Title 78 — Title 78 MINES, MINERALS, AND PETROLEUM
10 chapters · 199 sections in this title.
RCW 78.52.001 Declaration of purpose.
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It is hereby declared to be in the public interest to foster, encourage, and promote the exploration, development, production, and utilization of oil and gas in the state in such manner as will prevent waste; to authorize and to provide for the operation and development of oil an…
RCW 78.52.010 Definitions.
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For the purposes of this chapter, unless the text otherwise requires, the following terms shall have the following meanings:(1) "Certificate of clearance" means a permit prescribed by the department for the transportation or the delivery of oil, gas, or product.(2) "Department" m…
RCW 78.52.025 Hearings and meetings of department.
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The department shall hold hearings or meetings at such times and places as may be found by the department to be necessary to carry out its duties. The department may establish its own rules for the conduct of public hearings or meetings consistent with other applicable law.[ 1994…
RCW 78.52.030 Employment of personnel.
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The department shall employ all personnel necessary to carry out the provisions of this chapter.[ 1994 sp.s. c 9 s 811; 1951 c 146 s 6.]Notes:Severability—Headings and captions not law—Effective date—1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
RCW 78.52.031 Conduct of hearings—Evidence.
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The department may subpoena witnesses, administer oaths, and require the production of records, books, and documents for examination at any hearing or investigation conducted by it. No person shall be excused from attending and testifying, or from producing books, papers, and rec…
RCW 78.52.032 Hearing examiners.
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In addition to the powers and authority, either express or implied, granted to the department by virtue of the laws of this state, the department may, in prescribing its rules of order or procedure in connection with hearings or other proceedings before the department, provide fo…
RCW 78.52.033 Failure of witness to attend or testify—Contempt.
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In case of failure or refusal on the part of any person to comply with a subpoena issued by the department or in case of the refusal of any witness to testify as to any matter regarding which the witness may be interrogated, any superior court in the state, upon the application o…
RCW 78.52.035 Attorney for department.
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The attorney general shall be the attorney for the department, but in cases of emergency, the department may call upon the prosecuting attorney of the county where the action is to be brought, or defended, to represent the department until such time as the attorney general may ta…
RCW 78.52.037 State oil and gas supervisor—Deputy supervisors—Employment of personnel.
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The department shall designate a state oil and gas supervisor who shall be charged with duties as may be delegated by the department. The department may designate one or more deputy supervisors and employ all personnel necessary including the appointment of examiners as provided …
RCW 78.52.040 Duty and powers of department—In general.
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The department shall administer and enforce the provisions of this chapter by the adoption of policies, and all rules, regulations, and orders promulgated hereunder, and the department has jurisdiction, power, and authority, over all persons and property, public and private, nece…
RCW 78.52.050 Rules, regulations, and orders—Time and place of hearing—Notices.
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The department may make such reasonable rules, regulations, and orders as may be necessary from time to time for the proper administration and enforcement of this chapter. Unless otherwise required by law or by this chapter or by rules of procedure made under this chapter, the de…
RCW 78.52.070 Hearing upon petition—Time for action.
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Any interested person shall have the right to have the department call a hearing for the purpose of taking action with respect to any matter within the jurisdiction of the department by filing a verified written petition therefor, which shall state in substance the matter and rea…
RCW 78.52.100 Records—Copies as evidence—Copies to be furnished.
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All rules, regulations, policies, and orders of the department, all petitions, copies of all notices and actions with affidavits of posting, mailing, or publications pertaining thereto, all findings of fact, and transcripts of all hearings shall be in writing and shall be entered…
RCW 78.52.120 Drilling permit required—Notice.
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Any person desiring or proposing to drill any well in search of oil or gas, before commencing the drilling of any such well, shall apply to the department upon such form as the department may prescribe, and shall pay to the state treasurer a fee of the following amounts for each …
RCW 78.52.125 Environmental impact statement required when drilling affects surface waters of the state—Drilling may be denied, when.
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Any person desiring or proposing to drill any well in search of oil or gas, when such drilling would be conducted through or under any surface waters of the state, shall prepare and submit an environmental impact statement upon such form as the department of ecology shall prescri…
RCW 78.52.130 Waste prohibited.
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Waste of oil and gas, as defined in this chapter, is prohibited.[ 1951 c 146 s 15.]
RCW 78.52.140 Carbon black and carbon products—Permit required.
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The use of gas from a well producing gas only, or from a well which is primarily a gas well, for the manufacture of carbon black or similar products predominantly carbon, is declared to constitute waste prima facie, and such gas well shall not be used for any such purpose unless …
RCW 78.52.150 Investigations authorized.
