Code of Colorado Regulations
400 - Department of Natural Resources
404 - Oil and Gas Conservation Commission
2 CCR 404-1 - PRACTICE AND PROCEDURE
Section 505 - EVIDENCE IN SUPPORT OF AN APPLICATION
Current through Register Vol. 47, No. 17, September 10, 2024
Applicants seeking relief under Rules 503.g.(1)-(3) & (8)-(9) will submit the documents described in Rules 505.a-e below to the Commission with its application. The Commission, Administrative Law Judge, or Hearing Officer will determine if additional evidence is needed on a case-by-case basis. If the application lacks sufficient information or evidence, the application may be continued at the Commission, Administrative Law Judge, or Hearing Officer's discretion.
a. Sworn written testimony, of relevant witnesses verifying land, geologic, engineering, public health, safety, welfare, the environment, and wildlife facts, or such other facts and testimony as may be required by the Commission's Rules. Geologic and engineering written testimony are only required for applications made pursuant to Rules 503.g.(1)-(3) & (8), except for statutory pooling applications filed pursuant to Rule 503.g.(3), Such testimony will be accompanied by attachments or exhibits that adequately support and are specific to the relief requested in the application, along with resumes/curricula vitae for each witness.
b. A statement, signed under oath, from a person having knowledge of the stated facts, attesting to the facts stated in the written testimony and any attachments or exhibits. The sworn statement need not be notarized, but it will contain language indicating that the signatory is affirming that submitted testimony and supporting documents are true and correct to the best of the signatory's knowledge and belief and, if applicable, that they were prepared by the signatory or under the signatory's supervision.
c. A sworn statement that is a summary of the testimony to support the relief requested in the application, including a request to take administrative notice of repetitive general, technical, or scientific evidence, where appropriate.
d. 1 set of exhibits which will contain relevant highlights in bullet-point format on each exhibit.
e. A draft proposed order, if requested by the Administrative Law Judge or Hearing Officer, with findings of fact and conclusions of law related to land, geology, engineering, public health, safety, welfare, the environment and wildlife, and other appropriate subjects to support the relief requested in the application. Geologic and engineering evidence are not required for a Rule 503.g.(3) order. Reference to testimony, exhibits, and previous Commission orders will be included as findings in the draft proposed order.
f. No sworn testimony is required to support an application under Rules 503.g.(11), but the Commission, Administrative Law Judge, or Hearing Officer may require an Applicant or other party to a Financial Assurance hearing to submit sworn testimony or other evidence as necessary during the course of proceedings.
g. The Director or a Relevant Local Government filing an application to Plug and Abandon a Well or close an Oil and Gas Location pursuant to Rule 503.g.(12) need not submit sworn testimony with its hearing application but will submit all evidence necessary to support the basis for its application pursuant to Rule 211.
