Code of Colorado Regulations
400 - Department of Natural Resources
404 - Oil and Gas Conservation Commission
2 CCR 404-1 - PRACTICE AND PROCEDURE
Section 209 - TESTS AND SURVEYS

Universal Citation: 2 CO Code Regs 404-1 ยง 209

Current through Register Vol. 47, No. 17, September 10, 2024

a. Tests and Surveys. When deemed necessary and reasonable, the Commission authorizes the Director to require that tests or surveys be made to protect and minimize adverse impacts to public health, safety, welfare, the environment, and wildlife resources. If the Commission's Rules do not provide a timeline for conducting the test or survey, the Director will designate the time allowed to the Operator for compliance.

b. If the Director requires an Operator to take action pursuant to Rules 209.a or 218.g, the Operator may appeal the Director's decision to the Commission pursuant to Rule 503.g.(10). The matter will not be assigned to an Administrative Law Judge pursuant to Rule 503.h. The Commission will hear the appeal at its next regularly scheduled meeting. Operators will continue to comply with any requirements identified by the Director pursuant to Rule 209.a until the Commission makes a decision on the appeal. The Commission may uphold the Director's decision if the Commission determines the Director had reasonable cause to determine that an Operator's actions impacted or threatened to impact public health, safety, welfare, the environment, and wildlife resources, and that the action required by the Director was necessary and reasonable to address those impacts or threatened impacts. If an Operator does not appeal the Director's decision pursuant to this Rule 209.b, the Director will report the decision at the next regularly scheduled Commission hearing.

c. Bradenhead Test Areas.

(1) The Commission may approve specific Fields or portions of Fields as Bradenhead Test Areas.
A. The Director may propose specific Fields or portions of Fields as Bradenhead Test Areas by providing notice to all Operators on record within the area and by publication.

B. The proposed designation, if no protests are timely filed, will be placed upon the Commission consent agenda for the next regular meeting of the Commission following the month in which such notice was given. The Commission will hear the proposed designation pursuant to Rule 519.

C. If a protest is timely filed, the Commission will hear the proposed designation pursuant to the Commission's 500 Series Rules.

(2) The Commission order will describe the Bradenhead testing or monitoring required and become effective upon approval by the Commission unless the Commission orders otherwise.

Disclaimer: These regulations may not be the most recent version. Colorado may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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