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The department shall make such investigations as it may deem proper to determine whether waste exists or is imminent or whether other facts exist which justify action by the department.[ 1994 sp.s. c 9 s 824; 1951 c 146 s 17.]Notes:Severability—Headings and captions not law—Effec…
RCW 78.52.155 Investigations—Powers and duties.
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(1) The department shall make investigations as necessary to carry out this chapter.(2) The department shall require:(a) Identification of ownership of oil or gas wells, producing leases, tanks, plants, structures, and facilities for the transportation or refining of oil or gas;(…
RCW 78.52.200 Development units authorized for known pools.
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When necessary to prevent waste, to avoid the drilling of unnecessary wells, or to protect correlative rights including those of royalty owners, the department, upon its own motion or upon application of interested persons, shall establish development units covering any known poo…
RCW 78.52.205 Development units to be prescribed for pool after discovery—Temporary development units.
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Within sixty days after the discovery of oil or gas in a pool not then covered by an order of the department, a hearing shall be held and the department shall issue an order prescribing development units for the pool. If sufficient geological or other scientific data from drillin…
RCW 78.52.210 Development units—Size and shape.
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(1) The size and the shape of any development units shall be such as will result in the efficient and economical development of the pool as a whole, and the size shall not be smaller than the maximum area that can be efficiently and economically drained by one well as determined …
RCW 78.52.220 Development units—Location of well.
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An order establishing development units for a pool shall specify the size and shape of each area and the location of the permitted well thereon in accordance with a reasonable uniform spacing plan. Upon application and after notice and a hearing, if the department finds that a we…
RCW 78.52.230 Development units—Order must cover entire pool—Modifications.
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An order establishing development units for a pool shall cover all lands determined or believed to be underlaid by such pool, and may be modified by the department from time to time to include additional areas determined to be underlaid by such pool. When the department determine…
RCW 78.52.240 Development units—Pooling of interests.
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When two or more separately-owned tracts are embraced within a development unit, or when there are separately owned interests in all or a part of the development unit, then the owners and lessees thereof may pool their interests for the development and operation of the developmen…
RCW 78.52.245 Pooling order—Allocation of production.
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A pooling order shall be upon terms and conditions that are fair and reasonable and that afford to each owner and royalty owner his or her fair and reasonable share of production. Production shall be allocated as follows:(1) For the purpose of determining the portions of producti…
RCW 78.52.250 Pooled interests in well in development unit—Allocation of costs—Rights of owners.
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(1) Each such pooling order shall make provision for the drilling and operation of a well on the development unit, and for the payment of the reasonable actual cost thereof by the owners of interests required to pay such costs in the development unit, plus a reasonable charge for…
RCW 78.52.253 Pooling agreement, offer to pool, pooling order—Fairness to nonconsenting, unleased owners.
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A pooling agreement, offer to pool, or pooling order is not considered fair and reasonable as applied to nonconsenting, unleased owners only, if it provides for an operating agreement containing any of the following provisions:(1) Preferential right of the operator to purchase mi…
RCW 78.52.255 Operations on development unit deemed operations on each tract—Production allocated to tract deemed produced from each tract—Shut-in well considered on each tract—Lease on part of tract excluded from unit.
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(1) Operations incident to the drilling of a well upon any portion of a development unit covered by a pooling order shall be deemed, for all purposes, the conduct of such operations upon each separately-owned tract in the development unit by the several owners thereof. That porti…
RCW 78.52.257 Dissolution of pooling order—Interests covered by terminated lease—Modification or termination of pooling order—Extension of dissolution of pooling order.
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(1) An order pooling a development unit shall automatically dissolve:(a) One year after its effective date if there has been no production of commercial quantities or drilling operations on lands within the unit;(b) Six months after completion of a dry hole on the unit; or(c) Six…
RCW 78.52.260 "Wildcat" or "exploratory" well data confidential.
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Whenever the department requires the making and filing of well logs, directional surveys, or reports on the drilling of, subsurface conditions found in, or reports with respect to the substance produced, or capable of being produced from, a "wildcat" or "exploratory" well, as tho…
RCW 78.52.270 Limitation of production to "oil allowable"—Proration.
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Whenever the total amount of oil which all of the pools in this state can currently produce in accordance with good operating practices, exceeds the amount reasonably required to meet the reasonable market demand, the department shall limit the oil which may be currently produced…
RCW 78.52.280 Determining market demand—No undue discrimination in proration of "allowable."
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The department shall not be required to determine the reasonable market demand applicable to any single pool of oil except in relation to all pools producing oil of similar kind and quality and in relation to the reasonable market demand. The department shall prorate the "allowab…
RCW 78.52.290 Limitation of production to "gas allowable"—Proration.
