(A) When two or more separately owned tracts are embraced within a spacing unit, or when there are separately owned interests in all or a part of a spacing unit, the interested persons may integrate their tracts or interests for the development and operation of the spacing unit. In the absence of voluntary integration, the department upon the application of any interested person, shall make an order integrating all tracts or interests in the spacing unit for the development and operation thereof and for the sharing of production therefrom. The department, as a part of the order establishing a spacing unit or units, may prescribe the terms and conditions upon which the interest of the royalty owners in the unit or units shall, in the absence of voluntary agreement, be deemed to be integrated without the necessity of a subsequent separate order integrating the interest of the royalty owners. Each such integration order shall be upon terms and conditions that are just and reasonable.
(B) All operations, including, but not limited to, the commencement, drilling, or operation of a well upon any portion of a spacing unit for which an integration order has been entered, shall be deemed for all purposes the conduct of such operations upon each separately owned tract or interest in the spacing unit by the several owners thereof. That portion of the production allocated to a separately owned tract or interest included in a spacing unit shall, when produced, be deemed, for all purposes, to have been actually produced from such tract or interest by a well drilled thereon.
(C) Each such integration order shall authorize the drilling, equipping, and operation, or operation, of a well on the spacing unit; shall provide who may drill and operate the well; shall prescribe the time and manner in which all the owners in the spacing unit may elect to participate therein; and shall make provision for the payment by all those who elect to participate therein of the reasonable actual cost thereof, plus a reasonable charge for supervision and interest. If requested, each such integration order shall provide for one or more just and equitable alternatives whereby an owner who does not elect to participate in the risk and cost of the drilling and operation, or operation, of a well may elect to surrender his leasehold interest to the participating owners on some reasonable basis and for a reasonable consideration which, if not agreed upon, shall be determined by the department, or may elect to participate in the drilling and operation, or operation, of the well, on a limited or carried basis upon terms and conditions determined by the department to be just and reasonable. If one or more of the owners shall drill, equip, and operate, or operate, or pay the costs of drilling, equipping, and operating, or operating, a well for the benefit of another person as provided for in an order of integration, 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 except in the event that the state is the royalty owner in which case the royalty shall not exceed one-sixth of 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 department shall determine such costs. In instances where a well is completed prior to the integration of interests in a spacing unit, the sharing of production shall be from the effective date of the integration, except that, in calculating costs, credit shall be given for the value of the owner's share of any prior production from the well.
HISTORY: 1977 Act No. 179, Part 1, Section 7; 1993 Act No. 181, Section 1236.
Structure South Carolina Code of Laws
Title 48 - Environmental Protection and Conservation
Chapter 43 - Oil And Gas Exploration, Drilling, Transportation, And Production
Section 48-43-10. Definitions.
Section 48-43-20. Waste and pollution prohibited.
Section 48-43-30. Application of chapter; authority of department.
Section 48-43-80. Chapter inapplicable if act is done pursuant to federal or state permit.
Section 48-43-90. Construction of chapter with Federal Water Pollution Control Act.
Section 48-43-100. Approval of rules and regulations by General Assembly.
Section 48-43-310. Exploration permit required; disposition of funds collected.
Section 48-43-315. Application of article to geothermal resources.
Section 48-43-320. Allocation of allowable production.
Section 48-43-330. Establishment of spacing units for pools.
Section 48-43-340. Integration of separately owned tracts or separately owned interests.
Section 48-43-370. Permit required for drilling oil or gas well.
Section 48-43-380. Lessee's duty to lessor as to termination of oil or gas lease.
Section 48-43-510. Definitions.
Section 48-43-520. Findings and declarations of General Assembly.
Section 48-43-530. General powers and duties of department.
Section 48-43-550. Regulations as to removal of discharges of pollutants.
Section 48-43-570. Cooperation and responsibilities of state agencies.
Section 48-43-580. Unlawful acts; exceptions; permit for discharge of oil.
Section 48-43-590. Financial responsibility of owners or operators of terminal facilities.
Section 48-43-600. Filing of claims for damages.
Section 48-43-610. Violations and penalties.
Section 48-43-810. Unlawful acts.
Section 48-43-830. Punishment and penalties for aiding or abetting violations.