Title 7 — Conservation

§ 5502. Management of Delaware Geological Survey. The University of Delaware shall have general charge of the Survey and shall direct its operations.48 Del. Laws, c. 173, § 2; 7 Del. C. 1953, § 5503; 55 Del. Laws, c. 442, § 6;

§ 5503. Superintendent; appointment; qualifications; compensation. The University shall appoint as superintendent of the Survey a State Geologist and shall determine his or her compensation. The State Geologist shall be a member of the technical or professional staff of the Unive…

§ 5504. Assistants and employees. The University of Delaware shall appoint such assistants and employees as are necessary to carry out the purposes of this chapter and shall determine the compensation of such persons.48 Del. Laws, c. 173, § 2; 7 Del. C. 1953, § 5505;

§ 5505. Responsibilities and duties of State Geologist. The State Geologist and the Acting State Geologist shall have the following responsibilities and duties: (1) The State Geologist or the Acting State Geologist shall hereby be required to evaluate all activities related to oi…

§ 5701. Declaration of policy and intent. (a) It is the policy and purpose of the State to obtain from the federal government all available relief and assistance to alleviate suffering and damage resulting from major disasters, such as flood, storm, hurricane, fire, drought or ot…

§ 5702. Authority of Governor or designated representative to act for State. (a) The Governor, or such officer, agency or department of the State as shall be designated in writing by the Governor to act as the State’s representative, may enter into such agreements with the federa…

§ 5703. Costs and expense; fund to be charged. Such sums as may be required, whether in payment of the costs of necessary legal proceedings, as compensation to property owners, or in furtherance of any agreement authorized by § 5702 of this title, shall be charged against any spe…

§ 5704. Powers of Governor and Secretary of State. (a) The Governor and the Secretary of State may do all things necessary and proper to provide for disaster recovery and rehabilitation. (b) The Governor may receive and disburse on vouchers signed by the Secretary of State, sums …

§ 5901. Purpose. The purpose of this chapter is to encourage owners of land to make land and water areas available to the public for recreational purposes by limiting their liability toward persons entering thereon for such purposes, whether such persons entered upon the land of …

§ 5902. Definitions. As used in this chapter: (1) “Charge” means the admission price or fee asked in return for invitation or permission to enter or go upon the land. (2) “Land” means land, roads, water, watercourses, private ways and buildings, structures, and machinery or equip…

§ 5903. Limitation on duty of owner. Except as specifically recognized by or provided in § 5906 of this title, an owner of land owes no duty of care to keep the premises safe for entry or use by others for recreational purposes, or to give any warning of a dangerous condition, us…

§ 5904. Use of land without charge; limits of liability. (a) Except as specifically recognized by or provided in § 5906 of this title, an owner of land who either directly or indirectly invites or permits without charge any person to use such property for recreational purposes do…

§ 5905. Written waivers. Unless otherwise agreed in writing, §§ 5903 and 5904 of this title shall be applicable to the duties and liability of an owner of land leased to the State, or any subdivision thereof, for recreational purposes.7 Del. C. 1953, § 5905; 55 Del. Laws, c. 449.…

§ 5906. Limitations on exemption from liability. Nothing in this chapter limits in any way any liability which otherwise exists: (1) For wilful or malicious failure to guard or warn against a dangerous condition, use, structure or activity; (2) For injury suffered in any case whe…

§ 5907. Exemptions. Nothing in this chapter shall be construed to: (1) Create a duty of care, or ground of liability, for injury to persons or property; (2) Relieve any person using the land of another for recreational purposes from any obligation which he or she may have in the …

§ 6101. Definitions. This chapter shall apply to all lands located within the boundaries of this State, except that sections relating to fees, royalties or rights to lease shall be applicable only to lands owned by this State. Unless the context requires otherwise: (1) “Filled la…

§ 6102. Jurisdiction to lease. (a) The Secretary and the Governor have exclusive jurisdiction to lease for mineral exploration and exploitation all ungranted submerged tidelands owned by this State, whether within or beyond the boundaries of this State, acquired by this State bef…

