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. - South Dakota Statutes

45-9-35. Rights of one or more owners operating or paying costs of operating well for benefit of another under pooling order--Share of production--Costs of operation, determination by board. If one or more of the owners shall drill, equip, and operate, or pay the costs of drilling, equipping, and operating a well for the benefit of another person as provided for in an order of pooling, then such owner or owners shall be entitled to the share of production from the spacing unit accruing to the interest of such other person, exclusive of a royalty not to exceed one-eighth of the production, until the market value of such other person's share of the production exclusive of such royalty, equals the sums payable by or charged to the interest of such other person. If there is a dispute as to the costs of drilling, equipping, or operating a well, the Board of Minerals and Environment shall determine such costs.

Source: SL 1953, ch 220, § 1; SDC Supp 1960, § 42.0706 (3) (o) (5); SDC Supp 1960, § 42.0709 (3) as enacted by SL 1961, ch 211, § 1.