Montana Administrative Code

36.22.1610 SPECIAL FINDINGS AND DETERMINATIONS - NEW ONSHORE PRODUCTION WELLS UNDER SECTION 103 (REPEALED) Authorizing statute(s): 82-11-115, MCA Implementing statute(s): 82-11-115, MCA History: EMERG, NEW, 1979 MAR p. 648, Eff. 6/29/79; AMD, 1982 MAR p. 1398, Eff. 7/16/82; REP, …

36.22.1611 SPECIAL FINDINGS AND DETERMINATIONS - STRIPPER WELL PRODUCTION (IS HEREBY REPEALED) Authorizing statute(s): 82-11-115, MCA Implementing statute(s): 82-11-115, MCA History: EMERG, NEW, 1979 MAR p. 648, Eff. 6/29/79; REP, 1996 MAR p. 1160, Eff. 4/26/96.

36.22.1701 CERTIFICATION OF HORIZONTAL WELLS Upon request by the operator, the board's staff will certify to the department of revenue the completion of a horizontal well. Such well must be drilled and completed in conformance with the board's rules and any required reports, incl…

36.22.1702 CERTIFICATION OF ENHANCED RECOVERY PROJECTS The board, upon application of an interested party and notice and hearing, will certify to the department of revenue its approval of a new or expanded enhanced recovery project. Projects requiring compulsory unitization under…

36.22.1703 APPLICATION - CONTENTS AND REQUIREMENTS Applications for certification and approval of secondary recovery projects and new tertiary recovery projects that comply with the requirements of 82-11-204 , MCA, et seq. need not file an additional application for certification…

36.22.1704 DETERMINATION OF PRODUCTION DECLINE RATE Production decline rates used for calculation of incremental production from secondary and tertiary recovery projects and expanded enhanced recovery projects will be determined by the board upon application of the operator and a…

36.22.1705 FILING FEES An application for determination of the production decline rate from a new or expanded enhanced recovery project will pay a fee based upon: the number of wells which produce or have produced in the project area; the method used to analyze these data. Fees w…

36.22.1706 DEFINITIONS (IS HEREBY REPEALED) Authorizing statute(s): 7-7-2101 and 82-11-111, MCA Implementing statute(s): 15-23-601 and 15-36-101, MCA History: NEW, 1994 MAR p. 1875, Eff. 7/8/94; REP, 2000 MAR p. 3542, Eff. 12/22/00.

36.22.1707 CERTIFICATION OF CARBON SEQUESTRATION EQUIPMENT For the purposes of this rule, "operator" means: the owner or operator of a carbon sequestration project approved by a state or federal agency; or the owner or operator of a closed-loop enhanced oil recovery operation loc…

36.22.201 PROCEDURAL RULES The board of oil and gas conservation adopts the procedural rules as stated in ARM 36.2.101. Authorizing statute(s): Sec. 2-4-201, MCA Implementing statute(s): Sec. 2-4-201 and 2-4-202, MCA History: Eff. 12/31/72.

36.22.202 ENVIRONMENTAL POLICY ACT PROCEDURAL RULES The board of oil and gas conservation adopts the procedural rules as stated in ARM 36.2.521 through ARM 36.2.543 and ARM 36.2.605 through 36.2.611, except the terms "the agency", "the department", and "the board" mean the board …

36.22.301 EFFECTIVE SCOPE OF RULES General rules shall be statewide in application unless otherwise specifically stated. Special rules and orders will be issued when required and shall prevail as against general rules if in conflict therewith. Authorizing statute(s): Sec. 82-11-1…

36.22.302 DEFINITIONS Unless the context otherwise requires, the words defined shall have the following meaning when found in these rules: "Acidizing" means introduction of acid into a formation containing oil or gas to increase the producing ability of a well by dissolving a par…

36.22.303 CLASSIFICATION OF WILDCAT OR EXPLORATORY WELLS If a test for fluid productivity is made in a stratigraphic well or core hole, the well must be reclassified as "wildcat or exploratory" and is subject to all the rules of a well drilled for oil or gas. Wells drilled in a d…

36.22.304 INSPECTION OF RECORDS, PROPERTIES, AND WELLS The petroleum engineer and his authorized agents shall have access to all factual well records. The petroleum engineer and his authorized agents shall have the right at all reasonable times to go upon and inspect any oil and …

36.22.305 NAMING OF POOLS (REPEALED) Authorizing statute(s): 82-11-111, MCA Implementing statute(s): 82-11-111, MCA History: Eff. 12/31/72; REP, 1996 MAR p. 1160, Eff. 4/26/96.

