A.R.S. § 27-308 — Arizona Code / Title 27 / Chapter 3 / Article 1 / Section 308
27-308 Complaint to inspector of dangerous conditions by employee; inspection
Status: in_force

27-308. Complaint to inspector of dangerous conditions by employee; inspection

When the inspector receives a complaint in writing signed by a person employed in an operation, stating that the operation in which he is working or part of it is being operated contrary to law or is dangerous to the health or lives of persons employed therein, and setting forth when the danger was first observed, the inspector shall examine the operation as soon as possible. The name of the person making the complaint shall not be disclosed by the inspector unless permission is expressly granted by the person. The complaint shall be indexed and filed by the inspector.
A.R.S. § 27-1025 — Arizona Code / Title 27 / Chapter 5 / Article 6 / Section 1025
27-1025 Agency order; appeal
Status: in_force

27-1025. Agency order; appeal

A. An order issued by the state mine inspector pursuant to this article is final unless the defendant requests a hearing pursuant to title 41, chapter 6, article 10 within thirty days after receiving the order.

B. Except as provided in section 41-1092.08, subsection H, a final agency order is subject to judicial review pursuant to title 12, chapter 7, article 6.
A.R.S. § 27-302 — Arizona Code / Title 27 / Chapter 3 / Article 1 / Section 302
27-302 Operations subject to chapter; enforcement by inspector; violation; classification
Status: in_force

27-302. Operations subject to chapter; enforcement by inspector; violation; classification

A. All operations shall be subject to the provisions of this chapter unless specifically exempted from a particular provision by its terms.

B. The inspector shall enforce this chapter at all operations.

C. Any operator or other person violating any provision of this chapter is guilty of a petty offense unless other penalties are specifically prescribed in this chapter.
A.R.S. § 27-991 — Arizona Code / Title 27 / Chapter 5 / Article 5 / Section 991
27-991 Financial assurance requirements; form
Status: in_force

27-991. Financial assurance requirements; form

A. Beginning April 1, 1997, as required by this chapter, owners and operators of exploration operations and mining units who create surface disturbances shall provide financial assurance mechanisms to the inspector as provided by this article.

B. Allowable financial assurance mechanisms for purposes of this article include any or a combination of the following:

1. Surety bond.

2. Certificate of deposit.

3. Trust fund with pay-in period.

4. Letter of credit.

5. Insurance policy.

6. Certificate of self-insurance.

7. Cash deposit with the state treasurer.

8. Evidence of ability to meet a corporate financial test or corporate guarantees as provided by 40 Code of Federal Regulations section 264.143(f).

9. Annuities.

10. Additional financial assurance mechanisms that are acceptable to the inspector.
A.R.S. § 27-901 — Arizona Code / Title 27 / Chapter 5 / Article 1 / Section 901
27-901 Definitions
Status: in_force

27-901. Definitions

In this chapter, unless the context otherwise requires:

1. "Division" means the division of mined land reclamation in the office of the state mine inspector.

2. "Existing exploration operation" means an exploration operation that is ongoing as of July 1, 1996.

3. "Existing mining unit" means a mining unit, other than a new mining unit, that continued operations after January 1, 1986.

4. "Exploration operations" means activities that create surface disturbances outside a mining facility and that are conducted to determine the presence, location, extent, depth or grade of minerals, including constructing access roads and drill pads.

5. "Inactive mining unit" means a mining unit that has not been operated after January 1, 1986 and for which there is a current identifiable owner or operator other than the federal or state government.

6. "Inspector" means the state mine inspector.

7. "Maintenance" means an activity to preserve or repair the function of previously disturbed land, including grading roads, repairing berms or dams and dredging sedimentation basins.

8. "Mineral" means any metalliferous material extracted from the earth, including gold, silver, copper, molybdenum, zinc and lead and other materials that are used as feedstocks in producing metalliferous materials.

9. "Mining facility" means property that is owned, operated or managed by the same person to develop, mine, concentrate or leach minerals and associated mineral recovery activities but does not include smelting, refining, fabricating or other metal processing facilities and materials associated with those facilities. Property that is not contiguous but is within the same geographical area and operated as a single mining complex is considered to be a single mining facility.

10. "Mining unit" means an individual portion of a mining facility that encompasses one or more surface disturbances.

11. "New exploration operation" means an exploration operation that begins after the effective date of the initial rules adopted pursuant to this chapter.

12. "New mining unit" means a mining unit at which surface disturbances begin after the effective date of the initial rules adopted pursuant to this chapter.

13. "Reclamation" means measures that are taken on surface disturbances at exploration operations and mining units to achieve stability and safety consistent with post-mining land use objectives specified in the reclamation plan.

14. "Soil" means topsoil, suitable substrata or other plant growth media that will sustain vegetation.

15. "Stability" means the condition of land with respect to its erosion potential and ability to withstand seismic activity.

16. "Surface disturbance" means clearing, covering or moving land by means of mechanized earth-moving equipment for mineral exploration, development and production purposes but does not include surveying, assessment and location work, seismic work, maintenance and other such activities that create a de minimis disturbance.
A.R.S. § 27-1231 — Arizona Code / Title 27 / Chapter 6 / Article 2 / Section 1231
27-1231 Public disclosure of information; definition
Status: in_force

27-1231. Public disclosure of information; definition

A. The state mine inspector shall make available to the public any records, reports or information obtained or prepared by the inspector, unless a notice accompanying the information or any part of the information states that the information is a trade secret or is otherwise confidential to the party's competitive position.

