(a) All applications for a drilling unit authorization shall be accompanied by the consents in writing of owners of 51 percent or more of the real estate units located within a radius of 1,000 feet from the proposed wellhead. The consents shall plainly state that the persons whose signatures are affixed thereto do give their consent to the drilling of a well for oil or gas on the site as proposed in the application for a drilling permit. Measurement for determination of the distances of the aforesaid 1,000 feet shall be made from the exact center of the hole that is to be drilled for the well. As used in this section, the term "real estate unit" shall mean a land area with common ownership irrespective of how it may be divided among lots. No permit may be issued until 51 percent of the owners of the real estate units within 1,000 feet of the wellhead approve the drilling of the oil or gas well.
(b) In the event the owner of any property abutting a proposed well site:
(1) Has leased his or her property for drilling for oil or gas;
(2) Has signed and filed an application for a permit to drill for oil or gas on his or her property, or his or her lessee, contractor or agent has signed and filed the application;
(3) Has signed and delivered a written assent under subsection (a) hereof or Section 904.14 to an application for a permit to drill a well for oil or gas; or
(4) Has utilized his or her property by entering a community lease or agreement for drilling a well for oil or gas, if the well to which he or she has assented or, which is to be drilled under the community lease or agreement is to be located nearer to his or her property than the well or proposed well site set forth in, subsection (a) hereof;
Then the owner shall not be permitted to object, but shall be deemed to have given his or her written assent, under the provisions of this section, to drilling a well for oil and/or gas on the proposed well site set forth in subsection (a) hereof. However, any owner who has united his or her property by entering into a community lease or agreement as set forth in paragraph (b)(4) hereof shall not share in any adjacent well production because of conflicting lease interests of the real estate caused by the real estate being in more than one unitized area. It is the express intention of this provision to prohibit an owner of property from unitizing identical property under more than one community lease or agreement.
(Ord. 37-04. Passed 5-24-04.)