Ohio Code § 1509.29

§ 1509.29.

Upon application by an owner of a tract for which a drilling permit may not be issued,

and a showing by the owner that the owner is unable to enter a voluntary pooling agreement

and that the owner would be unable to participate under a mandatory pooling order,

the chief of the division of oil and gas resources management shall issue a permit

and order establishing the tract as an exception tract if the chief finds that the

owner would otherwise be precluded from producing oil or gas from the owner's tract

because of minimum acreage or distance requirements.  The order shall set a percentage of the maximum daily potential production at which

the well may be produced.  The percentage shall be the same as the percentage that the number of acres in the

tract bears to the number of acres in the minimum acreage requirement that has been

established under section 1509.24 or 1509.25 of the Revised Code , whichever is applicable, but if the well drilled on the tract is located nearer

to the boundary of the tract than the required minimum distance, the percentage may

not exceed the percentage determined by dividing the distance from the well to the

boundary by the minimum distance requirement.  Within ten days after completion of the well, the maximum daily potential production

of the well shall be determined by such drill stem, open flow, or other tests as may

be required by the chief.  The chief shall require such tests, at least once every three months, as are necessary

to determine the maximum daily potential production at that time.