B. If the inspector, on the inspector's initiative or following a request for disclosure, disagrees with the trade secret or confidential notice, the inspector may request the attorney general to seek a court order authorizing disclosure.  If a court order is sought, the party shall be served with a copy of the court filing and has twenty business days from the date of service to request a hearing on whether a court order should be issued.  The hearing shall be conducted in camera, and any order resulting from the hearing is appealable as provided by law.  The inspector may not disclose the confidential information until a court order authorizing disclosure has been obtained and becomes final.  The court may award costs of litigation, including reasonable attorney and expert witness fees, to the prevailing party.

C. The inspector shall make available to the public the following information obtained from any person pursuant to this chapter:

1. The name and address of any plan applicant.

2. The proposed postaggregate mining land use or uses.

3. A general description of the proposed reclamation measures.

D. The inspector may disclose, with an accompanying confidentiality notice, any records, reports or information obtained by the inspector or employees of the division of mined land reclamation to:

1. Other state employees concerned with administering this chapter or if the records, reports or information is relevant to any administrative or judicial proceeding under this chapter.

2. Employees of the United States environmental protection agency if the information is necessary or required to administer and implement or comply with federal statutes or regulations.

E. For the purposes of this section, "trade secret" means information to which all of the following apply:

1. A person has taken reasonable measures to protect the information from disclosure and the person intends to continue to take those measures.

2. The information is not and has not been reasonably obtainable by legitimate means by other persons without the person's consent, other than by governmental entities and other than in discovery based on a showing of special need in a judicial or quasijudicial proceeding.

3. A statute does not specifically require disclosure of the information to the public.

4. The person has satisfactorily shown that disclosure of the information is likely to cause substantial harm to the person's competitive position.
A.R.S. § 27-1255 — Arizona Code / Title 27 / Chapter 6 / Article 3 / Section 1255
27-1255 Annual renewal
Status: in_force

27-1255. Annual renewal

A reclamation plan for exploration operations is renewable annually on:

1. Modification of the plan to address types of surface disturbances that will be conducted during exploration operations but that have not been previously addressed in the reclamation plan.

2. Submission of any additional financial assurance, if necessary.
A.R.S. § 27-1026 — Arizona Code / Title 27 / Chapter 5 / Article 6 / Section 1026
27-1026 Violation; classification
Status: in_force

27-1026. Violation; classification

A. Beginning April 1, 1997, an owner or operator of an exploration operation or mining unit shall not:

1. Cause a surface disturbance at an exploration operation or mining unit in violation of this chapter.

2. Fail or refuse to conduct reclamation according to the terms of a reclamation plan authorized by this chapter.

B. A person who violates this section is guilty of a class 2 misdemeanor.
A.R.S. § 27-932 — Arizona Code / Title 27 / Chapter 5 / Article 2 / Section 932
27-932 Coordination with other governmental agencies
Status: in_force

27-932. Coordination with other governmental agencies

A. The state mine inspector shall coordinate the review and approval of reclamation plans with the state land department, the United States bureau of land management, the United States forest service and other agencies that manage public lands on which exploration operations or mining facilities are located, within the respective jurisdictions, through memoranda of agreement or cooperative agreements that designate a lead agency for reclamation plan review and action. This coordination is intended to avoid duplication of efforts to inspect exploration operations and mining facilities and review and enforce reclamation plans. The memoranda of agreement shall also provide that no financial assurance may be required under this article that will duplicate financial assurances required under any other law or agreement.

B. If an exploration operation or a mining unit is located on land administered by a federal agency, an approved federal reclamation plan and a financial assurance mechanism for the federal land that are consistent with the requirements of this chapter supersede the requirements for a reclamation plan and financial assurance mechanism otherwise required by this chapter.
A.R.S. § 27-1226 — Arizona Code / Title 27 / Chapter 6 / Article 2 / Section 1226
27-1226 Initiation, extension and completion of reclamation
Status: in_force

27-1226. Initiation, extension and completion of reclamation

A. Beginning January 1, 2007, if a surface disturbance cannot be practicably reclaimed concurrently with an exploration operation or at an aggregate mining unit, reclamation shall be initiated:

1. Within one year after completing the exploration operation or aggregate mining unit.

2. Within one year after cessation of aggregate mining activity.

3. As required by applicable federal law.

B. The state mine inspector shall extend the period in which to initiate reclamation under subsection A, with up to three subsequent five year extensions, if the owner or operator of an exploration operation or aggregate mining unit demonstrates a reasonable likelihood that the project or operation will resume, based on a consideration of factors, including:

1. The presence of additional aggregate being mined or other commodities in commerce.

2. Historical fluctuations in the value of the commodity being mined or other commodities present if they can be mined using the same disturbances.

3. Changing market conditions and demand for the commodity being mined.

4. The design life of any process components existing at an aggregate mining unit.

C. Once initiated, the final reclamation measures shall be performed as stated in the approved reclamation plan unless the exploration operation or aggregate mining unit is reactivated.
A.R.S. § 27-554 — Arizona Code / Title 27 / Chapter 4 / Article 2 / Section 554
27-554 Designation of known geological structures of producing oil and gas fields
Status: in_force

27-554. Designation of known geological structures of producing oil and gas fields

A. The department shall from time to time determine and designate the known geological structures of producing oil and gas fields. The determinations and designations shall be published twice in a newspaper of general circulation in the state, the last publication to be not less than five days from the first date of publication. The determinations and designations shall become effective from the date of first publication. Until such a determination and designation is made by the department, all state lands shall be deemed located not within any known geological structure of a producing oil and gas field.

B. The department may refuse to lease any state lands for oil and gas when the lands are being used by the state or any state department for a state purpose.
A.R.S. § 27-412 — Arizona Code / Title 27 / Chapter 3 / Article 4 / Section 412
27-412 Dust control
Status: in_force

27-412. Dust control

A. Every operator shall do everything reasonably within his power to encourage good practices in the use of any appliances for allaying dust. Each employee shall use such devices as are furnished by the operator. Employees shall not be allowed to work in hazardous dust or gas concentrations without approved respiratory and eye protection.

