§ 15-72-309 - Findings to support order requiring unit operation -- Issuance.
               	 		
15-72-309.    Findings to support order requiring unit operation -- Issuance.
    (a)  If  after hearing and considering the petition and evidence offered in  support thereof the Oil and Gas Commission makes the following findings,  it shall issue an order requiring unit operation in accordance with the  terms of the proposed unit operating agreement:
      (1)  The  proposed unit agreement has, or counterparts thereof have, been  executed by persons who at the time of filing of the petition owned of  record legal title to at least an undivided seventy-five percent (75%)  interest in the right to drill into and produce oil or gas from the  total proposed unit area and by persons who at that time owned of record  legal title to seventy-five percent (75%) of royalty and overriding  royalty payable with respect to oil or gas produced from the entire unit  area;
      (2)  Unit operation of the  pool or any portion thereof proposed to be unitized is reasonably  necessary to prevent waste, to increase ultimate recovery of oil or gas,  and to protect correlative rights; and
      (3)  The  value of the additional oil or gas to be recovered from the proposed  unit area as a result of the proposed unit operation will exceed the  additional cost incident to conducting the operation.
(b)  Thereafter,  the order and the provisions of the unit operating agreement shall be  effective as to and binding upon each person owning an interest in the  unit area or in oil or gas produced therefrom or the proceeds thereof.
(c)  With  respect to an interest which is encumbered of record with a mortgage or  deed of trust both the grantor and grantee therein shall for the  purposes of subdivision (a)(1) of this section be considered as the  record owner of legal title thereto. However, when the instrument gives  the grantor in the mortgage or deed of trust the right to execute the  unit agreement, the grantor shall for that purpose be deemed the record  owner.