Title 15 — Natural Resources and Economic Development
42 chapters · 1,687 sections in this title.
Ark. Code Ann. § 15-72-307 Formation of units not in restraint of trade
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The formation of any drilling unit or salt water disposal unit as provided in this subchapter and the operation of that unit under order of the Oil and Gas Commission shall not be a violation of any statute of this state relating to trusts, monopolies, contracts, or combinations …
Ark. Code Ann. § 15-72-308 Petition for unit operation — Hearing
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(a) Upon the filing of a petition as provided in this section, the Oil and Gas Commission after notice shall hold a public hearing to consider the need for the operation as a unit of an entire pool or any portion thereof to prevent waste, to increase ultimate recovery of oil and …
Ark. Code Ann. § 15-72-309 Findings to support order requiring unit operation — Issuance
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(a) If after hearing and considering the petition and evidence offered in support thereof the Oil and Gas Commission makes the following findings, it shall issue an order requiring unit operation in accordance with the terms of the proposed unit operating agreement:(1) The propos…
Ark. Code Ann. § 15-72-310 Order requiring unit operation — Contents
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(1) The order requiring unit operation shall be fair and reasonable under all circumstances and shall include:(1) A description of the unit area;(2) An allocation upon the basis agreed upon by the provisions of the unit operating agreement to each separately owned tract that for …
Ark. Code Ann. § 15-72-311 Obligation or liability of owners for expenses
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The obligation or liability of each owner in the several separately owned tracts for the payment of unit expenses shall at all times be several and not joint or collective. In no event shall an owner of the oil or gas rights in the separately owned tract be chargeable with, oblig…
Ark. Code Ann. § 15-72-312 Operator's lien
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(a) The operator may have a lien on all of the property owned by each owner within the unit area to secure the payment of his or her proportionate part of the expenses of unit operation. (b) The lien may be established by filing an affidavit with the circuit clerk of the county i…
Ark. Code Ann. § 15-72-313 New unit operation order in pool established by previous order
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(a) The Oil and Gas Commission, upon the filing of a petition in a form complying with the requirements of § 15-72-308, may after notice and hearing require unit operation of a pool or portion thereof when the unit area newly established embraces a unit area within the same pool …
Ark. Code Ann. § 15-72-314 Unit area oil and gas — Product of tract
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The portion of oil or gas produced from the unit area and allocated to a separately owned tract shall be deemed, for all purposes, to have been actually produced from the tract. Operations for the production of oil or gas from any part of the unit area, conducted pursuant to the …
Ark. Code Ann. § 15-72-315 Unitization of entire pool as one operating unit
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(a) Where the Oil and Gas Commission has received a proper petition praying an order for the operation of an entire pool as a unit and after proper hearing and evidence has issued its order unitizing the pool, then the following procedure may be instituted by one (1) or more pers…
Ark. Code Ann. § 15-72-316 Salt water disposal unit operation of a pool — Petition
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(a) Upon the filing of a petition as hereinafter provided, the Oil and Gas Commission after notice shall hold a public hearing to consider the need to establish a salt water disposal unit for an entire pool. (b) The petition shall contain the following:(1) A description of the pr…
Ark. Code Ann. § 15-72-317 Findings to support order requiring salt water disposal unit operation
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(a) If, after hearing and considering the petition and evidence offered in support thereof, the Oil and Gas Commission makes the following findings, it shall issue an order requiring salt water disposal unit operation in accordance with the terms of the proposed unit operating ag…
Ark. Code Ann. § 15-72-318 Order requiring salt water disposal unit operation — Contents
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(1) The order requiring salt water disposal unit operation shall be fair and reasonable under all circumstances and shall include:(1) A description of the salt water disposal unit area;(2) An allocation, whereby the portion of production allocated to the owner of each tract inclu…
Ark. Code Ann. § 15-72-319 Salt water disposal unit operation — Expenses
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The obligation or liability of each owner in the several separately owned tracts for the payment of salt water disposal unit expense shall at all times be several and not joint or collective. In no event shall an owner of the oil and gas rights in the separately owned tract be ch…
Ark. Code Ann. § 15-72-320 Salt water disposal unit — Operator's lien
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(a) The operator may have a lien on all of the property owned by each owner within the salt water disposal unit area to secure the payment of his or her proportionate part of the expenses of salt water disposal unit operation. (b) The lien may be established by filing an affidavi…
Ark. Code Ann. § 15-72-321 Enlarged operation of salt water disposal unit established by previous order
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(a) The Oil and Gas Commission, upon the filing of a petition in a form complying with the requirements of § 15-72-316, may, after notice and hearing, require salt water disposal unit operation of a pool. (b) In each case, the petition shall be accompanied by a copy of the propos…
