42 chapters · 1,687 sections in this title.
Ark. Code Ann. § 15-76-201 Improper disposal of salt water
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(a) It shall be unlawful for any firm, person, corporation, or individual to dispose of salt water produced in conjunction with the production of oil or gas into any of the streams, lakes, ponds, and other surface waters of the state from any oil or gas pools or fields. It is the…
Ark. Code Ann. § 15-76-202 Corporations for disposal of salt water
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(a) Corporations may be created in this state for the purpose of gathering, storing, impounding, or otherwise disposing of salt water produced in the drilling and operation of oil wells in this state and to prevent the flow of such water into the streams of this state. Such corpo…
Ark. Code Ann. § 15-76-301 Declaration of policy
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(1) It is declared to be in the public interest to:(1) Foster, encourage, and promote the development and production in the state of the natural resource of brine;(2) Authorize and provide for the operation and development of brine properties in such a manner that the greatest ul…
Ark. Code Ann. § 15-76-302 Definitions
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(1) As used in this subchapter:(1) “Aquifer” means any subsurface geological interval in which brine may lie or from which brine is being produced and saved or sold for the primary purpose of extracting chemical substances contained in the subsurface geological interval;(2) (A) “…
Ark. Code Ann. § 15-76-303 Penalties
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(a) Any person shall be deemed guilty of a misdemeanor and shall be subject, upon conviction in any court of competent jurisdiction, to a fine of not more than five hundred dollars ($500) or imprisonment for a term of not more than six (6) months, or to both fine and imprisonment…
Ark. Code Ann. § 15-76-304 Injunctions by the commission
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(a) Whenever it shall appear that any person is violating, or threatening to violate, any provision of this subchapter or any rule or order made thereunder by any act done in the operation of any well for the production of brine or the injection of effluent into an aquifer for di…
Ark. Code Ann. § 15-76-305 Injunctions against the commission
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(a) No temporary restraining order or injunction of any kind shall be granted against the Oil and Gas Commission or members thereof or against the Attorney General or against any agent, employee, or representative of the commission restraining the commission or any of its members…
Ark. Code Ann. § 15-76-306 Authority of the commission
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(a) The Oil and Gas Commission shall have jurisdiction of and authority over all persons and property necessary to administer and enforce effectively the provisions of this subchapter. (b) The commission shall have the authority and it shall be its duty to make inquiries it deems…
Ark. Code Ann. § 15-76-307 Procedure and rules of the commission
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(a) The Oil and Gas Commission shall prescribe its rules of order and procedure with respect to all hearings or proceedings hereunder in accordance with and as limited by the laws of this state applicable to hearings and proceedings before the commission under other acts of this …
Ark. Code Ann. § 15-76-308 Formation of brine production units
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(a) (1) All producers, as defined in § 15-76-302, may make application to the Oil and Gas Commission for the establishment of brine production units and brine expansion units.(2) Each application shall be scheduled for public hearing by the commission to be held no later than the…
Ark. Code Ann. § 15-76-309 Petition for formation of a brine production unit or a brine expansion unit
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(1) A petition for formation of a brine production unit or a brine expansion unit may be filed by a producer and shall contain the following:(1) A description of the proposed brine production unit or brine expansion unit;(2) A statement of the plan of development and operation of…
Ark. Code Ann. § 15-76-310 Order requiring unit operation — In general
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(a) The Oil and Gas Commission, upon the application of any producer and upon the circumstances set forth in this section and §§ 15-76-311 and 15-76-313 — 15-76-315 shall enter its order integrating all tracts and interests in the unit, and all lands therein shall be developed an…
Ark. Code Ann. § 15-76-311 Contents of order
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(1) The order requiring the operation of an area as a brine production unit or a brine expansion unit shall include:(1) A description of the area included within such a brine production unit or a brine expansion unit;(2) The surface area of each tract in the proposed unit;(3) A p…
Ark. Code Ann. § 15-76-312 Unlawful drainage — Unit inclusion or accounting, — Definition
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(a) Any owner of an interest in a tract which is adjacent to a brine production unit formed by the Oil and Gas Commission and which is not included in that unit may petition the commission to have the tract included in the unit, and the commission shall issue its order after reas…
Ark. Code Ann. § 15-76-313 Operator
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(a) The producer who either has incurred or shall incur the greater share or portion of the capital investment required under the plan of development and operation of the unit shall be designated by the Oil and Gas Commission as operator unless the producer refuses to serve as op…
Ark. Code Ann. § 15-76-314 Participation by owners and royalties
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(a) (1) Upon the establishment of a unit, each owner of an unleased interest in the unit shall elect within sixty (60) days from the effective date of the order establishing the unit either to participate affirmatively in the operation of the unit and the production of brine or t…
Ark. Code Ann. § 15-76-315 Valuation of brine
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(a) (1) (A) The value of brine during any given year with respect to any unit established hereunder and for all purposes hereof shall be deemed to be the average price at which the operator of the unit has purchased or sold brine in Arkansas adjusted to reflect concentrations of …
Ark. Code Ann. § 15-76-316 Production from tracts within unit
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The portion of brine produced from a unit created under this subchapter and allocated to any particular tract shall be deemed, for all purposes, to have been actually produced from that tract, and operations for the production of brine from any part of the unit conducted pursuant…
Ark. Code Ann. § 15-76-317 Liability for unit expenses
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(a) The liability of each owner in a unit for the payment of unit expenses shall at all times be several and not joint or collective. (b) In no event shall an owner in a unit be chargeable with, directly or indirectly, more than the amount charged to his or her interests in such …
Ark. Code Ann. § 15-76-318 Drilling permits — Fees
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(a) Before any well shall be drilled either in search of brine or for the injection of effluent, the person desiring to drill the well shall notify the Oil and Gas Commission upon the form the commission may prescribe and shall pay a fee of one hundred fifty dollars ($150) or the…
Ark. Code Ann. § 15-76-319 Abandoned wells
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(a) Each abandoned well shall be plugged in the manner and within the time required by rules prescribed by the Oil and Gas Commission, and the owner of the well shall give notice, upon the form the commission may prescribe, of the owner's intention to abandon any well. (b) No wel…
Ark. Code Ann. § 15-76-320 Antitrust
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The formation of a brine production unit or brine expansion unit as provided in this subchapter and the operation of the 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. § 15-76-321 Judicial review
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(a) Any interested person adversely affected by any provisions of this subchapter or by any rule or order made by the Oil and Gas Commission hereunder, or by any act done or threatened hereunder, and who has exhausted his or her administrative remedy, may obtain court review and …
Ark. Code Ann. § 15-76-322 Appellate procedure
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In all proceedings brought under authority of this subchapter or of any rule or order issued hereunder, and in all proceedings instituted for the purpose of contesting the validity of any provisions of this subchapter or of any rule or order issued hereunder, appeals may be taken…
Ark. Code Ann. § 15-76-323 Subpoena power of the commission
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(a) The Oil and Gas Commission is empowered to issue subpoenas for witnesses, to require their attendance in the giving of testimony before it, and to require the production of books, papers, and records in any proceeding before the commission as may be material upon questions la…
Ark. Code Ann. § 15-76-324 Division of Environmental Quality
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(a) Nothing contained in this subchapter shall affect the jurisdiction of the Division of Environmental Quality over owners or producers of brine or the processing and disposal of brine with respect to water or air pollution control or other matters within its jurisdiction or the…