Title 45 — MINING, OIL AND GAS
16 chapters · 387 sections in this title.
SDCL § 45-9-51 Rights of owners within unit area to property acquired in conduct of unit operation
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All property, whether real or personal, that may be acquired in the conduct of unit operations hereunder shall be acquired for the account of the owners within the unit area, and shall be the property of such owners in the proportion that the expenses of unit operations are charg…
SDCL § 45-9-52 Agreement for cooperative development or operation of field or pool--Approval by board--Failure to submit for approval not evidence of antitrust law violation
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An agreement for the unit or cooperative development or operation of a field, pool, or part of the field or pool, may be submitted to the Board of Minerals and Environment for approval as being in the public interest or reasonably necessary to prevent waste or protect correlative…
SDCL § 45-9-53 Lands to which chapter applies
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This chapter shall apply to all lands located in the state, however owned, including any lands owned or administered by any government or any agency or political subdivision thereof, excepting only such land as shall be specifically exempted by federal statute. Source: SDC Supp 1…
SDCL § 45-9-54 Enforcement of chapter--Jurisdiction of board
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The Board of Minerals and Environment has jurisdiction and authority over all persons and property, public and private, necessary to enforce effectively the provisions of this chapter. Source: SL 1943, ch 153 , § 6; SDC Supp 1960, § 42.0706 (1); SDC Supp 1960, § 42.0706 (2) as en…
SDCL § 45-9-55 Investigations by board
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The Board of Minerals and Environment shall conduct investigations necessary to determine whether waste exists or is imminent or whether other facts exist that justify action by the board. Source: SL 1943, ch 153 , § 6; SDC Supp 1960, § 42.0706 (2); SDC Supp 1960, § 42.0706 (3) a…
SDCL § 45-9-56 Authority of board to act--Upon its own motion--Petition of interested person
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The Board of Minerals and Environment may act upon its own motion or upon the petition of any interested person. Source: SDC Supp 1960, § 42.0712 (6) as enacted by SL 1961, ch 211 , § 1.
SDCL § 45-9-57 SDCL 45-9-57
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Repealed by SL 2012, ch 212 , § 4.
SDCL § 45-9-58 Notice of hearing--Service by mail or publication--Proof of service
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The notice of a hearing on any application made pursuant to this chapter shall be served either by certified mail or by publication in a newspaper of general circulation in the county where the affected land, or some part thereof, is situated. The applicant shall give notice of a…
SDCL § 45-9-59 Witnesses--Production of books and records
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The Board of Minerals and Environment may summon witnesses, administer oaths, and require the production of records, books, and documents for examination at any hearing or investigation conducted by it. Source: SL 1943, ch 153 , § 8; SDC Supp 1960, § 42.0708 (1); SDC Supp 1960, §…
SDCL § 45-9-6 Testing of oil and gas wells
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Without limiting its general authority, the Board of Minerals and Environment may require, or may delegate to the secretary of agriculture and natural resources, specific authority to require the taking of tests of oil or gas wells. Source: SDC Supp 1960, § 42.0706 (4) (a) (4) as…
SDCL § 45-9-60 Noncompliance with subpoena--Refusal of witness to testify--Court order--Contempt
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If any person refuses to comply with the subpoena issued by the Board of Minerals and Environment, or if any witness refuses to testify to any matter on which the witness may be interrogated and which is pertinent to the hearing or investigation, any circuit court in the state, u…
SDCL § 45-9-61 Prior rules, regulations, and orders continued in force--Accrued penalties and liabilities not repealed
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All rules, regulations, or orders made pursuant to the statute in effect prior to July 1, 1961, shall, so far as consistent with this chapter, remain in full force and effect until modified, amended, or repealed by appropriate authority. Source: SDC Supp 1960, §§ 42.0717, 42.0718…
SDCL § 45-9-62 Repealed by SL 1993, ch 256 , § 49 45-9-63 Repealed by SL 2012, ch 212 , § 6
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45-9-64 Emergency order of board--Issuance without notice or hearing--Promulgation--Termination. 45-9-65 45-9-65 , 45-9-66. Repealed by SL 1993, ch 256 , §§ 51, 52 45-9-67 Appeal from rule, regulation, or order of board--Persons adversely affected--Procedure. 45-9-68 Violation of…
SDCL § 45-9-63 SDCL 45-9-63
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Repealed by SL 2012, ch 212 , § 6.
