Title 27 — Minerals, Oil and Gas

When ordered by the inspector, the operator of every underground mine shall make and maintain a reasonably accurate map of the workings of the mine. At least once every six months or oftener if necessary, the operator shall make alterations or additions to the map showing excavat…

Mucking machines, sorters and other loading devices shall be maintained and operated in a safe manner.

A. Every underground working place shall have a sufficient amount of ventilation for employees working in such place. B. In any underground working place where there is danger of a serious fire, ventilation shall be controlled by mechanical means. C. The air currents going into u…

Every operator shall have a plan for orderly evacuation in the event of an emergency. Every evacuation route shall be designated by signs and kept open at all times.

A. The operator shall maintain a suitable and sufficient stench warning that can be introduced into the compressed airlines in case of an emergency and reach all employees who might be working underground. B. When the odor from a stench warning is detected by employees or other p…

Concentrations of radon gas shall not exceed such amounts as may be set by the inspector.

In all uranium operations the operator shall test regularly for radon daughter concentration and submit such records of testing as may be required to the inspector.

Permissible cap lamps shall be required in all underground mines where there is a potential hazard from gas.

In this article, unless the context otherwise requires: 1. "Dust prevention practices" includes ventilation, suction or exhaust methods of removing dust, wet methods for settling dust, and the use of respirators when the condition or exposure is temporary or intermittent, and oth…

A. Every operator shall do everything reasonably within his power to encourage good practices in the use of any appliances for allaying dust. Each employee shall use such devices as are furnished by the operator. Employees shall not be allowed to work in hazardous dust or gas con…

The operator shall provide a safe means of ingress and egress at every open pit or any working place.

A. Banks and benches shall be suitably trimmed in a manner consistent with the kind of rock or material, height of banks, and type of equipment being used. B. The operator or a supervisor designated by him shall make a daily inspection of the faces and banks in the working area o…

A. Tracks, roadbeds, rails, joints, switches and frogs on all haulageways shall be constructed, installed and maintained in a manner consistent with the speed and type of haulage operations being conducted. B. Truck haulage roadways, including berms where necessary, shall be cons…

A. The operator shall insure that employees operating any heavy duty equipment such as a locomotive, crane, power shovel, truck, bulldozer, front end loader or scraper are qualified to operate such equipment. B. Mobile heavy duty equipment shall be inspected regularly and maintai…

Those portions or places of open pits which border on inhabited places frequented by the public shall be fenced or otherwise blocked off.

In this article, unless the context otherwise requires: 1. "Aggregate" means cinders, crushed rock or stone, decomposed granite, gravel, pumice, pumicite and sand. 2. "Aggregate mining" means clearing, covering or moving land using mechanized earth-moving equipment on privately o…

A. An owner or operator of an aggregate mining operation shall not conduct any aggregate mining until it has an approved community notice pursuant to section 27-445, except that an owner or operator of an existing aggregate mining operation may continue the operation if a communi…

A. The inspector shall adopt by rule an application fee for a community notice for a new aggregate mining operation and for a major modification of an approved community notice. The state mine inspector shall collect an application fee established by rule from each owner or opera…

A. Within twenty-one days after the state mine inspector notifies an owner or operator of an aggregate mining operation that the application for a community notice for a new aggregate mining operation or a major modification for an approved community notice is complete, or within…

A. The state mine inspector shall approve or disapprove a community notice for a new aggregate mining operation or major modification within sixty days after the notice is filed by the owner or operator of the aggregate mining operation. B. The inspector shall approve the communi…

A. After a community notice is approved by the state mine inspector, a residential property owner who resides within one-half mile of the boundaries of the aggregate mining operation may submit a written complaint to the designated community representative that the operation has …

A. The state mine inspector may enter and inspect any aggregate mining operation to determine compliance with an approved community notice. B. If the inspector determines that a person is violating this article, an approved community notice or aggregate mining operations zoning d…

A. All sand and gravel operations shall be conducted with due regard to safety. The inspector shall adopt rules to carry out the provisions of this section. B. Article 5 of this chapter applies to sand and gravel operations.

In this article, unless the context otherwise requires: 1. "Inspector" means the state mine inspector. 2. "Interested parties" means all persons who have filed written notice with the inspector of their desire to receive the notices provided for in this article.

The inspector shall administer this chapter and may adopt rules reasonably necessary to effectuate the provisions of this chapter.

Except as provided in this article, in adopting rules, the inspector shall comply with the procedures set forth in title 41, chapter 6.

At least twenty days prior to the adoption of any rule, copies of the notice filed with the secretary of state pursuant to section 41-1022 shall be mailed to all interested parties.

