serving 2013-04-07 through 2013-04-14
BEFORE THE BOARD OF OIL, GAS AND MINING DEPARTMENT OF NATURAL RESOURCES STATE OF UTAH IN THE MATTER OF THE REQUEST FOR AGENCY ACTION OF NEWFIELD NOTICE OF OPPORTUNITY PRODUCTION COMPANY FOR AN TO LEASE OR PARTICPATE ORDER POOLING ALL INTERESTS IN IN OIL AND GAS WELLS FIVE DRILLING UNITS ESTABLISHED BY THE BOARD'S ORDERS ENTERED AND IN CAUSES NOS. 131-51, 139-8, AND 139-90 IN SECTION 7, TOWNSHIP SUPPLEMENTAL NOTICE OF 3 SOUTH, RANGE 1 WEST, SECTION 27, REQUEST FOR AGENCY ACTION TOWNSHIP 3 SOUTH, RANGE 2 WEST, AND SECTIONS 17, 20, AND 29, Docket No. 2013-014 TOWNSHIP 3 SOUTH, RANGE 3 WEST, Cause No. 139-104 U.S.M., DUCHESNE COUNTY, UTAH NEWFIELD PRODUCTION COMPANY TO: The heirs of Morris Lister Peterson; the heirs of Ada Peterson Fenn; the heirs of Betty Lou Foster (as an heir of Ada Peterson Fenn), including without limitation Kathy Doreen Foster; the heirs of Lloyd Fenn (as an heir of Ada Peterson Fenn), including without limitation Laurie Fenn Miller, Kenneth Lloyd Fenn, Brent R. Fenn, and Paula Fenn Atteburg; the heirs of Bonnie Dean (as an heir of Ada Peterson Fenn), including without limitation Imogene Caperton Dean, Susan Johnston, Marcus Dean, Lloyd Dean, Jason Dean, and the heirs and devisees of Amy Wallace; and the heirs of Glenda Oakden, including without limitation Rochelle Gallegos, and all other persons claiming any right, title, or interest in or to the oil and gas produced from any reservoirs beneath the property described herein and in the Request for Agency Action filed in the above-entitled matter, or to the right to drill into, produce from, or appropriate such oil or gas. Notice is hereby given that the Board of Oil, Gas and Mining ("Board"), State of Utah, has designated a hearing examiner in this Cause who will conduct a hearing on Wednesday, May 15, 2013, at 1:30 p.m., or as soon as possible thereafter, in Room 112 of the Department of Natural Resources, 1594 West North Temple, Salt Lake City, Utah, and also, that the Board will consider the hearing examiner's proposed findings of fact and conclusions of law based on that hearing at the Board's regularly scheduled hearing on May 30, 2013, at 9:00 a.m., or as soon as possible thereafter, in the Multipurpose Room at the Uintah Basin Applied Technology College, 1100 East Lagoon Street, Roosevelt, Utah. A hearing was held on April 25, 2012, wherein the Board heard testimony and evidence concerning Newfield Production Company's ("Newfield") March 8, 2012 Request for Agency Action. At the hearing the Board ordered the entry of an order (the "Spacing Order") establishing and/or modifying sectional (640-acre or equivalent) drilling units for the production of oil, gas, and other hydrocarbons from the Green River and Wasatch formations underlying the lands located in all of Section 27, Township 3 South, Range 2 West, U.S.M., Duchesne County, Utah (the "Subject Lands"), among other lands. On April 3, 2013, Newfield filed another Request for Agency Action seeking to: (1) force pool the interests of certain non-consenting and non-locatable owners of the oil and gas minerals in the Spaced Intervals (as described in the Spacing Order) beneath the Subject Lands; (2) establish the average weighted royalty payments to such owners and the costs of plugging and abandoning certain identified wells; and (3) impose a non-consent penalty of 300% of any non-consenting owner's share of the costs of staking the location, wellsite preparation, rights-of-way, rigging up, drilling, reworking, recompleting, deepening or plugging back, testing and completing each identified well, including the cost of equipment in the well to and including the wellhead connections, as just and reasonable compensation to the consenting owners. This Notice is being published at the direction of the Board to complete notice to the non-locatable parties listed herein, whose whereabouts cannot be ascertained through reasonable diligence. The hearings in this Cause will be conducted as formal administrative adjudications in accordance with the rules of the Board as set forth in Utah Administrative Code Rules R641 et seq. as provided for by Utah Code Ann. § 63G-4-101 through 601. One of the purposes of the hearing examiner's May 15, 2013 hearing and the Board's May 30, 2013 proceeding will be for the Board to give any non-locatable party listed herein an