South Dakota Codified Laws
Chapter 09 - Oil And Gas Conservation
Section 45-9-31 - Order pooling all interests in spacing unit--Application by interested person--Notice and hearing--Terms and conditions.

45-9-31. Order pooling all interests in spacing unit--Application by interested person--Notice and hearing--Terms and conditions.
In the absence of voluntary pooling, the Board of Minerals and Environment or the secretary, as applicable, upon the application of any interested person, shall enter an order pooling all interests in the spacing unit for the development and operation of the spacing unit, and for the sharing of production from the spacing unit. Each such pooling order shall be made after notice and opportunity for hearing, and shall be upon terms and conditions that are just and reasonable, and that afford to the owner of each tract or interest in the spacing unit the opportunity to recover or receive without unnecessary expense, his or her just and equitable share.

Source: SL 1953, ch 220, §1; SDC Supp 1960, §42.0706 (3) (o) (5); SDC Supp 1960, §42.0709 (1) as enacted by SL 1961, ch 211, §1; SL 2011, ch 165, §239; SL 2012, ch 212, §1.

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.