advise the operator and bring the matter to the Commission at its next regularly scheduled hearing.
c. The application for a dedicated injection well shall include the following information:
(1) The name, description and depth of the formation into which water is to be injected, and all underground sources of drinking water which may be affected by the proposed operation. A water analysis of the injection formation (if the total dissolved solids of the injection formation is determined to be less than ten thousand (10,000) milligrams per liter, the aquifer must be exempted in accordance with Rule 324B.). The fracture pressure or fracture gradient of the injection formation.
(2) A base plat covering the area within one-quarter (1/4) mile of the proposed disposal well showing location of the proposed disposal well or wells and the location of all oil and gas wells, domestic and irrigation wells of public record and the identification of all oil and gas wells currently producing from the proposed injection zone within one-half (1/2) mile of the disposal zone. The names, addresses and holdings of all surface and mineral owners as defined in §34-60-103 (7), C.R.S., within one-quarter (1/4) mile of the proposed disposal well or wells, or all owners of record in the field if a field-wide system is proposed. These owners shall be specifically outlined and identified on the base plat. A list of all domestic an irrigation wells of public record, within one-quarter mile of the proposed disposal well or wells, including their location and depth. (This information may be obtained at the Colorado Division of Water Resources.) Remedial action shall be required for any well within one-quarter (1/4) mile of the proposed disposal well or wells, which the applicant may or may not operate and a plan for the performance of any such remedial work. A copy of all plans and specifications for the system and its appurtenances.
(3) A resistivity log, run from the bottom of the surface casing to total depth of the disposal well or wells or any well within one (1) mile together with a log from that well that can be correlated with the injection well. If the disposal well is to be drilled, a description of the typical stratigraphic level of the disposal formation in the disposal well or wells, and any other available logging or testing data, on the disposal well or wells.
(4) A full description of the casing in the disposal well or wells. This shall include any information available on any remedial cement work performed to any casing string. This shall also include a schematic drawing showing all casing strings with cement volumes and tops, existing or as proposed, plug back total depth, depth of any existing open or squeezed perforations, setting depths of any bridge plugs existing or proposed, planned perforations in the injection zone, tubing and packer size and setting depth. A diagram of the surface facility showing all pipelines and tanks associated with the system. A listing of all leases connected directly by pipelines to the system.
A listing of all sources of water, by lease and well, to be injected shall be submitted on a Source of Produced Water for Disposal, Form 26.
Any proposed stimulation program.
The estimated minimum and maximum amount of water to be injected daily with anticipated injection pressures. Maximum injection pressure will be set by the Director upon approval.
(8) The names and addresses of those persons notified by the applicant, as required by subparagraph i of this rule.
d. The application for a simultaneous injection well shall include the following:
(1) The name, description and depth of the formation into which water is to be injected, and all underground sources of drinking water which may be affected by the proposed operation. A water analysis of the injection formation (if the total dissolved solids of the injection formation is determined to be less than ten thousand (10,000) milligrams per liter, the aquifer must be exempted in accordance with Rule 324B.); a water analysis from the producing formation; and the fracture pressure or fracture gradient of the injection formation.
(2) A base plat covering the area within one-quarter (1/4) mile of the proposed well showing the location of the proposed well or wells and the location of all oil and gas wells, domestic and irrigation wells of public record and the identification of all oil and gas wells currently producing from the proposed injection zone within one-half (1/2) mile of the disposal zone and the names, addresses and holdings of all mineral owners as defined in §34-60-103 (7), C.R.S., within one-quarter (1/4) mile of the proposed disposal well or wells, or all owners of record in the field if a field-wide system is proposed. These owners shall be specifically outlined and identified on the base plat. Remedial action shall be required for any well within one-quarter (1/4) mile of the proposed well or wells in which the injection zone is not adequately confined. The applicant shall include information regarding the need for remedial action on any well(s) penetrating the injection zone within one-quarter (1/4) mile of the proposed disposal well or wells, which the applicant may or may not operate and a plan for the performance of any such remedial work and a copy of all plans and specifications for the system and its appurtenances.