B. In every operation where employees are exposed to hazardous dust conditions, some mechanical or other means which will alleviate this condition shall be used whenever and wherever practical.

C. In dry places where the operation of a power drill produces dust, such dust shall be controlled either by wet drilling, spraying, or approved dust catching devices.
A.R.S. § 27-313 — Arizona Code / Title 27 / Chapter 3 / Article 1 / Section 313
27-313 Machinery
Status: in_force

27-313. Machinery

A. All moving parts of machinery to which workmen may be exposed shall be adequately guarded. Guards shall conform to the standards set forth in the rules.

B. A guard or safety device necessary for safe operation which has been removed from any machine shall be replaced before the machine is returned to productive operation.
A.R.S. § 27-562 — Arizona Code / Title 27 / Chapter 4 / Article 2 / Section 562
27-562 Surrender
Status: in_force

27-562. Surrender

A lessee may surrender any part or all of the lands covered by the lease at any time upon payment to the department of all amounts then due as to the lands surrendered, but no refund of any part of the cash consideration or rental theretofore paid shall be made to the lessee upon such surrender.
A.R.S. § 27-364 — Arizona Code / Title 27 / Chapter 3 / Article 3 / Section 364
27-364 Interfering with equipment
Status: in_force

27-364. Interfering with equipment

No person shall knowingly:

1. Injure or destroy any equipment or machinery of a mine, nor, unless authorized so to do, obstruct, open, close or change the position of a ventilation door, brattice, or airway, or handle or disturb any part of the machinery of the hoisting engine of the mine.

2. Open the door of a mine and neglect to close it.

3. Endanger the mine or those working therein.

4. Disobey a lawful order, or do a wilful act whereby the lives, safety or health of persons working in a mine, the security of a mine, or the machinery connected therewith, is endangered.
A.R.S. § 27-1203.01 — Arizona Code / Title 27 / Chapter 6 / Article 1 / Section 1203.01
27-1203.01 Exemption for limited, intermittent-use projects
Status: in_force

27-1203.01. Exemption for limited, intermittent-use projects

A. The regulatory and reclamation provisions of this chapter do not apply to an aggregate mining unit that is intermittently used for specific governmental projects if it meets all of the following conditions:

1. The aggregate mining unit consists of:

(a) A surface disturbance of not more than twenty contiguous acres.

(b) A single pit of not more than ten acres.

2. The aggregate mining unit is subject to the requirements of the clean water act (33 United States Code chapter 26).

3. The depth of excavation will not exceed twenty-five feet below the lowest existing surface elevation.

4. The aggregate material removed from the excavation is used solely for governmental projects and not for any private commercial purpose.

5. At the end of the specific project use, the unit will be reclaimed in a manner consistent with the requirements of the owner of the land and all safety conditions prescribed by law.

B. This section does not supersede the requirements of a flood control district to maintain the stability and the flood carrying capacity of the floodplain.

C. This section does not apply to aggregate mining units that are within the exterior boundaries of an incorporated city or town or that are in an unincorporated area of a county that is surrounded on all sides by one or more incorporated cities or towns.
A.R.S. § 27-442 — Arizona Code / Title 27 / Chapter 3 / Article 6 / Section 442
27-442 Aggregate mining operations; community notice; application
Status: in_force

27-442. Aggregate mining operations; community notice; application

A. An owner or operator of an aggregate mining operation shall not conduct any aggregate mining until it has an approved community notice pursuant to section 27-445, except that an owner or operator of an existing aggregate mining operation may continue the operation if a community notice is filed as provided by subsection H of this section.

B. An owner or operator of an aggregate mining operation shall not undertake a major modification of an approved community notice until a major modification application is approved by the state mine inspector pursuant to section 27-445.

C. The owner or operator of a new aggregate mining operation shall file an application for a community notice with the inspector containing:

1. The name and mailing address of the aggregate mining operation.

2. The name and mailing address of the owner or operator of the operation.

3. The name, mailing address and telephone number of the designated community representative or representatives for the operation.

4. A statement describing the mining activities to be conducted at the operation.

5. The amount of acreage of the operation and a map showing the location of the major process facilities.

6. Each type of major equipment to be used in the operation.

7. The approximate date when the operation will start.

8. A description and location of access routes to be used to and from the operation site during normal hours and nonemergency conditions.

9. The normal operating hours of the operation to be maintained during nonemergency conditions, unless the inspector authorizes a temporary variance from normal operating hours.

10. A description of measures the owner or operator will use to moderate, to the extent economically practicable at the site, any adverse physical effects on the residential property owners who are notified pursuant to section 27-444.

D. An owner or operator who owns or leases the land of the operation may submit a joint application for a community notice with one or more lessees or sublessees who are also operating an aggregate mining operation on the same property.  A joint application for a community notice must separately list the information required pursuant to subsection C of this section by each owner or operator of an aggregate mining operation. Owners or operators of aggregate mining operations who received approval for a joint application for a community notice may also file a joint application on that approved community notice for major and minor modifications.

E. The owner or operator may propose a major or minor modification by filing an application with the inspector containing the text of the community notice with the proposed changes noted in the text.

F. Within fourteen days after receiving an application for a community notice for a new aggregate mining operation or major modification, the inspector shall notify the applicant if the community notice application contains the information required by subsection C of this section or if the major modification application is complete pursuant to subsection E of this section.  If the inspector fails to notify the applicant within fourteen days, the application is considered to be complete.

