S. H. Bennion v. Utah State Board Oil

OAKS, Justice: This is a case of first impression on the rights of a non-consenting mineral owner under the pooling provisions of the Oil & Gas Conservation Act, U.C.A, 1953, § 40-6-1, et seq. After extensive hearings, the Board of Oil, Gas and Mining ("the Board") ruled for the operator, Shell Oil Co. The mineral owner, Bennion, challenged that order in an action or appeal (the authorizing statute uses both terms, § 40-6-10) in the district court. On cross-motions for summary judgment, the district court affirmed the Boards order, and the mineral owner pursued this appeal. The issues all concern the rights of the owner of a mineral interest who refuses to enter into a voluntary pooling arrangement with the operator of a drilling unit as to the period prior to the effective date of an order forcing the pooling of all interests in the drilling unit.