(3) A resistivity log, run from the bottom of the surface casing to total depth of the disposal zone or such log from a well within one (1) mile together with a log from that well that can be correlated with the simultaneous injection well. If the simultaneous injection well is to be drilled, a description of the typical stratigraphic level of the injection formation in the simultaneous injection well or wells, and any other available logging or testing data, on the simultaneous injection well or wells.
(4) A full description of the casing in the simultaneous injection well or wells. This shall include any information available on any remedial cement work performed to any casing string. This shall also include a schematic drawing showing all casing strings with cement volumes and tops, existing or as proposed, plug back total depth, depth of any existing open or squeezed perforations, setting depths of any bridge plugs existing or proposed, planned perforations in the injection zone, downhole pump setting depth and any tubing and or packer size and setting depth.
(5) Any proposed stimulation program.
(6) The estimated amount of water to be injected daily.
(7) Downhole pump specifications, together with a calculation of maximum discharge pressure created under proposed wellbore configuration. Downhole pump configurations shall be designed to inject below the injection zone fracture gradient.
(8) The names and addresses of those persons notified by the applicant, as required by subparagraph j. of this rule.
The following rules shall apply to both dedicated injection well and simultaneous injection well applications.
e. Mechanical integrity testing requirement. Prior to application approval, the proposed disposal well must satisfactorily pass a mechanical integrity test in accordance with Rule 326.
f. Centralized and commercial disposal well requirements. Prior to application approval, the appurtenant centralized and commercial disposal well operations shall comply with the requirements of Rules 704. and 908.
g. Multiple well applications. Application may be made to include the use of more than one (1) disposal well on the same lease, or on more than one (1) lease. Wherever feasible and applicable, the application shall contemplate a coordinated plan for the entire field.
h. The designated operator of a unitized or cooperative project shall execute the application.
i. Notice of the application for a dedicated injection well shall be given by the applicant by registered or certified mail or by personal delivery, to each surface owner and owner as defined in §34-60-103(7), C.R.S., within one-quarter (1/4) mile of the proposed well or wells and to owners and operators of oil and gas wells producing from the injection zone within one-half (1/2) mile of the disposal well or to owners of cornering and contiguous units where injection will occur into the producing zones, whichever is the greater distance.
j. Notice of the application for a simultaneous injection well shall be given by the applicant by registered or certified mail or by personal delivery, to each owner as defined in §34-60-103(7), C.R.S., within one-quarter (1/4) mile of the proposed well or wells and to owners and operators of oil and gas wells producing from the injection zone within one-half (1/2) mile of the disposal well or to owners of cornering and contiguous units where injection will occur into the producing zones, whichever is the greater distance.
k. A copy of the notice of application shall be included with the disposal application filed with the Commission, and the applicant shall certify that notice by registered or certified mail or by personal delivery, to each of the owners specified in subparagraphs i. and j., has been accomplished.
l. Notice of application requirements. The notice shall describe the proposed operation and shall state that any person who would be directly and adversely affected or aggrieved by the authorization of the underground disposal into the proposed injection zone may file, within fifteen (15) days of notification, a written request for a public hearing before the Commission, provided such request meets the protest requirements specified in subparagraph m. of this rule. The notice shall also state that additional information on the operation of the proposed disposal well may be obtained at the Commission office.
m. Evaluation of written requests for public hearing. Written requests for public hearing before the Commission by a person, notified in accordance with subparagraphs i. and j. of this rule, who may be directly and adversely affected or aggrieved by the authorization of the underground disposal into the proposed injection zone, shall be reviewed and evaluated by the Director in consultation with the applicant. Written protests shall specifically provide information on:
Possible conflicts between the injection zone’s proposed disposal use and present or future use as a source of drinking water or present or future use as a source of hydrocarbons, or
(2) Operations at the well site which may affect potential and current sources of drinking water.
n. Dedicated injection well public notice. The Director shall publish a notice of the proposed disposal permit for dedicated injection wells in a newspaper of general circulation serving the area where the well(s) is (are) located. The notice shall briefly describe the disposal application and include legal location, proposed injection zone, depth of injection and other relevant information. Comment period on the proposed disposal application shall end thirty (30) days after date of publication. If any data, information, or arguments submitted during the public comment period appear to raise substantial questions concerning potential impacts to the environment, public health, safety and welfare raised by the proposed disposal well permit the Director may request that the Commission hold a hearing.
o. Injection application deadlines. If all of the data or information necessary to approve the disposal application has not been received within six (6) months of the date of receipt, the application will be withdrawn from consideration. However, for good cause shown, a ninety (90) day extension may be granted, if requested prior to the date of expiration.
