Regular rulemaking procedures would place the agency in violation of federal or state law.

Justification:Regular rulemaking (which is presently being carried out) will not provide the detail concerning the manner and timeframe within which an owner must consent to a well required by the recently amended Subsections 40-6-2(4) and 40-6-2(11) by the 05/09/2017 effective date of that provision.Without this emergency rule, as of 05/09/2017, the operative provisions of the statute, which are critical to the functioning of the compulsory pooling procedures set forth in Section 40-6-6.5, and which depend upon these details concerning manner and timeframe of consent being spelled out in regulation, will become impossible to enforce and apply as of 05/09/2017.Reliance solely on the ongoing regular rulemaking process would therefore place the agency in violation of the requirements of state law.