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Directive 065: Resources Applications for Oil and Gas Reservoirs ...

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ownership. Failure to realign holding boundaries to reflect common ownership is a high risk<br />

noncompliance event (see <strong>Directive</strong> 019: Compliance Assurance).<br />

Note that wells drilled in accordance with the holding boundaries could be considered offtarget<br />

if the holding is rescinded <strong>and</strong> they were not drilled in accordance to the DSU <strong>and</strong><br />

target areas, or they could be in noncompliance if the holding boundaries are realigned <strong>and</strong><br />

they are now producing from a buffer zone. For these reasons it is very important that an<br />

applicant only file holding applications <strong>for</strong> l<strong>and</strong>s that they have immediate plans to develop.<br />

7.2.8.2 Special DSU Application<br />

The use of holdings provides <strong>for</strong> maximum flexibility to support development plans. If a need<br />

<strong>for</strong> increased well density is identified, holding applications should be filed. However, DSUs<br />

that are subject to a compulsory pooling order do not qualify <strong>for</strong> a holding, <strong>and</strong> in these very<br />

unique cases a special DSU application may be filed to increase well densities beyond those<br />

prescribed in the OGCR.<br />

Divided mineral ownership within a DSU is not a reason to file a special DSU application. If<br />

the mineral owners are unable to voluntarily negotiate a pooling arrangement, a Compulsory<br />

Pooling application may be filed with the ERCB.<br />

<strong>Applications</strong> <strong>for</strong> special DSUs will only be considered by the ERCB in unique situations.<br />

There<strong>for</strong>e, an applicant wishing to file a special DSU application should contact the ERCB<br />

<strong>Resources</strong> <strong>Applications</strong> Group be<strong>for</strong>e filing.<br />

St<strong>and</strong>ard target areas must be requested when filing a Special DSU application.<br />

7.2.8.3 Rescinding a Special DSU<br />

Under Section 4.040(5) of the OGCR, an applicant may apply to rescind an existing approved<br />

special DSU. A request to rescind a special DSU must be made using the Rescind <strong>for</strong>m.<br />

Rescinding a special DSU may be necessary if an applicant wishes to develop its minerals in<br />

accordance with the OGCR.<br />

All mineral owners (excepting the Crown) within the area of application must be notified<br />

be<strong>for</strong>e filing a Rescind Special DSU application.<br />

A Rescind Special DSU application must create whole contiguous st<strong>and</strong>ard drilling spacing<br />

units.<br />

7.2.8.4 Rescinding a Holding<br />

Under Section 5.220(b) of the OGCR, an applicant may apply to rescind all or part of an<br />

existing approved holding. A request to rescind a holding must be made using the Rescind<br />

<strong>for</strong>m. Rescinding all or part of a holding may be necessary if common ownership no longer<br />

exists (also see Section 7.2.4). A common example of such a situation is when a lease <strong>for</strong> a<br />

DSU within a holding boundary has expired <strong>and</strong> reverted back to the Crown. All of an<br />

existing approved holding may also be rescinded if the st<strong>and</strong>ard spacing prescribed in Part 4<br />

of the OGCR is sufficient.<br />

<strong>Applications</strong> to remove DSUs from holdings may only be filed <strong>for</strong> areas where the applicant<br />

has a working interest <strong>and</strong> wishes to rescind all or part of the holding in favour of the<br />

st<strong>and</strong>ard spacing specified in Part 4 of the OGCR or where a lease has expired <strong>and</strong> reverted<br />

7-8 • ERCB <strong>Directive</strong> <strong>065</strong>: <strong>Resources</strong> <strong>Applications</strong> / Application <strong>for</strong> Special Well Spacing (October 2011)

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