R-238
OFFIcE OF
THE ATTORNEY GENERAE
AUSTIN~ TEXAS
PRICE DANIEL 1
ATTORNEYGENERAL
May 14, 1947
-
Honorable Ernest 0, Thompson
Chairman
Honorable W. J. Murray, Jr.
Comlssloner
Honorable Olin Culberson
Commissioner
Railroad Commlsslon ol Texas
Capitol station
Auetln, Texas
Opinion Nor V-197
Re: Is the Railroad Commis-
sion or Texas empowered
under Article 6008,
v. c. s., to amend a
gas proration order for
the Carthage Field,
thereby permittingthe
balancing of over and
under pro’ductionfor a
period of a year with
proviso. And related
questions.
Dear Sirs:
We have your letter ot Maroh 1, 1947, read- ,
lng ae followa:
“This Commission has held extensive
hearings looking to the entry of’a leaslble
plan of proration for the Carthage Gas
Field, Panola County,Texas. Many wit-
nesses have been heard and considerable
evidence ofrered, in support of an order
containing provisions substantiallyas
follows:
7’(B) Underproduction:
Hon. Ernest 0. Thompson - Page 2
"'(1) In the event there shall not be proi
duced from any gas well In the Carthage
Field, during any one month, as much gas
as Is allocated thereto under schedules of
well allowables issued under orders of the
Commission,the operator of any such well
shall be pelmftted to carry fonrard to the
succeeding month, as allowable gas to be
produced during the succeedingmonth from
suoh well, the amount of such month's under-
production for that well.
"'(2) If, during any succeedingmonth, all
such underproductioncarried foxward from
the preoeding month for any gas well is not
produced during such suoeeeding month, ovm
and above the current monthly allowable of
such well as shown by the Commission'ssohed-
riles,,
then the amount of such underproduotlon
so carried forward and remaining unproduoed
at the end of the succeedingmonth, may be
oarrled forward to the suooeedlngmonths,
as allowable production over and above the
allowable for such well as may be shown by
the Commission'sschedules.
"'(3) Any well incapable of producing its
scheduled allowable shall have assigned as
an allowable that quantity of gas that it
can deliver in a 24 hour period ageist the
pressure existing in the pipe Une to whloh
it is connected. Such well will be given
preferred treatment to the end that Its our-
rent allowable may be produced monthly since
such well is incapable of making up any
underproduction.
"'(C) Overproduction:
"'(1) Exoept as hereinafter provided each
operator of each gas well in the Carthage
Field, whloh is over-produosdat the end
of the oalendar month, shall so operate
suoh well during the succeedingmonth so
that the total productionfrom suchwell
for the two months' period is not in ex-
oesa of the total allouable of such well
for the two months' period.
Eon. Ernest 0. Thompson - Page 3
v’(2) To facilitate the purchase of gas
from any gas well any operator, upon cer-
tification of necessity by his purchaser
to the commission,can dontinue to over-
produce an well, beyond the limits of Para-
graph C (1 providi the overproduction
does not exceed
v six3 6) times the current
allowable, and further providing that any
well overproducedby any amount will have
its cumulative production balanced with its
cumulativeallowable within one year after
the first day of the first month when such
accumulatedoverproductionbegan. No well
shall be permitted to prod,uceduring any
month a total quantity of gas in excess of
two and one half times its c’urr~ent
monthly
allowable.
“‘D) Ratable Take:
“‘It is the intent of this order that eaoh
well in the Carthage Field will produce
ratably with every other well and all pre-
ceding regulationsare designed to this
end; and each purchaser shall take gas
ratably from the wells to which it is con-
neoted.
“‘Any operator of a gas well in the Car-
thage Field may call the attention of the
Commission to conditions in the Field that
result in un-ratable production of gas from
gas wells therein. Upon taking evidence
in a hearing, the Commissionwill take any
action deemed proper to restore ratable
production.’
*The present basic order for the field pro-
vides as r0ii0ws:
“Vnderproduction.
“‘1) In the event there shall not be
produced from any gas well in the Carthage
Field, during any one month, as ‘much gas
as is allocated thereto under schedules of
well allowable issued under orders of the
Commission,the operator of any such well
Hon. Ernest 0. Thompson - Page 4
shall be permitted to carry forward to the
suoceedingmonth, as allowable gas to be
produced during the succeedingmonth from
such well, the amount of such month’s under-
produotion for that well.
