2 Colo. Code Regs. § 404-1-504
Current through Register Vol. 47, No. 20, October 25, 2024
Section 2 CCR 404-1-504 - NOTICE FOR HEARINGa.General Notice Provisions.(1) When any proceeding has been initiated, the Commission will require a copy of the application, together with a notice of such proceeding, to be provided to all persons specified in the relevant sections of Rules 504.b-f at least 60 days in advance of the noticed hearing date. Notice will be provided pursuant to the requirements of § 34-60-108(4), C.R.S., and will be drafted by the Secretary. A signed, electronic copy will be provided to the Applicant in sufficient time for delivery to those who require notice. The application and notice will be provided directly by the Applicant, using the Applicant's return address. The Applicant is responsible for service and publication of required notices, including any related costs. A. If the application is for an Oil and Gas Development Plan, the Operator will comply with the notice provisions of Rule 303.e prior to a hearing on the Oil and Gas Development Plan.(2) No later than 30 days before the noticed hearing date, the Applicant will submit to the Secretary: A. A certificate of service demonstrating that the Applicant served a copy of the application and notice on all persons entitled to notice pursuant to the Commission's Rules. The certificate of service will include a list of all persons who received a copy of the application and notice, including identification of mailed notices returned to the Applicant as undeliverable; andB. A notarized affidavit providing assurance that the Applicant published a copy of the notice in a newspaper of general circulation in the City and County of Denver and a newspaper of general circulation in the county where the land affected is situated, and the date of publication for each newspaper used. The Applicant is not required to submit a notarized proof of publication from the newspapers, or copies of the publications, unless a concern with publication is raised. Service of process by publication to unknown addresses will occur through five weeks of publication ending at the Rule 507 petition deadline, at least 30 days prior to the noticed hearing date.(3) The Secretary will give notice to any person who has filed a request to be placed on the Commission's general email notification list. Notice by publication or notice provided pursuant to the Commission's general email list does not confer interested party status on any person.(4) Notice by publication or notice by electronic mail provided pursuant to this subsection does not confer Affected Person status on any person.b.Notice for Specific Applications.(1)Applications for Oil and Gas Development Plans. Oil and Gas Development Plan applications will be served on all persons identified in Rules 303.d.(2) & 303.e.(1).(2)Applications related to Drilling Units. For purposes of applications for drilling units, additional Wells within existing drilling units, or other applications for modifications of, or exceptions to, existing drilling unit orders but not including applications subject to Rule 504.b.(6), the application and notice will be served on the leasehold interest owners and any unleased mineral Owners within the proposed drilling unit or within the existing drilling unit to be affected by the applications. The persons identified in Rule 303.d.(2) will also receive notice of such an application.(3)Applications for Involuntary Pooling. For purposes of applications for involuntary pooling orders made pursuant to § 34-60-116, C.R.S., the application and notice will be served on those persons who own any interest in the mineral estate, whether leased or unleased, of the tracts to be pooled, except Owners of an overriding royalty interest.(4)Applications for Unitization. For purposes of applications for unitization made pursuant to § 34-60-118, C.R.S., the application and notice will be served on those persons who own any interest in the mineral estate underlying the tract or tracts to be unitized and the Owners within one-half mile of the tract or tracts to be unitized.(5)Applications Changing Certain Well Completion Setbacks. For purposes of applications that change the ordered minimum Well completion setbacks for Drilling and Spacing Unit boundaries, the application and notice will be served on those Owners of Cornering and Contiguous Units or tracts who may be affected by such change, provided that when the Applicant owns any interest covering such tract, the person who owns the mineral estate underlying the tract covered by such lease will also be notified.(6)Applications for Well Completion Exception. For purposes of applications for exceptions to Rules 401.a & b not granted pursuant to Rule 401.c, the application and notice will be served on the Owners of any Cornering and Contiguous Units or tracts upon which the Well completion location is encroaching, provided that when the Applicant owns any interest covering such tract or unit, the person who owns the mineral estate underlying the tract covered by such lease will also be notified.