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FILED JAN 2 0 2017
SECRETARY, BOARD OF OIL, GAS & MINING
BEFORE THE BOARD OF OIL, GAS AND MINING DEPARTMENT OF NATURAL RESOURCES
STATE OF UTAH
IN THE MATTER OF THE REQUEST FOR AGENCY ACTION OF CRESCENT POINT ENERGY U.S. CORP. FOR AN ORDER FORCE POOLING THE INTERESTS OF ALL OWNERS REFUSING TO AGREE TO LEASE THEIR INTERESTS OR OTHERWISE BEAR THEIR PROPORTIONATE SHARE OF THE COSTS OF DRILLING OPERATIONS FOR THE WINN #2-21-3-1E-H1 WELL IN THE DRILLING UNIT ESTABLISHED BY THE BOARD'S ORDER IN CAUSE NO. 131-141, COMPRISING SECTION 21, TOWNSHIP 3 SOUTH, RANGE 1 EAST, U.S.M., WITHIN THE CENTRAL RANDLETT AREA, UINTAH COUNTY, UTAH, FOR THE PRODUCTION OF OIL AND GAS FROM THE LOWER GREEN RIVER AND WASATCH FORMATIONS
PETITIONER'S MOTION FOR LEAVE TO FILE
HEARING EXHIBIT OUT OF TIME
Docl,et No. 2017-001
Cause No. 131-148
Cr·escent Point Energy U.S. Corp. (hereinafter sometimes "CPE" or "Petitioner"), by
and through its undersigned attorneys, and pursuant to Utah Administrative Code R641-1 00-400,
hereby moves the Board of Oil, Gas and Mining (hereinafter the "Board") for an order allowing
CPE to file the attached exhibit, styled Affidavit of Ryan Waller re: Efforts to Locate the Heirs
and/or Devisees of Hal Floyd Upp, Jr. ("Exhibit S") in the above-referenced Cause out of time.
In support of this motion, CPE respectfully states and represents as follows:
The hearing for this Cause is scheduled for Wednesday, January 25, 201 7. CPE has not
yet filed Exhibit S, because the Affidavit captioned as ExhibitS is a recent request made by Mr.
Steven F. Alder. Specifically, he asked CPE to provide an affidavit detailing its efforts to locate
the relevant heirs at issue in Cause No. 131-148. In response to Mr. Alder's request, CPE
provided and sent the attached affidavit of Ryan Waller to Mr. Alder and now seeks to have it
admitted as an exhibit.
The Board may allow filing of hearing exhibits less than 30 days before the scheduled
hearing date upon a showing of good cause. See U.A.C. Rule 641-100-400. Good cause
supports this filing because Exhibit S contains impmtant, highly relevant information that will
assist the Board in understanding and resolving the issues in this Cause. Specifically, Exhibit S
is the Affidavit of Ryan Waller (CPE Landman), detailing CPE's efforts over the past six years
to locate potential heirs and devisees of Mr. Hal Floyd Upp, Jr. Exhibit A to the Affidavit is a
graphic depiction of the Upp Family Tree.
CPE did not provide this affidavit earlier, simply because Mr. Alder only recently
requested it. Mr. Alder does not object to CPE's instant Motion. No other patties have filed a
response in this Cause, and therefore, no prejudice will result by granting this Motion.
Exhibit S and a proposed form of Order Granting Leave to File Hearing Exhibit Out of
Time are attached hereto.
WHEREFORE, for the foregoing reasons, CPE respectfully requests that the Board grant
CPE's Motion for Leave to File Hearing Exhibit Out of Time.
Dated this 20111 day of January, 2017.
LEAR & LEAR P.L.L.C.