“I(2) If, during any succeedingmonth,
all suoh underproductioncarried forward
rrom the preceding month for any gas well
is not produced,during such succeedingmonth,
over and above the current monthly allowable
of suoh well as shown by the Commission’s
schedules, then the amount of such under-
productionso carried forward and remaining
unproduced at the end of the succeedingmonth,
may be carried forward to the next succeed-
ing month, as allowable production over and
above the allowable for such well as may be
shown by the Commission’sschedule, all sub-
ject to the limitationsimposed by the next
succeeding paragraph hereof.
“‘(3) No operator shall ever be per-
mitted to carry forward as allowable produo-
tlon for any gas well, any underproduotion
of gas from such well incurred during a pre-
ceding month, or months, in exoess of the
current monthly allowable gas allocated to
such well, as shown by the current Commls-
slon’s schedule of well allowables.
“l(C) Overproduction.
“‘(1) Each operator of each gas well
in the Carthage Field, which is overpro-
duced at the end of the calendar month,
shall so operate such well during the suc-
ceeding month so that the total production
from such well for the two months’ period
is not in ,excessof the total allowable
of suoh well for the two months* period.
“‘(2) Any gas well which, at the end
of the oalendar month, is overproducedto
the extent that its produotionduring that
month is in excess of the allowable for
such month, plus the allowable for the
succeeding month, shall be shut in until
its aocumulatedallowable, from the first
Hon. Ernest 0. Thompson - Page 5
day of the calendar month in which such
overproductionoccurred, is equal to its
total productionsince that date.’
“Under the present order the Commission
prorates the productionof gas from the Car-
thage Field by determiningmonthly the market
demand for gas based upon the nominations of
purchasers and other information; When the
mrket demand has been ascertained,a pro-
portionate part thereof is allocated, ratably,
to each well connection in the field based
upon an allocation formula not here involved.
“Under the portion of the present order
above quoted, a well is permittedto overpro-
duce during any one calendar month provided
such overproductionis made up during the
succeeding calendar month ‘so that the total
production from such well for a two months’
period is not in excess of tbe t,otalallow-
able of such well for the two months.’
“Evidence has been offered the Commis-
sion that this go-day period has not sufficient
flexibility to care for the requirementsof
all gas lines during the seasonal highs. For
example, a particular line taking gas from
certain connections in the field will have in
the winter months a demand for considerably
more gas than allowed to its well connections;
in the summer months the demand on this line
will be less than the allowable of its well
connections. In other lines from the field,
the converse is true. The various pipe lines
are not interconnectedas the pressures in
the lines differ. Without regard to the dif-
ficulty of working out the conflictingcon-
tractual rights involved, it has,been esti-
mated that a very considerableamount of money
would be required completely to interoonnect
all of the lines and wells in the field and
install the required measuring devices and
compress0rs. The proposed plan of proration
has been offered to the Commission for con-
sideration as designed to eliminate these
difficultiesby providing a ‘bankingsystem’
of gas withdrawals whereby overproduction
will be permitted for a six months’ period
Hon. Ernest 0. Thompson - Page 6
provided such overproductionis maae up during
the succeeding six months’ period.
“The Commission understandsthat before
any such plan of proration can be authorized
for the Carthage Gas Field, the Commission
must find that the plan will not cause waste,
and will either prevent waste or protect cor-
relative rights and promote the ratable taking
of gas.
“It has been suggested, however, that al-
t,;;;;&t,heCommissionmay rake these necessary
nevertheless,the proposed plan and
order might be unlawful under the provisions
of Article 6008, V. A. C. 5.
“The opinion of the Attorney General is
therefore respectfullyrequested in answer to
the following question:
“Is the Railroad Commission of Texas em-
powered under the provisions of Article
6008, V. A. C. S., to enter a gas pro-
ration order for the Carthage Field oon-
taining provisionssubstantiallyin
keeping with the proposed plan outlined
in this letter, provided the Commission
finds that the plan is necessary to pre-
vent waste or to protect correlative
rights and promote the ratable taking of
gas from the field?
“. . .
“The further opinion of the Attorney Gen-
eral is respectfullyrequested in answer to
the following questions:
“(1) Would an order containing the language
in t(B) Underproduction1and contain-
ing the three pSI%grSphS therein noted,
on page one thereof, be violative of
the court’s decision and the Commis-
sion’s orders with reference to ‘back
allowable’?