(7)Applications for Variances. For purposes of requesting a variance pursuant to Rule 502, the application and notice will be served on the Director and the Relevant Local Government. Upon review of the application, the Director may request, and the Secretary has discretion to require, that notice be served on any necessary person based on the person's potential legal interest or the potential impact of the variance. A necessary person may include but is not limited to a potentially impacted Governmental Agency, potentially impacted Surface Owner, or other potentially impacted person. For any variance requested as part of an application subject to Rules 504.b.(1)-(6), no additional notice will be required.(8)All Other Applications. For any application not specified in Rules 504.b.(1)-(7) or (9)- (11), the Secretary has discretion to determine who is entitled to receive the application and notice, based on legal interest and potential impact.(9)Orders Related to Violations. With respect to the resolution of an NOAV, the application and notice will be provided to a relevant complainant (if any), to the alleged violator or alleged Responsible Party, or Operator, as applicable, and by publication pursuant to § 34-60-108(4), C.R.S.(10)Financial Assurance Hearings.A. If an Operator seeks a Financial Assurance hearing pursuant to Rules 434.d.(8).C, 701.b, 702.b, 703.b.(1).A, 703.d.(2).C, 706.e, 707.a.(1).E, or 707.b.(1), the Operator will serve the application and notice on the Director. For a Financial Assurance hearing pursuant to Rule 702.b, an Operator will also notify the Relevant Local Government if the Financial Assurance Plan includes Wells within its jurisdiction. If a Buying Operator seeks a Financial Assurance Hearing pursuant to Rule 218.b.(5).D, the Buying Operator will also serve the application and notice on the Selling Operator. If a Selling Operator seeks a Financial Assurance Hearing pursuant to Rule 218.b.(5).D, the Selling Operator will also serve the application and notice on the Buying Operator.B. If the Commission initiates a Financial Assurance hearing on its own motion pursuant to Rule 503.a or 707.b, the Secretary will provide notice to the Operator.C. If the Director initiates a Financial Assurance hearing pursuant to Rules 218.b.(5).D, 218.i.(2), 434.d.(8).B.ii, 706.b, or 707.a.(2), the Secretary will provide notice to the Operator. For hearings to call Surety Bonds and Letters of Credit, or to foreclose on any liens or other assets pursuant to Rules 218.i.(2) & 706.b.(2).B-C, the Secretary will also provide notice to the third-party provider of the Financial Assurance being called or foreclosed upon.D. If a Surface Owner initiates a Financial Assurance hearing pursuant to Rule 704.b, the Surface Owner will provide notice to the Operator and the Director.E. If a third-party provider of Financial Assurance initiates a Financial Assurance hearing pursuant to Rule 706.c.(1), the third-party provider of Financial Assurance will provide notice to the Director.(11)Well or Location Closure Hearings.A. If the Director initiates a Well or Location Closure hearing pursuant to Rule 211, the Secretary will provide notice to the Operator.B. If the Relevant Local Government or Surface Owner initiates a Well or Location Closure hearing pursuant to Rule 211, the Applicant will provide notice to the Operator and the Director.c.Notice to the Colorado State Board of Land Commissioners. The application and notice will also be given to the Colorado State Board of Land Commissioners for all applications where the Colorado State Board of Land Commissioners maintains a mineral ownership included in the application lands.d.Notice to Colorado Parks and Wildlife. The application and notice will also be given to CPW for all applications where CPW maintains a mineral ownership included in the application lands.e.Notice to Tribal Governments. The application and notice will also be given to the Southern Ute Indian Tribe or the Ute Mountain Ute Tribe for all applications involving minerals within the exterior boundary of either tribe's reservation where both the surface and oil and gas estates are owned in fee by persons or entities other than the Tribe.f.Notice to the Bureau of Land Management. The application and notice will also be given to the Bureau of Land Management for all applications where the Bureau of Land Management maintains or manages a mineral or surface ownership included in the application lands.37 CR 16, August 25, 2014, effective 9/30/201438 CR 01, January 10, 2015, effective 2/14/201538 CR 03, February 10, 2015, effective 3/2/201538 CR 07, April 10, 2015, effective 4/30/201538 CR 16, August 25, 2015, effective 9/14/201539 CR 04, February 25, 2016, effective 3/16/201641 CR 05, March 10, 2018, effective 4/1/201841 CR 06, March 25, 2018, effective 5/1/201841 CR 23, December 10, 2018, effective 12/30/201842 CR 02, January 25, 2019, effective 2/14/201942 CR 17, September 10, 2019, effective 9/30/201942 CR 24, December 25, 2019, effective 1/14/202043 CR 17, September 10, 2020, effective 9/30/202043 CR 13, July 10, 2020, effective 11/2/202043 CR 24, December 25, 2020, effective 1/15/202145 CR 07, April 10, 2022, effective 4/30/202245 CR 09, May 10, 2022, effective 5/30/202245 CR 13, July 10, 2022, effective 7/30/2022