North Dakota Administrative Code

The operator of each well completed in any pool shall, by five p.m. on the fifth day of the second month succeeding the month in which production occurs or could occur, file with the director the amount of gas produced by each such well on a gas report. Wells for which reports of…

1. A saltwater handling facility may not be constructed without obtaining a permit from the director. Saltwater handling facilities in existence prior to October 1, 2016, which are not currently bonded as an appurtenance to a well or treating plant, have ninety days from the date…

1. A permit for construction of a saltwater handling facility, saltwater handling facility site, or access road must be approved by the director prior to construction. The saltwater handling facility permit application must be submitted on a facility sundry notice and include at …

All saltwater handling facilities must be sited in such a fashion that they are not located in a geologically or hydrologically sensitive area. History: Effective October 1, 2016. General Authority: NDCC 38-08-04 Law Implemented: NDCC 38-08-04

requirement. 1. Before construction of a saltwater handling facility, saltwater handling facility site, or access road begins, the operator shall file with the director a surety bond or cash bond conditioned upon compliance with all laws, rules and regulations, and orders of the …

Notice of intention to abandon. The operator or the operator's agent shall file a notice of intention (form 4) to abandon and obtain the approval of the director, prior to the commencement of reclamation operations pursuant to section 43-02-03-34.1. History: Effective October 1, …

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 oil and gas conservation statutes or any rule, regulation, or order of the commission, the director shall within a re…

saltwater handling facilities - Suspension of drilling. 1. The removal of production equipment or the failure to produce oil or gas for one year constitutes abandonment of the well. The removal of production equipment or the failure to produce water from a source well for one yea…

Repealed effective November 1, 1982.

After the completion or recompletion of a gas well, the operator shall conduct tests to determine the daily open flow potential of the well. The test results together with an analyses of the gas shall be reported to the director within thirty days after completion of the well. Op…

Repealed effective January 1, 1983.

Gas production may not be transported from gas well premises until its volume has been determined through the use of properly calibrated measurement equipment. All measurement equipment and volume determinations must conform to American gas association standards and corrected to …

Repealed effective January 1, 1983.

The value of gas flared from an oil well in violation of North Dakota Century Code section 38-08-06.4 shall be determined by the commission after notice and hearing. History: Effective October 1, 1990; amended effective May 1, 1992; May 1, 1994; May 1, 2004. General Authority: ND…

The connection of a well to a natural gas gathering line is "economically infeasible" under North Dakota Century Code section 38-08-06.4, if the direct costs of connecting the well to the line and the direct costs of operating the facilities connecting the well to the line during…

Any operator desiring to certify a well for purposes of eligibility for the gas tax incentive provided in North Dakota Century Code chapter 57-51 shall submit to the director an application for certification as an oil or gas well employing a system to avoid flaring. The operator …

With the exception of the requirement to meter and report monthly the amount of gas injected and the amount of gas withdrawn from storage, in the absence of waste, this chapter shall not apply to gas being injected into or removed from storage. History: Amended effective January …

Insofar as is applicable, the provisions of this chapter relating to gas, gas wells, and gas reservoirs shall also apply to carbon dioxide, coal bed methane, helium, nitrogen, carbon dioxide wells, coal bed methane wells, helium wells, nitrogen wells, carbon dioxide reservoirs, c…

To prevent waste and to protect correlative rights, when the commission finds that total production in an area significantly exceeds the reasonable market demand and undue marketing discrimination is occurring, the commission may prorate or distribute the allowable production amo…

In allocated oil and gas pools the owner or operator of any proration unit shall not produce from the unit during any proration period more oil or gas than the allowable production from such unit as shown by the proration schedule, provided that such owners or operators shall be …

When necessary the commission shall hold a hearing to set proration unit allowables for the state. The commission shall consider all evidence of market demand for oil and gas, including sworn statements of individual demand as submitted by each purchaser or buyer in the state, an…

No well shall be placed on the proration schedule until a completion report (form 6 or form provided by the commission) has been filed with the director. The discovery well of any pool hereafter discovered shall be allowed to produce at a maximum efficient rate until such time as…

At the beginning of each calendar month, the distribution or proration to the respective proration units shall be changed in order to take into account all new wells which have been completed and were not in the proration schedule during the previous calendar month. Where any wel…

In allocated pools containing a well or wells producing from a reservoir which contains both oil and gas, each proration unit shall be permitted to produce only that volume of gas equivalent to the applicable limiting gas-oil ratio multiplied by the proration unit oil allowable c…

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 …