26 MAC Pt. 1, Ch. 1, R. 1.15
AFFIDAVITS
Cite as 26 Miss. Admin. Code Pt. 1, Ch. 1, R. 1.15
AFFIDAVITS.
(A) Where an application has been filed with the Board for authority to multiply complete or
to tubingless complete an oil or gas well in connection with other surface or subsurface
mechanical connections and installations and where legal notice of the hearing of said
application has been given as required by law and the rules of the Board and where said
application is not contested when called for hearing by the Board, then the Board may receive in
evidence on said hearing affidavits, exhibits and duly executed Board forms as to the manner in
which said multiple or tubingless completions are to be made, provided, however, that the Board
has previously approved a similar completion for the field, pool or pools in question after a
notice and hearing or witnesses in person.
(B) Where an application for an injection well and system has been filed with the Board and
where legal notice has been given as required by law and the Board's rules and where said
application is not contested when called for hearing, then affidavits, exhibits and Board forms
may be received in evidence at the hearing as to the manner in which said injection well and
system is to be completed and regardless of whether or not the Board has previously approved,
after notice and hearing of witnesses, a similar application for the pool or field.
(C) Where an application for force integration of a drilling unit has been filed with the Board
and when legal notice has been given as required by law and when said application is not
contested when called for hearing, then affidavits, exhibits and Board forms may be received in
evidence at the hearing. The Board reserves the right to reject any and all such affidavits and
exhibits and to require the affiant or affiants to appear in person and testify at the hearing.
(D) Where an application for reformation of a regular drilling unit which complies in all
respects with the existing Statewide Rules and Regulations into another unit which similarly
complies, and where there is no change in ownership whereby any party would be adversely
affected, and where no island acreage would be created thereby, when legal notice has been
given as required by law and said application is not contested when called for hearing, then
affidavits, exhibits and Board forms may be received in evidence at the hearing. The Board
reserves the right to reject any and all such affidavits and exhibits and to require the affiant or
affiants to appear in person and testify at the hearing.
(E) Where an application for the directional drilling of a well for topographic reason(s) which
encounters the pay zone(s) at a regular location within a regular unit has been filed with the
Board and when legal notice has been given as required by law and when said application is not
contested when called for hearing, then affidavits, exhibits and Board forms may be received in
evidence at the hearing. The Board reserves the right to reject any and all such affidavits and
exhibits and to require the affiant or affiants to appear in person and testify at the hearing.
(F) Where an application for an exception location on a regular unit for reason(s) of
topographic and/or surface obstructions has been filed with the Board and when legal notice has
been given as required by law and when said application is not contested when called for
hearing, then affidavits, exhibits and Board forms may be received in evidence at the hearing.
The Board reserves the right to reject any and all such affidavits and exhibits and to require the
affiant or affiants to appear in person and testify at the hearing.
(G) Where an application for the surface commingling where the ownership is the same for
each well has been filed with the Board and when legal notice has been given as required by law
and when said application is not contested when called for hearing, then affidavits, exhibits and
Board forms may be received in evidence at the hearing. The Board reserves the right to reject
any and all such affidavits and exhibits and to require the affiant or affiants to appear in person
and testify at the hearing.
(H) In all other non-contested matters or in contested matters where those parties who appear
in person at the hearing agree thereto, affidavits may be received in evidence. The Board
reserves the right to reject any and all such affidavits and to require the affiant to appear in
person.
(I)
The following applies to the filing of affidavit in Rule 15. The party(ies) planning to
submit a petition by affidavit shall file the original and three (3) copies of the affidavit with
appropriate exhibits with the Board not later than 5 p.m. on Monday of the week which precedes
the day of the Hearing. The original with the appropriate exhibits shall be filed with the Board
Reporter upon the call of the docket for proper marking and entered into the record. All
materials shall have the proper docket number upon each item. The original and three copies
sent to the Board along with the proper exhibits shall not be held as confidential, unless such
confidentiality is authorized under the provisions of the Miss. Public Records Act, Miss. Code
Anno. Section 25-61-1, et seq. (1972), or other applicable statutes.