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EL PASO NATURAL GAS CO. v. OIL CONSERVATION COM'N

No. 7727.

414 P.2d 496 (1966)

76 N.M. 268

EL PASO NATURAL GAS COMPANY, a corporation, Pan American Petroleum Corporation, a Corporation, Marathon Oil Company, a corporation, and Sunset International Petroleum Corporation, a corporation, petitioners-appellants, v. OIL CONSERVATION COMMISSION of New Mexico, Jack M. Campbell, Chairman, E.S. Walker, Member, A.L. Porter, Jr., Member and Secretary, and Consolidated Oil & Gas, Inc., a corporation, Respondents-Appellees.

Supreme Court of New Mexico.

May 16, 1966.

Attorney(s) appearing for the Case

Seth, Montgomery, Federici & Andrews, Santa Fe, for El Paso Natural Gas Co. and Sunset International Petroleum Corp.

Ben R. Howell, Garrett C. Whitworth, El Paso, Tex., for El Paso Natural Gas Co.

Atwood & Malone, Roswell, J.K. Smith, Fort Worth, Tex., for Pan American Petroleum Corp.

Kent Hampton, Findlay, Ohio, for Marathon Oil Co.

Boston E. Witt, Atty. Gen., J.M. Durrett, Jr., Sp. Asst. Atty. Gen., Santa Fe, for Oil Conservation Commission.

Kellahin & Fox, Santa Fe, Holme, Roberts, More & Owen, Ted P. Stockmar, Denver, Colo., for Consolidated Oil & Gas, Inc.

NOBLE, Justice.

Consolidated Oil & Gas, Inc. requested a change in the proration formula in the Basin-Dakota gas pool from the existing "25-75" formula (25% acreage plus 75% acreage, times deliverability) to a "60-40" formula. The Oil Conservation Commission originally denied the change, but on rehearing, limited to the question of recoverable reserves in the pool, reversed its decision, ordered the change, and adopted the "60-40" formula. The Commission then...

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