1. (a) The use of vacuum pumps or other devices for the purpose of putting a vacuum on any gas or oil-bearing stratum is prohibited except in fields using vacuum pumps on January 1, 1939, unless otherwise approved by the Oil and Commission or in accordance with subsection (b) of this section, below.

2. (b) Administrative approval. The Director of Production and Conservation or his or her designee is authorized to approve an application for administrative approval of the use of vacuum pumps or other devices for the purpose of putting a vacuum on any gas or oil-bearing stratum if the following conditions are met:

   1. (1) The application provides proof that the field is practically depleted or the use of vacuum pumps or other devices for the purpose of putting a vacuum on any gas or oil-bearing stratum is otherwise necessary for the prevention of waste;
   2. (2) The application includes detailed plat maps indicating current well locations in all included drilling units or leases in uncontrolled pools or fields;
   3. (3) Notice has been given to all owners, as defined by Arkansas Code § 15-72-102(9) and no objections were received by the director in accordance with subdivision (b)(6) of this section, below;
   4. (4) Each such application is submitted on a form prescribed by the director and includes the name and address of each owner as defined in Arkansas Code § 15-72-102(9), within each drilling unit in which applicant seeks approval to use the vacuum pump or other devices for the purpose of putting a vacuum on any gas or oil-bearing stratum;
   5. (5) Concurrently with the filing of such application, the applicant shall send to each owner specified in subdivision (b)(4) of this section, above, a notice of the application filing and verify such mailing by affidavit, setting out the names and addresses of all owners as defined by Arkansas Code § 15-72-102(9), and the date of mailing;

   6. (6)

      1. (A) Any owner, as defined by Arkansas Code § 15-72-102(9), noticed in accordance with subdivision (b)(5) of this section, above, shall have the right to object to the granting of such application within fifteen (15) days after the receipt of the application by the commission.
      2. (B) Each objection must be made in writing and filed with the director or his or her designee.
      3. (C) If a timely written objection is filed as herein provided, then the applicant shall be promptly furnished a copy and such application shall be denied.
      4. (D) If the application is denied under this subsection, the applicant may file an application for hearing in accordance with 15 CAR §§ 275-101 and 275-102, and other applicable hearing procedures;

   7. (7)

      1. (A) An application may be referred to the commission for determination when the director or his or her designee deems it necessary that the commission make such determination for the purpose of protecting the correlative rights of all parties, in order to prevent waste, or for any other reason.
      2. (B) Promptly upon such determination, and not later than fifteen (15) days after receipt of the application, the director or his or her designee shall give the applicant written notice, citing the reason or reasons for referral to the full commission for determination, and the application shall be denied.
      3. (C) If the application is denied under this subsection, the applicant may file an application for hearing in accordance with 15 CAR §§ 275-101 and 275-102, and other applicable hearing procedures; and
   8. (8) If the director has not notified the applicant of the determination to refer the application to the commission within the fifteen-day period in accordance with the foregoing provisions, and if no objection is received at the office of the commission within the fifteen (15) days as provided for in subdivision (b)(6) of this section, the application shall be approved.

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows: "(Source: 1992 rule book; amended July 29, 2011)"