OCD Permitting

PRELIMINARY DOCKET: OCD Special Hearing for August 29, 2024

For hearings by affidavit: presenting parties are required to submit a pre-hearing statement no later than the Thursday before the hearing. The pre-hearing statement shall include: 1) a list of disputed facts and issues; 2) identification of witnesses and their qualifications; and 3) all exhibits and written testimony a party intends to enter into evidence at the hearing and a full narrative for each.

For contested matters: pre-hearing statements shall be filed no later than 9:00 a.m., 4 business days prior to the hearing and in addition to the requirements of 19.15.4.13.B(1) NMAC, shall include: all evidentiary exhibits, documents, affidavits, and full-written testimony of any witness a party offers at the hearing. Exhibits must be sequentially marked on every page.

Failure to timely file a complete pre-hearing statement may cause the Hearing Examiner to continue the hearing and/or impose sanctions up to and including the exclusion of late-filed evidence. Evidentiary objections must be filed no later than 48 hours before the hearing. Rulings on the objections will be addressed as a preliminary matter when the case is called.

If you are an individual with a disability who needs a reader, amplifier, qualified sign language interpreter, or other form of auxiliary aid or service to attend or participate in a hearing, contact Freya.Tschantz@emnrd.nm.gov, or the New Mexico Relay Network at 1-800-659-1779, no later than 10 days prior to the hearing.

NOTICE: The hearing examiner may call the following cases in any order at their discretion.

Case No. Description
1. 24605 Application of FAE II Operating, LLC for Enhanced Oil Recovery Project and to Qualify the Project for the Recovered Oil Tax Rate Lea County, New Mexico. Applicant is a working interest owner in the proposed North Jal Unit (the "Unit Area"), which comprises 3,154.37 acres of the following federal, state, and fee lands located in Lea County, New Mexico:

Township 24 South, Range 36 East, N.M.P.M.

Section 25: S/2
Section 26: E2SE
Section 35: E2NE
Section 36: ALL

Township 24 South, Range 37 East, N.M.P.M.

Section 19: E/2
Section 20: SW/4, SWNW
Section 29: W/2
Section 30: NE/4, S/2
Section 31: N2NW

Township 25 South, Range 36 East, N.M.P.M.

Section 1: All

The unitized interval extends from the top of the Yates Formation to a lower limit at the base of the Queen Formation. Among the matters to be considered at hearing, pursuant to the New Mexico Statutory Unitization Act, NMSA 1978, §§ 70-7-1 et seq., will be: the necessity of unit operations; the determination of horizontal and vertical limits of the unit area; the determination of the fair, reasonable, and equitable allocation of production and costs of production, including capital investments, to each of the tracts in the unit area; the determination of credits and charges to be made among the working interest owners in the unit area for their investment in wells and equipment; and such other matters as may be necessary and appropriate.. The unit area is centered approximately 5 miles North of Jal, New Mexico.
2. 24606 Application of FAE II Operating, LLC for Statutory Unitization, Lea County, New Mexico. Applicant is a working interest owner in the proposed North Jal Unit (the "Unit Area"), which comprises 3,154.37 acres of the following federal, state, and fee lands located in Lea County, New Mexico:

Township 24 South, Range 36 East, N.M.P.M.

Section 25: S/2
Section 26: E2SE
Section 35: E2NE
Section 36: ALL

Township 24 South, Range 37 East, N.M.P.M.

Section 19: E/2
Section 20: SW/4, SWNW
Section 29: W/2
Section 30: NE/4, S/2
Section 31: N2NW

Township 25 South, Range 36 East, N.M.P.M.

Section 1: All

The unitized interval extends from the top of the Yates Formation to a lower limit at the base of the Queen Formation. Among the matters to be considered at hearing, pursuant to the New Mexico Statutory Unitization Act, NMSA 1978, §§ 70-7-1 et seq., will be: the necessity of unit operations; the determination of horizontal and vertical limits of the unit area; the determination of the fair, reasonable, and equitable allocation of production and costs of production, including capital investments, to each of the tracts in the unit area; the determination of credits and charges to be made among the working interest owners in the unit area for their investment in wells and equipment; and such other matters as may be necessary and appropriate.. The unit area is centered approximately 5 miles North of Jal, New Mexico.
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