§ 23-0501. Well permits.\n 1. a. This section shall not apply to (1) wells drilled, deepened,\nplugged back or converted in oil fields or pools which were discovered,\ndeveloped and operated prior to January first, nineteen hundred\neighty-one, and (2) wells drilled, deepened, plugged back or converted\nin natural gas fields or pools which were discovered, developed and\noperated prior to January first, nineteen hundred ninety-five and which\nare not being extended.\n b. As used in titles five, seven and nine of this article, unless the\ncontext otherwise requires:\n (1) "Statewide spacing" means spacing units for gas or oil wells that\nare within ten percent of the following sizes, as applicable, unless\nanother percentage is specifically stated:\n (i) For Medina gas pools at any depth, 40 acres with the wellbore\nwithin the target formation no less than 460 feet from any unit\nboundary, plus, if applicable, the number of additional acres necessary\nand sufficient to ensure that any horizontal wellbore within the target\nformation is not less than 460 feet from any unit boundary;\n (ii) For Onondaga reef or Oriskany gas pools at any depth, 160 acres\nwith the wellbore within the target formation no less than 660 feet from\nany unit boundary, plus, if applicable, the number of additional acres\nnecessary and sufficient to ensure that any horizontal wellbore within\nthe target formation is not less than 660 feet from any unit boundary;\n (iii) For fault-bounded Trenton and/or Black River hydrothermal\ndolomite gas pools where the majority of the pool is between 4,000 and\n8,000 feet deep, 320 acres with the proposed productive section of the\nwellbore within the target formation no less than one-half mile from any\nother well in another unit in the same pool and no less than 1,000 feet\nfrom any unit boundary that is not defined by a field-bounding fault but\nin no event less than 660 feet from any unit boundary;\n (iv) For fault-bounded Trenton and/or Black River hydrothermal\ndolomite gas pools where the majority of the pool is below 8,000 feet,\nwithin five percent of 640 acres with the proposed productive section of\nthe wellbore within the target formation no less than one mile from any\nother well in another unit in the same pool and no less than 1,500 feet\nfrom any unit boundary that is not defined by a field-bounding fault but\nin no event less than 660 feet from any unit boundary;\n (v) For shale gas pools at any depth, for a vertical well outside any\nexisting spacing unit for the same formation, 40 acres with the wellbore\nwithin the target formation no less than 460 feet from any unit\nboundary;\n (vi) For shale gas pools at any depth, for a horizontal well outside\nany existing spacing unit for the same formation and with a written\ncommitment from the well operator to drill infill wells pursuant to\nsubdivision 4 of section 23-0503 of this title, with all horizontal\ninfill wells in the unit to be drilled from a common well pad within\nthree years of the date the first well in the unit commences drilling,\nnotwithstanding the ten percent tolerance specified in this\nsubparagraph, up to 640 acres with the initial horizontal wellbore or\nwellbores within the target formation approximately centered in the\nspacing unit and no wellbore in the target formation less than 330 feet\nfrom any unit boundary;\n (vii) For shale gas pools at any depth, for a horizontal well outside\nany existing spacing unit for the same formation and in the absence of a\nwritten commitment from the well operator to drill infill wells pursuant\nto subdivision 4 of section 23-0503 of this title, 40 acres with the\nwellbore within the target formation no less than 330 feet from any unit\nboundary plus the number of additional acres necessary and sufficient to\nensure that the wellbore within the target formation is not less than\n330 feet from any unit boundary;\n (viii) For all other gas pools where the majority of the pool is above
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