G. The owner or operator must file an application for a minor modification to an approved community notice with the state mine inspector. Minor modifications take effect on filing, unless a later effective date is designated in the application.  Applications for minor modifications are not subject to sections 27-443, 27-444 and 27-445.

H. For purposes of having an approved community notice, within ninety days after an aggregate mining operations zoning district is established pursuant to section 11-812, the owner or operator of an existing aggregate mining operation must file with the state mine inspector a community notice, which is not subject to sections 27-443 and 27-444. The community notice shall contain all the information required by subsection C of this section, except paragraph 7, for its aggregate mining operation. Owners or operators of existing aggregate mining operations may submit a joint application for a community notice pursuant to subsection D of this section.
A.R.S. § 27-210 — Arizona Code / Title 27 / Chapter 2 / Article 1 / Section 210
27-210 Existing claims
Status: in_force

27-210. Existing claims

A. The owner of an unpatented lode, placer or millsite claim existing on the effective date of this section may on or before October 21, 1980, file a map, plat or sketch of such claim conforming to the requirements of section 27-203, subsections B and C which shall also recite the book and page of recording of the location notice and any amendments to the location notice. The owner of a group of claims may file a single plat or map for any claims having the point of posting of the location notice within the same section of the public land survey system.

B. The county recorder shall receive as fees fifty cents per claim for recording such a map, plat or sketch under this section and shall index such claims by the name of the claim in the index of claims by cadastral subdivisions of the United States bureau of land management or general land office.

C. The recording of a claim in compliance with this section shall constitute constructive notice to the public of the position of such claim after the date of recording and shall constitute a rebuttable presumption that the claim was monumented on the ground so that its boundaries could be readily traced.
A.R.S. § 27-1235 — Arizona Code / Title 27 / Chapter 6 / Article 2 / Section 1235
27-1235 Appeals
Status: in_force

27-1235. Appeals

A person may appeal a state mine inspector action taken pursuant to this chapter as provided in title 41, chapter 6, article 10.
A.R.S. § 27-1021 — Arizona Code / Title 27 / Chapter 5 / Article 6 / Section 1021
27-1021 Inspections
Status: in_force

27-1021. Inspections

Beginning April 1, 1997, the state mine inspector may enter and inspect, during normal business hours, any exploration operation or mining facility that is subject to this chapter to determine compliance with this chapter. The inspector shall give the owner or operator the opportunity to have its representative accompany the inspector. Within thirty days after the date of the inspection, the division of mined land reclamation shall provide to the owner or operator a copy of any inspection report produced as a result of any inspection of the exploration operation or mining facility.
A.R.S. § 27-445 — Arizona Code / Title 27 / Chapter 3 / Article 6 / Section 445
27-445 Approval of community notice or major modification
Status: in_force

27-445. Approval of community notice or major modification

A. The state mine inspector shall approve or disapprove a community notice for a new aggregate mining operation or major modification within sixty days after the notice is filed by the owner or operator of the aggregate mining operation.

B. The inspector shall approve the community notice for a new aggregate mining operation or a major modification if:

1. The notice filed with the inspector contains the information required by section 27-442, subsection C or the major modification filed with the inspector is complete pursuant to section 27-442, subsection E.

2. The fee prescribed in section 27-443 is paid.

3. The community notice or major modification filed with the inspector is mailed to property owners as required by section 27-444, subsection A.

4. The designated community representative attends and responds to questions if a public meeting is held pursuant to section 27-444, subsections B and C.

C. If the inspector disapproves a community notice or major modification, the inspector must include with the disapproval a written explanation stating the reasons for denial, including recommendations for correcting the unacceptable parts of the community notice or major modification.

D. Community notices for existing aggregate mining operations filed pursuant to section 27-442, subsection H are considered to be approved on submission to the inspector.

E. The owner or operator of any aggregate mining operation shall operate according to an approved original or modified community notice.
A.R.S. § 27-533 — Arizona Code / Title 27 / Chapter 4 / Article 1.1 / Section 533
27-533 Ratification or approval of plan by lessees and owners
Status: in_force

27-533. Ratification or approval of plan by lessees and owners

A. No order of the commission creating a unit and prescribing the plan of unitization applicable thereto shall become effective unless and until the plan of unitization has been signed, or in writing ratified or approved by lessees of record of not less than sixty-three per cent of the unit area affected thereby and by owners of record of not less than sixty-three per cent (exclusive of royalty interest owned by lessees or by subsidiaries of any lessee) of the normal one-eighth royalty interest in and to the unit area, and the commission has made a finding either in the order creating the unit or in a supplemental order that the plan of unitization has been so signed, ratified or approved by lessees and royalty owners owning the required percentage interest in and to the unit area.  Where the plan of unitization has not been so signed, ratified or approved by lessees and royalty owners owning the required percentage interest in and to the unit area at the time the order creating the unit is made, the commission shall, upon petition and notice, hold such additional and supplemental hearings as may be requested or required to determine if and when the plan of unitization has been so signed, ratified or approved by lessees and royalty owners owning the required percentage interest in and to the unit area and shall, in respect to such hearings, make and enter a finding of its determination in such regard. In the event lessees and royalty owners, or either, owning the required percentage interest in and to the unit area have not so signed, ratified or approved the plan of unitization within a period of six months from and after the date on which the order creating the unit is made, the order creating the unit shall cease to be of further force and effect and shall be revoked by the commission.

B. An order providing for unit operations may be amended by an order made by the commission, in the same manner and subject to the same conditions as an original order providing for unit operations, provided:

1. If such an amendment affects only the rights and interests of the owners, the approval of the amendment by the royalty owners shall not be required.

2. No such order of amendment shall change the percentage for allocation of oil and gas as established for any separately owned tract by the original order, except with the consent of all persons owning interests in such tract.

