26 Miss. Code. R. 1-1.15 - AFFIDAVITS

(A) Where an application has been filed with the Board for authority to multiply complete or to tubingless complete an oil or gas well in connection with other surface or subsurface mechanical connections and installations and where legal notice of the hearing of said application has been given as required by law and the rules of the Board and where said application is not contested when called for hearing by the Board, then the Board may receive in evidence on said hearing affidavits, exhibits and duly executed Board forms as to the manner in which said multiple or tubingless completions are to be made, provided, however, that the Board has previously approved a similar completion for the field, pool or pools in question after a notice and hearing or witnesses in person.

(B) Where an application for an injection well and system has been filed with the Board and where legal notice has been given as required by law and the Board's rules and where said application is not contested when called for hearing, then affidavits, exhibits and Board forms may be received in evidence at the hearing as to the manner in which said injection well and system is to be completed and regardless of whether or not the Board has previously approved, after notice and hearing of witnesses, a similar application for the pool or field.

(C) Where an application for force integration of a drilling unit has been filed with the Board and when legal notice has been given as required by law and when said application is not contested when called for hearing, then affidavits, exhibits and Board forms may be received in evidence at the hearing. The Board reserves the right to reject any and all such affidavits and exhibits and to require the affiant or affiants to appear in person and testify at the hearing.

(D) Where an application for reformation of a regular drilling unit which complies in all respects with the existing Statewide Rules and Regulations into another unit which similarly complies, and where there is no change in ownership whereby any party would be adversely affected, and where no island acreage would be created thereby, when legal notice has been given as required by law and said application is not contested when called for hearing, then affidavits, exhibits and Board forms may be received in evidence at the hearing. The Board reserves the right to reject any and all such affidavits and exhibits and to require the affiant or affiants to appear in person and testify at the hearing.

(E) Where an application for the directional drilling of a well for topographic reason(s) which encounters the pay zone(s) at a regular location within a regular unit has been filed with the Board and when legal notice has been given as required by law and when said application is not contested when called for hearing, then affidavits, exhibits and Board forms may be received in evidence at the hearing. The Board reserves the right to reject any and all such affidavits and exhibits and to require the affiant or affiants to appear in person and testify at the hearing.

(F) Where an application for an exception location on a regular unit for reason(s) of topographic and/or surface obstructions has been filed with the Board and when legal notice has been given as required by law and when said application is not contested when called for hearing, then affidavits, exhibits and Board forms may be received in evidence at the hearing. The Board reserves the right to reject any and all such affidavits and exhibits and to require the affiant or affiants to appear in person and testify at the hearing.

(G) Where an application for the surface commingling where the ownership is the same for each well has been filed with the Board and when legal notice has been given as required by law and when said application is not contested when called for hearing, then affidavits, exhibits and Board forms may be received in evidence at the hearing. The Board reserves the right to reject any and all such affidavits and exhibits and to require the affiant or affiants to appear in person and testify at the hearing.

(H) In all other non-contested matters or in contested matters where those parties who appear in person at the hearing agree thereto, affidavits may be received in evidence. The Board reserves the right to reject any and all such affidavits and to require the affiant to appear in person.

(I) The following applies to the filing of affidavit in Rule 15. The party(ies) planning to submit a petition by affidavit shall file the original and three (3) copies of the affidavit with appropriate exhibits with the Board not later than 5 p.m. on Monday of the week which precedes the day of the Hearing. The original with the appropriate exhibits shall be filed with the Board Reporter upon the call of the docket for proper marking and entered into the record. All materials shall have the proper docket number upon each item. The original and three copies sent to the Board along with the proper exhibits shall not be held as confidential, unless such confidentiality is authorized under the provisions of the Miss. Public Records Act, Miss. Code Anno. Section 25-61-1, et seq. (1972), or other applicable statutes.

Notes

26 Miss. Code. R. 1-1.15

MCA Section 53-1-17(3) (1972)

Amended 6/19/2017