STATE STATUTES & CODES

SOUTH DAKOTA STATUTES AND CODES

Chapter 09 - Oil And Gas Conservation

• Section 45-9-1 - Purpose of chapter--Development of oil and gas resources.
• Section 45-9-1.1 - Functions of environment and natural resources board transferred to Board ofMinerals and Environment.
• Section 45-9-2 - Definition of terms.
• Section 45-9-3 - Waste of oil and gas prohibited--Production of gas in conjunction with waterexcluded from coverage of chapter.
• Section 45-9-4 - Application to drill oil or gas well--Permit--Rules and regulations of board--Fee,disposition--Agreement with surface owner.
• Section 45-9-5 - Identification of ownership of facilities for producing oil or gas by board.
• Section 45-9-6 - Taking of tests of oil or gas wells by board.
• Section 45-9-7 - Separation of production from wells--Gaseous and liquid hydrocarbons--Measurement.
• Section 45-9-8 - Classification of wells by board--Purposes.
• Section 45-9-9 - Oil, gas, or product--Metering or measuring by board.
• Section 45-9-10 - Operation of wells with inefficient gas-oil or water-oil ratios--Limiting of productionby board.
• Section 45-9-11 - Operations for production of oil or gas, regulation by board.
• Section 45-9-12 - Oil and gas produced from area where waste created--Regulation of production byboard.
• Section 45-9-13 - Administration of chapter by board--Rules and orders to prevent waste, protectcorrelative rights and govern procedure before board.
• Section 45-9-14 - Escape of oil or gas from one pool to another--Intrusion of water into an oil or gaspool--Pollution of fresh-water supplies by oil, gas, or salt water--Blowouts, cavings,seepages, an
• Section 45-9-15 - Plugging and performance bond for wells drilled--Authority of board to require--Amount--Surety--Conditions.
• Section 45-9-15.1 - Surface restoration bond--Amount--Conditions.
• Section 45-9-16 - Producers, handlers, and processors of oil or gas--Complete and accurate recordsrequired, examination by board.
• Section 45-9-17 - Reports or plats--Filing with board.
• Section 45-9-18 - Mechanical well logs--Reports on well location, drilling, and production--Samples,core chips, and complete cores--Filing in office of state geologist--Exception as toexploratory well
• Section 45-9-19 - False representations as perjury--Drilling without permit as misdemeanor.
• Section 45-9-20 - Spacing units for a pool--Purposes--Establishment by board--Exception.
• Section 45-9-21 - Spacing units for a pool--Size and shape, establishment by board, modifications andexceptions.
• Section 45-9-22 - Spacing units for a pool--Order of board establishing, contents--Minimum size.
• Section 45-9-23 - Spacing units for a pool--Production limited by waste--Order of board establishing,contents.
• Section 45-9-24 - Spacing units of different sizes or shapes--Production limited by waste, adjustmentof allowable production by board.
• Section 45-9-25 - Hearing to establish spacing units--Establishment of temporary spacing units by boardpending determination of ultimate spacing period.
• Section 45-9-26 - Order establishing spacing units for a pool--Size and shape of each unit--Location ofpermitted well--Exception for wells drilled or drilling at time of application.
• Section 45-9-27 - Drilling of well at other than prescribed location when authorized by state geologist.
• Section 45-9-28 - Scope of order establishing spacing units for a pool--Modification--Inclusion ofadditional area--Exclusion of land not underlaid by pool.
• Section 45-9-29 - Order establishing spacing units--Modification to prevent waste, avoidance ofunnecessary wells, or to protect correlative rights.
• Section 45-9-30 - Two or more separately owned tracts or interests embraced within spacing unit--Pooling of interests.
• Section 45-9-31 - Order of board pooling all interests in spacing unit--Application by interested person--Notice and hearing--Terms and conditions.
• Section 45-9-32 - Order of Board of Minerals and Environment pooling all interests in spacing unit--Operation of well--Rights of owners to participate--Payment of expenses.
• Section 45-9-33 - Order of board pooling all interests in spacing unit--Alternative rights of owners,surrender of leasehold interest to participating owners, participation on a limited basis.
• Section 45-9-34 - Spacing unit covered by pooling order--Definition of terms--Operations incident tothe drilling of a well--Portion of production allocated to each tract.
