| (A) Applications for wells to be directionally deviated must
specify on the application to drill both the surface location of the well
and the projected bottom hole location of the well. On the plat, in addition
to the plat requirements provided for in §3.5 of this title (relating
to Application to Drill, Deepen, Reenter, or Plug Back) (Statewide Rule 5),
the following shall be included:
(i) two perpendicular lines providing the distance in feet
from the projected bottomhole location, rather than the surface location,
to the nearest points on the lease, pooled unit, or unitized tract line. If
there is an unleased interest in a tract of the pooled unit or unitized tract
that is nearer than the pooled unit or unitized tract line, the nearest point
on that unleased tract boundary shall be used;
(ii) a line providing the distance in feet from the projected
bottomhole location to the nearest point on the lease line, pooled unit line,
or unitized tract line. If there is an unleased interest in a tract of the
pooled unit that is nearer than the pooled unit line, the nearest point on
that unleased tract boundary shall be used;
(iii) a line providing the distance in feet from the projected
bottomhole location, rather than the surface location, to the nearest oil,
gas, or oil and gas well, identified by number, applied for, permitted, or
completed in the same lease, pooled unit, or unitized tract and in the same
field and reservoir; and
(iv) perpendicular lines providing the distance in feet from
the two nearest non-parallel survey/section lines to the projected bottomhole
location.
(B) If the necessity for directional deviation arises unexpectedly
after drilling has begun, the operator shall give written notice by letter
or telegram of such necessity to the appropriate district office and to the
commission office in Austin, and upon giving such notice, the operator may
proceed with the directional deviation. The commission may, at its discretion,
accept written notice electronically transmitted. If the operator proceeds
with the drilling of a deviated well under such circumstances, he proceeds
at his own risk. Before any allowable shall be assigned to such well, a permit
for the subsurface location of each completion interval shall be obtained
from the commission under the provisions set out in the commission rules.
However, should the operator fail to show good and sufficient cause for such
deviation, no permit will be granted for the well.
(C) If the necessity for random deviation arises unexpectedly
after the drilling has begun, the operator shall give written notice by letter
or telegram of such necessity to the appropriate district office and to the
commission office in Austin, and, upon giving such notice, the operator may
proceed with the random deviation, subject to compliance with the provisions
of this section on inclination surveys. The commission may, at its discretion,
accept written notice electronically transmitted.
(e) Surveys on request of other operators. The commission,
at the written request of any operator in a field, shall determine whether
a directional survey, an inclination survey, or any other type of survey approved
by the commission for the purpose of determining bottom hole location of wells,
shall be made in regard to a well complained of in the same field.
(1) The complaining party must show probable cause to suspect
that the well complained of is not bottomed within its own lease lines.
(2) The complaining party must agree to pay all costs and expenses
of such survey, shall assume all liability, and shall be required to post
bond in a sufficient sum as determined by the commission as security against
all costs and risks associated with the survey.
(3) The complaining party and the commission shall agree upon
the selection of the well surveying company to conduct the survey, which shall
be a surveying company on the commission's approved list.
(4) The survey shall be witnessed by the commission, and may
be witnessed by any party, or his agent, who has an interest in the field.
(5) Nothing in these rules shall be construed to prevent or
limit the commission, acting on its own authority, from conducting spot checks
and surveys at any time and place for the purpose of determining compliance
with the commission rules and regulations.
(f) Penalties.
(1) False reports. The filing of a false or incorrect directional
survey shall be grounds for cancellation of the well permit, for pipeline
severance of the lease on which the well is located, for penalty action under
the applicable statutes, and/or for such other and further action as may be
appropriate.
(2) Other. The same penalties and actions as set forth in paragraph
(1) of this subsection shall be assessable against any operator who refuses
to comply with a commission order which issues under subsection (e) of this
section.
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| Source Note: The provisions of this §3.11 adopted to be effective January 1, 1976; amended to be effective July 4, 1979, 4 TexReg 2197; amended to be effective March 10, 1986, 11 TexReg 901; amended to be effective May 23, 1990, 15 TexReg 2634; amended to be effective June 11, 2001, 26 TexReg 4088 |
