055-5 Wyo. Code R. §§ 5-15 - Operations Which May be Approved Administratively; Notice

(a) In cases in which the applicant requests approval of an operation, which under the statutes or the rules of the Commission may be approved by the Supervisor as an administrative matter (including but not limited to horizontal well applications, exception location applications, or surface commingling applications), the applicant shall file one (1) copy of the application with the Commission. Injection well permit applications require an original and seven (7) copies of the application. Applications shall set forth all material facts involved including any specific information required by the rule or statute authorizing administrative approval of the operation.

(b) In addition to any other notice required by the statute or these rules, the applicant shall notify those owners within one-half (1/2) mile from the well or wells in which such operation is to be undertaken. The applicant requesting an exception to the well location requirements give notice as required by Wyo. Stat Ann. § 30-5-109(c)(ii). The notice to be given by applicant shall be by mail (which mailing shall be by registered or certified mail where so required by statute or these rules) and shall set forth the nature of the application and the lands thereby affected. Proof of the mailing of such notice shall be by affidavit, which shall contain a list of names and addresses of all parties given notice by the applicant, and such affidavit must be filed with the Supervisor before any action is taken on the application.

(c) The operation proposed in the application shall be approved by the Supervisor administratively and without hearing unless:

(i) The applicant requests a hearing; or

(ii) A written objection to the application by an interested person entitled under these rules or by statute to receive notice by mail of the filing of the application, is filed with the Supervisor within fifteen (15) days after the required mailing is shown to have been made. Provided, that if there are filed with the Supervisor written consents to the application from all such persons otherwise entitled to notice by mail of the filing thereof, said Supervisor may immediately approve the application without awaiting the expiration of said fifteen (15) day period; or

(iii) The Supervisor in his discretion is of the opinion that a hearing is necessary or desirable; or

(iv) The Supervisor determines that the application should not be approved. If the application is not approved, the Supervisor shall promptly advise the applicant and state the reasons therefore.

(d) If any such written objections to such application are properly filed, as provided above, or if the Supervisor determines that a hearing is necessary or desirable or, if the applicant requests a hearing, the application shall be set for hearing and notice of the time, place and purpose of the hearing shall be given by the applicant to all owners to whom the applicant gave notice of the filing of the application at least ten (10) days before the date of such hearing. Such notice shall be by registered or certified mail with return receipt requested.

Notes

055-5 Wyo. Code R. §§ 5-15

Amended, Eff. 1/22/2018. Amended, Eff. 6/22/2022.