• Section 45-9-35 - Rights of one or more owners operating or paying costs of operating well for benefitof another under pooling order--Share of production--Costs of operation,determination by board.
• Section 45-9-36 - Well completed prior to pooling of interest in spacing unit--Sharing of production--Calculation of costs.
• Section 45-9-37 - Operation as a unit of one or more pools--Consideration of need by board, hearing.
• Section 45-9-38 - Findings of board requiring order for unit operation of a pool.
• Section 45-9-39 - Order of board for unit operation of a pool--Terms and conditions--Prescribing planof operation--Essential elements of plan.
• Section 45-9-40 - Order of board for unit operation of a pool--Not effective until approved by personsresponsible for operating costs.
• Section 45-9-41 - Supplemental hearing by board to determine approval of plan for unit operation.
• Section 45-9-42 - Order of board for unit operation of a pool--Revocation when not approved bypersons owning required percentage of interest.
• Section 45-9-43 - Amendment of order of board for unit operation of a pool--Manner--Conditions.
• Section 45-9-44 - Order of board for unit operation of a pool embraced in unit area established by priororder--Allocation of production.
• Section 45-9-45 - Order of Board of Minerals and Environment for unit operation on less than wholeof a pool--Size and shape of unit area.
• Section 45-9-46 - Definition of terms--Operation of a well upon unit area--Unit of production allocatedto a separately owned tract in a unit area.
• Section 45-9-47 - Order of board for unit operation--Express or implied obligations of contractcovering land in unit area, fulfillment by conducting operations under order.
• Section 45-9-48 - Order of Board of Minerals and Environment for unit operation--Ownership ofportion of production allocated and proceeds of sale.
• Section 45-9-49 - Order of Board of Minerals and Environment for unit operation--Title not transferred,exception.
• Section 45-9-50 - Order of Board of Minerals and Environment for unit operation--Contract for sale orpurchase of production from separately owned tract not terminated.
• Section 45-9-51 - Rights of owners within unit area to property acquired in conduct of unit operation.
• Section 45-9-52 - Agreement for cooperative development or operation of field or pool--Approval byboard, effect--Failure to submit for approval not evidence of violation of antitrustlaws.
• Section 45-9-53 - Lands to which chapter applies.
• Section 45-9-54 - Enforcement of chapter--Jurisdiction of board.
• Section 45-9-55 - Investigations by board.
• Section 45-9-56 - Authority of board to act--Upon its own motion--Petition of interested person.
• Section 45-9-57 - Hearing of petitions by board--Notice--Entry of order.
• Section 45-9-58 - Notice of hearings--Service by mail or publication--Contents.
• Section 45-9-59 - Witnesses--Power of board to summon--Oaths, administration--Production of booksand records.
• Section 45-9-60 - Noncompliance with subpoena issued by board--Refusal of witness to testify--Punishment for contempt.
• Section 45-9-61 - Prior rules, regulations, and orders continued in force--Accrued penalties andliabilities not repealed.
• Section 45-9-62 - Repealed.
• Section 45-9-63 - Public hearings on rules or orders--Unnecessary in an emergency--Time and placeprescribed by board--Right to be heard.
• Section 45-9-64 - Emergency order of board--Issuance without notice or hearing--Promulgation--Termination.
• Sections 45-9-65, 45-9-66 - Repealed
• Section 45-9-67 - Appeal from rule, regulation, or order of board--Persons adversely affected--Procedure.
• Section 45-9-68 - Violation of law, rule, regulation, or order--Civil penalty--Liability for damages toenvironment.
• Section 45-9-69 - Action by attorney general to recover civil penalties--Venue.
• Section 45-9-70 - Violation of law, rule, or regulation--Shutting down and sealing property or equipmentby state geologist.
• Section 45-9-71 - Violation of law, rule, regulation, or order--Action for injunction by board, venue,jurisdiction of circuit court, bond not required.
• Section 45-9-72 - Failure of board to enjoin violation of law, rule, regulation, or order on request ofperson adversely affected--Action for injunction by affected person, board a partydefendant, bond