Chapter 57 — MINERALS, OIL, AND GAS
229 sections in this chapter.
Neb. Rev. Stat. § 57-908 Commission; spacing units; establish.
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(1) When required to prevent waste, to avoid the drilling of unnecessary wells, or to protect correlative rights, the commission shall establish spacing units for a pool, except in those pools which, prior to September 28, 1959, have been developed to such an extent that it would…
Neb. Rev. Stat. § 57-909 Spacing unit; pooling of interests; order of commission; provisions for drilling and operation; costs; determination; recording.
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(1) When two or more separately owned tracts are embraced within a spacing unit or when there are separately owned interests in all or part of the spacing unit, then the owners and royalty owners thereof may pool their interests for the development and operation of the spacing un…
Neb. Rev. Stat. § 57-910 Unit or cooperative development; plans and agreements; authorization; not violations of law; approval by commission; effect.
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Plans and agreements for the unit or cooperative development and operation of a field or pool, or a part of either, including those in connection with the conduct of repressuring or pressure maintenance operations, cycling or recycling operations, including the extraction and sep…
Neb. Rev. Stat. § 57-910.01 Unit or cooperative development; application for order for unit operation; contents.
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Any owner may file an application with the commission requesting an order for the unit operation of a pool, pools, or parts thereof and for the pooling of the interests in the oil and gas in the proposed unit area for the purpose of conducting such unit operation. The application…
Neb. Rev. Stat. § 57-910.02 Unit or cooperative development; hearing; notice.
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Upon filing of an application for an order providing for the unit operation of a pool, pools, or part thereof, and for the pooling of the interests in the oil and gas in the proposed unit area, the commission shall promptly set the matter for hearing and in addition to the notice…
Neb. Rev. Stat. § 57-910.03 Unit or cooperative development; findings required; entry of order; written consents required; revocation of order.
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If after considering the application and hearing the evidence offered in connection therewith the commission finds that: (1) The material averments of the application are true; (2) Such unit operation is feasible, will prevent waste, and can reasonably be expected to increase sub…
Repealed. Laws 1984, LB 1032, § 2.
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[Repealed or reserved.]
Neb. Rev. Stat. § 57-910.05 Unit or cooperative development; order for unit operation; allocation of unit production.
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Upon application by an owner the commission, by order, may, in the same manner and subject to the same conditions as in an original order, provide for the unit operation of a pool or pools, or parts thereof, that embrace a unit area established by a previous order of the commissi…
Neb. Rev. Stat. § 57-910.06 Unit or cooperative development; operations upon any portion of unit area; effect.
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All operations, including, but not limited to, the commencement, drilling, or operation of a well upon any portion of the unit area shall be deemed for all purposes the conduct of such operations upon each separately owned tract in the unit area by the several owners thereof. The…
Neb. Rev. Stat. § 57-910.07 Unit or cooperative development; unit production; allocation; property of several owners.
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The portion of the unit production allocated to any tract, and the proceeds from the sale thereof, shall be the property and income of the several persons to whom, or to whose credit, the same are allocated or payable under the order providing for unit operations.
Neb. Rev. Stat. § 57-910.08 Unit or cooperative development; division orders; no termination by commission.
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No division order or other contract relating to the sale or purchase of production from a separately owned tract shall be terminated by any commission order, but shall remain in force and apply to oil and gas allocated to such tract until terminated in accordance with the provisi…
Neb. Rev. Stat. § 57-910.09 Unit or cooperative development; commission order not to result in transfer of title.
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Except to the extent that the parties affected so agree, no commission order shall be construed to result in a transfer of all or any part of the title of any person to the oil and gas rights in any tract in the unit area.
Neb. Rev. Stat. § 57-910.10 Unit or cooperative development; lien of operator; establishment and enforcement; effect on nonconsenting owner.
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Subject to the limitations set forth in sections 57-910 to 57-910.12, and to such further limitations as may be set forth in the plan of unitization and operating plan, the operator of the unit shall have a first and prior lien for costs incurred pursuant to the plan of unitizati…
Neb. Rev. Stat. § 57-910.11 Unit or cooperative development; owner of land not subject to lease; obligation to pay share of costs of unit operation; effect.
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Notwithstanding any provisions in sections 57-910 to 57-910.12 to the contrary, any person who owns an oil or gas interest within the unit area in a tract which is not subject to an oil and gas lease or similar contract shall be deemed, for purposes of this section, an owner obli…
Neb. Rev. Stat. § 57-910.12 Unit or cooperative development; certified order of commission; recording; effect as notice.
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A certified copy of any order of the commission entered under any provisions of sections 57-910 to 57-910.12 shall be entitled to be recorded in the office of the register of deeds for the counties where all or any portion of the unit area is located, and such recordation shall c…
Neb. Rev. Stat. § 57-911 Commission; rules and regulations; filing fee.