C. The commission, by an order, may provide for the unit operation of a pool or a part thereof that embraces a unit area established by a previous order of the commission. Such order, in providing for the allocation of unit production, shall first treat the unit area previously established as a single tract, and the portion of the unit production so allocated thereto shall then be allocated among the separately owned tracts included in such previously established unit area in the same proportions as those specified in the previous order.
A.R.S. § 27-557 — Arizona Code / Title 27 / Chapter 4 / Article 2 / Section 557
27-557 Unit operations; unit agreements
Status: in_force

27-557. Unit operations; unit agreements

A. Each lease issued under the provisions of this article shall provide that the lessee, insofar as its interest in the lease is affected, may join in cooperative or unit plans for the exploration, development and operation of oil and gas pools with the United States, its agencies and its or their lessees and permittees, or with private owners and persons holding oil and gas leases on private lands or on state lands.

B. Lessees under oil and gas leases issued by the department may, with the consent of the department, commit the state lands to unit, cooperative or other plans of exploration, development and operation with other state, federal, private or Indian lands.

C. The state land commissioner shall, not later than ten days after the date a proposed cooperative or unit plan for the exploration, development or operation of oil and gas pools is filed with the department, give notice in writing of such proposal to the oil and gas conservation commission, the bureau of geology and mineral technology and all holders of oil and gas leases on state lands to be included in the proposed cooperative or unit plan. Any interested person may, within ten days after the date of such notice, file a written protest with the department. Upon receipt of such a protest, the state land commissioner shall, not later than thirty days after receipt of the protest, hold a public hearing at the county seat of the county in which the state lands to be included in the proposed cooperative or unit plan are located. Notice of the public hearing shall be published three times in a newspaper of general circulation in the county, the last publication to be not less than ten days prior to the date of the hearing. The state land commissioner shall, not later than sixty days after the date the proposed cooperative or unit plan is filed with the department or, in the event of a protest and public hearing, not later than thirty days after the date of such public hearing, determine whether it is in the best interests of the state to commit state lands to the cooperative or unit plan as proposed or as modified. A proposed cooperative or unit plan may be modified in a manner agreeable to the state land commissioner and the proponent of the plan after such notice and public hearing as may be required by this subsection. Upon determination by the state land commissioner that it is in the best interests of the state to commit state lands to such cooperative or unit plan, the state land commissioner shall consent to and approve the cooperative or unit plan.

D. The execution by the authorized state officer of a cooperative plan or unit agreement is deemed to be an amendment of state leases committed to such plan or unit and has the effect of extending the term of the state leases included in the plan or agreement for the full period of time such plan or unit may remain in effect and of modifying such leases so as to conform the terms and conditions of the leases to the terms and conditions of the plan or unit but otherwise to remain in effect.

E. The agreements shall provide for the equitable division on an agreed basis of the oil and gas produced from the unit and for the extension of leases covering any part of the unit as long as drilling, completion or reworking operations are conducted anywhere on the unit or as long as oil or gas in paying quantities is produced from any part of the unit, but no such agreement shall relieve any operator from the obligation to develop reasonably the lands and leases as a whole committed thereto. When the agreements provide for returning gas to a formation underlying the unit, they may provide that no royalties are required to be paid on the gas returned.

F. Any lease issued under this article which is committed to a unit agreement embracing lands that are in part within and in part outside of the area covered by any such agreement shall be segregated into separate leases as to the lands committed and the lands not committed as of the effective date of unitization. Any such lease, as to the nonunitized portion, shall continue in force and effect for a period of time equal to the greater of the remainder of the original term of the lease or two years from the date of such segregation and as long thereafter as oil or gas is produced in paying quantities.

G. Any lease issued under this article which is in effect at the termination of any unit agreement to which such lease is committed, unless relinquished, shall continue in effect for a period of time equal to the greater of the remainder of the original term of the lease or two years from the termination of the unit agreement and as long thereafter as oil or gas is produced in paying quantities.

H. Notwithstanding any of the foregoing, no lease issued or amended pursuant to this article shall be extended for any term longer than as provided in article X, section 3 of the Constitution of the state of Arizona.
A.R.S. § 27-106 — Arizona Code / Title 27 / Chapter 1 / Article 1 / Section 106
27-106 Duties of Arizona geological survey; mining, mineral and natural resources educational museum
Status: in_force

27-106. Duties of Arizona geological survey; mining, mineral and natural resources educational museum

A. Under the operation, management and authority of the university of Arizona, the Arizona geological survey shall:

1. Map and describe the bedrock and related geologic materials and processes in this state, as follows:

(a) Prepare geologic maps that show the distribution of rock formations and surficial materials at the surface and in the subsurface.

(b) Describe the character of rock and surficial materials, including their age, origin and physical and chemical properties.

(c) Map, describe and monitor known and potential geologic hazards and limitations to land and resource management.

(d) Map and characterize energy and mineral resources and identify areas that may have potential for future discoveries.

2. Provide objective, scientific information about the geologic character of this state as follows:

(a) Provide timely, courteous responses to requests for information, advice and assistance from the public.

(b) Maintain a computerized bibliographic database of maps and reports on the geology of this state that is accessible to the public.

(c) Maintain an internet website that includes information about the Arizona geological survey, products and services available and the geologic character of this state.

(d) Give lectures and talks, conduct workshops, lead field trips and provide information and assistance to public, educational and professional groups.

(e) Publish reports and other information, written in nontechnical terms, to inform those who are not trained in geology about the geologic character of this state.