36.22.306 ORGANIZATION REPORTS On or before January 31, 1954, every person acting as principal or as agent for another who is independently engaged in oil and gas operations in the state shall file under oath with the board on Form No. 1 a statement giving the following informati…

36.22.307 ADOPTION OF FORMS The forms listed are adopted by reference and made a part of these rules for all purposes, and the same must be used as directed in giving notice and in making reports and requests to the board. Copies of printed forms will be supplied by the board on …

36.22.308 SEAL OF BOARD (REPEALED) Authorizing statute(s): 82-11-111, MCA Implementing statute(s): 82-11-111, MCA History: Eff. 12/31/72; REP, 1982 MAR p. 1398, Eff. 7/16/82.

36.22.309 REFERRAL OF ADMINISTRATIVE DECISIONS The board administrator may refer any administrative action or decision to the board for consideration. Administrative actions or decisions referred by the board administrator to the board for consideration must be presented in the f…

36.22.401 OFFICE AND DUTIES OF PETROLEUM ENGINEER (IS HEREBY REPEALED) Authorizing statute(s): Sec. 82-11-111, MCA Implementing statute(s): Sec. 2-15-3303, MCA History: Eff. 12/31/72; REP, 1982 MAR p. 1398, Eff. 7/16/82.

36.22.402 OFFICE AND DUTIES OF ADMINISTRATOR (IS HEREBY REPEALED) Authorizing statute(s): Sec. 82-11-111, MCA Implementing statute(s): Sec. 2-15-3303, MCA History: Eff. 12/31/72; REP, 1982 MAR p. 1398, Eff 7/16/82.

36.22.403 OFFICE AND DUTIES OF GEOLOGIST (IS HEREBY REPEALED) Authorizing statute(s): Sec. 82-71-111, MCA Implementing statute(s): Sec. 2-15-3303, MCA History: Eff. 12/31/72; REP, 1982 MAR p. 1398, Eff 7/16/82.

36.22.501 SHOT LOCATION LIMITATIONS No vibroseis shall be done closer than 330 feet, or seismic shot hole drilled or surface charge set closer than 1320 feet (1/4 mile) to any building, structure, water well, or spring; nor closer than 660 feet (1/8 mile) to any reservoir dam wit…

36.22.502 PLUGGING AND ABANDONMENT Unless otherwise agreed to between the surface owner; the company, firm, corporation, or individual responsible for the drilling of seismic shot holes; and the board's designated inspector, all such holes shall be plugged and abandoned as set fo…

36.22.503 NOTIFICATION The county clerk and recorder of the county in which a permit for geophysical activity is issued shall immediately forward notice of the issuance of such permit to the board of oil and gas conservation at its office in Billings, Montana. The board shall not…

36.22.504 IDENTIFICATION Each unit of mobile equipment utilized in seismic exploration or plugging seismic shot holes shall display on both sides in conspicuous lettering the name of the holder of the geophysical exploration permit by or for whom the work is being done and the te…

36.22.601 NOTICE OF INTENTION AND PERMIT TO DRILL No person shall commence the drilling of an oil or gas well or stratigraphic test well or core hole without filing an application for permit to drill on Form No. 22 and obtaining a drilling permit from the board. If the proposed w…

36.22.602 NOTICE OF INTENTION TO DRILL AND APPLICATION FOR PERMIT TO DRILL A notice of intention and application for permit to drill must include a survey plat certified by a registered surveyor and showing the location of the proposed well with reference to the nearest lines of …

36.22.603 PERMIT FEES Notice of intention to drill an oil or gas well or stratigraphic test well or core hole shall also be accompanied by payment of a fee, as follows: for each well whose estimated depth is 3500 feet or less, $25.00; from 3501 feet to 7000 feet, $75.00; 7001 fee…

36.22.604 PERMIT ISSUANCE - EXPIRATION - EXTENSION If no written demand for hearing has been filed within ten (10) days following the date of publication of the notice as specified in ARM 36.22.601 and the planned drilling operations do not require further environmental review, a…

36.22.605 TRANSFER OF PERMITS No person to whom a permit has been issued shall transfer the permit to any other location or to any other person until the following requirements have been complied with: If prior to the drilling of a well the person holding a permit desires to chan…

36.22.606 NOTICE AND ELIGIBILITY STATEMENT FOR DRILLING OR RECOMPLETION IN UNIT OPERATIONS If the applicant desires a statement from the petroleum engineer to be filed with another state or federal agency relating to the need for an additional well or recompletion operation, and …