opportunity to respond to Newfield's April 3, 2013 Request for Agency Action, and in particular, its request to force pool all non-consenting and non-locatable mineral interest owners who own interests in the oil and gas minerals in the Spaced Intervals beneath the Subject Lands. The heirs of Morris Lister Peterson; the heirs of Ada Peterson Fenn; the heirs of Betty Lou Foster (as an heir of Ada Peterson Fenn), including without limitation Kathy Doreen Foster; the heirs of Lloyd Fenn (as an heir of Ada Peterson Fenn), including without limitation Laurie Fenn Miller, Kenneth Lloyd Fenn, Brent R. Fenn, and Paula Fenn Atteburg; the heirs of Bonnie Dean (as an heir of Ada Peterson Fenn), including without limitation Imogene Caperton Dean, Susan Johnston, Marcus Dean, Lloyd Dean, Jason Dean, and the heirs and devisees of Amy Wallace; and the heirs of Glenda Oakden, including without limitation Rochelle Gallegos, and all other persons claiming any right, title, or interest in or to the oil and gas produced from any reservoirs beneath the property described herein should contact Newfield at (303) 893-0102, or at Newfield Production Company, 1001 Seventeenth Street, Suite 2000, Denver, Colorado 80202, Attention: Ryan Waller, regarding the opportunity to lease. Additionally, each of the owners named in this paragraph and all other persons claiming any right, title, or interest in or to the oil and gas produced from the Spaced Intervals beneath the property described herein, or to the right to drill into, produce from, or appropriate such oil or gas, has the opportunity to participate in the following well located on the Subject Lands by entering a joint operating agreement and by paying their portion of the costs of drilling and completing the well pertaining to their ownership interest: O.N. Moon #1-27-3-2W (located in subject Section 27) (the "Subject Well"). The Subject Well is located within a sectional (640-acre or equivalent) drilling unit established and/or modified by the Board at the April 25, 2012 hearing. For information on leasing your interest or participating in the well, or for any other questions, you should contact Newfield as provided above or through its undersigned counsel. Failure to respond to the April 3, 2013 Request for Agency Action or to participate in the Subject Well by entering into a lease or by paying its share of the drilling and completing costs for a well, will result in such non-participating owner being deemed a non-consenting owner, and therefore, subject to force pooling and a possible non-consent penalty of up to 300% that may be imposed by the Board at the May 30, 2013 hearing. Objections to this matter shall be filed with the Secretary of the Board at the address listed below no later than May 14, 2013. Objections filed later may be considered by the Board at or before the regularly scheduled hearing for good cause shown. A party must file a timely written objection or other response in order to participate as a party at the Board hearing. Natural persons may appear and represent themselves before the Board. All other representation by parties before the Board will be by attorneys licensed to practice law in the State of Utah, or attorneys licensed to practice law in another jurisdiction which meets the rules of the Utah State Bar for practicing before the Utah Courts. Attorney representation may be waived by the Board upon petition and good cause shown. Persons interested in this matter may participate pursuant to the procedural rules of the Board. The April 3, 2013 Request for Agency Action, and any subsequent pleadings may be inspected at the office of the Secretary to the Board, 1594 West North Temple, Suite 1210, Salt Lake City, Utah 84116 ((801)-538-5277), or copies obtained by contacting Petitioner's counsel Thomas W. Clawson at the address and telephone number listed below. A party who fails to attend or participate in the hearing may be held in default. Pursuant to the Americans with Disabilities Act, persons requiring auxiliary communicative aids and services to enable them to participate in this hearing should call Julie Ann Carter at (801) 538-5277, at least three working days prior to the hearing date. Dated this 4th day of April, 2013. VANCOTT, BAGLEY, CORNWALL & McCARTHY By: /s/ Thomas W. Clawson 36 South State Street, Suite 1900 Salt Lake City, Utah 84111 (801) 532-3333 871031 UPAXLP
