Code of Federal Regulations · Section
§ 3162.2-5 — -5 Must I Take Protective Action When A Protective Well Would Be Uneconomic?
43 C.F.R. § 3162.2-5
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You are not required to take any of the actions listed in § 3162.2-4 if you can prove to BLM that when you first knew or had constructive notice of drainage you could not produce a sufficient quantity of oil or gas from a protective well on your lease for a reasonable profit above the cost of drilling, completing, and operating the protective well.
Authorizing Statute
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Management of use, occupancy, and development of public lands43 U.S.C. § 1732