[Code of Federal Regulations] [Title 43, Volume 2] [Revised as of October 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 43CFR3162.2-5] [Page 417-418] 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. 3162.2-5 Must I take protective action when a protective well would be uneconomic? You are not required to take any of the actions listed in Sec. 3162.2-4 if you can prove to BLM that when you first knew or had constructive notice of drainage you could not produce a sufficient quantity of oil or gas from a protective [[Page 418]] well on your lease for a reasonable profit above the cost of drilling, completing, and operating the protective well. [66 FR 1893, Jan. 10, 2001]