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FROM tEORTRiGHT P.[PP & SHRRPE <br />Tom Ripp <br />FRX NG. :3©34237139 Jan. 31 2©C6 ©6:34RM °2 <br />From; Kmcrouch@acl,com <br />Sent: Friday, January 27, 2006 2:46 PM <br />70: Tom Ripp <br />Page I of 1 <br />~Pe~mit ~ Confldental?: <br />Class: 'r Type-Seq.: .~ <br />From: C„~.,.r o: <br />Doc. Name: ~ ~, " <br />Doc. Date (if no date mp): / 0 <br />Specialist: ~,Sc rL ~eN'- <br />Ce: Frank.Holubec@MeritEnergy.com: Aaron.AustinQMeritEnergy.com: Casey Morton; <br />Fred.Diem@MerREnergy, tom <br />Subject: Mel and Blanche Well <br />Tom: The following is an update on the Mel and Blanche drilling permit and surface location issues that we <br />have been discussing over the last months. <br />According to the COGCC, Merit needs a surface owner waiver, exception to drill the weu at [he location that <br />Brad James and Frank Holubec. agreed to. The Commission policy seems to he that a surface owner waiver is <br />needed if a well is drilled ouf of an established Rule 318 A drilling window and if !t is not within 150 feet of an <br />existing well, On March 1; 2006, the 150 foot distance is being reduced tc 50 feet. Given that, the Commission <br />will not issue the permit for the location that was agreed to by Brad James and Frank Holunec. <br />Given that, Merit has no choice but to move the Mel and Blanche 5-Spot location to a location that Is within 150 <br />feet of an existing well in order to be incompliance with Commission pplicies. To be in compliance whh the <br />Regulators policy, Merit is moving fhe well to a Ideation that is within 50deet of the Walter D5-10 well. That <br />weN is located in the SWI4SW/4 of Section 10, T5N, R65W. For Merit's operational purposes, this location <br />appears to be the bast one for a variety of reasons, including safety and the lack impact on the Varra operatign, <br />Because the well Is within Commission tolerances, a surface owner waiver is not required. The reason I am <br />sending this a-mail to you is to keep you informed on Merit's efforts to permit and doll this well and advise that <br />Merit does not intend to pay any bompensation to your client es a result of Merit exercising its legitimate <br />property dghts in conn¢etion with its leasehold interests. The only reason I bring up the compensation issue is <br />the previous claims by your client for compensation. <br />Merit remains ready and willing to work with your client to coordinate their respective efforts on the surface of <br />the NW74 of section 10. Please give me a tail to discuss any questions you might have. <br />I still have not received any information from you on your client's leasehold interests and would appreciate <br />receiving that information. <br />Keith Crouch <br />303-929-7016 <br />303-444-5624 fax <br />2!31!2(105 <br />