326. MECHANICAL INTEGRITY TESTING
For the purpose of this rule, a mechanical integrity test of a well is a test designed to determine if: there is a significant leak in the casing, tubing, or packer of the well, and there is significant fluid movement into an underground source of drinking water through vertical channels adjacent to the wellbore.
a. Injection Wells - A mechanical integrity test shall be performed on all injection wells.
(1) The mechanical integrity test shall include one (1) of the following tests to determine whether significant leaks are present in the casing, tubing, or packer;
A. A pressure test with liquid or gas at a pressure of not less than three hundred (300) psi or the minimum injection pressure, whichever is greater, and not more than the maximum injection pressure; or
B. The monitoring and reporting to the Director, on a monthly basis for sixty (60) consecutive months, of the average casing-tubing annulus pressure, following an initial pressure test; or
C. In lieu of A. and B. any equivalent test or combinations of tests approved by the Director.
(2) The mechanical integrity test shall include one (1) of the following tests to determine whether there are significant fluid movements in vertical channels adjacent to the well bore:
A. Cementing records which shall only be valid for injection wells in existence prior to July 1, 1986;
B. Tracer surveys;
C. Cement bond log or other acceptable cement evaluation log;
D. Temperature surveys; or
E. In lieu of A.-D., any other equivalent test or combination of tests approved by the Director.
(3) No person shall inject fluids into a new injection well unless a mechanical integrity test on the well has been performed and supporting documents including Mechanical Integrity Test, Form 14B, submitted and approved by the Director. Verbal approval may be granted for continuous injection following the test.
(4) Following the performance of the initial mechanical integrity test required by subparagraph (3), additional mechanical integrity tests shall be performed on each type of injection well as follows:
A. Dedicated injection well. As long as it is used for the injection of fluids, mechanical integrity tests shall be performed at the rate of not less than one (1) test every five (5) years. The first five (5) year period shall commence on the date the initial mechanical integrity test is performed.
B. Simultaneous injection well. No additional tests will be required after the initial mechanical integrity test.
(5) Following the performance of the initial mechanical integrity test required by subparagraph (3), additional mechanical integrity tests shall be performed on each well, as long as it is used for the injection of fluids, at the rate of not less than one (1) test every five (5) years. The first five (5) year period shall commence on the date the initial mechanical integrity test is performed.
b. Shut-in Wells - All shut-in wells shall pass a mechanical integrity test.
(1) A mechanical integrity test shall be performed on each shut-in well within two (2) years of the initial shut-in date. A mechanical integrity test shall be performed on each shut-in well on five (5) year intervals from the date the initial mechanical integrity test was performed. If, at any time, surface equipment is removed or the well becomes incapable of production, a mechanical integrity test must be performed within thirty (30) days. The mechanical integrity test for a shut-in well shall be:
A. Isolation of the wellbore with a bridge plug or similar approved isolating device set one hundred (100) feet or less above the highest perforations and a pressure test with liquid or gas at a pressure of not less than three hundred (300) psi surface pressure or any equivalent test or combination of tests approved by the Director.
B. Following the performance of the initial mechanical integrity test for shut-in wells, additional tests, other than the five (5) year interval test, may be required.
c. Not less than ten (10) days prior to the performance of any mechanical integrity test required by this rule, any person required to perform the test shall notify the Director, in writing, of the scheduled date on which the test will be performed.
d. All wells shall maintain mechanical integrity. All wells which lack mechanical integrity shall be repaired or plugged and abandoned within six (6) months of failing a mechanical integrity test or of a determination through any other means that the well lacks mechanical integrity, and the well site reclaimed in accordance with Rule 1004.a. All injection wells which fail a mechanical integrity test, or which are determined through any other means to lack mechanical integrity, shall be shut-in immediately.
