W. Va. Code R. § 38-5-3

Current through Register Vol. XLI, No. 23, June 7, 2024
Section 38-5-3 - Additional Requirements
3.1 If the applicant elects to select an interval pursuant to Subsection 2.1.2 herein, and the selected interval is perforated in the top 100 feet (in the case of an interval which qualifies under Subsection 2.1.2(c)(i)), or in the bottom 100 feet (in the case of an interval which qualifies under Subsection 2.1.2(c) (ii)), the applicant must demonstrate with specificity that the gas produced at the point of the perforation is produced from the fractures, micropores, and bedding planes of shale deposited during the Paleozoic Devonian Period.
3.2 All gamma ray indexes required to be calculated pursuant to Section 2 herein shall be calculated at any point by dividing the gamma ray log value at that point by the gamma ray log value at the shale base line established over the gross Devonian age stratigraphic interval defined under Subsection 2.1.1 herein.
3.3 In the case of a well in which gas is produced from Devonian shale and from other stratigraphic intervals which are not qualified as Devonian shale, production may, at the discretion of the applicant, either be (a) separately produced and metered, or (b) allocated between the Devonian shale interval and the non-Devonian shale interval or intervals on the basis of any approved allocation method.

W. Va. Code R. § 38-5-3