PRELIMINARY DOCKET:
Special Examiner's Hearing set for May 13, 2025
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.
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1.
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25240
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Application of Civitas Permian Operating, LLC for Approval of Overlapping Horizontal Spacing Unit and Compulsory Pooling, Eddy County, New Mexico. Applicant seeks an order from the Division: (1) approving a 640-acre, more or less, overlapping horizontal spacing unit in the Bone Spring formation comprised of the E/2 of Section 34, Township 23 South, Range 27 East, and the E/2 of Section 3, Township 24 South, Range 27 East, Eddy County, New Mexico (the “Unit”); and (2) pooling all uncommitted interests in the Unit. The proposed horizontal spacing unit will be dedicated to the following wells (“Wells”): Smooth Hoperator 34-3 Fed Com 113H, Smooth Hoperator 34-3 Fed Com 123H and Smooth Hoperator 34-3 Fed Com 153H to be horizontally drilled with first take point in the NW/4NE/4 (Unit B) of Section 34 and last take point in the SW/4SE/4 (Unit O) of Section 3; and Smooth Hoperator 34-3 Fed Com 114H, Smooth Hoperator 34-3 Fed Com 124H and Smooth Hoperator 34-3 Fed Com 154H to be horizontally drilled with first take points in the NE/4NE/4 (Unit A) of Section 34 and last take points in the SE/4SE/4 (Unit P) of Section 3. The Unit will partially overlap a 40-acre vertical well spacing unit in the Bone Spring formation underlying the SW/4SE/4 of Section 3 dedicated to the SPANISH CEDAR STATE #001 (API# 30-015-35536) operated by COG Operating LLC. The completed interval for the Smooth Hoperator 34-3 Fed Com 123H is expected to be less than 330 feet from the adjoining tracts thereby allowing for the inclusion of the proximity tracts within the Unit. Also to be considered will be the cost of drilling and completing the Wells, the allocation of these costs and the actual operating costs and charges for supervision, designation of Civitas as operator of the Wells, and a 200% charge for risk involved in drilling the Wells. Said area is located approximately 4 miles southwest of Loving, New Mexico.
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