Ark. Code Ann. § 15-72-322 Oil and gas from salt water disposal unit — Product of tract
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The portion of oil and gas produced from the salt water disposal unit and allocated to a separately owned tract shall be deemed, for all purposes, to have been actually produced from the tract. Operations for the production of oil and gas from any part of the unit area, conducted…
Ark. Code Ann. § 15-72-323 Notice of public hearings
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(1) If public hearings are required, notice of public hearings before the Oil and Gas Commission as provided for in this subchapter shall be given as follows:(1) An applicant shall give notice of the public hearing to be held upon an application by one (1) publication at least te…
Ark. Code Ann. § 15-72-324 Limitation on production
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(a) Whenever the Oil and Gas Commission limits the total amount of oil or gas which may be produced in this state, the limit so fixed shall not be less than the aggregate of the allowables fixed for each separate pool in this state for the prevention of waste in accordance with t…
Ark. Code Ann. § 15-72-325 Obligation of operators and working interest owners to mineral owners — Definition
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(a) As used in this section, “net proceeds” means:(1) If a mineral interest within a drilling unit is an integrated interest not covered by an executed lease, the gross proceeds from the sale of gas, including royalty gas, minus applicable taxes, assessments, and true third-party…
Ark. Code Ann. § 15-72-401 Prohibition on dealing in illegal oil and gas
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(a) The sale, purchase, or acquisition or the transportation, refining, processing, or handling in any other way of illegal oil, illegal gas, or illegal product is prohibited. (b) (1) Unless and until the Oil and Gas Commission provides for certificates of clearance or tenders, o…
Ark. Code Ann. § 15-72-402 Finding oil and gas to be contraband — Bringing action for seizure and sale
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(a) (1) Apart from, and in addition to, any other remedy or procedure which may be available to the Oil and Gas Commission, or any penalty which may be sought against or imposed upon any person with respect to violations relating to illegal oil, illegal gas, or illegal product, a…
Ark. Code Ann. § 15-72-403 Summons
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(a) Upon the filing of the complaint, the clerk of the court shall issue a summons directed to the sheriff of the county, or to other officers or persons the court may authorize to serve process, requiring them to summon any and all persons, without undertaking to name them, who …
Ark. Code Ann. § 15-72-404 Order of seizure
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(a) Where it appears by a verified pleading on the part of the plaintiff, by affidavit, or by oral testimony that grounds for the seizure and sale exist, the clerk, in addition to the summons or warning order, shall issue an order of seizure. This order shall be signed by the cle…
Ark. Code Ann. § 15-72-405 Conservator
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In a proper case, the circuit court may direct the sheriff to deliver the custody of any illegal oil, illegal gas, or illegal product seized by him or her under an order of seizure, to a conservator to be appointed by the court, which conservator shall act as the agent of the cou…
Ark. Code Ann. § 15-72-406 Sale — Application of proceeds
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(a) (1) Sales of illegal oil, illegal gas, or illegal product seized under the authority of this act, and notices of those sales, shall be in accordance with the laws of this state relating to the sale and disposition of attached property.(2) However, where the property is in the…
Ark. Code Ann. § 15-72-407 Other causes of action
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Nothing in this subchapter shall deny or abridge any cause of action a royalty owner, a lien holder, or any other claimant may have because of the forfeiture of the illegal oil, illegal gas, or illegal product, against the person whose act resulted in the forfeiture.
Ark. Code Ann. § 15-72-501 Definitions
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(a) As used in this subchapter, unless the context otherwise requires:(1) “Cycling” means an operation in which condensate-bearing gas is displaced from a gas zone by injection of dry gas; (2) “Gas condensate” means the liquid produced by the condensation of a vapor or gas either…
Ark. Code Ann. § 15-72-502 Investigation and research — Personnel
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The Oil and Gas Commission is authorized and directed to make investigations and to research, as in the judgment of the commission is appropriate, to ascertain the advisability of the employment of a secondary recovery method or methods in any pool within the State of Arkansas co…
Ark. Code Ann. § 15-72-503 Submission of findings to landowners
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The findings of the Oil and Gas Commission are to be printed and submitted to the landowners, royalty owners, producers, and all parties in interest, in any oil or gas-condensate field or pool, or part thereof, where the employment of secondary recovery methods is found to be adv…
Ark. Code Ann. § 15-72-504 Agreements to use secondary recovery methods not in restraint of trade
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If the persons owning and operating any oil pool or portion thereof enter into an agreement among themselves for the employment of any secondary recovery method or methods for the production of oil from a pool or portion thereof, and the Oil and Gas Commission finds that operatin…
Ark. Code Ann. § 15-72-601 Title
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This subchapter shall be known and may be cited as the “Underground Storage of Gas Law”.
