Utah Administrative Code
Topic - Natural Resources
Title R649 - Oil, Gas and Mining; Oil and Gas
Rule R649-2 - General Rules
Section R649-2-9a - Notice of Unlocatable and Unidentified Owners
Universal Citation: UT Admin Code R 649-2-9a
Current through Bulletin 2024-18, September 15, 2024
1. Either an owner who is not identifiable, but may claim ownership by, through, or under the estate of a deceased owner of record, or an owner who is not locatable, may be determined by the board to be a "Nonconsenting owner" as defined under Section 40-6-2 if:
1.1. the operator, concurrent with the filing
of a request for agency action for compulsory pooling, files with the board an
ex parte motion for notice by publication in a newspaper of general circulation
in the county where the well is located for two consecutive weeks prior to the
hearing date, which motion shall be accompanied by a proposed form of such
notice to be published, and an affidavit outlining in sufficient detail the
operator's reasonable diligent and good faith efforts to identify and locate
such owners including at a minimum:
1.1.1. a
listing of any such owners; provided, if such owners are unknown, then
identifying them as parties not already leased or participating in the well at
issue and claiming by, through or under the estate of the deceased owner of
record;
1.1.2. the name, address,
email address and telephone number of a contact person for the operator to
respond to the notice; and
1.1.3.
any information set forth in notice of opportunity to participate, in lieu of
an AFE and a JOA, a statement that an AFE for the subject well and a proposed
JOA agreement shall be provided by the operator to the owner if a response to
the notice is received before the hearing;
1.2. the board finds the operator has
exercised such reasonable, diligent and good faith efforts to identify and
locate such owners and further finds the proposed form of notice is acceptable,
and issues an order granting the motion, and proof of such publication is
supplied by said newspaper publisher and filed with the board; and
1.3. no response, either agreeing to lease or
to otherwise participate in the subject well, is received by the operator from
any such owner prior to the hearing.
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