Section R649-2-9a - Notice of Unlocatable and Unidentified Owners1. 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; and1.1.3. 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; and1.3. 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.Utah Admin. Code R649-2-9a
Adopted by Utah State Bulletin Number 2020-12, effective 6/1/2020Amended by Utah State Bulletin Number 2020-15, effective 7/27/2020