BEFORE THE BOARD OF OIL, GAS AND MINING DEPARTMENT OF NATURAL RESOURCES STATE OF UTAH;

IN THE MATTER OF THE REQUEST FOR AGENCY ACTION OF LINN ENERGY HOLDINGS, LLC FOR AN ORDER FORCE POOLING THE INTERESTS OF ALL OWNERS REFUSING OR FAILING TO BEAR THEIR PROPORTIONATE SHARE OF THE COST OF DRILLING AND OPERATING THE GALLOWAY 3-11B2 WELL, LOCATED IN THE DRILLING SPACING UNIT FOR PRODUCTION OF OIL, GAS, AND ASSOCIATED HYDRO-CARBONS FROM THE LOWER GREEN RIVER AND WASATCH FORMATIONS Covering all of SECTION 14, TOWNSHIP 2 SOUTH, RANGE 2 WEST, USM;
NOTICE OF OPPORTUNITY TO LEASE OR PARTICIPATE IN THE GALLOWAY 3-11B2 WELL AND OF FILING OF REQUEST FOR AGENCY ACTION AND HEARING
DOCKET NO. 2017-016
CAUSE NO. 139-146;
LINN ENERGY HOLDINGS, LLC TO:
1. CROFF OIL COMPANY CORPORATION, DEATON INVESTMENTS, A PARTNERSHIP, JOANN ELDREDGE SIMMONS, LINSAY NOBLE, MYRNA CHRISTENSEN, NANCIE EAVES NICORA, PAUL SEDAR, AND ROBERT O. SWAIN AND DONNA M. SWAIN, TRUSTEES OF THE SWAIN FAMILY TRUST DATED APRIL 11, 1983.
2. THE ESTATES, THEIR PERSONAL REPRESENTATIVES, ALL HEIRS OR DEVISEES, AND ANY AND ALL OTHER PARTIES CLAIMING RIGHT, TITLE, OR INTEREST IN THE OIL, GAS, AND ASSOCIATED HYDROCARBONS IN THE LANDS LISTED BELOW THROUGH ANY OF THE FOLLOWING ESTATES:
A. AUSTIN SMITH, DUANE H. HANSON, ELBERT E. HARTWELL, JEFFREY J. NOBLE, JOYCE R. GOFF, LAURENCE SCOTT NOBLE, LOTUS IVORY, MABEL J. HAMILTON, MABLE KILLEEN, MARY A. EAVES, MICHAEL C. RILEY, MRS. W. E. BLOCK AKA MARGARET MILLER BLOCK, RAYMOND S. KING, RICHARD SYLVESTER.
3. ANY AND ALL OTHER PERSONS CLAIMING ANY RIGHT, TITLE, OR INTEREST IN THE OIL, GAS, AND ASSOCIATED HYDROCARBONS PRODUCED FROM ANY RESERVOIRS BENEATH THE LANDS LISTED BELOW AND IN THE REQUEST FOR AGENCY ACTION FILED IN THE ABOVE-CAPTIONED MATTER, OR TO THE RIGHT TO DRILL INTO, PRODUCE FROM, OR APPROPRIATE SUCH OIL, GAS, AND ASSOCIATED HYDROCARBONS.
(THE PARTIES LISTED ABOVE ARE, COLLECTIVELY, “NOTICED PARTIES”).
Notice is hereby given that Linn Energy Holdings, LLC filed a Request for Agency Action on May 10, 2017 (“RAA”) with the Utah Board of Oil, Gas and Mining (“Board”) seeking:
1. force-pooling the interests of the Noticed Parties in the horizontal to be completed as the Galloway 3-11B2 Well (“Subject Well”) located in Section 14, Township 2 South, Range 2 West, USM (“Subject Lands”), effective as of the date of first production of the Subject Well;
2. providing for the payment of just and reasonably costs to drill and operate the Subject Well;
3. providing for the reimbursement to the consenting owners for the Noticed Parties’ share of the cost to drill and operate the Subject Well;
4. imposing a 300% non-consent penalty for the cost to drill and operate the Subject Well against the Non-Consenting Owners’ interest;
5. adopting the terms of a joint operating agreement to be submitted as an exhibit in this cause;
6. setting the acreage-weighted average landowner’s royalty for the unleased tracts of the Noticed Parties; and
7. making such findings and orders in connection with this RAA as it deems necessary and providing for such other and further relief as may be just and equitable under the circumstances.
Additionally, notice is hereby given that the Board conducted a hearing on the RAA on Wednesday, June 28, 2017 at approximately 1:15 p.m. in the Auditorium of the Department of Natural Resources, 1594 West North Temple, Salt Lake City, Utah. At the hearing, the Board took evidence and heard arguments regarding the force-pooling of this subject well. At the direction of the Board, this notice is being published to give notice of the opportunity to participate in the subject well or lease your interest in the subject lands.
You should contact Claire Futral at 600 Travis, Suite 1400, Houston, Texas 77002, Phone (281)- 840-4323, regarding the opportunity: (1) to lease your interest in the Subject Lands if you are currently an unleased oil and gas owner; (2) to consent to pool your interest if you have executed an oil and gas lease of your interest and your lease does not authorize the lessee to pool your interest without your consent; or (3) to participate as a working interest owner by entering into a joint operating agreement and by paying your proportionate share of the costs of drilling and completing the Subject Well. Failure to respond to the RAA or to participate in the Subject Well by entering into a lease, consenting to the pooling of your leased interest (if you are leased and your lease does not contain a pooling provision), or by paying your share of the drilling and completing costs for each Subject Well in which you own an interest, will result in you being deemed a non-consenting owner, and therefore, subject to force pooling and a non-consent penalty of 300%.
Objections to the RAA shall be filed with the Secretary of the Board at the address indicated above and served upon Linn’s counsel identified below no later than July 25, 2017. Persons interested in this matter may participate pursuant to the procedural rules of the Board. The RAA and an subsequent pleadings may be inspected at the office of the Secretary to the Board, 1594 West North Temple, Suite 1210, Salt Lake City, Utah 84116 ((801) 538-5277), or copies obtained by contacting Linn’s counsel Mark L. Burghardt, at the address and telephone number listed below. A party who fails to attend or participate in the hearing may be held in default.
Pursuant to the Americans with Disabilities Act, persons requiring auxiliary communicative aids and services to enable to participate in this hearing should call Julie Ann Carter at (801) 538-5277, at least three working days prior to the hearing date.
Please govern yourself accordingly.
Dated this 6th day of July, 2017.
HOLLAND & HART LLP
By: Mark L. Burghardt
222 South Main Street, Suite 2200
Salt Lake City, Utah 84101
Telephone: (801) 799-5800
Attorney for Linn Energy Holdings, LLC
Published in the Vernal Express July 11, and 18, 2017.


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