36.22.607 DRILLING PERMITS PENDING SPECIAL FIELD RULES Upon receipt by the board of an application or petition from any person requesting the establishment of special field rules for spacing of wells within a certain designated area all or a portion of which is not then subject t…

36.22.608 WELL STIMULATION ACTIVITIES COVERED BY DRILLING PERMIT Well completions which include hydraulic fracturing, acidizing, or other chemical stimulation done to complete a well are considered permitted activities under the drilling permit for that well only if the processes…

36.22.620 NOTIFICATION OF APPLICATION FOR PERMIT TO DRILL For the purposes of this rule, "occupied structure" means any building suitable for human occupancy or for carrying on business, including a residence, school, office, or hospital, but not including outbuildings such as, b…

36.22.701 SPACING UNITS GENERAL (IS HEREBY REPEALED) Authorizing statute(s): Sec. 82-11-111 MCA Implementing statute(s): Sec. 82-11-201 MCA History: Eff. 12/31/72; AMD, 1977 MAR p. 549, Eff. 9/24/77; REP, 1982 MAR p. 1398, Eff. 7/16/82.

36.22.702 SPACING OF WELLS In proven oil and gas fields, the spacing of wells as well as the establishment of spacing units will be governed by special field rules for the particular field to be adopted after notice and hearing. In the absence of special field rules, the followin…

36.22.703 HORIZONTAL WELLS Unless otherwise modified herein, the requirements of ARM 36.22.702 shall apply to horizontal wells. For the purpose of determining the size of drilling units and the permissible location of horizontal wells, "projected depth" as used in ARM 36.22.702 m…

36.23.101 PURPOSE The purpose of this subchapter is to implement the provisions of the Drinking Water State Revolving Fund Act pursuant to Title 75, chapter 6, part 2, MCA; and the Federal Safe Drinking Water Act, 42 USC 300f to 42 USC 300j-26, inclusive, as amended to January 1,…

36.23.102 DEFINITIONS In this subchapter, the following terms have the meanings indicated below and certain of the terms are supplemental to the definitions contained in Title 75, chapter 6, parts 1 and 2, MCA; sections 300f through 300j-26 of the Federal Safe Drinking Water Act,…

36.23.103 CONSTRUCTION OF RULES Any conflict between this subchapter and the indenture of trust shall be resolved in favor of the indenture of trust. Authorizing statute(s): 75-6-205, MCA Implementing statute(s): 75-6-205, MCA History: NEW, 1998 MAR p. 1412, Eff. 5/29/98.

36.23.104 USE OF THE REVOLVING FUND The program must be administered in accordance with the act and the federal act and these rules.To the extent of any conflict therein, the act and the federal act take precedence over the rules. Money in the state revolving fund may be used, su…

36.23.105 ELIGIBILITY FOR GENERAL LOAN AND ASSISTANCE PROGRAMS The department will make loans only to community water systems and nonprofit noncommunity water systems for eligible projects included in the intended use plan according to priorities established therein and adopted i…

36.23.106 APPLICATION The department shall, after consultation with the department of environmental quality, establish loan application procedures, including forms for the applications. Each application for a loan must include: a reasonably detailed description of the project; a …

36.23.107 EVALUATION OF PROJECTS AND APPLICATIONS The department of environmental quality shall evaluate projects and the department shall evaluate loan applications. In evaluating projects and applications, the following factors must be considered: the technical design of the pr…

36.23.108 PROOF OF FINANCIAL, MANAGERIAL OR TECHNICAL CAPABILITY The program may not provide assistance to a public water system that does not have financial, managerial and technical capability to assume compliance with the requirements of the federal act, except as provided her…

36.23.109 FINANCIAL AND OTHER REQUIREMENTS FOR LOANS TO MUNICIPALITIES If a municipality is determined to have financial, technical, and managerial capabilities consistent with these rules and rules adopted by the department of environmental quality, the following types of bonds …

36.23.110 GENERAL OBLIGATION BONDS The department may accept general obligation bonds issued by a municipality, upon the following terms: the bond will not cause the municipality to exceed its statutory indebtedness limitation; all statutory requirements for the issuance of such …

36.23.111 REVENUE BONDS The department may accept revenue bonds issued by a municipality in accordance with the provisions of Title 7, chapter 7, part 44, or Title 7, chapter 13, part 2, MCA, or other applicable statutory provisions, subject to the following terms and conditions:…