Title 45 — MINING, OIL AND GAS

If the plan for unit operations has not been approved as required by § 45-9-40 at the time the order providing for unit operations is made, the Board of Minerals and Environment shall upon application and notice provide opportunity for supplemental hearings to determine if and wh…

If the persons owning the required percentage of interest in the unit area do not approve the plan for unit operations within a period of six months from the date on which the order providing for unit operations is made, such order shall be ineffective, and shall be revoked by th…

An order providing for unit operations may be amended by an order made by the Board of Minerals and Environment in the same manner and subject to the same conditions as an original order providing for unit operations under the following conditions: (1) If such an amendment affect…

The Board of Minerals and Environment, by an order, may provide for the unit operation of a pool or pools or parts thereof that embrace a unit area established by a previous order of the board. Such order, in providing for the allocation of unit production, shall first treat the …

An order may provide for unit operations on less than the whole of a pool where the unit area is of such size and shape as may be reasonably required for that purpose, and the conduct thereof will have no adverse effect upon other portions of the pool. Source: SDC Supp 1960, § 42…

All operations, including the commencement, drilling, or operation of a well upon any portion of the unit area are deemed for all purposes the conduct of such operations upon each separately owned tract in the area by the several owners of the tracts. The portion of the unit prod…

Operations conducted pursuant to an order of the Board of Minerals and Environment providing for unit operations shall constitute a fulfillment of all the express or implied obligations of each lease or contract covering lands in the unit area to the extent that compliance with s…

The portion of the unit production allocated to any tract, and the proceeds from the sale thereof, shall be the property and income of the several persons to whom, or to whose credit, the same are allocated or payable under the order providing for unit operations. Source: SDC Sup…

Except to the extent that the parties affected agree, no order providing for unit operations may be construed to result in a transfer of any part of the title of any person to the oil and gas rights in any tract in the unit area. Source: SDC Supp 1960, § 42.0710 (11) as enacted b…

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 identification of ownership of oil or gas wells, producing leases, tanks, plants, struct…

No division order or other contract relating to the sale or purchase of production from a separately owned tract may be terminated by the order providing for unit operations, but shall remain in force and apply to oil and gas allocated to the tract until terminated in accordance …

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…

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…

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…

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…

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…

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.

Repealed by SL 2012, ch 212 , § 4.

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…

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, §…

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…

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…

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…

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…

Repealed by SL 2012, ch 212 , § 6.

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…

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,…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…