{"data":{"id":"us/43-cfr-3162.2-11","jurisdiction":"us","citation":"43 CFR 3162.2-11","heading":"-11 How soon after I know of the likelihood of drainage must I take protective action?","body":"(a) You must take protective action within a reasonable time after the earlier of:\n(1) The date you knew or had constructive notice that the potentially draining well had begun to produce oil or gas; or\n(2) The date we issued a demand letter for protective action.\n(b) Since the time required to drill and produce a protective well varies according to the location and conditions of the oil and gas reservoir, BLM will determine this on a case-by-case basis. When we determine whether you took protective action within a reasonable time, we will consider several factors including, but not limited to:\n(1) Time required to evaluate the characteristics and performance of the draining well;\n(2) Rig availability;\n(3) Well depth;\n(4) Required environmental analysis;\n(5) Special lease stipulations which provide limited time frames in which to drill; and\n(6) Weather conditions.\n(c) If BLM determines that you did not take protection action timely, you will owe compensatory royalty for the period of the delay under § 3162.2-12.","path":["Title 43—Public Lands: Interior","Subtitle B—Regulations Relating to Public Lands","CHAPTER II—BUREAU OF LAND MANAGEMENT, DEPARTMENT OF THE INTERIOR","SUBCHAPTER C—MINERALS MANAGEMENT (3000)","PART 3160—ONSHORE OIL AND GAS OPERATIONS","Subpart 3162—Requirements for Operating Rights Owners and Operators"],"source_url":"https://www.ecfr.gov/api/versioner/v1/full/2026-08-25/title-43.xml","current_through":"2026-08-25","vintage":"","retrieved_at":"2026-08-27T02:26:15Z","sha256":"2cc0073732f96b618ce6a7b3b001fef95dc929f97cef0e565cd25f373385801c","source_id":"us-cfr","stale":true,"prev":"us/43-cfr-3162.2-10","next":"us/43-cfr-3162.2-12"},"notice":"GroundRules: Original legal text. Not legal advice."}