43 CFR 3162.2-15
§ 3162.2-15 Who has the burden of proof if I appeal BLM's drainage determination?
United States · 43 CFR — Public Lands: Interior · Status: effective
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- Citation
- 43 CFR 3162.2-15, § 3162.2-15 Who has the burden of proof if I appeal BLM's drainage determination?, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/212115
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Full text
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.
Legislative history
This is a federal regulation, adopted through agency rulemaking under the Administrative Procedure Act — not enacted by a recorded vote of Congress.