OAR 632-010-0157: Exceptions to Special Rules

(1) The board may grant exception to special rules after holding a hearing, when necessary, on the basis of geology, productivity, topography, or environmental protection. (2) Before granting an exception for a well proposed within the setback distance set forth in a special rule, the department will notify mineral owners in the spacing unit where the well is proposed to be drilled and in the adjacent spacing unit(s) within the setback distance. A mineral owner may request a hearing by the board to consider the application. The owner must request hearing within 20 days of the date of the department notice or waive the right to one. If no written request for a hearing is made, the department may issue a permit for the proposed well. If the applicant is the only mineral owner in the adjacent spacing units, or has leased the right to drill from the mineral owner(s) in the adjacent spacing units, and has obtained a written waiver from these mineral owners to allow the drilling, the department may approve the application immediately. (3) If a mineral rights owner submits a written request for a hearing, it will be held within 30 days of receipt of request, provided the request is made within the 20-day period specified in section (2) of this rule. A mineral owner must request hearing within 20 days or waive the right to one. Any order by the department or board granting an exception to special rules under this rule will include provisions to prevent the production from the proposed well in excess of its just and equitable share of oil and/or gas in the pool. (4) If a permittee proposes to change the planned location of a well, such that it will not comply with the setback distances in a special rule, an exception necessary for the permit to remain valid may be granted according to the process above. (5) Whenever a uniform spacing plan has been prescribed for any pool, exceptions may be permitted if the board finds, after notice and hearing, that conditions within the pool are such that the special rules would be impracticable.