Or. Admin. Code § 632-010-0157 - Exceptions to Special Rules
(1) The board may grant exception to special
rules after holding a hearing, when necessary, on the basis of geology,
productivity, topography, or environmental protection.
(2) Before granting an exception for a well
proposed within the setback distance set forth in a special rule, the
department will notify mineral owners in the spacing unit where the well is
proposed to be drilled and in the adjacent spacing unit(s) within the setback
distance. A mineral owner may request a hearing by the board to consider the
application. The owner must request hearing within 20 days of the date of the
department notice or waive the right to one. If no written request for a
hearing is made, the department may issue a permit for the proposed well. If
the applicant is the only mineral owner in the adjacent spacing units, or has
leased the right to drill from the mineral owner(s) in the adjacent spacing
units, and has obtained a written waiver from these mineral owners to allow the
drilling, the department may approve the application immediately.
(3) If a mineral rights owner submits a
written request for a hearing, it will be held within 30 days of receipt of
request, provided the request is made within the 20-day period specified in
section (2) of this rule. A mineral owner must request hearing within 20 days
or waive the right to one. Any order by the department or board granting an
exception to special rules under this rule will include provisions to prevent
the production from the proposed well in excess of its just and equitable share
of oil and/or gas in the pool.
(4)
If a permittee proposes to change the planned location of a well, such that it
will not comply with the setback distances in a special rule, an exception
necessary for the permit to remain valid may be granted according to the
process above.
(5) Whenever a
uniform spacing plan has been prescribed for any pool, exceptions may be
permitted if the board finds, after notice and hearing, that conditions within
the pool are such that the special rules would be impracticable.
Notes
Stat. Auth.: ORS 516.090, 520.095, 522.019, 522.305, 522.405, 522.434 & 522.545
Stats. Implemented: ORS 520.095
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