§ 79.28. Issuance of drilling permit.
(a) No permit will be granted for the drilling of a well to a pool which is the subject of a pending application for spacing order until the order establishing spacing units has been made, except where the operator, after notice and hearing, can show that he will be unduly prejudiced by the delay and in such case the location shall comply with the spacing pattern in the application which has been filed.
(b) After a spacing order has been entered no permit will be issued for a well to be drilled within the area covered by the order which is less than the minimum distance from the nearest boundary of the spacing unit as set out in the order, unless the operator has obtained an exception to the order under § 79.26 (relating to exceptions to orders). If an application for a drilling permit is refused because of a pending application for a spacing order covering the area on which the drilling permit is sought the applicant for the drilling permit may apply to the Department for an order to shut in the well or wells on adjoining land which are draining his land, until the spacing order is entered. Notice shall be given to the operator of the well or wells sought to be shut in at least 1 week prior to the date of the hearing. At the hearing, the Department will determine whether the well or wells on adjoining lands shall be shut in in order to protect correlative rights until the applicant has the opportunity to obtain a spacing order.
The provisions of this § 79.28 adopted August 12, 1971, effective August 13, 1971, 1 Pa.B. 1726.
This section cited in 25 Pa. Code § 79.11 (relating to drilling permits).
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