3. Prepare all data files of known areas of earth fissures, produce maps of those areas with overlays showing affected counties, cities, towns, highways and streets and transmit the maps in printed and electronic format to the state real estate department for the purposes of providing public access to the earth fissure maps pursuant to this paragraph and section 32-2117. The Arizona geological survey shall provide any map to any member of the public in printed or electronic format on request.  The following notice shall be displayed below each map:

Notice

The state of Arizona has made a reasonable effort to ensure the accuracy of this map when it was produced, but errors may be present and the state of Arizona does not guarantee its accuracy.  The map supplements, and is not a substitute for, a professional inspection of property for defects and conditions.

4. Operate and maintain a central repository and a computerized database for reports, books, maps and other publications regarding the geology, mining and mineral resources and associated technologies. Such repository and database shall be available for the use of the public and may be located at or connected with the university of Arizona or another state university or agency of this state. All databases and other archival materials shall be maintained in a secure and retrievable format and at a location prescribed by the state geologist to protect and preserve information from damage or destruction.

5. Utilize the services and expertise of the universities of this state at the discretion of the state geologist.

6. Cooperate with local, county, state and federal agencies.

7. Provide quality mining data, evaluation and assistance relating to mining and mineral development to the legislature, federal, state and local governmental agencies and the public.

8. Serve as a source of mining information and data necessary or advisable to attain its objectives. The Arizona board of regents may establish reasonable fees for publications and other services of the Arizona geological survey.

9. Cooperate with the corporation commission in its investigations and administration of laws relating to the sale of mining securities.

10. Keep an annually updated database relating to existing mines in this state that would allow municipalities and counties to identify areas with mineral and aggregate mines for planning purposes required under sections 9-461.05 and 11-804.

B. In coordination with the mining, mineral and natural resources educational museum advisory council established by section 27-111, the university of Arizona shall operate and maintain a mining, mineral and natural resources educational museum as the state depository for collecting, cataloging and displaying mining, mineral and natural resources artifacts and specimens. In connection with the mining, mineral and natural resources educational museum, the university of Arizona may:

1. Promote the recognition and celebration of the historical, cultural, economic and social contributions to this state made by the mining, mineral and natural resources industries in this state, including the livestock and agricultural industries.

2. Apply for and accept grants, gifts, bequests of legacies of real or personal property, donations, including donations of time, services and materials, or any other contribution, financial or otherwise, for use in accordance with the direction of the donor or, in the absence of an express direction, as prescribed by the university of Arizona. Monies received pursuant to this paragraph shall be deposited in a separate mining, mineral and natural resources educational museum account in the geological survey fund established by section 27-107 to be used exclusively for the maintenance, restoration and operations of the mining, mineral and natural resources educational museum.

3. Accept from the federal or state government, any local government or any of their agencies restricted and unrestricted monies made available to this state for the mining, mineral and natural resources educational museum.

4. Establish and collect entrance fees to the mining, mineral and natural resources educational museum.

5. Operate a retail gift shop, including the acquisition, purchase and resale of mining, mineral and natural resources specimens and related items.

6. Employ a curator for the mining, mineral and natural resources educational museum who possesses knowledge or experience in natural resources and operating a museum.

7. Operate educational programming for the mining, mineral and natural resources educational museum.

8. Accept the services of volunteers and provide oversight for their activities.

9. Pay the necessary maintenance and operation expenses of the mining, mineral and natural resources educational museum.

C. The university of Arizona:

1. Under the advisement of the mining, mineral and natural resources educational museum advisory council, shall adopt a collections management policy that is consistent with national standards and best practices for museums in the United States established by a national association of museums.

2. Shall maintain the items, artifacts and other inventory received for display or storage, including equipment and outdoor displays.

3. In coordination with the mining, mineral and natural resources educational museum advisory council and pursuant to the standards and best practices adopted pursuant to paragraph 1 of this subsection, may sell or otherwise dispose of materials received for the mining, mineral and natural resources educational museum.

4. Shall operate, manage and maintain the mining, mineral and natural resources educational museum at the location where it is housed on August 9, 2017 consistent with this article.
A.R.S. § 27-236 — Arizona Code / Title 27 / Chapter 2 / Article 3 / Section 236
27-236 Suspension of royalty rights
Status: in_force

27-236. Suspension of royalty rights

The commissioner may, if he deems it in the interest of the state, subordinate the royalty rights of the state under this article, or suspend the operation thereof or of any lease executed under the provisions of this article, in favor of the United States or any agency thereof, for the purpose of facilitating extension of financial aid under the laws of the United States in the development or operation of any mine located upon state lands.
A.R.S. § 27-903 — Arizona Code / Title 27 / Chapter 5 / Article 1 / Section 903
27-903 Exemption for state lands; agreements for coordination with other governmental agencies and landowners
Status: in_force

27-903. Exemption for state lands; agreements for coordination with other governmental agencies and landowners

A. This chapter does not apply to any activity that occurs on state land and that is regulated pursuant to chapter 2, article 3, 4 or 5 of this title.

B. The state mine inspector may enter into agreements pursuant to title 11, chapter 7, article 3 with the state land department, United States bureau of land management, United States forest service and other agencies that manage public lands and take other appropriate measures to coordinate the review and approval of reclamation plans, including designating a lead agency for reclamation plan review and action. The inspector shall avoid redundant, inconsistent or contradictory reclamation, inspection, administration, enforcement and financial assurance requirements.
A.R.S. § 27-107 — Arizona Code / Title 27 / Chapter 1 / Article 1 / Section 107
27-107 Powers and duties; fund
Status: in_force

27-107. Powers and duties; fund

A. The university of Arizona shall:

1. Establish administrative functions and offices as necessary to achieve the purposes of this article.

2. Direct the work of the Arizona geological survey and the formulation of its program and policies.

3. Adopt rules as necessary to carry out the purposes of this article.

B. The state geologist or the geologist's designee, at any time, may enter the property and inspect wells drilled for oil, gas, geothermal resources, helium or carbon dioxide and shall control property, machinery and appliances necessary to gauge the wells.