BEFORE THE BOARD OF OIL, GAS AND MINING DEPARTMENT OF NATURAL RESOURCES STATE OF UTAH IN THE MATTER OF THE REQUEST FOR AGENCY ACTION OF NEWFIELD NOTICE OF OPPORTUNITY PRODUCTION COMPANY FOR AN TO LEASE OR PARTICPATE ORDER POOLING ALL INTERESTS IN IN OIL AND GAS WELLS FIVE DRILLING UNITS ESTABLISHED BY THE BOARD'S ORDERS ENTERED AND IN CAUSES NOS. 131-51, 139-8, AND 139-90 IN SECTION 7, TOWNSHIP SUPPLEMENTAL NOTICE OF 3 SOUTH, RANGE 1 WEST, SECTION 27, REQUEST FOR AGENCY ACTION TOWNSHIP 3 SOUTH, RANGE 2 WEST, AND SECTIONS 17, 20, AND 29, Docket No. 2013-014 TOWNSHIP 3 SOUTH, RANGE 3 WEST, Cause No. 139-104 U.S.M., DUCHESNE COUNTY, UTAH NEWFIELD PRODUCTION COMPANY TO: The heirs of Morris Lister Peterson; the heirs of Ada Peterson Fenn; the heirs of Betty Lou Foster (as an heir of Ada Peterson Fenn), including without limitation Kathy Doreen Foster; the heirs of Lloyd Fenn (as an heir of Ada Peterson Fenn), including without limitation Laurie Fenn Miller, Kenneth Lloyd Fenn, Brent R. Fenn, and Paula Fenn Atteburg; the heirs of Bonnie Dean (as an heir of Ada Peterson Fenn), including without limitation Imogene Caperton Dean, Susan Johnston, Marcus Dean, Lloyd Dean, Jason Dean, and the heirs and devisees of Amy Wallace; and the heirs of Glenda Oakden, including without limitation Rochelle Gallegos, and all other persons claiming any right, title, or interest in or to the oil and gas produced from any reservoirs beneath the property described herein and in the Request for Agency Action filed in the above-entitled matter, or to the right to drill into, produce from, or appropriate such oil or gas. Notice is hereby given that the Board of Oil, Gas and Mining ("Board"), State of Utah, has designated a hearing examiner in this Cause who will conduct a hearing on Wednesday, May 15, 2013, at 1:30 p.m., or as soon as possible thereafter, in Room 112 of the Department of Natural Resources, 1594 West North Temple, Salt Lake City, Utah, and also, that the Board will consider the hearing examiner's proposed findings of fact and conclusions of law based on that hearing at the Board's regularly scheduled hearing on May 30, 2013, at 9:00 a.m., or as soon as possible thereafter, in the Multipurpose Room at the Uintah Basin Applied Technology College, 1100 East Lagoon Street, Roosevelt, Utah. A hearing was held on April 25, 2012, wherein the Board heard testimony and evidence concerning Newfield Production Company's ("Newfield") March 8, 2012 Request for Agency Action. At the hearing the Board ordered the entry of an order (the "Spacing Order") establishing and/or modifying sectional (640-acre or equivalent) drilling units for the production of oil, gas, and other hydrocarbons from the Green River and Wasatch formations underlying the lands located in all of Section 27, Township 3 South, Range 2 West, U.S.M., Duchesne County, Utah (the "Subject Lands"), among other lands. On April 3, 2013, Newfield filed another Request for Agency Action seeking to: (1) force pool the interests of certain non-consenting and non-locatable owners of the oil and gas minerals in the Spaced Intervals (as described in the Spacing Order) beneath the Subject Lands; (2) establish the average weighted royalty payments to such owners and the costs of plugging and abandoning certain identified wells; and (3) impose a non-consent penalty of 300% of any non-consenting owner's share of the costs of staking the location, wellsite preparation, rights-of-way, rigging up, drilling, reworking, recompleting, deepening or plugging back, testing and completing each identified well, including the cost of equipment in the well to and including the wellhead connections, as just and reasonable compensation to the consenting owners. This Notice is being published at the direction of the Board to complete notice to the non-locatable parties listed herein, whose whereabouts cannot be ascertained through reasonable diligence. The hearings in this Cause will be conducted as formal administrative adjudications in accordance with the rules of the Board as set forth in Utah Administrative Code Rules R641 et seq. as provided for by Utah Code Ann. § 63G-4-101 through 601. One of the purposes of the hearing examiner's May 15, 2013 hearing and the Board's May 30, 2013 proceeding will be for the Board to give any non-locatable party listed herein an opportunity to respond