327. LOSS OF WELL CONTROL
The operator shall take all reasonable precautions, in addition to fully complying with Rule 317. to prevent any oil, gas or water well from blowing uncontrolled and shall take immediate steps and exercise due diligence to bring under control any such well, and shall report such occurrence to the Director as soon as practicable, but no later than twenty four (24) hours following the incident. Within fifteen (15) days after all occurrences the operator shall submit a written report giving all details. The Director shall maintain these written reports in a central file.
328. MEASUREMENT OF OIL
The volume of production of oil shall be computed in terms of barrels of clean oil on the basis of properly calibrated meter measurements or tank measurements of oil-level differences, made and recorded to the nearest one-quarter (1/4) inch of one hundred percent (100%) capacity tables, subject to the following corrections:
a. Correction for Impurities. The percentage of impurities (water, sand and other foreign substances not constituting a natural component part of the oil) shall be determined to the satisfaction of the Director, and the observed gross volume of oil shall be corrected to exclude the entire volume of such impurities.
b. Temperature Correction. The observed volume of oil corrected for impurities shall be further corrected to the standard volume of sixty degrees fahrenheit (60°F). in accordance with A.S.T.M. D-1250 Table 7, or any revisions thereof and any supplements thereto or any close approximation thereof approved by the Director.
c. Gravity Determination. The gravity of oil at sixty degrees fahrenheit (60°F) shall be determined in accordance with A.S.T.M. D-1250 Table 5, or any revisions thereof and any supplements thereto or any close approximation thereof approved by the Director.
329. MEASUREMENT OF GAS
Production of gas of all kinds shall be measured by meter unless otherwise agreed to by the Director. For computing volume of gas to be reported to the Commission, the standard pressure base shall be fourteen point seventy-three (14.73) psia, regardless of atmospheric pressure at the point of measurement, and the standard temperature base shall be sixty degrees fahrenheit (60°F). All volumes of gas to be reported to the Commission shall be adjusted by computation to these standards, regardless of pressures and temperatures at which the gas was actually measured, unless otherwise authorized by the Director.
330. MEASUREMENT OF PRODUCED AND INJECTED WATER
a. The volume of produced water shall be computed and reported in terms of barrels on the basis of properly calibrated meter measurements or tank measurements of water-level differences, made and recorded to the nearest one-quarter (1/4) inch of one hundred percent (100%) capacity tables. If measurements are based on oil/water ratios, the oil/water ratio must be based on a production test performed during the last calendar year. Other equivalent methods for measurement of produced water may be approved by the Director.
b. The volume of water injected into a Class II dedicated injection well shall be computed and reported in terms of barrels on the basis of properly calibrated meter measurements or tank measurements of water-level
differences, made and recorded to the nearest one-quarter (1/4) inch of one hundred percent (100%) capacity tables. If water is transported to an injection facility by means other than direct pipeline, measurement of water is required by a properly calibrated meter.
c. The volume of water injected and produced in simultaneous injection wells shall be computed and reported in terms of barrels on the basis of calculated pump volumes, on the basis of properly calibrated meter measurements, or on the basis of a produced gas to water ratio based on an annual production test.
331. VACUUM PUMPS ON WELLS
The installation of vacuum pumps or other devices for the purpose of imposing a vacuum at the wellhead or on any oil or gas bearing reservoir may be approved by the Director upon application therefore, except as herein provided. The application shall be accompanied by an exhibit showing the location of all wells on adjacent premises and all offset wells on adjacent lands, and shall set forth all material facts involved and the manner and method of installation proposed. Notice of the application shall be given by the applicant by registered or certified mail, or by delivering a copy of the application to each producer within one-half (1/2) mile of the installation.
In the event no producer within one-half (1/2) mile of the installation or the Commission itself files written objection or complaint to the application within fifteen (15) days of the date of application, then the application shall be approved, but if any producer within one-half (1/2) mile of said installation or the Commission itself files written objection within fifteen (15) days of the date of application, then a hearing shall be held as soon as practicable.