C. The geological survey fund is established for the purposes provided in this article consisting of appropriations and all monies received pursuant to this article.  Monies shall be separately accounted for and used as a continuing appropriation by the university of Arizona for the purposes provided from each source.  Monies in the fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations.  The fund includes a separate mining, mineral and natural resources educational museum account consisting of monies received pursuant to section 27-106, subsection B to be used exclusively for the maintenance and operations of the mining, mineral and natural resources educational museum.
A.R.S. § 27-1237 — Arizona Code / Title 27 / Chapter 6 / Article 2 / Section 1237
27-1237 Variances
Status: in_force

27-1237. Variances

The inspector, by rule or conditional order, may allow an owner or operator of an exploration operation or aggregate mining unit to vary from any rule adopted pursuant to this chapter or any requirement or condition of a reclamation plan issued pursuant to this chapter if the inspector finds that allowing the variance will not endanger public safety and will not be inconsistent with the objectives of the reclamation plan.
A.R.S. § 27-464 — Arizona Code / Title 27 / Chapter 3 / Article 7 / Section 464
27-464 Notice of proposed adoption of rule
Status: in_force

27-464. Notice of proposed adoption of rule

At least twenty days prior to the adoption of any rule, copies of the notice filed with the secretary of state pursuant to section 41-1022 shall be mailed to all interested parties.
A.R.S. § 27-201 — Arizona Code / Title 27 / Chapter 2 / Article 1 / Section 201
27-201 Location of mining claim upon discovery of mineral in place
Status: in_force

27-201. Location of mining claim upon discovery of mineral in place

Upon discovery of mineral in place on the public domain of the United States the mineral may be located as a lode mining claim by the discoverer for himself, or for himself and others, or for others.
A.R.S. § 27-1223 — Arizona Code / Title 27 / Chapter 6 / Article 2 / Section 1223
27-1223 Creating surface disturbances of five acres or less
Status: in_force

27-1223. Creating surface disturbances of five acres or less

A. Nothing in this chapter shall prevent an owner or operator of an exploration operation or aggregate mining unit from creating a surface disturbance of five contiguous acres or less.

B. From and after December 31, 2006, the state mine inspector may require either or both of the following in the case of a series of surface disturbances of five contiguous acres or less by the same owner or operator if the series of surface disturbances in aggregate constitute more than five acres:

1. A reclamation plan under article 3 or 4 of this chapter.

2. A financial assurance mechanism under article 5 of this chapter.
A.R.S. § 27-124 — Arizona Code / Title 27 / Chapter 1 / Article 2 / Section 124
27-124 Mine inspections required; powers of inspector
Status: in_force

27-124. Mine inspections required; powers of inspector

A. The mine inspector shall inspect, at least once every three months, every active underground mine in the state employing fifty or more persons, and at least once each year, every other mine. The inspector shall inspect the operation, conditions, safety appliances, machinery, equipment, sanitation and ventilation, the means of ingress and egress, the means taken to protect the lives, health and safety of the miners, the cause of accidents and deaths occurring at the mine, and the means taken to comply with the provisions of this title.

B. The mine inspector may enter and inspect any abandoned or inactive mine to determine whether any dangerous condition exists which may affect the health and safety of the general public.

C. The inspector at any time may enter, examine and inspect any mine or part of any mine and inspect any connected plant or equipment or any part of the workings of the mine.

D. The mine operator or designated representative shall accompany the inspector, without unreasonable delay, while conducting inspections.
A.R.S. § 27-366 — Arizona Code / Title 27 / Chapter 3 / Article 3 / Section 366
27-366 Maps of underground workings
Status: in_force

27-366. Maps of underground workings

When ordered by the inspector, the operator of every underground mine shall make and maintain a reasonably accurate map of the workings of the mine. At least once every six months or oftener if necessary, the operator shall make alterations or additions to the map showing excavations made since those last shown on the map. All parts of the mine which were worked or abandoned shall be clearly indicated and all underground workings shall be surveyed and mapped before they become inaccessible. The maps shall at all times be open to inspection by the inspector.
A.R.S. § 27-125 — Arizona Code / Title 27 / Chapter 1 / Article 2 / Section 125
27-125 Inspection report
Status: in_force

27-125. Inspection report

After every inspection the inspector shall fill out and leave with the operator a preliminary inspection report that lists the inspection party, the part of the operation inspected, the type of inspection and every violation of the state mining code observed during the inspection, but nothing contained in or omitted from the entry shall limit or affect the duty and obligation of the owner or operator of the property under this title. Within a reasonable length of time a typed copy of the inspection report shall be sent to the operator which shall be filed at the office of the operations. The report shall be available at all reasonable times.
A.R.S. § 27-952 — Arizona Code / Title 27 / Chapter 5 / Article 3 / Section 952
27-952 Notice of complete, incomplete or denied plan
Status: in_force

27-952. Notice of complete, incomplete or denied plan

A. The state mine inspector shall notify the operator that a reclamation plan is administratively complete or incomplete within thirty days after receiving the plan.

B. If the inspector notifies the operator that a plan is incomplete or denied, the inspector shall include a written explanation stating the reasons for denial including recommendations for correcting incomplete or unacceptable parts of the plan consistent with the requirements of this chapter.  The operator must refile the corrected plan within ninety days after notification that the previous plan was incomplete or denied or within a time frame mutually agreed on between the operator and the state mine inspector that would not materially affect the safety of employees or cause undue hardship on an operator.
A.R.S. § 27-461 — Arizona Code / Title 27 / Chapter 3 / Article 7 / Section 461
27-461 Definitions
Status: in_force

27-461. Definitions

In this article, unless the context otherwise requires:

1. "Inspector" means the state mine inspector.

