[Code of Federal Regulations]
[Title 43, Volume 2]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 43CFR3162.2-15]

[Page 419]
 
                    TITLE 43--PUBLIC LANDS: INTERIOR
 
    CHAPTER II--BUREAU OF LAND MANAGEMENT, DEPARTMENT OF THE INTERIOR
 
PART 3160--ONSHORE OIL AND GAS OPERATIONS--Table of Contents
 
  Subpart 3162--Requirements for Operating Rights Owners and Operators
 
Sec. 3162.2-15  Who has the burden of proof if I appeal BLM's drainage determination?

    BLM has the burden of establishing a prima facie case that drainage 
is occurring and that you knew of such drainage. Then the burden of 
proof shifts to you to refute the existence of drainage or to prove 
there was not sufficient information to put you on notice of the need 
for drainage protection. You also have the burden of proving that 
drilling and producing from a protective well would not be economically 
feasible.

[66 FR 1894, Jan. 10, 2001]