North Dakota Administrative Code

After the plugging of a well, a plugging records (form 7-sm) shall be filed with the state geologist. After the completion of a well, recompletion of a well in a different pool, or drilling horizontally in an existing pool, a completion report (form 6-sm) shall be filed with the …

Repealed effective July 1, 2013.

The operator shall conduct a subsurface pressure test on the discovery well of any new pool discovered and shall report the results to the director within thirty days after the completion of such discovery well. Drill stem test pressures are acceptable. After the discovery of a n…

Except as directed by the commission after notice and hearing, each pool shall be produced as a single common reservoir without commingling in the well bore of fluids from different pools. After fluids from different pools have been brought to the surface, such fluids may be comm…

The operator or the operator's agent shall file a notice of intention (form 4-sm) to plug with the state geologist, and obtain the approval of the director, prior to the commencement of plugging or plug-back operations. The notice shall state the name and location of the well, th…

All wells shall be plugged in a manner which will confine permanently all subsurface minerals, oil, gas, and water in the separate strata originally containing them. This operation shall be accomplished by the use of mud-laden fluid, cement, and plugs, used singly or in combinati…

1. The removal of production equipment or the failure to produce subsurface minerals, or the failure to produce water from the source well, for one year constitutes abandonment of the well. The removal of injection equipment or the failure to use an injection well for one year co…

1. Within a reasonable time, but not more than one year, after a well is plugged, or if a permit expires, has been canceled or revoked, the well site, access road, and other associated facilities constructed for the well shall be reclaimed as closely as practicable to original co…

Repealed effective August 1, 1986. 24

Any person desiring to convert a mineral well to a freshwater well shall file an application for approval with the commission. The application must include the following: 1. If the well is to be used for other than individual domestic and livestock use, a conditional water permit…

The owner and operator of any well, core hole, or stratigraphic testhole, whether cased or uncased, shall be liable and responsible for the plugging and site reclamation in accordance with the rules and regulations of the commission. History: Amended effective July 1, 2013. Gener…

Repealed effective July 1, 2013.

Sample cuttings of formations, taken at regular intervals in all wells drilled for subsurface minerals or geological information in North Dakota, shall be washed and packaged in standard sample envelopes which in turn must be placed in proper order in a standard sample box; caref…

Before conducting any mining or production operations, the operator shall submit to the state geologist for approval a mining plan which shall show in detail the proposed development or mining operations to be conducted. Mining plans shall be consistent with and responsive to the…

The operator of each and every well or mine shall, on or before the tenth day of the second month succeeding the month in which production occurs, file with the state geologist the amount of production made by each such well or mine upon form 5-sm or approved computer sheets no l…

The operator of each and every injection well shall, on or before the tenth day of the second month succeeding the month in which injection occurs, file with the state geologist the amount of liquid injected, the composition of the liquid, and the source thereof upon approved com…

All saltwater liquids or brines produced shall be processed, stored, and disposed of without pollution of freshwater supplies. At no time shall saltwater liquids or brines be allowed to flow over the surface of the land or into streams. History: Amended effective July 1, 2013. Ge…

Upon receipt of a written complaint from any surface owner or lessee, royalty owner, mineral owner, local, state, or federal official, alleging a violation of the subsurface mineral conservation statutes or any rule, regulation, or order of the commission, the director shall with…

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 or products as may appear to be necessary or desirable, either generally or sp…

All producers 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 be able to make and substantiate the reports required by this chapter. History: Amended effectiv…

Repealed effective July 1, 2013. 27

Repealed effective July 1, 2013.

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…

When an application is filed, it shall be set for hearing before the commission at such time as will permit fifteen days' notice thereof to be given, as provided in section 43-02-02-40. History: Amended effective July 1, 2013. General Authority: NDCC 38-12-04 Law Implemented: NDC…

proceedings. 1. Except as more specifically provided in North Dakota Century Code section 38-12-04, 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 a 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 Jul…

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

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 July 1, 2013. General Authority: NDCC 28-32-13 Law Implemented: NDCC 28-32-13

The commission may give notice of an order by mailing the order, and findings and conclusions upon which it is based, to all parties by regular mail provided it files an affidavit of service by mail indicating upon whom the order was served. History: Effective July 1, 2013. Gener…

All pleadings, notices, written motions, requests, petitions, briefs, and correspondence to the commission or commission employees 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 offic…

Within thirty days after the entry of any order or decision of the commission or the director, any person affected thereby may file with the commission an application for rehearing in respect of any matter determined by the order or decision, setting forth the reasons the order o…

Repealed effective August 1, 1986.

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 August 1, 1986; July 1, 2013. General Author…

Repealed effective August 1, 1986.

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 exa…

Repealed effective August 1, 1986.

Repealed effective July 1, 2013. 30

Upon the conclusion of any hearing before an examiner, the examiner shall promptly consider the proceedings in such hearings, 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 …

After receipt of the report and recommendation of the examiner, the commission shall enter its order disposing of the matter or proceeding. General Authority: NDCC 38-12-04 Law Implemented: NDCC 38-12-04

Repealed effective August 1, 1986.

In a matter pending before the commission, all prehearing motions must be served by the moving party upon all parties affected by the motion. Service must be upon a party unless a party is represented by an attorney, in which case service must be upon the attorney. Service must b…

1. "Abandoned well" means a well whose use has been permanently discontinued or which is in a state of disrepair such that it cannot be used for its intended purpose or for observation purposes. 2. "Aquifer" means a geological formation, group of formations, or part of a formatio…

This classification refers to wells which inject for extraction of minerals or energy, including: 1. Mining or sulfur by the Frasch process. 2. In situ production of uranium or other metals. This category includes only in situ production from ore bodies which have not been conven…

The state geologist shall act as a supervisor charged with the duty of enforcing the regulations and orders of the commission applicable to the underground injection control program for Class III disposal wells. All applications, correspondence, protests, and other communications…

Any Class III underground injection is prohibited except as authorized by permit issued under this section. Also, the construction of any well required to have a permit under this section is prohibited until the permit has been issued. History: Effective March 1, 1984. General Au…

No owner or operator may construct, operate, maintain, convert, plug, abandon, or conduct any other underground injection activity in a manner which causes or allows movement of fluid containing any contaminant into underground sources of drinking water or which may adversely aff…

aquifers. The commission acting by and through the state geologist shall identify underground sources of drinking water and exempted aquifers in accordance with 40 CFR 144.7. History: Effective March 1, 1984. General Authority: NDCC 38-12-02 Law Implemented: NDCC 38-12-02

1. Application for a permit. a. Any person who is required to have a permit shall complete, sign, and submit an application to the state geologist. b. When the owner and operator are different, it is the operator's duty to obtain a permit. c. Applicants shall keep records of all …

The commission may issue a permit on an area basis, rather than for each well individually, in accordance with the specifications outlined in 40 CFR 144.33. History: Effective March 1, 1984. General Authority: NDCC 38-12-03 Law Implemented: NDCC 38-12-03 3…

1. Draft permits. When an application is completed, the commission, acting by and through the state geologist, shall either prepare a draft permit or deny the application. A draft permit must contain all permit requirements. 2. Fact sheets. a. A fact sheet must be prepared for ea…