“(2) Would an ,ordercontaining the language
in l(C) Overproduotion’and the
w
Hon. Ernest 0. Thompson - Page 7
following two paragraphs be violative of
Section 16, Article 6008, Revised Civil Stat-
utsa , and of the Commission~sorder in Oil
and Gas~,DocketNo. 108, dated Deoember 10,
1935, titled ‘SpecialOrder Fixing the Allow-
able Production of Sweet and Sour Natural
Gas in all Districts in Texas Except the
Panhandle District’Pw
We reword for clarificationthe problem you
have in the Carthage Field.
There are several outlets (pi,pelines) for the
Field. Some of these outlets have a constant daily ae-
mand or load factor. The other outlets vary with’the
weather, i.e., one has a demand varying from practically
zero in the summer months to in excess of 40 million cubic
feet per day in the winter months. Under the present, _.
..,
method of proration the pipe lines wit h
daily demand canno in the winter months (because of the
increased demands of the pipe lines having seasonal de-
mands) take all of the allowable gas from its oonnections.
In the summar months, those ipe lines do not have suf-
ficient allowable for their 7constant) requirementsb’e-
cause of the low demand of the lines with t~heseas,onal
demands. ,And on the other hand, the pipe’lines with
seasonal demands cannot in the summer months take the.
allowables assigned to their connections,while in the
winter months, the allowable8 are not sufficient to meet
their market demand.
We have given your request extensive and studied
research, for we are informed that the operators and royal-
ty owners favor the proposed amendments,and by these amend-
ments you seek to alleviate the operating problems encoun-
tered in the Carthage Field. It is only after this study
and our conclusionsthat we proceed with this opinion. It
is without the province of your Attorney General to make
the law. Our duty is ta enforce the law and to interpret
it for your guidance.
The Legislature in the exercise of its power
has passed regulatory measures to protect correlative
rights and prevent the waste of natural gas in this
State. Title 102, V. C. 5. A considerationof these
legislativeaats discloses, we think, a ~realization by
the Legislature that due to the magnitude ana multi-
plicity of problems encounteredin the productionand
4 V
Hon. Ernest 0. Thompson - Page 8
conservationof oil and gas, it was the clear and express
purpose and intention of the Legislature to vest in the
Commission broad and discretionarypower and authority
to carry out the duti
ciner Oil (ERefining
APP. 19431 49 w
(SUD. Ct. h?d:kk We recocznlze further
that “It is utterly impossiblefor the Legislature to
meet the demands of every detail in the enactment of laws
relating to the reduction of oil and gas . . . and
(the LegislatureP has authorized the Railroad Commission
to handle the details relating to the preservationand
conservationof the natural resources of the State.”
Corzelius v. Harrsll (Sup. Ct. 1945)) 186 S. Y!. (2d) 961,
.
Nevertheless,the broad power of the Railroad Com-
mission to act in these matters is limited by certain specif-
ic legislativeprovisi.ons.Certain acts were passed by the
Legislaturewhich specificallydeclare the publio policy of
this State with respect to the development and protection
of natural gas and establish primary standards relating to
such policy and place the duty upon the Commission to carry
out the detail under the several-provisionsof the statutes.
Compare Brown v. Humble Oil & Refinlnp
83 S. Vl.-Tza)? 940 941 Conellus
19451, i&s 9. w. I2d) ;Js1,;9K-----F
Sections 10 and 11, Artlole 6008, V. C. S., pro-
Vi&Y as followa :
“SfJo.10. It shall be the duty of the
Commissionto prorate and regulate the dally
aas well oroductlonfrom each common reservoir
yn~the manner and method herein set forth,
Th Commission shall prorate and regulate such
przduotion for the protectionof public and
private interests:
‘(a) In the prevention of waste a8 ‘waste’
is defined herein;
*(b) In the adjustment of correlative
rights and opportunitiesof each owner of gas
in a aommon reservoir to produce and use or
sell such gaa as permitted in this Article.”
(Emphasissupplied).
.
Eon. Ernest 0. Thompson - Page 9
“Sec. 11. The Commissionshall exercise
the authority to accomplishthe purpose desig-
nated under item (a) of Seotlon 10 when the
presenoe or imminence of waste is supported
by a finding based upon the evidenoe intro-
duoed at a hearing to be held as herein provided.
“The Commlsslon shall exeroise the au-
thority to aooomplishthe purpose designated
under item (b) of Section 10 when evidence
introduced at a hearing to be held as herein
provided will support a finding made by the
Commission that the aggregate lawful volume’or
the open flow or daily potential capacity to
produoe of all gas wells located in a common
reservoir, Is in excessof the daily reasonable
market demand for gas from gas wells that may
be produced from such common reservoir, to be
utilized as permitted in this Article.”