Ark. Code Ann. § 15-72-602 Definitions
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(1) As used in this subchapter, unless the context otherwise requires:(1) “Commission” means the Oil and Gas Commission;(2) “Gas” means natural gas either while in its original state or after the natural gas has been processed by removal from the natural gas of component parts no…
Ark. Code Ann. § 15-72-603 Public interest and welfare — Authority of commission
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(a) The underground storage of gas, which promotes conservation thereof, which permits the building of reserves for orderly withdrawal in periods of peak demand, which makes more readily available and economical our gas resources to the domestic, commercial, and industrial consum…
Ark. Code Ann. § 15-72-604 Condemnation of subsurface strata or formations — Limitations
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(a) Any natural gas public utility or gas storage facility may condemn for its use for the underground storage of gas any subsurface stratum or formation in any land which the Oil and Gas Commission finds to be suitable and in the public interest for the underground storage of ga…
Ark. Code Ann. § 15-72-605 Prerequisite to eminent domain — Certificate
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(1) Any natural gas public utility or gas storage facility desiring to exercise the right of eminent domain as to any property for use for underground storage of gas, as a condition precedent to the filing of its petition in the circuit court, shall obtain from the Oil and Gas Co…
Ark. Code Ann. § 15-72-606 Petition for eminent domain — Subsequent proceedings
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(a) Any natural gas public utility or gas storage facility having first obtained a certificate from the Oil and Gas Commission as provided in § 15-72-605 desiring to exercise the right of eminent domain for the purpose of acquiring property for the underground storage of gas shal…
Ark. Code Ann. § 15-72-607 Ownership of gas
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All gas which has been reduced to possession and which is subsequently injected into underground storage fields, sands, reservoirs, and facilities shall at all times be deemed the property of the injector, his or her heirs, successors, or assigns. In no event shall the gas be sub…
Ark. Code Ann. § 15-72-608 Rules
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(a) The Oil and Gas Commission shall have authority to make reasonable rules and exercise such powers as are granted to it by §§ 15-71-101 — 15-71-112, 15-72-101 — 15-72-110, 15-72-205, 15-72-212, 15-72-216, 15-72-301 — 15-72-324, and 15-72-401 — 15-72-407 as may be necessary in …
Ark. Code Ann. § 15-72-701 Definitions
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(1) As used in this subchapter, unless the context otherwise requires:(1) “Commercial oil pool” means a pool which appears to contain sufficient quantities of recoverable oil, in the opinion of the Oil and Gas Commission, to justify the economical development thereof;(2) “Commiss…
Ark. Code Ann. § 15-72-702 Bonus for discovery of oil pool
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Any person who discovers a commercial oil pool in this state not heretofore discovered shall be entitled to the bonus herein provided upon compliance with the provisions hereof.
Ark. Code Ann. § 15-72-703 Application for permit to drill discovery well
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(1) To become entitled to the benefits provided in this subchapter, a person shall make application therefor to the Oil and Gas Commission at or before the issuance of the permit to drill the discovery well in the pool upon a form approved by the commission in which the applicant…
Ark. Code Ann. § 15-72-704 Approval of application
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(1) The application shall be approved by the Oil and Gas Commission if it determines from the application and such investigation as it may deem proper:(1) That the location of the proposed discovery well is not within the geographical confines of a known producing oil field; and(…
Ark. Code Ann. § 15-72-705 Certificate of discovery of commercial pool
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Upon receipt by the Oil and Gas Commission, within one (1) year from the date of the approval of the application, of evidence from which the commission finds that a commercial oil pool has been discovered by that person in the drilling of the discovery well and that compliance ha…
Ark. Code Ann. § 15-72-706 Credit against severance tax
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(1) From and after the effective date of the certificate, the person shall be entitled to receive from the Revenue Division of the Department of Finance and Administration a credit against the taxes thereafter otherwise due by the person on account of oil produced from the pool f…
Ark. Code Ann. § 15-72-801 Policy and purpose
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(1) The General Assembly finds and declares that:(1) Adequate supplies of petroleum products are essential to the health, welfare, and safety of the people of the State of Arkansas;(2) Any severe disruption in the supply of petroleum products for use within the state would cause …
Ark. Code Ann. § 15-72-802 Definitions
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(1) As used in this subchapter, unless the context otherwise requires:(1) “Assignment” means an action taken by the Arkansas Energy Office of the Division of Environmental Quality, designating that a prime supplier of petroleum products supply them to an authorized consumer, whol…
Ark. Code Ann. § 15-72-803 Penalties
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(a) Any person who knowingly violates any provisions of this subchapter or any rules promulgated thereunder shall be guilty of a misdemeanor and upon conviction shall be subject to a fine of not more than one thousand dollars ($1,000) or imprisonment for not more than six (6) mon…
Ark. Code Ann. § 15-72-804 Establishment of state emergency petroleum set-aside — General provisions
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(a) (1) The Arkansas Pollution Control and Ecology Commission shall promulgate rules establishing a set-aside system for petroleum products and reporting requirements for prime suppliers and brokers.(2) The rules shall direct prime suppliers and brokers to set aside a percentage …
Ark. Code Ann. § 15-72-805 Confidential treatment
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(a) Information furnished pursuant to this subchapter and designated as confidential shall be maintained as confidential by the Director of the Arkansas Energy Office and any person who obtains information that he or she knows to be confidential under this subchapter. (b) Nothing…
Ark. Code Ann. § 15-72-901 Governor authorized to execute agreement — Two-year extension of compact
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The Governor is authorized and directed, for and in the name of the State of Arkansas, to join with other states in the Interstate Compact to Conserve Oil and Gas, which was heretofore executed in the City of Dallas, Texas, on February 16, 1935, and now deposited with the Departm…