Chapter 02-03. Oil and Gas Conservation

When the commission determines that allocation of gas production in a designated gas pool is necessary to prevent waste, and to protect correlative rights, the commission, after notice and hearing, shall consider the nominations of purchasers from that gas pool and other relevant…

The gas proration period shall be set by order of the commission. History: Amended effective January 1, 1983. General Authority: NDCC 38-08-04, 38-08-06 Law Implemented: NDCC 38-08-04, 38-08-06

When the actual market demand from any allocated gas pool during a proration period is more than or less than the allowable set by the commission for the pool for the period, the commission shall adjust the gas proration unit allowables for the pool for the next proration period …

Before issuing a proration schedule for an allocated gas pool, the commission, after notice and hearing, shall fix the gas proration unit for that pool. General Authority: NDCC 38-08-04, 38-08-06 Law Implemented: NDCC 38-08-04, 38-08-06

Repealed effective November 1, 1982.

Repealed effective November 1, 1982.

Repealed effective November 1, 1982.

Repealed effective November 1, 1982.

Any plan of unitized management or any injection into a reservoir for the purpose of maintaining reservoir pressure or for enhanced recovery operations shall be permitted only by order of the commission after notice and hearing. The application for an order shall include a comple…

Repealed effective January 1, 1983.

Provided that a supplemental order is issued authorizing such production on the proration schedule, any common purchaser is authorized to purchase one hundred percent of the amount of associated crude oil or condensate produced and recovered from a gas proration unit. History: Am…

1. By five p.m. on the first day of the second month succeeding the month in which oil is removed, purchasers and transporters, including truckers, shall file with the director the appropriate monthly reporting forms. The purchaser shall file on the oil purchasers monthly report …

By five p.m. on the fifth day of the second month succeeding the month in which gas is purchased from a well or central production facility, gas purchasers shall file with the director a gas purchasers report (form 12a) of all gas purchased from each well or central production fa…

facility, or saltwater handling facility. 1. Crude oil may not be transported from a well, treating plant, central production facility, or saltwater handling facility, prior to the director's approval of the authorization to purchase and transport oil form unless verbally approve…

Transporters of and purchasers for the resale of dry gas shall file a report (form 8a) with the director showing the amount of gas taken from each plant or well during the monthly reporting period. All gas shall be reported monthly to the director in one thousand cubic feet [28.3…

Each refiner of oil within North Dakota shall furnish for each calendar month a report (form 13) containing information and data respecting crude oil and products involved in such refiner's operations during each month. The report for each month shall be prepared and filed on or …

Each operator of a gas processing plant, cycling plant, or any other plant at which natural gas is received and processed shall report to the director the amount of natural gas received, disposition of the natural gas, and the plant production that includes condensate, ethane, pr…

This chapter shall not be taken or construed to limit or restrict the authority of the commission to require the furnishing of such additional reports, data, or other information relative to production, transportation, storing, refining, processing, or handling of crude oil, gas,…

All producers, transporters, storers, refiners, gasoline or extraction plant operators, and initial purchasers within North Dakota shall make and keep appropriate books and records for a period not less than six years, covering their operations in North Dakota from which they may…

Repealed effective January 1, 1983.

Repealed effective January 1, 1983.

In any proceeding instituted upon application, the application shall be signed by the applicant or by the applicant's attorney. An application shall state (1) the name and general description of the common source or sources of supply affected by the order, rule, or regulation sou…

underground injection, commingling, converting mineral wells to freshwater wells, central tank battery or central production facilities, and unopposed recovery of a risk penalty applications. 1. Applications to amend field rules to allow additional wells on existing spacing units…

means. In any hearing, the commission may, at its discretion, allow remote communication or communication by other reliable electronic means of witnesses and interested parties. The procedure is as follows: 78 1. Notice of an applicant's witness appearing by remote communication …

Repealed effective January 1, 1983.

proceedings. 1. Except as more specifically provided in North Dakota Century Code section 38-08-11, the rules of procedure established in subsection 1 of North Dakota Century Code section 28-32-21 apply to proceedings involving a complaint and a specific-named respondent. 2. For …

The commission may hold investigatory hearings upon the institution of a proceeding by application or by motion of the commission. Notice of the hearing must be served upon all parties personally or by certified mail at least five days before the hearing. History: Effective May 1…

The evidence in each case heard by the commission, unless specifically excluded by the hearing examiner, includes the certified directional surveys, and all oil, water, and gas production records, and all injection records on file with the commission. Any interested party may sub…

Neither petitions for review of a recommended order nor oral arguments following issuance of a recommended order and pending issuance of a final order are allowed. History: Effective May 1, 1992. General Authority: NDCC 28-32-13 Law Implemented: NDCC 28-32-13 80…

The commission shall give notice of an order, and findings and conclusions upon which it is based, to all parties pursuant to North Dakota Century Code section 38-08-11. History: Effective May 1, 1992; amended effective April 1, 2022. General Authority: NDCC 28-32-13 Law Implemen…

All pleadings, notices, written motions, requests, petitions, briefs, and correspondence to the commission or commission employee from a party (or vice versa) relating to a proceeding after its commencement, must be filed with the director and entered into the commission's offici…

Repealed effective May 1, 1992.

Repealed effective January 1, 1983.

The commission may by motion designate and appoint qualified individuals to serve as examiners. The commission may refer any matter or proceeding to any legally designated and appointed examiner or examiners. History: Amended effective April 30, 1981; January 1, 1983. General Aut…

Repealed effective January 1, 1983.

The commission may by motion limit the powers and duties of any examiner in any particular case to such issues or to the performance of such acts as the commission deems expedient; however, subject only to such limitation as may be ordered by the commission, the examiner or exami…

Repealed effective January 1, 1983.

Repealed effective January 1, 1983.

Upon the conclusion of any hearing before an examiner, the examiner shall promptly consider the proceedings in such hearing, and based upon the record of such hearing, the examiner shall prepare a report and recommendations for the disposition of the matter or proceeding by the c…

After receipt of the report and recommendations of the examiner, the commission shall enter its order disposing of the matter or proceeding. General Authority: NDCC 38-08-04 Law Implemented: NDCC 38-08-04