43 CFR 3162.2-15 - Who has the burden of proof if I appeal BLM's drainage determination?

Regulations last checked for updates: Oct 19, 2024

Title 43 - Public Lands: Interior last revised: Sep 06, 2024

View all text of Subpart 3162 [§ 3162.1 - § 3162.7-4]

§ 3162.2-15 - Who has the burden of proof if I appeal BLM's drainage determination?

BLM has the burden of establishing a prima facie case that drainage is occurring and that you knew of such drainage. Then the burden of proof shifts to you to refute the existence of drainage or to prove there was not sufficient information to put you on notice of the need for drainage protection. You also have the burden of proving that drilling and producing from a protective well would not be economically feasible.

[66 FR 1894, Jan. 10, 2001]

authority: 25 U.S.C. 396d and 2107; 30 U.S.C. 189,306,359,and; 43 U.S.C. 1732(b), 1733, 1740; and Sec. 107, Pub. L. 114-74, 129 Stat. 599, unless otherwise noted

source: 47 FR 47765, Oct. 27, 1982, unless otherwise noted. Redesignated at 48 FR 36583, Aug. 12, 1983.

cite as: 43 CFR 3162.2-15