43 CFR §3162.2-11

1. (a)You must take protective action within a reasonable time after the earlier of:
   1. (1)The date you knew or had constructive notice that the potentially draining well had begun to produce oil or gas; or
   2. (2)The date we issued a demand letter for protective action.
2. (b)Since the time required to drill and produce a protective well varies according to the location and conditions of the oil and gas reservoir, BLM will determine this on a case-by-case basis. When we determine whether you took protective action within a reasonable time, we will consider several factors including, but not limited to:
   1. (1)Time required to evaluate the characteristics and performance of the draining well;
   2. (2)Rig availability;
   3. (3)Well depth;
   4. (4)Required environmental analysis;
   5. (5)Special lease stipulations which provide limited time frames in which to drill; and
   6. (6)Weather conditions.
3. (c)If BLM determines that you did not take protection action timely, you will owe compensatory royalty for the period of the delay under § 3162.2-12.