§ 6103. Surveys. (a) The Secretary, upon application by any person, may permit geological, geophysical and seismic surveys, including the taking of cores and other samples, or the tide and submerged lands of this State. Such permits shall be nonexclusive and shall not give any pr…

§ 6104. Permits for surveys. (a) Upon compliance of an applicant with § 6103 of this title, the Secretary may issue to the applicant a permit to conduct a geological, geophysical and seismic survey, including the taking of cores and other samples, in areas of the tide and submerg…

§ 6105. Filing of records of drilling; confidential nature of records. (a) Records of drilling conducted by a permittee under § 6104 of this title shall be retained by the permittee and be made available to the Secretary and the State Geologist upon their request. Any such record…

§ 6106. Unlawful disclosure of information; penalties; jurisdiction of offenses. (a) The Secretary, or any person performing any function or work assigned to him or her by the Secretary, shall not disclose to any person who is not an employee of the Secretary or to any person who…

§ 6107. Public hearings; notice. (a) Before offering tide and submerged lands for leasing under this chapter, or whenever any person files a written application with the Secretary requesting that lands be offered for leasing under this chapter, accompanying the same with the requ…

§ 6108. Determination of whether lease is in the public interest. After the public hearing the Secretary shall determine whether an invitation for bidding to lease the area under consideration would be in the public interest. In such determination the Secretary shall consider whe…

§ 6109. Maximum area. The maximum area which shall be included in any single lease to any person shall be 6 square miles or 3,840 acres.7 Del. C. 1953, § 6409; 55 Del. Laws, c. 442, § 1; 59 Del. Laws, c. 212, § 1;

§ 6110. Form of lease or permit. (a) The language of §§ 6111 and 6117 of this title shall be incorporated substantially into every lease. (b) The language of § 6113 of this title shall be incorporated substantially into every permit. (c) Every lease, and every permit, shall conta…

§ 6111. Exclusive right to drill and remove minerals. The lease shall grant the exclusive right to drill for and produce all oil, gas, sulphur and other mineral deposits in the leased land and be for a primary term of 10 years and for so long thereafter as oil, gas, sulphur or ot…

§ 6112. Royalty. The Secretary shall specify in the notice described by § 6107 of this title and in the lease the rate of royalty paid under such lease which royalty shall not be less than 121/2 percent of gross production, or the value thereof, produced and saved from the leased…

§ 6113. Lien on production. The State shall have alien upon all production for unpaid royalties.7 Del. C. 1953, § 6413; 55 Del. Laws, c. 442, § 1; 59 Del. Laws, c. 212, § 1;

§ 6114. Rental for leased land. The Secretary shall specify a rental payable annually in advance of not less than $0.25 for each acre of land subject to the lease at the rental date. After production has been established, rent paid shall be deducted from any royalty due under the…

§ 6115. Bonds. Sufficient bonding or insurance requirements, as determined by the Secretary shall be specified to secure to the State performance and the faithful compliance by the lessee with the terms of the lease, and further to secure adjacent landowners and the public genera…

§ 6116. Cessation of production. In the event production on the leasehold shall cease at any time or from time to time, after the expiration of the primary term of the lease, the lease shall nevertheless continue in full force and effect if the lessee shall, within 6 months after…

§ 6117. Slant and adjacent drilling. Unless otherwise determined by the Secretary, each well drilled pursuant to the terms of the lease may be drilled or slant drilled to and into the subsurface of the tide or submerged lands covered by the lease from upland or littoral drill sit…

§ 6118. Restoration of visible lands to original condition. Upon any partial or total termination, surrender or forfeiture of its permit or lease, the Secretary may require that the permittee or lessee, within a reasonable time, restore that portion of the premises that is visibl…

§ 6119. Pollution and contamination prohibited. (a) Avoidable pollution or avoidable contamination of the ocean and of the waters covering submerged lands, avoidable pollution or avoidable contamination of the beaches or land underlying the ocean or waters covering submerged land…