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Whenever the total amount of gas which all of the pools in this state can currently produce in accordance with good operating practice exceeds the amount reasonably required to meet the reasonable market demand, the department shall limit the gas which may be currently produced t…
RCW 78.52.300 Limitation of gas production from one pool.
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Whenever the total amount of gas which may be currently produced from all of the pools in this state has not been limited as hereinabove provided, and the available production from any one pool containing gas only is in excess of the reasonable market demand or available transpor…
RCW 78.52.310 Proration of allowable production in pool—Publication of orders—Emergency orders.
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Whenever the department limits the total amount of oil or gas which may be produced from any pool to an amount less than that which the pool could produce if no restrictions were imposed (whether incidental to, or without, a limitation of the total amount of oil which may be prod…
RCW 78.52.320 Compliance with limitation or proration required.
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Whenever the production of oil or gas in this state or any pool therein is limited and the "oil allowable" or "gas allowable" is established and prorated by the department as provided in RCW 78.52.310, no person shall thereafter produce from any well, pool, lease, or property mor…
RCW 78.52.330 Unit operation of separately owned tracts.
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To assist in the development of oil and gas in this state and to further the purposes of this chapter, the persons owning interests in separate tracts of land, may validly agree to integrate their interests and manage, operate, and develop their land as a unit, subject to the app…
RCW 78.52.335 Unit operation of pools.
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(1) The department shall upon the application of any interested person, or upon its own motion, hold a hearing to consider the need for the operation as a unit of one or more pools or parts of them in a field.(2) The department may enter an order providing for the unit operations…
RCW 78.52.345 Ratable purchase of oil from owners or operators of pool required.
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Each person now or hereafter purchasing or taking for transportation oil from any owner or producer shall purchase or take ratably without discrimination in favor of any owner or operator over any other owner or producer in the same pool offering to sell his or her oil produced t…
RCW 78.52.355 Ratable purchase of gas from owners or operators of pool required.
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Each person now or hereafter purchasing or taking for transportation gas produced from gas wells or from oil wells from any owner or operator shall purchase or take ratably without discrimination in favor of any owner or operator, over any other owner or operator in a pool. The p…
RCW 78.52.365 Enforcement of RCW 78.52.345 and 78.52.355.
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The department may administer and enforce RCW 78.52.345 and 78.52.355 in accordance with the procedures in this chapter for its enforcement and with the rules and orders of the department.[ 1994 sp.s. c 9 s 844; 1983 c 253 s 26.]Notes:Severability—Headings and captions not law—Ef…
RCW 78.52.450 Participation of public lands in unit plan.
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The commissioner of public lands, or other officer or board having the control and management of state land, and the proper board or officer of any political, municipal, or other subdivision or agency of the state having control and management of public lands, may, on behalf of t…
RCW 78.52.460 Unit plan not deemed monopolistic.
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No plan for the operation of a field or pool of oil or gas as a unit, either whole or in part, created or approved by the department under this chapter may be held to violate any of the statutes of this state prohibiting monopolies or acts, arrangements, agreements, contracts, co…
RCW 78.52.463 Suspension of operations for violation—Notice—Order—Hearing—Stay of order.
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(1) Any operation or activity that is in violation of applicable laws, rules, orders, or permit conditions is subject to suspension by order of the department. The order may suspend the operations authorized in the permit in whole or in part. The order may be issued only after th…
RCW 78.52.467 Illegal oil, gas, or product—Sale, purchase, etc., prohibited—Seizure and sale—Deposit of proceeds.
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(1) The sale, purchase, acquisition, transportation, refining, processing, or handling of illegal oil, gas, or product is prohibited. However, no penalty by way of fine may be imposed upon a person who sells, purchases, acquires, transports, refines, processes, or handles illegal…
RCW 78.52.470 Objections to order—Hearing required—Modification of order.
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Any person adversely affected by any order of the department may, within thirty days from the effective date of such order, apply for a hearing with respect to any matter determined therein. No cause for action arising out of any order of the department accrues in any court to an…
RCW 78.52.480 Appeal from order or decision—Rights of department.
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In proceedings for review of an order or decision of the department, the department shall be a party to the proceedings and shall have all rights and privileges granted by this chapter to any other party to such proceedings.[ 1994 sp.s. c 9 s 849; 1983 c 253 s 28; 1951 c 146 s 51…
RCW 78.52.490 Appeal—How taken.
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Within thirty days after the application for a hearing is denied, or if the application is granted, then within thirty days after the rendition of the decision on the hearing, the applicant may apply to the superior court, at the petitioner's option, for (a) Thurston county, (b) …
RCW 78.52.530 Violations—Injunctions.
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Whenever it shall appear that any person is violating any provisions of this chapter, or any rule, regulation, or order made by the department under this chapter, and if the department cannot, without litigation, effectively prevent further violation, the department may bring sui…