§ 45-9-1 Purpose of chapter–Development of oil and gas resources
§ 45-9-1.1 Functions of environment and natural resources board transferred to Board of Minerals and Environment
§ 45-9-2 Definition of terms
§ 45-9-3 Waste of oil and gas prohibited–Production of gas in conjunction with water excluded from coverage of chapter
§ 45-9-4 Application to drill oil or gas well–Permit–Rules and regulations of board–Fee, disposition–Agreement with surface owner
§ 45-9-5 Identification of ownership of facilities for producing oil or gas
§ 45-9-6 Testing of oil and gas wells
§ 45-9-7 Separation of production from wells–Gaseous and liquid hydrocarbons–Measurement
§ 45-9-8 Classification of wells
§ 45-9-9 Metering or measuring of oil, gas, or product
§ 45-9-10 Operation of wells with inefficient gas-oil or water-oil ratios
§ 45-9-11 Operations for production of oil or gas, regulation by board
§ 45-9-12 Production of oil and gas from field, pool, or area where physical waste created
§ 45-9-13 Administration of chapter by board–Rules and orders to prevent waste, protect correlative rights and govern procedure before board
§ 45-9-14 Prevention of oil or gas escape, intrusion of water, pollution of fresh-water supplies, and blowouts, cavings, seepages, and fires
§ 45-9-15 Plugging and performance bond for wells–Amount–Conditions
§ 45-9-15.2 Application date of bond requirements
§ 45-9-15.3 Supplemental plugging and performance bond–Idle wells–Amount
§ 45-9-16 Recordkeeping by producers, handlers, and processors of the quantities of oil or gas–Examination
§ 45-9-17 Reports or plats–Filing with board
§ 45-9-18 Mechanical well logs, surveys and reports on well location, drilling, and production–Samples, core chips, and complete cores–Filing–Exploratory wells
§ 45-9-19 False representations as perjury–Drilling without permit as misdemeanor
§ 45-9-20 Spacing units for a pool–Purposes–Establishment by board–Exception
§ 45-9-21 Spacing units for a pool–Size and shape, establishment by board, modifications and exceptions
§ 45-9-22 Spacing units to be sized and shaped for efficient development of pool–Minimum size
§ 45-9-23 Spacing units for a pool–Production limited by waste–Order of board establishing, contents
§ 45-9-24 Spacing units of different sizes or shapes–Adjustment of allowable production
§ 45-9-25 Hearing to establish spacing units–Establishment of temporary spacing units by board pending determination of ultimate spacing period
§ 45-9-26 Order establishing spacing units for a pool–Size and shape of each unit–Location of permitted well–Exception for wells drilled or drilling at time of application
§ 45-9-27 Drilling of well at other than prescribed location when authorized by secretary
§ 45-9-28 Scope of order establishing spacing units for a pool–Modification–Inclusion of additional area–Exclusion of land not underlaid by pool
§ 45-9-29 Order establishing spacing units–Modification to prevent waste, avoidance of unnecessary wells, or to protect correlative rights
§ 45-9-30 Two or more separately owned tracts or interests embraced within spacing unit–Pooling of interests
§ 45-9-31 Order pooling all interests in spacing unit–Application by interested person–Notice and hearing–Terms and conditions
§ 45-9-32 Operation of well–Rights of owners to participate–Payment of expenses
§ 45-9-33 Alternative rights of owners–Surrender of leasehold interest to participating owners–Participation on a limited basis
§ 45-9-34 Spacing unit covered by pooling order–Definition of terms–Operations incident to the drilling of a well–Portion of production allocated to each tract
§ 45-9-35 Rights of owners operating well or paying costs for benefit of another under pooling order–Share of production–Determination of costs by board
§ 45-9-36 Well completed prior to pooling of interest in spacing unit–Sharing of production–Calculation of costs
§ 45-9-37 Operation as unit of one or more pools–Consideration of need–Hearing
§ 45-9-38 Findings of board requiring order for unit operation of a pool
§ 45-9-39 Order of board for unit operation of a pool–Terms and conditions–Prescribing plan of operation–Essential elements of plan
§ 45-9-40 Order of board for unit operation of a pool–Not effective until approved by persons responsible for operating costs
§ 45-9-41 Supplemental hearing on approval of plan for unit operation
§ 45-9-42 Order of board for unit operation of a pool–Revocation when not approved by persons owning required percentage of interest
§ 45-9-43 Amendment of order for unit operations–Conditions
§ 45-9-44 Order of board for unit operation of a pool embraced in unit area established by prior order–Allocation of production
§ 45-9-45 Order of Board of Minerals and Environment for unit operation on less than whole of a pool–Size and shape of unit area
§ 45-9-46 Operation of well upon unit area–Unit of production allocated to separately owned tract
§ 45-9-47 Order of board for unit operation–Express or implied obligations of contract covering land in unit area, fulfillment by conducting operations under order
§ 45-9-48 Order of Board of Minerals and Environment for unit operation–Ownership of portion of production allocated and proceeds of sale
§ 45-9-49 Order for unit operations does not transfer title
§ 45-9-50 Contract for sale or purchase of production from separately owned tract not terminated
§ 45-9-51 Rights of owners within unit area to property acquired in conduct of unit operation
§ 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
§ 45-9-53 Lands to which chapter applies
§ 45-9-54 Enforcement of chapter–Jurisdiction of board
§ 45-9-55 Investigations by board
§ 45-9-56 Authority of board to act–Upon its own motion–Petition of interested person
§ 45-9-58 Notice of hearing–Service by mail or publication–Proof of service
§ 45-9-59 Witnesses–Production of books and records
§ 45-9-60 Noncompliance with subpoena–Refusal of witness to testify–Court order–Contempt
§ 45-9-61 Prior rules, regulations, and orders continued in force–Accrued penalties and liabilities not repealed
§ 45-9-64 Emergency order of board–Issuance without notice or hearing–Promulgation–Termination
§ 45-9-67 Appeal from rule, regulation, or order of board–Persons adversely affected–Procedure
§ 45-9-68 Violation of law, rule, regulation, or order–Civil penalty–Liability for damages to environment
§ 45-9-69 Action by attorney general to recover civil penalties–Venue
§ 45-9-70 Shutting down and sealing property or equipment by secretary for violation–Cancelation of lease or bond forfeiture
§ 45-9-71 Action for injunction–Service–Order
§ 45-9-72 Failure of board to enjoin violation on request of person adversely affected–Action for injunction by affected person
§ 45-9-73 Procedure for issuance, suspension, revocation, and renewal of permits–Hearing–Uncontested recommendation
§ 45-9-74 Hearing on application for order under chapter–Notice–Contested case hearing–Procedure
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Terms Used In South Dakota Codified Laws > Title 45 > Chapter 9 - Oil and Gas Conservation

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • 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.
  • Fiduciary: A trustee, executor, or administrator.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
  • Property: includes property, real and personal. See South Dakota Codified Laws 2-14-2
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Seal: includes an impression of the seal upon the paper alone, as well as upon wax or a wafer affixed to the paper, and also the word "seal" written or printed on such paper. See South Dakota Codified Laws 2-14-2
  • Statute: A law passed by a legislature.
  • Subpoena: A command to a witness to appear and give testimony.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Trustee: A person or institution holding and administering property in trust.
  • written: include typewriting and typewritten, printing and printed, except in the case of signatures, and where the words are used by way of contrast to typewriting and printing. See South Dakota Codified Laws 2-14-2