§ 6120. Extension of lease where permits required. If the lessee, as disclosed by information submitted with his or her bid, proposes to drill 1 or more wells from filled lands, whether contiguous or noncontiguous to the littoral lands or uplands, or from any pier or from platfor…

§ 6121. Commencing of operations for drilling. Subject to the lessee’s right to surrender, the lessee shall commence operations for the drilling of a well within 5 years from date of the lease and commence production within 3 years of discovery of oil, gas, sulphur or other miner…

§ 6122. Nonconflicting uses. The State reserves the right to permit reasonable nonconflicting use (including seismic surveys but excluding core hole drilling of lands under lease) so long as: (1) Such uses do not unreasonably impair or interfere with operations of the lessee; and…

§ 6123. Assignability of lease. No permit, easement or lease, or any portion thereof shall be assignable without the prior written consent of the Secretary.7 Del. C. 1953, § 6423; 55 Del. Laws, c. 442, § 1; 59 Del. Laws, c. 212, § 1;

§ 6124. Protection against drainage. The lessee shall at all times proceed with due diligence to protect the leasehold from drainage by wells on land not owned by the State.7 Del. C. 1953, § 6424; 55 Del. Laws, c. 442, § 1; 59 Del. Laws, c. 212, § 1;

§ 6125. Surrender by lessee. The lessee may at any time file with the Secretary a written surrender of all rights under the lease or any portion thereof or any separate or distinct zone or geological horizon or any portion thereof. Such surrender shall be effective as of the date…

§ 6126. Cancellation of lease; judicial proceedings. The Secretary may cancel any lease upon which oil, gas, sulphur or other minerals have not been discovered in paying quantities, upon failure of the lessee after 30 days’ written notice and demand for performance, to exercise d…

§ 6127. Lease shall conform to all laws, rules and regulations. It shall be a continuing condition of any lease that the lessee shall conform to all applicable laws of the State and all duly promulgated rules and regulations pursuant thereto in effect at the date of the invitatio…

§ 6128. Notice of offer to lease; bid award; fee. (a) The Secretary may offer to lease tide and submerged lands by publication of a notice of his or her intention to do so, once each week for not less than 2 weeks in 2 or more newspapers of general circulation in this State, 1 of…

§ 6129. Execution of lease. All leases and other instruments required in carrying out this chapter shall be executed by the Secretary and the Governor. All bonds, contracts and other instruments required by this chapter for the protection of the interests of this State and its po…

§ 6130. Proceeds to General Fund. The proceeds from all leases under this chapter, including rents and royalties, after payment of the necessary expenses incurred by the Secretary in carrying out this chapter, shall be turned over to the Secretary of Finance and deposited by him …

§ 6131. Discriminatory bidding requirements prohibited. In leasing tide and submerged lands, the Secretary may not discriminate between bidders by requiring drilling from: (1) Upland or littoral drill sites; (2) Sites on filled land, whether contiguous or noncontiguous to the lit…

§ 6132. Retention or protection of fill. Under a lease entered into by the Secretary pursuant to this chapter, the fill constituting filled lands may be retained in place or protected by bulkheads, seawalls, revetments or similar enclosures and may be placed at any location appro…

§ 6133. Interest leaseable. Any interest in lands, or lands in fee simple, acquired by the Secretary by purchase, donation, lease, condemnation or otherwise, may be made available to any lessee of the State for the purposes contained in this chapter and upon such terms and condit…

§ 6134. Joint exploration. For the purpose of properly conserving the natural resources of any single oil, gas or other mineral, pool or field lessees under this chapter and their representatives may unite with each other jointly or separately, or jointly or separately with other…

§ 6135. Sulphur. This chapter applies equally to the exploration and leasing of tide and submerged lands for the production of sulphur, save and except that the royalty for sulphur produced under this chapter shall not be less than $1.00 per long ton.7 Del. C. 1953, § 6435; 55 De…