45-9-72. Failure of board to enjoin violation on request of person adversely affected--Action for injunction by affected person.
If the Board of Minerals and Environment fails to bring suit to enjoin a violation or threatened violation of any provision of this chapter, or any rule or order of the board within ten days after receipt of written request to do so by any person who is or will be adversely affected by the violation, the person making the request may bring suit in the person's own behalf to restrain the violation or threatened violation in any court in which the board might have brought suit. The board shall be made a party defendant in the suit in addition to the person violating or threatening to violate a provision of this chapter, or rule or order of the board, and the action shall proceed and injunctive relief may be granted to the board without bond in the same manner as if suit had been brought by the board.
Source: SDC Supp 1960, §42.0715 (2) as enacted by SL 1961, ch 211, §1; SL 2011, ch 165, §253.
Structure 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 45-9-5 - 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 45-9-15 - 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 45-9-17 - Reports or plats--Filing with board.
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 45-9-24 - Spacing units of different sizes or shapes--Adjustment of allowable production.
Section 45-9-27 - Drilling of well at other than prescribed location when authorized by secretary.
Section 45-9-32 - Operation of well--Rights of owners to participate--Payment of expenses.
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 45-9-41 - Supplemental hearing on approval of plan for unit operation.
Section 45-9-43 - Amendment of order for unit operations--Conditions.
Section 45-9-49 - Order for unit operations does not transfer title.
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 45-9-69 - Action by attorney general to recover civil penalties--Venue.