(a) The
Department may allow an exception to the spacing order to vary the minimum
distance from the boundary line upon which a well on a given unit may be
drilled, upon proof that one of the following circumstances exist:
(1) To take into consideration wells drilled
or being drilled at the time the application is filed for a spacing
order.
(2) If the Department finds
after notice and hearing that a well drilled within the minimum distance
prescribed in the spacing order would not be likely to produce in paying
quantities.
(3) If the Department
finds after notice and hearing that the well drilled at or more than the
specified minimum distance from the boundary of the spacing unit will encounter
surface conditions which would substantially add to the burden or hazards of
drilling the well.
(4) If the
operators are prevented from drilling within the area permitted by the order
because the Department has prohibited a location within the area because of
objections by coal operators.
(b) In granting an exception to the spacing
order to permit drilling at less than the minimum distance from the boundary
line of the spacing unit, the Department may restrict the production from the
well so that each person entitled thereto in the spacing units does not produce
or receive more than his just and equitable share of the production. If the
Department finds that the production should be restricted, it will make or
cause to be made tests of the well to determine its average production and will
require meter charts, production histories, or other records as it may deem
necessary or advisable to determine that the well is producing in the manner
required by order of the Department.
Notes
The
provisions of this § 79.26 adopted August 12, 1971, effective
8/13/1971, 1 Pa.B. 1726; amended
July 28, 1989, effective 7/29/1989, 19 Pa.B.
3229.
The provisions of this § 79.26 amended under the
Oil and Gas Act (58 P. S. §§
601.101-601.605); the Coal and Gas
Resource Coordination Act (58 P. S. §§
501-518); the Oil and Gas
Conservation Law (58 P. S. §§
401-419); Article XIX-A of The
Administrative Code of 1929 (71 P. S. §§ 510-1-510-108); The Clean
Streams Law (35 P. S. §§
691.1-691.1001); and the Solid
Waste Management Act (35 P. S. §§
6018.101-6018.1003).
This section cited in 25 Pa. Code §
79.28 (relating to issuance of
drilling permit).
