Bennion v. Utah State Board of Oil, Gas & Mining

OAKS, Justice:

This is a ease of first impression on the rights of a nonconsenting 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 Board’s order, and the mineral owner pursued this appeal. The issues all…