In cases where, in the opinion of the inspector, the enforcement of any order or rule would not materially increase the safety of employees and would cause undue hardship on an operator, exceptions may be made at the discretion of the inspector. To be effective such exceptions sh…

In this article, unless the context otherwise requires: 1. "Certificate of clearance" means a permit approved and issued or registered by the commission for transportation or delivery of oil, gas or oil and gas products. 2. "Certificate of compliance" means a certificate issued b…

A. It is the public policy of the state to: 1. Conserve the natural resources of oil and gas and products thereof. 2. Prevent waste of oil and gas resources. 3. Provide for protection and adjustment of correlative rights of owners of land wherein the natural resources lie and of …

A. Waste of oil or gas is unlawful and is prohibited. B. The commissioner shall make inquiries he deems proper to determine whether waste exists or is imminent. In the exercise of such power the commissioner may: 1. Collect data. 2. Make investigations and inspections. 3. Examine…

A. For the prevention of waste, to protect and enforce the correlative rights of owners in a pool, and to avoid augmentation and accumulation of risks arising from drilling an excessive number of wells, or reduced recovery which might result from too small a number of wells, the …

A. When two or more separately owned tracts of land are embraced within an established drilling unit, persons owning the drilling rights therein and the right to share in the production therefrom may agree to pool their interests and develop their lands as a drilling unit. If the…

A. The commissioner shall, upon notice and hearing, regulate drilling and location of wells in any pool and the production therefrom to prevent reasonably avoidable net drainage from each developed unit so that each owner in a pool shall have the right and opportunity to recover …

A. Every person as defined in this article which may now, or hereafter, purchase crude oil or petroleum in this state, whether they be common carriers or affiliated with common carriers or not, shall be a common purchaser of such crude oil or petroleum, and shall purchase crude o…

A. Every person as defined in this article now or hereafter engaged in purchasing from one or more producers, gas produced from gas wells shall be a common purchaser thereof within each pool from which it purchases, and as such it shall purchase gas lawfully produced from gas wel…

A. An owner or operator of an oil or gas well shall, before connecting with an oil or gas pipe line, secure from the commissioner a certificate showing compliance with the conservation laws of the state and the conservation rules, regulations and orders of the commissioner. No op…

A. The sale, purchase or acquisition, or the transportation, refining, processing or handling of illegal oil or gas or illegal product is unlawful, but until the commissioner provides for certificates of clearance or some other method affording an opportunity to determine whether…

A. Illegal oil and gas and illegal products shall be seized and sold as contraband. The sale shall not take place unless the court finds in a proceeding held as provided by this section, that the commodity involved is contraband. B. If the commissioner believes that illegal oil o…

A. Sale and notice of sale of illegal oil or gas or illegal product seized under the authority of this article shall be in accordance with the laws of the state relating to the sale of personal property under execution. For his services at the sale the sheriff shall receive a fee…

A person desiring to drill a well in search of oil or gas shall notify the commissioner on a form prescribed by the commissioner, and shall pay a fee of twenty-five dollars for each well. Upon receipt of notification and the fee, the commissioner shall promptly issue the person a…

A. The acceptance of a permit to drill under section 27-513 shall be deemed to constitute and be the appointment of the commission by the permittee as his true and lawful attorney upon whom may be served all legal process in an action against such permittee growing out of or in a…

A. The oil and gas conservation commission is established in the department of environmental quality. The department of environmental quality shall provide staff support to the commission to administer this chapter. B. The commission shall consist of the state land commissioner e…

A. The commission shall administer and enforce this article and other laws relating to conservation of oil and gas. The commission and administrative staff, at any time, may enter property and inspect wells drilled for oil or gas and well records, and shall control property, mach…

A. The commission shall make rules and amend them as deemed necessary for the proper administration and enforcement of this article, including the following rules and orders: 1. Requiring the drilling, casing and plugging of wells in a manner to prevent: (a) Escape of oil and gas…

A. Any interested person shall, by written request, have the right to have the commissioner call a hearing for the purpose of taking action in respect to any matter within the jurisdiction of the commissioner. Hearings shall be held at the time and place the commissioner directs,…

A. If a person fails or refuses to comply with a subpoena issued by the commissioner, or if a witness refuses to testify or answer to a matter regarding which he may be lawfully interrogated, the judge of the superior court of the county where such person resides, if a resident o…

A. Except as provided in subsection B of this section and section 41-1092.08, subsection H, any party aggrieved by any final action of the commission is entitled to judicial review pursuant to title 12, chapter 7, article 6. B. An action involving a test of the validity of this a…

The attorney general shall be attorney for the commissioner. The commissioner may in cases of emergency or in special cases, upon request of the attorney general, retain additional counsel to assist the attorney general, and for such purpose may expend funds available under this …

A. All rules and orders made by the commission shall be in writing and entered in full in a book kept by the commission. The book shall be a public record open to inspection at all reasonable times during office hours. A copy of any rule, order or other document on file in the of…