By 1ft;;t:~ Ginger L. Utley Attorneys for Crescent Point Energy U.S. Corp. 808 E. South Temple St. Salt Lake City, UT 84102 Telephone: 801.538.5000 mitch.maio@leat·law.com ginger. utley@learlaw.com
CERTIFICATE OF MAILING
I hereby certify that I caused a true and correct copy of the within and foregoing Motion
for Leave to File Hearing Exhibit Out of Time to be mailed, certified mail, postage prepaid, this
L..-o day of January, 2017, to the following :
Steven F. Alder, Esq. Assistant Attorney General - Attorney for the Division of Oil, Gas and Mining 1594 West North Temple # 1700 Salt Lake City, Utah 84116
Michael S. Johnson Assistant Attorney General - Attorney for the Board of Oil, Gas and Mining 1594 West North Temple #300 Salt Lake City, Utah 84116
EXHIBITS
CPE Docket #: 2017-001
Cause#: 131-148
BEFORE THE BOARD OF OIL, GAS AND MINING DEPARTMENT OF NATURAL RESOURCES
STATE OF UTAH
IN THE MATTER OF THE REQUEST FOR AGENCY ACTION OF CRESCENT POINT ENERGY U.S. CORP., FOR AN ORDER FORCE POOLING THE INTERESTS OF ALL OWNERS REFUSING TO AGREE TO LEASE THEIR INTERESTS OR OTHERWISE BEAR THEIR PROPORTIONATE SHARE OF THE COSTS OF DRILLING OPERATIONS FOR THE WINN #2-21-3-1E-H1 WELL IN THE DRILLING UNIT ESTABLISHED BY THE ORDER IN CAUSE NO. 131-141, COMPRISING SECTION 21, TOWNSIDP 3 SOUTH, RANGE 1 EAST, U.S.M., WITHIN THE CENTRAL RANDLETT AREA, UINTAH COUNTY, UTAH, FOR THE PRODUCTION OF OIL AND GAS FROM THE LOWER GREEN RIVER AND WASATCH FORMATIONS.
sTATEOF CD lorCA.dO COUNTY OF ~Vif'
AFFIDAVIT OF RYAN WALLER RE: EFFORTS TO LOCATE THE
HEIRS AND/OR DEVISEES OF HAL FLOYD UPP, JR.
Docket No. 2017-001
Cause No. 131-148
) :ss
)
RYAN WALLER, being first duly swom, hereby states as follows:
I. I am over twenty-one (2 1) years of age. I have personal knowledge of the facts
set forth below, and if called, am competent to testify to the truth of these facts.
2. I am a Landman for Crescent Point Energy U.S. Corp (hereinafter "Crescent")
(any reference to "Crescent" also refers to and includes Crescent's employees and agents).
{00069453.1}
3. As the listed Operator of the Winn # 2-2 1-3- lE-HlWell (hereinafter "Well"),
Crescent retained Lear & Lear, PLLC to prepare a Drilling and Division Order Title Opinion
(hereinafter "DDOTO") covering cettain mineral interests in Section 2 1, Township 3 South,
Range 1 East, U.S.M. in Uintah County, Utah (hereinafter "Subject Lands").
4. The DDOTO identified the heirs and/or devisees of Hal Floyd Upp, Jr.
(hereinafter "Floyd") as owning a mineral interest in the Subject Lands.
5. As background, and for the Board 's convenience, Crescent has prepared a
demonstrative exhibit depicting the relevant pmt ions of the Upp family tree (hereinafter "Upp
Family Tree"), identifying the members of the Upp family who are referenced in this Affidavit
and reflecting their relationship to Floyd. The Upp Family Tree is attached hereto and
incorporated by reference as Exhibit A.
6. As shown in the Upp Family Tree, Mr. H.F. l)pp, a/kla Halleck F. Upp
(hereinafter "Halleck")- Fioyd' s father- is the patriarch of the Upp family. At the time of his
death, Halleck was a record owner of a mineral interest in the Subject Lands. When Halleck
passed away, his interest passed, in three equal shares, to his children: Floyd, Ellsworth
Lawrence Upp ("Ellsworth"), and Norma Margaret Upp McMullen ("Norma").
7. Crescent successfully leased the mineral interests passed to Ellswotth and Norma
and/or their heirs. Thus, 2/3 of Halleck's original mineral interest is leased to Crescent.
8. Crescent has been unable to lease Floyd's 1/3 interest, however, because Floyd
passed away in 1980, and his heirs are unknown and/or unlocatable (collectively, Floyd's heirs
and/or devisees are referred to as the "UnlocatabJe Owners").
2
9. Through its efforts to locate and lease the Unlocatable Owners, Crescent has
determined that Floyd was married to Marva V. Upp ("Marva") at the time of his death and that
Matva and Floyd had no children born of their marriage. Thus, fo llowing Floyd 's death, his
mineral interest would pass to Matva.
l 0. Crescent has fUlther determined that Marva passed away m 1993. Of note,
Marva's obi tuary states that she is survived only by her two brothers. The obituary makes no
mention of any son, living or dead, or of any other smv iv ing descendants. Thus, Crescent
focused its interests on determining and leas ing Marva's legal heirs.
