§ 17-510. Increase or decrease of unit area size.

A.  The Commission shall have jurisdiction to increase the size of an existing unit area where it is shown, upon proper application, notice and hearing that:

1.  Land adjacent to the existing unit is underlain by the same common source of supply as that found within the unit area; and

2.  Inclusion of the additional land will either:

a.increase unit efficiency, or

b.result in greater ultimate recovery of brine, or

c.prevent waste; and

3.  Inclusion of the additional land is fair, just and reasonable, both to parties owning brine interests in the additional land and to parties owning interests in the existing unit; and

4.  The requirements of Section 9 of this act have been met.

B.  The Commission shall have jurisdiction to decrease the size of an existing unit where it is shown, upon proper application, notice and hearing, that the land to be excluded is of no value to the unit because:

1.  It is not underlain by the common source of supply; and

2.  Its presence does not contribute to more efficient unit operations, by providing the site for an injection well or wells, or by assisting in the conduct of waterflood operations, or by otherwise increasing unit efficiency; and

3.  Exclusion of the land is fair, just and reasonable.

Added by Laws 1990, c. 255, § 11, eff. Sept. 1, 1990.