(A) The owner of a separate tract of land which does not contain a location for which a drilling permit may be issued by reason of the well location provisions of § 114.03(B), who has been unable to pool voluntarily with the owner of adjoining lands to form a 40-acre tract, may apply to the Manager for a mandatory pooling order. Such application shall be accompanied by an appropriate application for a license.
(B) Upon receipt of the two applications, the Manager shall notify all parties in interest of the filing of the applications and their right to a hearing if requested. The notice shall contain a statement informing each party that he is entitled to a hearing if he requests it within 30 days after the mailing of notice.
(C) After the expiration of 30 days from the date notice of application was mailed to the parties in interest or after hearing, the Manager shall issue a license and a mandatory pooling order if he finds that the applicant has satisfied all requirements. The order shall:
(1) Designate the boundaries of the drilling unit within which the well shall be drilled;
(2) Designate the proposed drilling sites;
(3) Describe each separately owned tract or part thereof pooled by the order;
(4) Allocate on a surface acreage basis prorata portion of the production of the owner of each tract; and
(5) Specify the basis upon which each owner shall share all reasonable costs and expenses of drilling and producing.
(D) The order shall further provide that the share of such costs and expenses of each owner who is unwilling to pay his share in cash shall be recovered by the holder of the drilling license only from the production of oil or gas obtained from the well drilled on such drilling unit, exclusive of the fee holder's royalty interest.
(E) If there is a dispute as to the costs of driving, equipping or operating a well, the Manager shall determine such costs.
(F) From and after the date of the mandatory pooling order as provided herein, all operations, including the commencement of driving or the operating of a well upon any tract or portion thereof so pooled with one or more other tracts or portions thereof, shall be deemed for all purposes the conduct of such operations upon each tract or portion thereof included in the drilling unit; the oil produced from that well shall be deemed to have been actually produced proportionally from all tracts or portions thereof within the drilling unit.
('80 Code, § 713.08) (Ord. 12-64, passed 7-6-64) Penalty, see § 114.99