11. While attempting to locate and lease Marva's legal he irs, Crescent learned that
Matva may have had a son from a prior marriage, whose name is believed to be either Lamar
Ellis or Andrea Del E llis (hereinafter "Lamar"). When asked, Upp famil y members confirmed
their be lief that Lamar existed, but explained that because Lamar and Matva were estranged and
had been for more than two decades, none of the Upp family members had any knowledge as to
where Lamar was located, how he could be contacted, whether he was still alive, or even the
validity of his name. Despite repeated efforts, Crescent has been unab le to locate Lamar.
12. In an effort to locate and lease the Unlocatable O wners, Crescent contacted
multiple Upp family members and also consulted various online databases, including the
databases customarily used in the industry: the Social Security Death Index, FinclaGrave.com,
Tributes.com, Ancestry.com, Legacy.com, Whitepages.com, relevant county records (i. e., Uintah
County records), and various other online obituary databases.
3
13. In May 2011 , Crescent visited the last known address of an Upp family relative in
Riverdale, Utah, hoping to locate or obtain information about the Unlocatable Owners.
Crescent's effotts were unsuccessful.
14. In Jtme 2011 , Crescent visited the Weber County Recorders' Office and the
Weber County Courthouse looking for any property records or probate that may have identified
any Unlocatable Owners. Again, Crescent's effotts were unsuccessful.
15. Tlu·oughout June 20 II, Crescent made multiple attempts to locate any Upp family
members by telephone ancVor intemet who may be able to help identify the Un1ocatable Owners
ancVor conclusively determine heirship. Crescent's efforts were unsuccessful.
16. On June 20, 2011, Crescent spoke to Ella M. Upp. Ms. Ella M. Upp was unaware
of any mineral interests or potential heirs thereto but refetTed Crescent to her sister-in-law, Mary
Brown. Despite its efforts, Crescent was unable to contact Ms. Brown.
17. During June and July, 2011, Crescent continued making telephone calls to Upp
family members. For instance, on July 1, 20 11, Crescent spoke with Barbara Oxbonow (Floyd's
niece; Ellsworth's daughter), who infonned Crescent that she had a copy of Floyd's probate and
would meet with Crescent to review it. Crescent attempted to set up an appointment with Ms.
Oxborrow, but she did not respond. Thus, the meeting never occurred.
18. After speaking with Ms. Oxborrow on July 1, 2011 , Crescent immediately visited
the Weber County Records Office and the Weber County Cowt house a second time, this time to
order a copy of the probates of Floyd's and Ellsworth's respective estates. There were no
records of any probate on the Court's computer system for either Estate.
4
19. In response to Crescent's ongoing outreach efforts to the Upp family members, in
October 2011 , Crescent received an email from Mr. Jeff Upp (Floyd's nephew; Ellsworth's son)
which included a copy of Marva's obituary.
20. In Spring 2012, Crescent met with Vemamay Boss (hereinafter "Vernamay")
(Floyd and Marva's sister-in-law; Vemamay was married to Marva's brother, Francis Eugene
Boss) to gather information about Matva, specifically focused on information about Marva's son,
Lamar, and to see if Vem amay would either lease her potential mineral interest or assist the
family in completing probate of Floyd 's and/or Marva's respective estates. Vemamay could not
provide any definitive infotmation about Lamar, except her belief that he existed.
21. In July 2014, Crescent again met with Vemamay to attempt to lease her potential
mineral interest and/or secure her assistance in completing probate for Floyd's and/or Marva's
respective estates. At that time, Vemamay infmm ed Crescent that she would not execute a lease
until there was a final detetmination regarding Lamar's status as a potential heir.
22. In 201 6, the Well began producing, and Crescent, as is standard practice, placed
the proceeds of production attributable to the mineral interest at issue in a suspense account, to
be paid to the rightful heirs once cletem1ined.
23. In Fall 201 6, still without any definitive information regarding Lamar and/or the
probate of Floyd's and Marva's respective estates, Crescent filed the instant Request for Agency
Action seeking to force pool Floyd 's mineral interest.
24. In perfotming its due diligence and in preparation for the hearing before this
Board, Crescent again researched Floyd's heirs, hoping to glean some new information about
Lamar or any of the Unlocatable Owners.
5
25. In January 2017, Crescent learned that Lamar may have passed away in 1992-
one year prior to Marva's death.
