A. In order to prevent the waste of gas or oil or the drilling of unnecessary wells or to protect correlative rights, the Board on its own motion or upon application of the gas or oil owner may establish or modify drilling units. Drilling units, to the extent reasonably possible, shall be of uniform shape and size for an entire pool. Any gas, oil, or royalty owner may apply to the Board for the establishment of field rules and the creation of drilling units for the field. Unless such motion is made or an application is received at least 30 days prior to the next regularly scheduled monthly meeting of the Board, it shall not be heard by the Board at such meeting and shall be heard at the next meeting of the Board thereafter.
B. At any hearing of the Board regarding the establishment or modification of drilling units, the Board shall make the following determinations:
1. Whether the proposed drilling unit is an unreasonable or arbitrary exercise of a gas or oil owner's right to explore for or produce gas or oil;
2. Whether the proposal would unreasonably interfere with the present or future mining of coal or other minerals;
3. The acreage to be included in the order;
4. The acreage to be embraced within each drilling unit and its shape;
5. The area within which wells may be drilled on each unit; and
6. The allowable production of each well.
C. In establishing or modifying a drilling unit for coalbed methane gas wells, and in order to accommodate the unique characteristics of coalbed methane development, the Board shall require that drilling units conform to the mine development plan, if any. If requested by the coal operator, well spacing shall correspond with mine operations, including the drilling of multiple coalbed methane gas wells on each drilling unit.
D. If an order to establish or modify a drilling unit will allow a well to be drilled into or through a coal seam, any coal owner within the area to be covered by the drilling unit may object to the establishment of the drilling unit. Upon a coal owner's objection, and without superseding, impairing, abridging, or affecting any contractual rights or obligations existing between coal and gas owners, the Board shall make its determination in accordance with the provisions of §§ 45.2-1611 and 45.2-1612.
E. The Board may continue a hearing to its next meeting to allow for further investigation and the gathering and taking of additional data and evidence. If at the time of a hearing there is not sufficient evidence for the Board to determine field boundaries, drilling unit size or shape, or allowable production, the Board may enter a temporary order establishing provisional drilling units, field boundaries, and allowable production for the orderly development of the pool pending receipt of the information necessary to determine the ultimate pool boundaries, spacing of wells for the pool, and allowable production. Upon additional findings of fact, the boundaries of a pool, drilling units for the pool, and allowable production may be modified by the Board.
F. Unless otherwise provided for by the Board, after an application for a hearing to establish or modify drilling units or pool boundaries has been filed, no additional well shall be permitted in the pool until the Board's order establishing or modifying the pool or units has been entered.
G. After the Board issues a field or pool spacing order that creates drilling units or a pattern of drilling units for a pool, if a gas or oil owner applies for a permit or otherwise indicates his desire to drill a well outside of such drilling units or pattern of drilling units and thereby potentially extend the pool, the Board may, on its own motion or the motion of any interested person, require that the well be located and drilled in compliance with the provisions of the order affecting the pool.
1982, c. 347, § 45.1-301; 1987, c. 452; 1989, c. 529; 1990, c. 92, § 45.1-361.20; 2021, Sp. Sess. I, c. 387.
Structure Code of Virginia
Title 45.2 - Mines, Minerals, and Energy
Chapter 16 - Virginia Gas and Oil Act
§ 45.2-1601. Regulation of coal surface mining not affected by chapter
§ 45.2-1602. Construction; purposes
§ 45.2-1603. Virginia Gas and Oil Board; membership; compensation
§ 45.2-1604. Duties and responsibilities of the Director; Virginia Gas and Oil Inspector
§ 45.2-1605. Exclusivity of regulation and enforcement
§ 45.2-1607. Expenditure of funds
§ 45.2-1608. Violations; penalties
§ 45.2-1609. Appeals; venue; standing
§ 45.2-1610. Copy of lease to lessor
§ 45.2-1611. Objections by coal owner
§ 45.2-1612. Distance limitations of certain wells
§ 45.2-1613. Meetings of the Board; notice; general powers and duties
§ 45.2-1614. Additional duties and responsibilities of the Board
§ 45.2-1615. Applicability and construction
§ 45.2-1616. Statewide spacing of wells
§ 45.2-1617. Voluntary pooling of interests in drilling units; validity of unit agreements
§ 45.2-1618. Notice of hearing; standing; form of hearing
§ 45.2-1619. Field rules and drilling units for wells; hearings and orders
§ 45.2-1620. Pooling of interests in drilling units
§ 45.2-1621. Coalbed methane gas; ownership
§ 45.2-1622. Pooling of interests for coalbed methane gas wells; conflicting claims to ownership
§ 45.2-1623. Conflicting claims of ownership; arbitration
§ 45.2-1625. Appeals of the Director's decisions; notices; hearings and orders
§ 45.2-1627. Standing when Director or Board fails to act
§ 45.2-1628. Recording of orders
§ 45.2-1629. Duties, responsibilities, and authority of the Director
§ 45.2-1630. Powers, duties, and responsibilities of the Inspector
§ 45.2-1632. Notice of permit applications and permit modification applications required; content
§ 45.2-1633. Bonding and financial security required
§ 45.2-1634. Gas and Oil Plugging and Restoration Fund
§ 45.2-1635. Expiration of permits
§ 45.2-1636. Abandonment or cessation of well or corehole operation; plugging required
§ 45.2-1637. Objections to permits; hearing
§ 45.2-1638. Appeals of Director's decisions to the Board
§ 45.2-1639. Persons required to register; designated agents
§ 45.2-1640. Report of permitted activities and production required; contents
§ 45.2-1641. Developing a gas or oil well as a water well
§ 45.2-1642. Orphaned Well Fund; orphaned wells
§ 45.2-1643. Interference by injection wells with groundwater supply
§ 45.2-1644. Safety in coalbed methane gas, oil, and geophysical operations
§ 45.2-1645. Chesapeake Bay; drilling for gas or oil prohibited
§ 45.2-1646. Tidewater Virginia; drilling for gas or oil prohibited in certain areas
§ 45.2-1647. Hydraulic fracturing; groundwater management area