47-321 SPACING UNITS.
MINES AND MINING
CHAPTER 3
OIL AND GAS WELLS -- GEOLOGIC INFORMATION, AND PREVENTION OF WASTE
47-321. Spacing units. (a) The commission shall promptly establish spacing units for each pool except in those pools that have been developed to such an extent that it would be impracticable or unreasonable to establish spacing units at the existing stage of development.
(b) An order establishing spacing units shall specify the size and shape of the units, which shall be such as will, in the opinion of the commission, result in the efficient and economical development of the pool as a whole. The size of the spacing units shall not be smaller than the maximum area that can be efficiently and economically drained by one (1) well; provided, that if, at the time of a hearing to establish spacing units there is not sufficient evidence from which to determine the area that can be efficiently and economically drained by one (1) well, the commission may make an order establishing temporary spacing units for the orderly development of the pool pending the obtaining of the information required to determine what the ultimate spacing should be.
(c) Except where circumstances reasonably require, spacing units shall be of approximately uniform size and shape for the entire pool. The commission may establish spacing units of different sizes or shapes for different parts of a pool or may grant exceptions to the size or shape of any spacing unit or units or may change the sizes or shape of one or more existing spacing units.
(d) An order establishing spacing units shall direct that no more than one well shall be drilled to and produced from the common source of supply on any unit, and shall specify the location for the drilling of a well thereon, in accordance with a reasonably uniform spacing pattern, with necessary exceptions for wells drilled or drilling at the time of the filing of the application. If the commission finds that a well drilled at the prescribed location would not be likely to produce in paying quantities, or that surface conditions would substantially add to the burden or hazard of drilling such well, or for other good cause shown, the commission is authorized to make an order permitting the well to be drilled at a location other than that prescribed by such spacing order. Application for an exception shall be filed with the director of the Idaho department of lands and may be granted by him where it is shown that good cause for such exception exists and that consent to such exception has been given by the owners of all drilling units directly or diagonally offsetting the drilling unit for which an exception is requested, and, as to the lands upon which drilling units have not been established, by the owners of those lands which would be included in directly or diagonally offsetting drilling units under said order, if said order were extended to include such additional lands. Where an exception is not granted by the director or where an objection to the action of said director is filed with the commission within ten (10) days after he has granted or denied the application no well shall be drilled on said drilling unit except in accordance with the order establishing drilling units, unless and until the commission shall, after notice and hearing upon the application, grant such exception.
(e) An order establishing spacing units for a pool shall cover all lands determined or believed to be underlaid by such pool, and may be modified by the commission from time to time to include additional lands determined to be underlaid by such pool or to exclude lands determined not to be underlaid by such pool.
(f) An order establishing spacing units may be modified by the commission to change the size or shape of one or more spacing units, or to permit the drilling of additional wells on a reasonably uniform pattern.
(g) Upon the filing of an application to establish spacing units, no additional well shall be commenced for production from the pool until the order establishing spacing units has been made, unless the commencement of the well is authorized by order of the commission.