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HEGARTY v. BD. OF OIL, GAS & MINING, DNR

No. 20000917.

57 P.3d 1042 (2002)

2002 UT 82

Patrick HEGARTY, Petitioner, v. BOARD OF OIL, GAS, AND MINING, DEPARTMENT OF NATURAL RESOURCES, State of Utah, River Gas Corporation, Texaco Exploration and Production, Inc., and Dominion Reserves-Utah. Inc., Respondents.

Supreme Court of Utah.

Rehearing Denied October 23, 2002.

Attorney(s) appearing for the Case

H. Michael Keller, Thomas W. Clawson, Salt Lake City, for petitioner.

Mark L. Shurtleff, Att'y Gen., Thomas Mitchell, Kurt Seel, Asst. Att'ys Gen., Salt Lake City, for Board of Oil, Gas, and Mining Frederick M. MacDonald, George S. Young, Salt Lake City, for River Gas, Texaco, and Dominion Reserves.

Robin Stead, Norman, Oklahoma, and Jack M. Morgan, Troy A. Barsky, Salt Lake City, for amicus National and Utah Association of Royalty Owners.

HOWE, Justice:

INTRODUCTION

¶ 1 Petitioner Patrick Hegarty seeks review of a Board of Oil, Gas, and Mining order imposing a 225% nonconsent penalty and denying retroactive pooling under the Utah Oil and Gas Conservation Act, codified at Utah Code Ann. §§ 40-6-1 to -19 (1998), relative to two wells draining petitioner's leased lands.

BACKGROUND

¶ 2 The Drunkards Wash Field is part of the coalbed methane gas-producing...

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