332. USE OF GAS FOR ARTIFICIAL GAS LIFTING
Gas may be used for artificial gas lifting of oil where all such gas returned to the surface with the oil is used without waste. Where the returned gas is not to be so used, the use of gas for artificial gas lifting of oil is prohibited unless otherwise specifically ordered and authorized by the Commission upon hearing.
333. SEISMIC OPERATIONS
a. COGCC Form 20, Notice of Intent to Conduct Seismic Operations. Seismic operations require an approved Form 20 which shall be submitted to the Director prior to commencement of shothole drilling or recording operations. An informational copy of the Form 20 shall be filed by the operator with the local governmental designee at or before the time of filing with the Director. Any change of plans or line locations may be implemented without Director approval provided that after such change is performed, the Director shall receive written notice of the change within five (5) days.
A map shall be included with the notice. This map shall be at a scale of at least 1:48,000 showing sections, townships and ranges and providing the location of the proposed seismic lines, including source and receiver line locations.
The Notice of Intent to Conduct Seismic Operations, Form 20, shall be in effect for six (6) months from the date of approval. An extension of time may be granted upon written request submitted prior to the expiration date.
b. Surface owner consultation. Prior to the commencement of any seismic operations, a good faith effort shall be made to consult with all surface owners of the lands included in the seismic project area.
c. Exploration requiring the drilling of shotholes:
(1) Explosive storage. All explosives shall be legally and safely stored and accounted for in magazines when not in use in accordance with relevant regulations of the Alcohol, Tobacco and Firearms Division of the Federal Department of the Treasury.
(2) Blasting safety setbacks. Blasting shall be kept a safe distance from occupied buildings, water wells or springs, unless by special written permission of the surface owner or lessee, according to the following minimum setback distances:
|
CHARGES IN LBS. GREATER THAN |
CHARGES IN LBS. UP TO AND INCLUDING |
MINIMUM SETBACK DISTANCE IN FEET |
|
0 |
2 |
200 |
|
2 |
5 |
300 |
|
5 |
6 |
360 |
|
6 |
7 |
420 |
|
7 |
8 |
480 |
|
8 |
9 |
540 |
|
9 |
10 |
600 |
|
10 |
11 |
649 |
|
11 |
12 |
696 |
|
12 |
13 |
741 |
|
13 |
14 |
784 |
|
14 |
15 |
825 |
|
15 |
16 |
864 |
|
16 |
17 |
901 |
|
17 |
18 |
936 |
|
18 |
19 |
969 |
|
19 |
20 |
1000 |
|
20 |
1320 |
(3) Prior to any shothole drilling, the operator shall contact the Utility Notification Center of Colorado at 1-800-922-1987.
(4) Drilling and plugging. The following guidelines shall be used to plug shotholes unless the operator can demonstrate that another method will provide adequate protection to ground water quality and movement and long-term land stability:
A. Any slurry, drilling fluids, or cuttings which are deposited on the surface around the seismic hole shall be raked or otherwise spread out to at least within one (1) inch of the surface, such that the growth of the natural grasses or foliage shall not be impaired.
B. All shotholes shall be preplugged or anchored to prevent public access if not immediately shot. In the event the preplug does not hold, seismic holes shall be properly plugged and abandoned as soon as practical after the shot has been fired. However, a fired hole shall not be left unplugged for more than thirty (30) days without approval of the Director. In no event shall shotholes be left open, but shall be covered with a tin hat or other similar cover until they are properly plugged. The hats shall be imprinted with the seismic contractor's name or identification number or mark.
C. The hole shall be filled to a depth of approximately three (3) feet below ground level by returning the cuttings to the hole and tamping the returned cuttings to ensure the hole is not bridged. A non-metallic perma-plug either imprinted or tagged with the operator name or the identification number or mark described in the notice of intent shall be set at a depth of three (3) feet, and the remaining hole shall be filled and tamped to the surface with cuttings and native soil. A sufficient mound of native soil shall be left over the hole to allow for settling.
