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Terms Used In South Carolina Code 48-43-360

  • Department: means the South Carolina Department of Health and Environmental Control. See South Carolina Code 48-43-10
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Field: means the general area underlain by one or more pools. See South Carolina Code 48-43-10
  • Pool: means an underground reservoir containing a common accumulation of oil and gas or both; each zone of a structure that is completely separated from any other zone in the same structure is a pool. See South Carolina Code 48-43-10
  • Protect Correlative Rights: means that the action or regulation by the department should afford a reasonable opportunity to each person entitled thereto to recover or receive the oil or gas in his tract or tracts or the equivalent thereto, without being required to drill unnecessary wells or to incur other unnecessary expense to recover or receive such oil or gas or its equivalent. See South Carolina Code 48-43-10
  • Statute: A law passed by a legislature.
  • Waste: means and includes:

    (1) physical waste, as that term is generally understood in the oil and gas industry;

    (2) the inefficient, excessive, or improper use, or the unnecessary dissipation of, reservoir energy;

    (3) the inefficient storing of oil and gas;

    (4) the locating, drilling, equipping, operating, or producing of any oil or gas well in a manner that causes, or tends to cause, reduction in the quantity of oil or gas ultimately recoverable from a pool under prudent and proper operations, or that causes or tends to cause unnecessary or excessive surface loss or destruction or oil or gas;

    (5) the production of oil or gas in excess of

    (a) transportation or marketing facilities;

    (b) the amount reasonably required to be produced in the proper drilling, completing or testing of the well from which it is produced; or

    (c) oil or gas otherwise usefully utilized but gas produced from an oil well or condensate well pending the time when, with reasonable diligence, the gas can be sold or otherwise usefully utilized on terms and conditions that are just and reasonable shall not be considered waste if the production of such gas has been approved by order of the department;

    (6) underground or above ground waste in the production or storage of oil, gas, or condensate, however caused, and whether or not defined in other subdivisions hereof. See South Carolina Code 48-43-10
An agreement for the unit or cooperative development or operation of a field, pool or part thereof may be submitted to the department for approval as being in the public interest or reasonably necessary to prevent waste or protect correlative rights. Such approval shall constitute a complete defense to any suit charging violation of any statute of the State relating to trusts and monopolies on account thereof or on account of operations conducted pursuant thereto. The failure to submit such an agreement to the department for approval shall not for that reason imply or constitute evidence that the agreement or operations conducted pursuant thereto are in violation of laws relating to trusts and monopolies.