By Section 10, supra, the Legislature manda-
torlly instructed the Commission to “prorate and regu-
late the daily gas well produotion from each donvnon
reservoir” to the ultimate ends of the preventionof
waste and the adjustment of correlative rights. Sec-
tion 11, supra, defines the conditions precedent to
the exeroise of authority allowed in Section 10.
Section 12 or Article SO@, V. C. S., provides
as follows:
Wet. 12. On or before the twentieth
(20th) day of each calendar month the Com-
mission shall hold a.-_.
hearing
_ after notice has
been given, as provlded by law, for the pur-
pose of determining the aggregate daily ca-
pacity to produce of all gas wells in a com-
mon reservoir, and as nearly as possible, the
daily volume of gas from each common reser-
voir that will be produced from gas wells
during the following month to be utilized as
permitted in this Article. Upon such deter-
mination, the Commission,based upon evidence
introduced at suoh heering, shall allocate to
eaoh Rae well producing gas from such common
reservoira percentage of the daily productive
Hon. Ernest 0. Thompson - T%?e 10
capacity of euoh vie11which may be produced
daily during the following month from each
gas well producinggas from such common reser-
voir. Such percentn<:e of the daily producing
capacity of each :vellshall be re,Tardedas its
daily allowable production of such daily vol-
ume required for utilizationfrom such common
reservoir. The d.ailynllo%sble production
of eech gas well shall be computed anfi,
allo-
cated as provided in Sections 13 and 14.”
In this Section, the Legislature provided that
the Commission “shall allocate to eoc!?gas well” a -per-
centage of the daily productive capacity of each well
;;;S$ ma~,,“,;,,p;o,c~,e;~~during the following month.”
be retarded as its daily allow-
able production.” Any flexibility in determiningthis
“percentage”is constricted by those mandatory factors
enumerated in Section 13, infra.
The “dallv allowable prsducti.on”
or “prrcen-
taplenis to be computed and allocated in accord~anaewith
Sections 13 and 14 of Article 6008, V. C. S., providing
as r0ii0w8:
Vet, 13. In determininr? the daily allow-
able prod,uctlonfor each gas well the Commis-
sion shall take into occount the size of the
tract segre,gatedwith respect to surface po-
sition and common ownershio upon which such gas
well or wells are located; the relation be-
tween the daily ?roducinK cnpacity of each gas
well and the aggregate daily capacity of all
gas wells producinv the seme kin.6 of gas in
the same common reservoir or zone; and ~11 other
faotors which nre prtinent;provi,ded tl1r.t the
Commission shall not tnke into account the
afve of the tract upon which any gas well or
wells are located in exceea of the efficient
drainage area of such Tide11
or wells, producing
at twenty-five per cent (25;) of the doily oro-
ductive capacity,which drainage area shall be
determinedby the Commission. In ascertaining
the drainage area of R well, the Commission
shall take into account such factors as are
reflected in the pror’uctivecapacity of R nas
well, including formation pressure, the
Hon. Ernest 0. Thompson - Page 11
permeabilityand porosity of the producing
formation, and the well bore’s structural po-
sition, together with all other factors taken
Into aooount by a reasonably prudent operator
In determiningthe drainage area for a gas
well.
“Sec. 14. It shall be the duty of the
‘ConunIssIon,after notice and hearing, to as-
certain and determine the reasonablemarket
demand for gas from gas wells to be used for
light and fuel purposes and for all other law-
ful purposes to which sweet gas may be put
under the terms of this Article and by proper
order to restrict the production of gas from
all gas wells in said field producing such gas
to an amount equal to market demand or to ,an
amount which may be produced without waste as,
otherwise defined; provided, however, the pro-
duction of such gas shall in any event he
restrictedto the amount of the reasonable mar-
ket demand therefor. In such order the Com-
mission shall allocate, distribute or apportion
the total allowable production from such field
among the various zas wells affected by the order
on a reasonablebasis, and as provi.dedin Sec-
tion 13. It shall likewise be the dut of the
Commission to prorate the daily n,asweP1 pro-
duotion of sour gas produced from each common
reservoir of sour gas In this State. The hear-
ins for such purpose shall be held at the same
time as the hearing pertaIni,ngto the proration
of sweetsgas well production. The proration
of sour gas well production shall be accom-
pli.shedaccording to the manner and method
herein provided for the proration of sweet
gas well production.”