26. On January 13, 201 7, Crescent again contacted Vernamay by telephone and spoke
to her and her daughter, Mary Coolidge ("Mary"). During that call, Vernamay confirmed that
Lamar may have died in J 992, but provided nothing definitive to supp01t that fact. In addition,
both Vernamay and Mary confirmed that, as far as they knew, neither Floyd's nor Marva's
respective estates had been probated.
27. Despite its extensive, time-consuming and expensive effotts to identify and locate
the Unlocatable Owners, Crescent has been unable to do so.
28. To date, and despite nearly six years of searching, the rightful heirs to this mineral
interest have not been conclusively detem1ined.
(~ DATED this _______ day of January, 20 17.
By:~ Ryan Wa er Landman of Crescent Point Energy U.S. Cotp.
6
p; if SUBSCRIBED AND SWORN TO before me this~ day of January, 2017.
<·~llOf\, 1 Von ,J /;vlttt .J
Notary Public _ 11/ . Residing at: S).) /t Jl. s71- /?c-v
i-ftVve/1 co 0 c/ 2 {/' z (
7
EXHIBIT A
CPE Docket#: 2017-001
Cause#: 131-148
(inl passes to 2 kids, 112 each)
Dennis McMullen; and Michael McMullen
~ - H.F. Upp a/k/a Halleck Floyd Upp I I (deceased 1965)
I (int. passes to 3 kids. 1/3 each)
l L I ---l larFToyd Upp. Jr. -~
(dt:ccascu 19RO ,I
(int. passes to 5 kids. 1/5 each)
1 ett Upp;
John G. Upp; Barbara U. Oxburrow; Geraldine Glenn; and
Harold E. Uoo (deceased 2007)
Lamar Ellis or Andrea Del Ellis (Marva's possible son)
Presumed dead in 1992, but no proof of his life or his death
l
(PRESUME int. passes to Marva V. Upp as surviving spouse)
Marva V. (Boss) Upp (deceased 1993)
\)!
Vernamay Boss IVernamay's (Marva and Floyd's siblings and sister-in-law) their heirs
Vernarnay and her siblings (their children) may be Marva's heirs. but only if Marva's son predeceased her and had no legal heirs
CPE Docket#: 201 7-001
Cause#: 131-148
PROPOSED ORDER GRANTING LEAVE TO FILE HEARING EXHIBIT OUT OF TIME
BEFORE THE BOARD OF OIL, GAS AND MINING DEPARTMENT OF NATURAL RESOURCES
STATE OF UTAH
IN THE MATTER OF THE REQUEST FOR AGENCY ACTION OF CRESCENT POINT ENERGY U.S. CORP. FOR AN ORDER FORCE POOLING THE INTERESTS OF ALL OWNERS REFUSING TO AGREE TO LEASE THEIR INTERESTS OR OTHERWISE BEAR THEIR PROPORTIONATE SHARE OF THE COSTS OF DRILLING OPERATIONS FOR THE WINN #2-21-3-1E-H1 WELL IN THE DRILLING UNIT ESTABLISHED BY THE BOARD'S ORDER IN CAUSE NO. 131-141, COMPRISING SECTION 21, TOWNSHIP 3 SOUTH, RANGE 1 EAST, U.S.M., WITHIN THE CENTRAL RANDLETT AREA, UINTAH COUNTY, UTAH, FOR THE PRODUCTION OF OIL AND GAS FROM THE LOWER GREEN RIVER AND WASATCH FORMATIONS
[PROPOSED) ORDER GRANTING LEAVE TO FILE HEARING EXHIBIT
OUT OF TIME
Docket No. 2017-001
Cause No. 131-148
The Board of Oil, Gas and Mining (hereinafter the "Board") having fully considered
Crescent Point Energy U.S. Corp.'s (hereinafter "Petitioner") Motion for Leave to File Hearing
Exhibit Out of Time (hereinafter "Motion") and the grounds and reasons provided therefore,
and good cause appearing, hereby enters its Order granting the Motion as follows: The Motion is
granted and leave to file ExhibitS attached to the Motion is hereby given. For all purposes, the
Chairman's signature on a faxed or electronic copy of this order shall be deemed the equivalent
of a signed original.
Issued this ____ day of January, 2017
STATE OF UTAH BOARD OF OIL, GAS AND MINING
Ruland J Gill, Jr., Chairman
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