BEFORE THE BOARD OF OIL, GAS AND MINING / DEPARTMENT OF NATURAL RESOURCES / STATE OF UTAH / THE STATE OF UTAH TO ALL PERSONS INTERESTED IN THE FOLLOWING MATTER. Docket No. 2024-022 Cause No. 139-174: In the Matter of: Request for Agency Action of DEAN CARLYLE SHIMMIN TRUST requiring an accounting and payment of royalties against WINDS EXPLORATION AND PRODUCTION, LLC. The investigation and negotiation currently underway by the Division of Oil, Gas and Mining (the “Division”) pursuant to Utah Code Ann. 40-6-9(5) is set to conclude on June 10, 2024. If the matter is not resolved upon conclusion of the Division’s investigation and negotiation, notice is hereby given that the Board of Oil, Gas and Mining (the “Board”), State of Utah, will conduct a hearing on Wednesday, June 26, 2024, at 9:00 a.m., or as soon thereafter as possible, in the auditorium of the Department of Natural Resources, 1594 West North Temple, Salt Lake City, Utah. The hearing will be streamed live on the Department of Natural Resources YouTube channel at https://youtube.com/live/qkCAFNNZ4Ss. The hearing will be conducted as a formal administrative adjudication in accordance with the rules of the Board as set forth in Utah Administrative Code R641 et seq. and as provided for in Utah Code Ann. § 40-6-1 et seq. and Utah Code Ann. § 63G-4-101 through -601. The purpose of the hearing will be for the Board to receive testimony and evidence regarding a Request for Agency Action (“RAA”) filed by The Dean Carlyle Shimmin Trust (“Petitioner”), that the Board enter an order: 1. Determining why Winds Exploration and Production, LLC (“Winds”) will not pay proceeds due to Petitioner attributable to the assignments of record attached to the RAA on file in this matter; 2. Ordering an accounting of all payments made to, or otherwise owed to, the Petitioner, and that Winds be ordered to remit payment to the Petitioner pursuant to Utah Code §§40-6-9 (7)(a)(i) and (7)(c)(i); 3. Imposing interest on the unpaid proceeds pursuant to Utah Code §40-6-9 (7)(a)(ii); 4. Imposing the maximum penalty of twenty-five percent (25%) on the total proceeds and interest from the Assignment due to Petitioners pursuant to Utah Code § 40-6-9 (7) (b) (ii).; and 5. Providing for such other and further relief as may be just and equitable under the circumstances. Objections to the RAA must be filed with the Secretary of the Board at the address listed below no later than the 10th day of June, 2024. A party must file a timely written objection or other response in order to participate as a party at the Board hearing. Failure to participate can result in a default judgment. Natural persons may appear and represent themselves before the Board. All other representation of parties before the Board will be by attorneys licensed to practice law in the State of Utah, or attorneys licensed to practice law in another jurisdiction which meet the rules of the Utah State Bar for practicing law before the Utah Courts. Persons interested in this matter may participate pursuant to the procedural rules of the Board. The RAA, and any subsequent pleadings, may be inspected at the office of the undersigned, and inspected online at the Board’s website at https://ogm.utah.gov/board-meetings/. Pursuant to the Americans with Disabilities Act, persons requiring auxiliary communicative aids and services to enable them to participate in this hearing should call Patty Rowe at (801) 538-5336, at least three working days prior to the hearing date.
DATED this 24th day of May, 2024
STATE OF UTAH / BOARD OF OIL, GAS AND MINING
LaVonne J. Garrison, Madam Chair
/s/ Patty Rowe, Board Secretary
1594 West North Temple, Suite 1210
Salt Lake City, Utah 84116
801) 538-5336
Published in the ETV Newspaper June 5, 2024.