South Dakota Codified Laws
Chapter 09 - Oil And Gas Conservation
Section 45-9-19 - False representations as perjury--Drilling without permit as misdemeanor.

45-9-19. False representations as perjury--Drilling without permit as misdemeanor.
Any person:
(1)Who intentionally falsely swears or affirms to a matter when an oath or affirmation is required by this chapter or by a rule or order of the Department of Water and Natural Resources authorized by this chapter;
(2)Who, for the purpose of evading a rule or order authorized by this chapter, intentionally makes or causes to be made a false entry or statement of fact in a report required to be made by this chapter, or by a rule or order authorized by this chapter; or
(3)Who makes or causes to be made a false entry in an account, record, or memorandum required to be kept by this chapter or a rule or order authorized by this chapter;
is guilty of perjury.
Any person who commences an operation for the drilling of a well for oil or gas without filing with the Department of Agriculture and Natural Resources an application to drill, and without obtaining a permit from the department to drill, is guilty of a Class 1 misdemeanor.

Source: SL 1943, ch 153, §14; SDC Supp 1960, §42.9908; SL 1961, ch 211, §2; SL 1983, ch 15, §23; SL 2021, ch 1 (Ex. Ord. 21-3), § 53, eff. Apr. 19, 2021.

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Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 45 - Mining, Oil and Gas

Chapter 09 - Oil And Gas Conservation

Section 45-9-1 - Purpose of chapter--Development of oil and gas resources.

Section 45-9-2 - Definition of terms.

Section 45-9-3 - Waste of oil and gas prohibited--Production of gas in conjunction with water excluded 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.

Section 45-9-6 - Testing of oil and gas wells.

Section 45-9-7 - Separation of production from wells--Gaseous and liquid hydrocarbons--Measurement.

Section 45-9-8 - Classification of wells.

Section 45-9-9 - Metering or measuring of oil, gas, or product.

Section 45-9-10 - Operation of wells with inefficient gas-oil or water-oil ratios.

Section 45-9-11 - Operations for production of oil or gas, regulation by board.

Section 45-9-12 - Production of oil and gas from field, pool, or area where physical waste created.

Section 45-9-13 - Administration of chapter by board--Rules and orders to prevent waste, protect correlative rights and govern procedure before board.

Section 45-9-14 - Prevention of oil or gas escape, intrusion of water, pollution of fresh-water supplies, and blowouts, cavings, seepages, and fires.

Section 45-9-15 - Plugging and performance bond for wells--Amount--Conditions.

Section 45-9-15.2 - Application date of bond requirements.

Section 45-9-15.3 - Supplemental plugging and performance bond--Idle wells--Amount.

Section 45-9-16 - Recordkeeping by producers, handlers, and processors of the quantities of oil or gas--Examination.

Section 45-9-17 - Reports or plats--Filing with board.

Section 45-9-18 - Mechanical well logs, surveys and reports on well location, drilling, and production--Samples, core chips, and complete cores--Filing--Exploratory wells.

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 and exceptions.

Section 45-9-22 - Spacing units to be sized and shaped for efficient development of pool--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--Adjustment of allowable production.

Section 45-9-25 - Hearing to establish spacing units--Establishment of temporary spacing units by board pending determination of ultimate spacing period.

Section 45-9-26 - Order establishing spacing units for a pool--Size and shape of each unit--Location of permitted 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 secretary.

Section 45-9-28 - Scope of order establishing spacing units for a pool--Modification--Inclusion of additional area--Exclusion of land not underlaid by pool.

Section 45-9-29 - Order establishing spacing units--Modification to prevent waste, avoidance of unnecessary 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 pooling all interests in spacing unit--Application by interested person--Notice and hearing--Terms and conditions.

Section 45-9-32 - Operation of well--Rights of owners to participate--Payment of expenses.

Section 45-9-33 - 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 to the drilling of a well--Portion of production allocated to each tract.

Section 45-9-35 - Rights of owners operating well or paying costs for benefit of another under pooling order--Share of production--Determination of costs 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 unit of one or more pools--Consideration of need--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 plan of operation--Essential elements of plan.

Section 45-9-40 - Order of board for unit operation of a pool--Not effective until approved by persons responsible for operating costs.

Section 45-9-41 - Supplemental hearing on approval of plan for unit operation.

Section 45-9-42 - Order of board for unit operation of a pool--Revocation when not approved by persons owning required percentage of interest.

Section 45-9-43 - Amendment of order for unit operations--Conditions.

Section 45-9-44 - Order of board for unit operation of a pool embraced in unit area established by prior order--Allocation of production.

Section 45-9-45 - Order of Board of Minerals and Environment for unit operation on less than whole of a pool--Size and shape of unit area.

Section 45-9-46 - Operation of well upon unit area--Unit of production allocated to separately owned tract.

Section 45-9-47 - Order of board for unit operation--Express or implied obligations of contract covering 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 of portion of production allocated and proceeds of sale.

Section 45-9-49 - Order for unit operations does not transfer title.

Section 45-9-50 - Contract for sale or purchase 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 by board--Failure to submit for approval not evidence of antitrust law violation.

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 45-9-58 - Notice of hearing--Service by mail or publication--Proof of service.

Section 45-9-59 - Witnesses--Production of books and records.

Section 45-9-60 - Noncompliance with subpoena--Refusal of witness to testify--Court order--Contempt.

Section 45-9-64 - Emergency order of board--Issuance without notice or hearing--Promulgation--Termination.

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 to environment.

Section 45-9-69 - Action by attorney general to recover civil penalties--Venue.

Section 45-9-70 - Shutting down and sealing property or equipment by secretary for violation--Cancelation of lease or bond forfeiture.

Section 45-9-71 - Action for injunction--Service--Order.

Section 45-9-72 - Failure of board to enjoin violation on request of person adversely affected--Action for injunction by affected person.

Section 45-9-73 - Procedure for issuance, suspension, revocation, and renewal of permits--Hearing--Uncontested recommendation.

Section 45-9-74 - Hearing on application for order under chapter--Notice--Contested case hearing--Procedure.