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25 Pa. Code § 79.23. Matters considered.

§ 79.23. Matters considered.

 (a)  At the time and place specified in the notice under §  79.22 (relating to notice of hearing), the Department will conduct a public hearing. The applicant shall present evidence to substantiate the allegations in his application. The following evidence may be considered by the Department in entering its order:

   (1)  The surface topography and property lines of the land underlain by the pool.

   (2)  The plan of well spacing then being employed or proposed in such pool.

   (3)  The depth at which production from the pool has been found.

   (4)  The nature and character of the producing formation or formations and whether the substances produced or sought to be produced are gas or oil.

   (5)  The maximum area which may be drained efficiently and economically by one well.

   (6)  Other available geological or scientific data pertaining to the pool which may be of probative value to the Department in determining the proper spacing unit therefor with due and relative allowance for correlative rights and obligations of the operators’ and royalty owners’ interests therein.

 (b)  Any other operator or royalty owner of land within the area sought to be covered by the prospective spacing order shall have the right to appear and oppose or support the spacing plan sought by the applicant and to present its own plan for consideration.


   The provisions of this §  79.23 adopted August 12, 1971, effective August 13, 1971, 1 Pa.B. 1726.

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