43 CFR § 3162.2-5 - Must I take protective action when a protective well would be uneconomic?

---
identifier: "/us/cfr/t43/s3162.2-5"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "43 CFR § 3162.2-5 - Must I take protective action when a protective well would be uneconomic?"
title_number: 43
title_name: "Public Lands: Interior"
section_number: "3162.2-5"
section_name: "Must I take protective action when a protective well would be uneconomic?"
chapter_name: "BUREAU OF LAND MANAGEMENT, DEPARTMENT OF THE INTERIOR"
subchapter_number: "C"
subchapter_name: "MINERALS MANAGEMENT (3000)"
part_number: "3160"
part_name: "ONSHORE OIL AND GAS OPERATIONS"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "25 U.S.C. 396d and 2107; 30 U.S.C. 189, 306, 359, and 1751; 43 U.S.C. 1732(b), 1733, 1740; and Sec. 107, Pub. L. 114-74, 129 Stat. 599, unless otherwise noted."
regulatory_source: "47 FR 47765, Oct. 27, 1982, unless otherwise noted. Redesignated at 48 FR 36583, Aug. 12, 1983."
cfr_part: "3160"
---


# 3162.2-5 Must I take protective action when a protective well would be uneconomic?

You are not required to take any of the actions listed in § 3162.2-4 if you can prove to BLM that when you first knew or had constructive notice of drainage you could not produce a sufficient quantity of oil or gas from a protective well on your lease for a reasonable profit above the cost of drilling, completing, and operating the protective well.

[66 FR 1893, Jan. 10, 2001]