(d) Intentional deviation of
wells.
(1) Definitions.
(A) Directional deviation--The intentional
deviation of a well from vertical in a predetermined compass
direction.
(B) Random
deviation--The intentional deviation of a well without regard to compass
direction for one of the following reasons:
(i) to straighten a hole which has become
crooked in the normal course of drilling;
(ii) to sidetrack a portion of a hole because
of mechanical difficulty in drilling.
(2) When permitted.
(A) Directional deviation. A permit for
directionally deviating a well may be granted by the commission:
(i) for the purpose of seeking to reach and
control another well which is out of control or threatens to evade
control;
(ii) where conditions on
the surface of the ground prevent or unduly complicate the drilling of a well
at a regular location;
(iii) where
conditions are encountered underground which prevent or unduly hinder the
normal completion of the well;
(iv)
where it can be shown to be advantageous from the standpoint of mechanical
operation to drill more than one well from the same surface location to reach
the productive horizon at essentially the same positions as would be reached if
the several wells were normally drilled from regular locations prescribed by
the well spacing rules in effect;
(v) for the purpose of drilling a horizontal
drainhole; or
(vi) for other
reasons found by the commission to be sufficient after notice and
hearing.
(B) Random
deviation. Permission for the random deviation of a well may be granted by the
commission whenever the necessity for such deviation is shown, as prescribed in
paragraph (3)(C) of this subsection.
(3) Applications for deviation.
(A) Applications for wells to be
directionally deviated must specify on the application to drill both the
surface location of the well and the projected bottom hole location of the
well. On the plat, in addition to the plat requirements provided for in §
RSA
3.5 of this title (relating to Application to
Drill, Deepen, Reenter, or Plug Back) (Statewide Rule 5), the following shall
be included:
(i) two perpendicular lines
providing the distance in feet from the projected bottomhole location, rather
than the surface location, to the nearest points on the lease, pooled unit, or
unitized tract line. If there is an unleased interest in a tract of the pooled
unit or unitized tract that is nearer than the pooled unit or unitized tract
line, the nearest point on that unleased tract boundary shall be
used;
(ii) a line providing the
distance in feet from the projected bottomhole location to the nearest point on
the lease line, pooled unit line, or unitized tract line. If there is an
unleased interest in a tract of the pooled unit that is nearer than the pooled
unit line, the nearest point on that unleased tract boundary shall be
used;
(iii) a line providing the
distance in feet from the projected bottomhole location, rather than the
surface location, to the nearest oil, gas, or oil and gas well, identified by
number, applied for, permitted, or completed in the same lease, pooled unit, or
unitized tract and in the same field and reservoir; and
(iv) perpendicular lines providing the
distance in feet from the two nearest non-parallel survey/section lines to the
projected bottomhole location.
(B) If the necessity for directional
deviation arises unexpectedly after drilling has begun, the operator shall give
written notice by letter or telegram of such necessity to the appropriate
district office and to the commission office in Austin, and upon giving such
notice, the operator may proceed with the directional deviation. The commission
may, at its discretion, accept written notice electronically transmitted. If
the operator proceeds with the drilling of a deviated well under such
circumstances, he proceeds at his own risk. Before any allowable shall be
assigned to such well, a permit for the subsurface location of each completion
interval shall be obtained from the commission under the provisions set out in
the commission rules. However, should the operator fail to show good and
sufficient cause for such deviation, no permit will be granted for the
well.
(C) If the necessity for
random deviation arises unexpectedly after the drilling has begun, the operator
shall give written notice by letter or telegram of such necessity to the
appropriate district office and to the commission office in Austin, and, upon
giving such notice, the operator may proceed with the random deviation, subject
to compliance with the provisions of this section on inclination surveys. The
commission may, at its discretion, accept written notice electronically
transmitted.