When two or more separately-owned tracts are embraced within a development unit, or when there are separately owned interests in all or a part of the development unit, then the owners and lessees thereof may pool their interests for the development and operation of the development unit. In the absence of this voluntary pooling, the department, upon the application of any interested person, shall enter an order pooling all interests, including royalty interests, in the development unit for the development and operation thereof. Each such pooling order shall be made after notice and hearing. The applicant or applicants shall have the burden of proving that all reasonable efforts have been made to obtain the consent of, or to reach agreement with, other owners.

NOTES:

SeverabilityHeadings and captions not lawEffective date1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.

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Terms Used In Washington Code 78.52.240

  • Department: means the department of natural resources. See Washington Code 78.52.010
  • Development unit: means the maximum area of a pool which may be drained efficiently and economically by one well. See Washington Code 78.52.010
  • Interested person: means a person with an ownership, basic royalty, or leasehold interest in oil or gas within an existing or proposed development unit or unitized pool. See Washington Code 78.52.010
  • Pool: means an underground reservoir containing a common accumulation of oil or gas, or both. See Washington Code 78.52.010
  • Pooling: means the integration or combination of two or more tracts into an area sufficient to constitute a development unit of the size for one well as prescribed by the department. See Washington Code 78.52.010
  • Royalty: means a right to or interest in oil or gas or the value from or attributable to production, other than the right or interest of a lessee, owner, or operator, as defined herein. See Washington Code 78.52.010