to Newfield's April 3, 2013 Request for Agency Action, and in particular, its request to force pool all non-consenting and non-locatable mineral interest owners who own interests in the oil and gas minerals in the Spaced Intervals beneath the Subject Lands. The heirs of Morris Lister Peterson; the heirs of Ada Peterson Fenn; the heirs of Betty Lou Foster (as an heir of Ada Peterson Fenn), including without limitation Kathy Doreen Foster; the heirs of Lloyd Fenn (as an heir of Ada Peterson Fenn), including without limitation Laurie Fenn Miller, Kenneth Lloyd Fenn, Brent R. Fenn, and Paula Fenn Atteburg; the heirs of Bonnie Dean (as an heir of Ada Peterson Fenn), including without limitation Imogene Caperton Dean, Susan Johnston, Marcus Dean, Lloyd Dean, Jason Dean, and the heirs and devisees of Amy Wallace; and the heirs of Glenda Oakden, including without limitation Rochelle Gallegos, and all other persons claiming any right, title, or interest in or to the oil and gas produced from any reservoirs beneath the property described herein should contact Newfield at (303) 893-0102, or at Newfield Production Company, 1001 Seventeenth Street, Suite 2000, Denver, Colorado 80202, Attention: Ryan Waller, regarding the opportunity to lease. Additionally, each of the owners named in this paragraph and all other persons claiming any right, title, or interest in or to the oil and gas produced from the Spaced Intervals beneath the property described herein, or to the right to drill into, produce from, or appropriate such oil or gas, has the opportunity to participate in the following well located on the Subject Lands by entering a joint operating agreement and by paying their portion of the costs of drilling and completing the well pertaining to their ownership interest: O.N. Moon #1-27-3-2W (located in subject Section 27) (the "Subject Well"). The Subject Well is located within a sectional (640-acre or equivalent) drilling unit established and/or modified by the Board at the April 25, 2012 hearing. For information on leasing your interest or participating in the well, or for any other questions, you should contact Newfield as provided above or through its undersigned counsel. Failure to respond to the April 3, 2013 Request for Agency Action or to participate in the Subject Well by entering into a lease or by paying its share of the drilling and completing costs for a well, will result in such non-participating owner being deemed a non-consenting owner, and therefore, subject to force pooling and a possible non-consent penalty of up to 300% that may be imposed by the Board at the May 30, 2013 hearing. Objections to this matter shall be filed with the Secretary of the Board at the address listed below no later than May 14, 2013. Objections filed later may be considered by the Board at or before the regularly scheduled hearing for good cause shown. A party must file a timely written objection or other response in order to participate as a party at the Board hearing. Natural persons may appear and represent themselves before the Board. All other representation by parties before the Board will be by attorneys licensed to practice law in the State of Utah, or attorneys licensed to practice law in another jurisdiction which meets the rules of the Utah State Bar for practicing before the Utah Courts. Attorney representation may be waived by the Board upon petition and good cause shown. Persons interested in this matter may participate pursuant to the procedural rules of the Board. The April 3, 2013 Request for Agency Action, and any subsequent pleadings may be inspected at the office of the Secretary to the Board, 1594 West North Temple, Suite 1210, Salt Lake City, Utah 84116 ((801)-538-5277), or copies obtained by contacting Petitioner's counsel Thomas W. Clawson at the address and telephone number listed below. A party who fails to attend or participate in the hearing may be held in default. Pursuant to the Americans with Disabilities Act, persons requiring auxiliary communicative aids and services to enable them to participate in this hearing should call Julie Ann Carter at (801) 538-5277, at least three working days prior to the hearing date. Dated this 4th day of April, 2013. VANCOTT, BAGLEY, CORNWALL & McCARTHY By: /s/ Thomas W. Clawson 36 South State Street, Suite 1900 Salt Lake City, Utah 84111 (801) 532-3333 871031 UPAXLP