The phrase ‘Vailother facts which nre pertinentfq
in Seotlon 13, supra, must be interpretedIn accordsnce
with those faotore preceding. We cannot include within
thIe phrase any power within the Commission commensurate
with t.hepower you propose to exercise in your proposed
amendments. The phrase has reference t,ofaotors similar
to the “size of the tract”, “drai,nagearefl”,etc.
In Section 14, supra, the Commission is to
allocate “the total allowable production”‘from such field
among the various gas wells on a “reasonable basi9 and
.
Hon. Ernest 0. Thompson - Page 12
as provided In Section 13. This Is a standard for the
CommIsaIon. It must consider the factors outlined in
Section 13 and allocate that productionamong those wells
eon “8 reasonable besis” so as to prevent waste and/or
protect correlativerights. It must do so to prevent
dIsorImInatIonIn allocationamong gas wells of that
“total allowable production”.
In this connectionArticle 604961,Section 4,
y. c. s., provides as follows:
Vet. 4. Whenever the full production,
from wells producing gas onlv, from any common
source of supply of natural gas in this State
ie in excess of the reasonsblemarket demand,
the Railroad Commission shall Inquire into the
productionand reasonablemarket demand therefor
and shell determine the allowable production
from such common source of supply, which shall
be the reasonablemarket demand which can be
produced without we&e, and the Commission
shell allocate, distribute or apportion the al-
lowable produotion from such common source
of supply among the various producers on a
reasonablebasis, and shall limit the produc-
tion of each producer to the amount allocated
or apportioned to such producer.”
The CornmissIonis, therefore, to “limit the pro-
duation of each produoer to the amount allocated or ap-
portioned to such producer.”
Your procedure is, therefore, outlined by
statute and your duties provided. If the conditions
are met as prescribed in Section 11, supra, on or before
the 20th of each month, you are to hold a hearing,a fter
proper notiae, for the purpose of determining the “ag-
qregate daily capacity to produce of all gas wells In
a common reservoir”and the “reasonablemarket demand
for gas from gas wells that may be produced from the
reservoir to be utilized as permitted” In Article 6008.
(Sections11 and 12, supra) Upon t.hlsdetermination
you are to allocate to each gas well producing gas from
the coprmonreservoir, “a percenta.?e of tke daily pro-
duotlve capacity of each well which may be produced daily
during the following month.” Such percentage is “its
daily allowable production”. Factors to be used in your
determInatIonof this “daily allowable production”are
outlined In Section 13, supra. By Article 6049d, Section
4, supra, you are to "limit the productionof each pro;
duoer to the amount allocated or apportioned to such
producer.”
. .
. L
Hon. Ernest 0. Thompson - Page 13
An aoourate formula for the allocation of~mar-
ket demand, pursuant to those legislativestandards,would
ordinarily effeotuate the protection of correlativerights
and/or the prevention of waste. The conditions you de-
scribe do not necessarily Imply that the present formula
is ill-designedfor the effectuationof those purposes if
the oonditionsare the result of lndlvldual pipe lines at-
tempting to .rulflll their contractual obligationsor mar-
kets, taking gas only from their conneotions. Contractual
obligations do not determine correlativerights. See Ed-
formula whether market demand is rigid or
ol’ allocation,
oses (correlativeriuhts and pre-
ur
~Z~~:.~t~~~a-~w~~complished~ for-the alloaa-
tlon “percentage*wm zmain stable, iariatlon will be
in the amount.
The efieotuationof produotloe under the sllo-
oatlon remains with the operator. All the Commission can
do is allocate the market demand reasonablyand In agoord-
anoe with legislativestandards to etfeotuatethe pur-
poses of the act. This was the intent of the Legislature.
We cannot attribute an intent of the Legislature to provide
powers which are expressly denied in Section 16, inf’ra,
the mandates of preceding sections, and further without
the oontemplationof the Legislatureas gathered from Ar-
tiole 6008.
Section 16, Article 6008, V. C. S., provides as
roiiows:
*Sec. 16. It shall be unlawful for any
person to produce gas from a gas well as herein
defined in exoess of the daily allowable pro-
duction in such sohedule of allowable produo-
Mon. The rate of productiontram any gas
well shall be deemed to be the average dally
rate o? produotion for the month.”
A *soheduleW, as long issued by the Railroad
Commission, is an enumerationof the various producers
. .
Hon. Ernest 0. Thompson - Page 14
within a given field, providing therein the authorized
dally allowable production’forthe ensaillg,month, Seo-
tion 16 makes nunlawful.Rany *excess* production of gas
over that authorized “daily allowable produotion‘inthe
schedule.”
