The well licensee owns an abandoned well if it remains in an active agreement and has not vested to the Crown. If the agreement is cancelled or the portion of land has been deleted from the active agreement, then the well drilled on these lands vests to the Crown pursuant to section 32 of the Mines and Minerals Act
As soon as your agreement was cancelled the well vested to the Crown. If the well is classified at the time of cancellation as an active injection or disposal well, the well still vests to the Crown but you are automatically given authorization to use the well for that purpose in the disposal/injection zone only.
When an agreement is expired or cancelled and it contains either an active injection or a disposal well, you are automatically authorized to use the well for those purposes. You will need to abandon the well once you cease injection or disposal activities.
When an agreement or portion of an agreement is cancelled, the well vests immediately to the Crown under Section 32 of the Mines and Minerals Act
. The following table will help you determine which Crown Mineral Activity application you need to submit through our Electronic Transfer System based on the well status.
Applicant must have all surface approvals (Mineral Surface Lease, Emergency Response Plans etc.) before applying for re-entry approval
Any well status with the exception of “Abandoned”
Applicant must be the well licensee. The department will not link the well to another active agreement, until the Alberta Energy Regulator (AER) has transferred the well licence.
If you can't meet the conditions set out in your approval letter you need to advise us prior to expiry, indicating the circumstances. As there is no extension section in the Mines and Minerals Act
for these type of approvals, you will need to re-apply through our Electronic Transfer System and subsequent approval will be granted.
If two applications are received, both companies would be contacted to determine who holds the surface lease. The approval would then be issued to the holder of the surface lease, for without that lease, the well can't be accessed. If neither holds the surface lease, authorization will be granted to the applicant who submitted their application first.
When Tenure cancels an agreement or deletes a portion of land from an agreement that contains a well, the lessee is advised that the well can no longer be used. Since you no longer hold an active agreement, the well vests to the Crown. The Alberta Energy Regulator will then advise you (well licensee) of your options. One of them is to abandon the well, the process to abandon a well
is found on the AER site.
One option listed in the abandonment notification letter, issued by the Alberta Energy Regulator, is to allow you to link the well to another active agreement located on the same land on which it was drilled on. You must submit a Well Linking application listed under Crown Mineral Activity on our Electronic Transfer System. Once the application is received and reviewed, the department will ensure the well is linked to the agreement listed in the application.
If the well has not vested to the Crown you would need to contact the well licensee. In the absence of a well licensee or if well has been recertified, then you must contact the Alberta Energy Regulator at Directive56.firstname.lastname@example.org. If the agreement has been cancelled or expired, or the portion of land that the well was drilled on has been deleted from the agreement, then the well has vested in the Crown. Information Letter 1997-26 outlines the process and to assist you in making this application through our Electronic Transfer System (ETS). You must tell us what you wish to use the well for and you must indemnify the Crown. There is no cost to acquire the use of a well that has vested.