Moncrief v. Wyoming Oil & Gas Conservation Commission

981 P.2d 913, 145 Oil & Gas Rep. 630, 1999 Wyo. LEXIS 93, 1999 WL 336070
Wyoming Supreme Court·Decided May 28, 1999·No. 98-245·Published·Cited by 2 cases

Opinion

MACY, Justice.

Appellant W.A. Moncrief, Jr. (Moncrief) petitioned for a review of the order in which Appellee Wyoming Oil and Gas Conservation Commission (the commission) approved the application filed by Appellee Barrett Resources Corporation (Barrett) for an order from the commission establishing a single 320-acre drilling and spacing unit. The district court certified the case to the Wyoming Supreme Court.

We affirm the commission’s order.

ISSUES

In his petition for review, Moncrief stated the following issues:

1. Whether under the provisions of the Wyoming Oil and Gas Conservation Commission Act, Wyo. Stat. Ann. § 30-5-101 et seq., the Decision is in excess of statutory and regulatory jurisdiction, contrary to law, lacking in statutory right, arbitrary, capricious, an abuse of discretion or otherwise not in accordance with law, and unsupported by substantial evidence in granting Barrett Resources Corporation’s application for the establishment of a 320-acre drilling and spacing unit for the Frontier, Muddy, Lakota, Sundance and Mom-son Formations'given the evidence submitted by Barrett Resources Corporation and the record of the proceeding before the [Wyoming Oil and Gas Conservation Commission].
2. Whether the Decision is in excess of statutory and regulatory jurisdiction, contrary to law, lacking in statutory right, arbitrary, capricious, an abuse of discretion or otherwise not in accordance with law, and unsupported by substantial evidence in finding, as required by Wyo. Stat. Ann. § 30 — 5—109(b), that 320 acres is “not smaller than the maximum area that can be efficiently drained by one well” drilled to each of the Frontier, Muddy, Lakota, Sundance and Morrison Formations given the evidence submitted by Barrett Resources Corporation and the record of the proceeding before the [Wyoming Oil and Gas Conservation Commission].

Moncrief defined the issues more specifically in his brief on appeal to state the following:

1. Did the Commission err in creating a 320-acre drilling unit for five separate hydrocarbon pools when the sole evidence by the applicant justifying the 320-acre size ... drilling unit requested consisted of a computer simulation which omitted entirely three of the five formations in question, erroneously included one formation not actually productive in the single well used to construct the computer simulation, did not include actual properties of one of the formations available to the modeler, and was otherwise not representative of the geology of the area under consideration and when other evidence before the Commission as to two of the five formations in question declared that 320 acres is smaller than the maximum area which can be efficiently drained by one well?
2. Is the Commission’s Decision in error in creating a 320-acre drilling unit when previously created drilling units for the same pools immediately adjacent to the requested 320-acre drilling unit are twice as large, thereby rendering the 320-acre drilling unit in question not of “approximately uniform size” as required by Wyo. Stat. Ann. 30-5-109(a)?
3. Is the Commission’s Decision imper-missibly based upon the vast sums of money being expended and proposed to be expended by Respondent Barrett in the area under consideration when compared to the slower and less densely drilled exploration pace suggested by Appellant and the other party to the proceeding below which would involve nominally one-half the drilling dollars proposed by the Respondent Barrett?

FACTS

In February of 1998, Barrett filed an application for an order establishing a 320-acre drilling and spacing unit on the east half of Section 19, Township 37 North, Range 86 West, 6th P.M., Natrona County, for the Frontier, Muddy, Lakota, Sundance, and Morrison Formations (subject formations). *915 Moncrief and Chevron U.S.A., Inc. (Chevron) objected to Barrett’s application.

The requested drilling and spacing unit was the fourth unit to be established for the subject formations in the Waltman Field (Cave Gulch Area). The first spacing unit, which was established on the south half of Section 29 and the north half of Section 32, covered 640 acres. The second spacing unit, which was established on the south half of Section 20 and the north half of Section 29, also covered 640 acres. The third spacing unit, which was a vertical 320-acre unit located west of and adjacent to the adjoining halves of the two 640-acre units, was established on the east half of Section 30. The drilling and spacing unit at issue in this appeal is a 320-acre vertical unit located directly north of the previously established 320-acre vertical unit. The following map depicts the spacing units which have been established in the Waltman Field:

[[Image here]]

A Portion of Township 37 North,

Range 86 West, 6th P.M., Natrona County, Wyoming

The commission heard this matter on March 10, 1998, and approved Barrett’s application, reserving jurisdiction to take additional action as it deemed necessary and proper. Moncrief filed a petition in the district court for a review of the commission’s order, and the district court certified the case to the Wyoming Supreme Court pursuant to W.R.A.P. 12.09(b).

STANDARD OF REVIEW

When we are reviewing cases that have been certified to us pursuant to W.R.A.P. 12.09(b), we apply the appellate standards which are applicable to a reviewing court of the first instance. Weaver v. Cost Cutters, 953 P.2d 851, 854 (Wyo.1998). W.R.A.P. 12.09(a) limits judicial review of administrative decisions to a determination of the matters specified in Wyo. Stat. Ann. § 16-3-114(c) (Michie 1997).

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Moncrief v. Wyoming Oil & Gas Conservation Commission, 981 P.2d 913, 145 Oil & Gas Rep. 630, 1999 Wyo. LEXIS 93, 1999 WL 336070 (Wyo. 1999).

981 P.2d 913 (Moncrief v. Wyoming Oil & Gas Conservation Commission) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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