Section 16 is a blanket prohibition and nega-
tives any Implied power to permit acts whioh would be in
violation thereof. The statute is unambiguous. In such
oase, the proper rule of oonstrubtionIs the plain import
and intent of the words.
The provisions of Artiole 6008, heretoforedis-
oussed, oompel the preparationot a sohedule for the en-
eulns month, proviQlng preoisely the authorized dail
allowable for eaoh well. The proposed amendment wou d
--if
lloense riolatiow of that asohedule.W Section 16, supra,
speolfioallyprohibits that violation and makes *exoess
produotlonn (authorizedunder the proposed amendment)
Wnlawf ul .”
Seotion 18 of Article 6008, V. C. S., ‘provides
as follows:
Veo. ia. When unforeseenoontingenoies
inorease the demand for gas requiredby any
distributor,transporter or purohaser to an
amount in exoess of the total allowable pro-
duotion of the wells to which he is oonneot-
ed, suoh distributor,t nsporfer or purohaser
is authorized to increas
5 his take ratably
rrom all suoh wells in order to supply his de-
mand for gas, provided, however, that notioe
of suoh increase and the amount thereof shall
be given to the Commissionwithin five (5)
days; and provided rurther that the Corm&-
sion, at Its next hearing, shall adjust tJie
inequality of withdrawals caused by suoh”in-
orease in fix1 the allowable pzroduction or
the various we1
T a in the common reservoiror
zone.”
This Notion authorizes increased exoess pro-
duotion on “unforeseenoontingenoies,”creating by stat-
ute an exoeption to Section 16, supra, This increase in
produotion over the authorized daily allowable must be
balanoed the month following.
.- * u ,r/’
Hon. Ernest 0. Thompson - Page 15
Section 19 of Article 6008, V. C. S., provides
as follows:
“Sec. 19. If the Commission finds upon
considerationof the evidence introduced at a
hearing that either or both of the purposes
designated under Section 10 of this Article
may be more adequatelyaccomplishedby zoning
a common reservoir,the Commission shall zone
such common reservoir. If the Commission zones
such oommon reservoir, each zone shall be re-
garded aa a separate oommon reservoir in making
allooations of daily allowable produotlonas
provided in this Artiole. The Commissionshall
allooate to ~eaoh zone its just proportion of
the market demand for gas from the common reser-
voir, and shall establish appropriaterules and
regulationsapplicable to each zone and shall
have the right to adjust its orders to the prac-
ticable conditionswhich exist and to enter any
reasonableorder which is necessary to effectu-
ate the purpose o? this law. The Commission is
expressly authorized to segregate a sour gas
,,areafrom a sweet gas area and shall not be re-
quired to restrict the allowable production of
the sour gas zone to the same percentagesthat
may be produced from the sweet gas zone.*
If you have been unable to devise a formula for
the allocation of production, proteotlng thereby oorrel-
atlvs rights and/or preventingwaste, the ~Legislaturehas
specifioallgauthorizedthe Connnlsslon upon a finding that
those ourooses “may be more adenuatelyaooom she
zon$a@ to aone “such oommon reservoir.” Br% pdebrgis
gran ed the Commission in the effectuationof these pur-
poses when a oommon reservoir is zoned. While we do not
have the necessary facts to determine the question, this
may be the solution to the conditions now existing in the
Ca,rthageFielde This determinationis within the prov-
ince of the Commission.
The essence of Section 19, ‘~supra,
supports I&
view we have taken of the powers of the Commission. The
Legislature provided in this Section alternativemeans for
the effectuationof the purposes of Article 6008. If you
determine that neither the statutory formula nor zoning
will aooomplish the purposes of our conservationalews in
the Carthage Field, then a change in the present laws by
the Legislature is the only solution.
w
Hon. Ernest 0. Thompson - Page 16
WO answer your first question in the negative.
In view of this opinion, your second and third
questions do not require answers.
The Railroad Commission of Texas is
without power under Article 6008, V. C. S.,
et seq., to authorize by rule or order the
balancing of over and under production of the
legally prescribed gas allowable (with pro-
viso for maximum daily and monthly allowable)
for a period of a year.
Yours very truly
ATTORNZYGENERAL OFTEXAS
EMH:jt
The foregoing opinion was'consideredand approved
inconferenoe composed of Assistant Attorneys Gen-
eral Fagan Dickson, Joe Greenhill;Douglas Pruett,
F. D. Brown, and Special Assistant James D. Smull-
en. h
P2 i?c$+d
orney enera
Chairman of the Gonferenoe