North Dakota Administrative Code

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Repealed effective May 1, 1992.

Repealed effective January 1, 1983.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Repealed effective January 1, 1983.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Repealed effective January 1, 1983.

Repealed effective January 1, 1983.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

The terms used throughout this chapter have the same meaning as in chapter 43-02-03 and North Dakota Century Code chapter 38-08 except: 1. "Area of review" means an area encompassing a fixed radius around the injection well, field, or project of not less than one-quarter mile [40…

All undergound injection wells are also subject to the provisions of chapter 43-02-03 where applicable. History: Effective July 1, 1996. General Authority: NDCC 38-08-04 Law Implemented: NDCC 38-08-04 1

Underground injection that causes or allows movement of fluid into an underground source of drinking water is prohibited, unless the underground source of drinking water is an exempted aquifer as provided in section 43-02-05-03. History: Effective November 1, 1982. General Author…

An aquifer or a portion thereof which meets the criteria for an underground source of drinking water may be determined by the commission, after notice and hearing, to be an exempted aquifer if it meets the following criteria: 1. It does not currently serve as a source of drinking…

1. No underground injection may be conducted, or site or access road construction commenced, without obtaining a permit from the director after notice and hearing. The application shall be on a form 14 or form provided by the director and shall include at least the following info…

All injection wells shall be sited in such a fashion that they inject into a formation which has confining zones that are free of known open faults or fractures within the area of review. History: Effective November 1, 1982; amended effective April 1, 2014. General Authority: NDC…

1. All injection wells shall be cased and cemented to prevent movement of fluids into or between underground sources of drinking water or into an unauthorized zone. The casing and cement used in construction of each new injection well shall be designed for the life expectancy of …

1. Prior to commencing operations, the operator of a new injection well must demonstrate the mechanical integrity of the well. Prior to performing any workover project on an existing well, during which the packer or other means of annular isolation could be affected, the operator…

The proper plugging of an injection well requires the well be plugged with cement or other types of plugs, or both, in a manner which will not allow movement of fluids into an underground source of drinking water. The operator shall file a notice of intention to plug (form 4) or …

Injection pressure at the wellhead shall not exceed a maximum authorized injection pressure which shall be calculated so as to assure that the pressure in the injection zone during injection does not initiate new fracture or propagate existing fractures in the confining zones. In…

If any monitoring indicates the movement of injection or formation fluids into an unauthorized zone or underground sources of drinking water, the director shall prescribe such additional requirements for construction, corrective action, operation, monitoring, or reporting as are …

All injection wells must be bonded as provided in section 43-02-03-15. A commercial injection well is one that only receives fluids produced from wells operated by a person other than the principal on the bond. History: Effective November 1, 1982; amended effective May 1, 1992; J…

1. The operator of an injection well shall meter or use an approved method to keep records and shall report monthly to the director, the volume and nature, i.e., produced water, pit water, makeup water, etc., of the fluid injected, the average operating and maximum injection pres…

The industrial commission and the director shall have access to all injection well records wherever located. All owners, operators, drilling contractors, drillers, service companies, or other persons engaged in drilling, completing, operating, or servicing injection wells shall p…

All owners, operators, drilling contractors, drillers, service companies, or other persons engaged in drilling, completing, operating, or servicing injection wells shall make and keep appropriate books and records for a period of not less than six years, covering their operations…

1. The director, after notice and hearing, may issue an area permit providing for the permitting of individual injection wells if the proposed injection wells are: a. Within the same field, facility site, reservoir, project, or similar unit in the same state; b. Of similar constr…

Whenever payment is made for oil or gas production to an interest owner, whether pursuant to a division order, lease, servitude, or other agreement, all of the following information must be included on the check stub or on an attachment to the form of payment, unless the informat…

Within one hundred twenty days after the end of the month of the first sale of production from a well or change in the spacing unit of a well or a decimal interest in a mineral owner, the operator or payor shall provide the mineral owner with a statement identifying the spacing u…

Repealed effective May 1, 1992.

Any person required to submit information, as provided by this chapter, to a royalty owner shall, if gas either wholly or partially owned by a royalty owner is being placed into storage off the leased premises, provide the royalty owner with an annual statement containing the fol…

All operators shall make and keep appropriate books and records for a period of 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. 2 History: Effective September 1, 2000. Ge…

The terms used throughout this chapter have the same meaning as in North Dakota Century Code chapter 38-19, except: 1. "Closed-loop system" means any geothermal energy extraction facility, vertical, horizontal, or otherwise, in which a fluid is permanently confined within pipe or…

This chapter is of statewide application and has been adopted by the commission to conserve the natural resources of this state, to prevent waste, to protect the correlative rights of all owners, to prevent the contamination of underground sources of drinking water, and to avoid …

The state geologist shall act as a supervisor charged with the duty of enforcing the regulations and orders of the commission applicable to geothermal energy extraction facilities. All applications, correspondence, protests, and other communications shall be addressed to the stat…

The commission may from time to time enter into arrangements with state and federal agencies, industry, and individuals with respect to special projects, services, and studies relating to geothermal energy. History: Effective March 1, 1984; amended effective October 1, 1990. Gene…

No producer may construct, operate, maintain, convert, plug, or abandon any geothermal energy extraction facility in a manner which causes or allows movement of fluid containing any contaminant into underground sources of drinking water or which may adversely affect human health.…

A permit is required prior to the commencement of operations for the drilling, boring, excavating, or construction of a new geothermal energy extraction facility, or substantial modification of an existing geothermal energy extraction facility loop field. A permit is not required…

Transfer or renewal of permit. 1. Modification or revocation and reissuance of permit. a. The commission may modify or revoke and reissue a permit if there are substantial alterations or additions to the permitted facility, or if the standards or regulations on which the permit w…

Before any person receives a permit to drill, bore, excavate, or construct a geothermal energy extraction facility, the person shall submit to the commission and obtain its approval of a surety bond or cash bond. An alternate form of security may be approved by the commission aft…

The permittee shall maintain financial responsibility and resources to close, plug, and abandon the geothermal energy extraction facility according to this chapter. The permittee shall show evidence of financial responsibility to the commission by the submission of surety bond, o…

All wells must be made by a certified water or monitoring well contractor. All open-loop geothermal energy extraction facility wells must be in compliance with article 33-18. The location and construction of the borehole of closed-loop geothermal energy extraction facilities must…

Within thirty days after the completion of any geothermal energy extraction facility, a completion report must be filed with the state geologist, on a form prescribed by the commission. 5 The following basic data developed by the producer must be delivered, free of charge, to the…

The producer of each and every open-loop geothermal energy extraction facility shall on or before the first day of February of each year file with the state geologist a sworn statement showing the quantities, temperatures, and nature of products extracted from or by means of any …

All producers of geothermal energy within this state shall make and keep appropriate books and records for a period not less than ten years, from which they may be able to make and substantiate the reports required by this chapter. History: Effective March 1, 1984; amended effect…

The surface disposal or underground injection of unusable products or waste produced from a geothermal energy extraction facility must satisfy additional state laws and regulations. The state department of health must be notified of the disposal method and may require a permit un…

Notice of intention to abandon any geothermal energy extraction facility must be filed with the state geologist by the producer prior to the commencement of plugging operations, on a form prescribed by the state geologist. The notice must state the name and location of the well o…