SDCL § 45-9-64 Emergency order of board--Issuance without notice or hearing--Promulgation--Termination
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When an emergency requiring immediate action is found to exist the Board of Minerals and Environment is authorized to issue an emergency order without notice or hearing, which shall be effective upon promulgation. No emergency order shall remain effective for more than fifteen da…
SDCL § 45-9-67 Appeal from rule, regulation, or order of board--Persons adversely affected--Procedure
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Any person adversely affected by any rule, regulation, or order of the Board of Minerals and Environment issued in pursuance to this chapter, may appeal therefrom by following the procedure set forth in chapter 1-26 . Source: SL 1943, ch 153 , §§ 9, 12; SDC Supp 1960, §§ 42.0709,…
Violation of law, rule, regulation, or order--Civil penalty--Liability for damages to environment
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Any person who violates any provision of this chapter, or any rule, regulation, or order of the Board of Minerals and Environment is subject to a civil penalty of not more than five hundred dollars for each act of violation and for each day that such violation continues, or is li…
SDCL § 45-9-69 Action by attorney general to recover civil penalties--Venue
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The penalties provided in § 45-9-68 shall be recoverable by suit filed by the attorney general in the name and on behalf of the State of South Dakota in the circuit court for the county in which the defendant resides, or if there be more than one defendant, in the circuit court f…
SDCL § 45-9-7 Separation of production from wells--Gaseous and liquid hydrocarbons--Measurement
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The Board of Minerals and Environment may require, or may delegate to the secretary, specific authority to require that the production from wells be separated into gaseous and liquid hydrocarbons, and that each be accurately measured by such means and upon such standards as may b…
SDCL § 45-9-70 Shutting down and sealing property or equipment by secretary for violation--Cancelation of lease or bond forfeiture
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The secretary of agriculture and natural resources, acting for the Board of Minerals and Environment, may shut down any operation and place under seal any property or equipment for failure to comply with the oil and gas law or rules, may enter upon any land and perform any operat…
SDCL § 45-9-71 Action for injunction--Service--Order
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If it appears that any person is violating or threatening to violate any provision of this chapter, or any rule or order of the Board of Minerals and Environment, and unless the board without litigation can effectively prevent violation or threat of violation, the board shall bri…
SDCL § 45-9-72 Failure of board to enjoin violation on request of person adversely affected--Action for injunction by affected person
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If the Board of Minerals and Environment fails to bring suit to enjoin a violation or threatened violation of any provision of this chapter, or any rule or order of the board within ten days after receipt of written request to do so by any person who is or will be adversely affec…
SDCL § 45-9-73 Procedure for issuance, suspension, revocation, and renewal of permits--Hearing--Uncontested recommendation
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The board, by rules adopted in compliance with chapter 1-26 , may provide for the issuance, suspension, revocation, and renewal of any permits required under this chapter. Procedures shall provide for a recommendation on such permit by the secretary with an opportunity for a cont…
SDCL § 45-9-74 Hearing on application for order under chapter--Notice--Contested case hearing--Procedure
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The Board of Minerals and Environment shall provide an opportunity for public hearing, through public notice, on any application made for an order under this chapter. The notice shall comply with the provisions of chapter 1-26 and indicate, unless a person files a petition reques…
SDCL § 45-9-8 Classification of wells
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Without limiting its general authority, the Board of Minerals and Environment may classify, or may delegate to the secretary of agriculture and natural resources, specific authority to classify wells as oil or gas wells for purposes material to the interpretation or enforcement o…
SDCL § 45-9-9 Metering or measuring of oil, gas, or product
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Without limiting its general authority, the Board of Minerals and Environment may require, or may delegate to the secretary of agriculture and natural resources, specific authority to require metering or other measuring of oil, gas, or product. Source: SDC Supp 1960, § 42.0706 (4…