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