D. When non-artesian water is encountered while drilling seismic shotholes, the holes shall be filled from the bottom up with a high grade coarse ground bentonite to ten (10) feet above the static water level or to a depth of three (3) feet from the surface; the remaining hole shall be filled and tamped to the surface with cuttings and native soil, unless the operator otherwise demonstrates that use of another suitable plugging material may be substituted for bentonite without harm to ground water resources.
E. If artesian flow (water rising above the depth at which encountered) is encountered in the drilling of any seismic hole, cement or high grade coarse ground bentonite shall be used to seal off the water flow with the selected material placed from the bottom of the hole to the surface or at least fifty (50) feet above the top of the water-bearing material, thereby preventing cross-flow between aquifers, erosion or contamination of fresh water supplies. Said holes shall be plugged immediately.
d. COGCC Form 20A, Completion Report for Seismic Operations. A Form 20A shall be submitted to the Director within sixty (60) days after completion of the project. The report shall include: maps (with a scale not less than 1:48,000) showing the location of all receiver lines, energy source lines and any shotholes. Shotholes encountering artesian flow shall be indicated on the map.
If the program included any shotholes, then the completion report shall be accompanied by the following:
(1) a certification by the party responsible for plugging the holes that all shotholes are plugged as prescribed by these rules and approved by the Director, and
(2) the latitude and longitude of each shothole location. Latitude and longitude values shall be referenced to the NAD 1927 and reported in decimal degrees to an accuracy of at least five (5) decimal places (e.g.; latitude 37.12345 N, longitude 104.45632 W), or reported in other form as approved by the Director. If GPS technology is utilized to determine the latitude and longitude, all GPS data shall meet the requirements set forth in Rule 303.c.(4)a. through d.
e. Bonding Requirements. The company submitting the Notice of Intent to Conduct Seismic Operations, Form 20, shall file financial assurance in accordance with Rule 705. prior to the commencement of operations. The bond shall remain in effect until a request is made by the company to release the bond for the following reasons:
(1) The shotholes have been properly plugged and abandoned, and source and receiver lines have been reclaimed in accordance with this Rule 333., and
(2) There are no outstanding complaints received from surface owners that have not been investigated by the Director and addressed as provided for in Rule 522.
f. Reclamation requirements. Upon completion of seismic operations the surface of the land shall be restored as nearly as practicable to its original condition at the commencement of seismic operations. Appropriate reclamation of disturbed areas will vary depending upon site specific conditions and may include compaction alleviation and revegetation. All flagging, stakes, cables, cement, mud sacks or other materials associated with seismic operations shall be removed.
334. PUBLIC HIGHWAYS AND ROADS
All persons subject to the Act and these rules and regulations while using public highways or roads shall be subject to the State Vehicles and Traffic Laws pursuant to Title 42, C.R.S. and the State Highway and Roads Laws, Title 43, C.R.S., pertaining to the use of public highways or roads within the state.
335. COGCC Form 15. EARTHEN PIT REPORT/PERMIT
A Pit Construction Report/Permit, Form 15, shall be submitted for approval by the Director in accordance with Rule 903.
336. COGCC Form 18. COMPLAINT FORM
Any party who wishes to file a complaint regarding oil and gas operations is encouraged to submit a Form 18. The Director shall investigate any complaint and determine what, if any, action shall be taken in accordance with Rule 522.
337. COGCC Form 19. SPILL/RELEASE REPORT
All spills and releases of E&P waste exceeding five (5) barrels shall be reported on a Spill/Release Report, Form 19. Form 19 shall be filed with the Director pursuant to the reporting requirements in Rule 906.
338. COGCC Form 24. SOIL ANALYSIS REPORT
Soil Analysis Report, Form 24, shall be submitted where soil composition data is required, in accordance with Rule 910.
339. COGCC Form 25. WATER ANALYSIS REPORT
Water Analysis Report, Form 25, shall be submitted where water quality data is required, in accordance with Rule 910.
340. COGCC Form 27. SITE INVESTIGATION AND REMEDIATION WORKPLAN
Site Investigation and Remediation Workplan, Form 27, shall be submitted when required in accordance with Rule 909.