[Code of Federal Regulations]

[Title 43, Volume 2]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 43CFR3162.2-15]



[Page 432]

 

                    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]