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(1) The commission shall prescribe rules and regulations governing the practice and procedure before the commission. (2) No rule, regulation, or order, or amendment thereof, except in an emergency, shall be made by the commission without a public hearing upon at least fifteen day…
Neb. Rev. Stat. § 57-912 Commission; witnesses; power of subpoena; failure to appear or testify; contempt.
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(1) The commission shall have the power to summon witnesses, to administer oaths and to require the production of records, books and documents for examination at any hearing or investigation conducted by it. Any oral or documentary evidence may be received, but the commission sha…
Neb. Rev. Stat. § 57-913 Appeal; procedure.
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Any person having an interest in property affected by and who is dissatisfied with any rule, regulation, or order made or issued under sections 57-901 to 57-921 may appeal the rule, regulation, or order, and the appeal shall be in accordance with the Administrative Procedure Act.
Neb. Rev. Stat. § 57-914 Temporary restraining order; bond; limitation of actions.
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(1) No temporary restraining order or injunction of any kind against the commission or its agents, employees or representatives, or the Attorney General, shall become operative unless and until the plaintiff party shall execute and file with the clerk of the district court a bond…
Neb. Rev. Stat. § 57-915 Violations; penalty.
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(1) Any person who violates any provision of sections 57-901 to 57-921, or any rule, regulation or order of the commission shall be guilty of a Class II misdemeanor. Each day that such violation continues shall constitute a separate offense. (2) If any person, for the purpose of …
Neb. Rev. Stat. § 57-916 Violations; injunction; parties; process.
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(1) Whenever it appears that any person is violating or threatening to violate any provision of sections 57-901 to 57-921, or any rule, regulation or order of the commission, the commission shall bring suit against such person in the district court of any county where the violati…
Neb. Rev. Stat. § 57-916.01 Violations; civil penalty; procedure.
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(1) In addition to the penalties prescribed in section 57-915, any person who violates any provision of sections 57-901 to 57-921, any rule, regulation, or order of the commission, or any term, condition, or limitation of any permit issued pursuant to such sections, rule, regulat…
Neb. Rev. Stat. § 57-917 Commission; director; appointment; compensation; bond or insurance.
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To enable the commission to carry out its duties and powers under the laws of this state with respect to conservation of oil and gas and to enforce sections 57-901 to 57-921 and the rules and regulations so prescribed, the commission shall employ one chief administrator who shall…
Neb. Rev. Stat. § 57-918 Attorney General; act as legal advisor; administration of oath.
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The Attorney General shall be the attorney for the Nebraska Oil and Gas Conservation Commission; Provided, that in cases of emergency or in other special cases the commission may, with the consent of the Attorney General retain additional legal counsel, and for such purpose may u…
Neb. Rev. Stat. § 57-919 Oil and Gas Conservation Fund; investment; charges; exemptions; payment; report of producer; filing; interest; lien; penalties.
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(1) All money collected by the Tax Commissioner or the commission or as civil penalties under sections 57-901 to 57-921 shall be remitted to the State Treasurer for credit to a special fund to be known as the Oil and Gas Conservation Fund. Expenses incident to the administration …
Neb. Rev. Stat. § 57-920 Sections; jurisdiction.
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The State of Nebraska being a sovereign state and not disposed to jeopardize or surrender any of its sovereign rights, sections 57-901 to 57-921 shall apply to all lands in the State of Nebraska lawfully subject to its police powers, except it shall apply to lands of the United S…
Neb. Rev. Stat. § 57-921 Commission; price or value of oil, gas, or other hydrocarbon substances; no power to fix.
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Notwithstanding anything heretofore contained in sections 57-901 to 57-921, the Nebraska Oil and Gas Conservation Commission shall have no authority to establish, fix or in any way control the price or value of oil, gas, other hydrocarbon substances or any of the products or comp…
Neb. Rev. Stat. § 57-922 Oil and Gas Conservation Trust Fund; receipts; disbursements; investment.
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There is hereby created in the state treasury a special fund to be known as the Oil and Gas Conservation Trust Fund. All sums of money received by the Nebraska Oil and Gas Conservation Commission, in a manner other than as provided in sections 57-901 to 57-921, shall be paid into…
Neb. Rev. Stat. § 57-923 Well Plugging and Abandonment Trust Fund; created; use; investment; inactive oil or gas well; fee.
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The Well Plugging and Abandonment Trust Fund is created. The Nebraska Oil and Gas Conservation Commission shall adopt and promulgate rules and regulations that provide for the collection of a fee for each inactive oil or gas well administered by the commission. The fee shall not …