2. "Interested parties" means all persons who have filed written notice with the inspector of their desire to receive the notices provided for in this article.
A.R.S. § 27-305 — Arizona Code / Title 27 / Chapter 3 / Article 1 / Section 305
27-305 Employee responsibility
Status: in_force

27-305. Employee responsibility

Each employee shall make full use of all safeguards provided for his protection. Except for the purposes of repair, no employee or other person shall remove, displace, damage, destroy or carry off any safety device or safeguard furnished or provided, nor shall he interfere with the use thereof. No employee or other person shall interfere with the methods or processes adopted for the protection of employees, nor shall he fail or neglect to do anything reasonably necessary to protect the life, health and safety of himself and other employees.
A.R.S. § 27-672 — Arizona Code / Title 27 / Chapter 4 / Article 4 / Section 672
27-672 Unit operations; unit agreements
Status: in_force

27-672. Unit operations; unit agreements

A. Each lease issued under the provisions of this article shall provide that the lessee, insofar as its interest is affected, may join, with the department's prior written approval, in cooperative or unit plans for the development and operation of geothermal resource pools with the United States, its agencies and its or their lessees and permittees and with private owners and persons holding geothermal resource leases on private lands or on state lands.

B. Upon determination by the department that it is in the best interests of the state to commit state lands to a cooperative or unit plan for the development and operation of geothermal resource pools, the department may, insofar as the state royalties may be affected thereby, join in and consent to any such plan on behalf of the state. The agreements shall provide for the equitable division on an agreed basis of the geothermal resource produced from the unit and for the extension of leases covering any part of the unit so long as geothermal resources in paying quantities are produced from any part of the unit. No such agreement shall relieve any operator from the obligation to develop reasonably the lands and leases as a whole nor shall such agreement relieve the lessee of the obligation to pay to the department the royalty provided for in the lease.
A.R.S. § 27-928 — Arizona Code / Title 27 / Chapter 5 / Article 2 / Section 928
27-928 Transferring an approved reclamation plan
Status: in_force

27-928. Transferring an approved reclamation plan

A. A reclamation plan may be transferred from one person to another, by operation of law or otherwise, if the current owner or operator notifies the state mine inspector in writing before the transfer.  The notice shall include:

1. The name, address, telephone number and statutory agent of the person to whom the plan will be transferred.

2. The effective date of the proposed transfer.

3. A proposed financial assurance mechanism.

4. Other information the inspector may determine to be necessary by rule.

B. The inspector may deny a transfer on determining that the proposed financial assurance mechanism does not comply with article 5 of this chapter or that the transferee is not capable of operating in compliance with this article, the rules adopted pursuant to this article or the conditions established in the plan.  The inspector shall issue notice of and the reasons for the denial within fifteen days after receiving the proposed transfer. Except as provided in section 41-1092.08, subsection H, a final administrative denial of the plan transfer is subject to judicial review pursuant to title 12, chapter 7, article 6.

C. On receiving the approved financial assurance mechanism from the transferee the inspector shall release the financial assurance mechanism provided by the transferor.
A.R.S. § 27-905 — Arizona Code / Title 27 / Chapter 5 / Article 1 / Section 905
27-905 Certificate of disclosure of violations; remedies; definition
Status: in_force

27-905. Certificate of disclosure of violations; remedies; definition

A. The following persons shall file a certificate of disclosure with the division of mined land reclamation as prescribed by this section:

1. A person who is engaged in an activity subject to regulation under this chapter and who has been convicted of a felony involving laws related to mined land reclamation within the five year period immediately preceding execution of the certificate.

2. A person who is engaged in an activity subject to regulation under this chapter and who is or has been subject in any civil proceeding to an injunction, decree, judgment or permanent order of any state or federal court within the five year period immediately preceding the execution of the certificate that involved a violation of laws of that jurisdiction relating to mined land reclamation.

B. The certificate of disclosure prescribed by this section shall contain the following:

1. Identification of the person, including present full name, all prior names or aliases, full birth name, present house address and all prior addresses for the immediately preceding five year period, date and place of birth and social security number.

2. The nature and description of each conviction or judicial action, the date and place, the court and public agency involved, and the file or cause number of the case.

3. A written declaration that each signer swears to its contents under penalty of perjury.

C. The certificate of disclosure submitted on behalf of a corporation shall be executed by any two executive officers or directors of the corporation.

D. Initial certificates shall be delivered to the division within ninety days after the person first becomes subject to the disclosure requirements of this section. Certificates shall be filed annually thereafter within ninety days after the close of the person's fiscal year as reported on the initial certificate.

E. By February 1 of each year, the state mine inspector shall provide the attorney general with a list of all persons who were convicted of the crimes or who are the subject of the judicial actions described in subsection A of this section, as indicated from the certificates of disclosure filed during the preceding year.

F. In lieu of the certificate of disclosure prescribed by this section, a corporation may submit to the division copies of annual reports filed with the securities and exchange commission pursuant to section 13 or 15(d) of the securities exchange act of 1934 (15 United States Code section 78), commonly known as a "10-K form", within ninety days after filing the annual report. The initial submission shall include 10-K forms for the preceding five years.

G. A person who contributes information for a certificate of disclosure and who makes an untrue statement of material fact concerning the requirements of subsection B of this section or withholds any material fact concerning the requirements of subsection B of this section or a person who is obligated to file a certificate of disclosure and who fails to file the certificate is subject to section 27-1022, section 27-1024, subsections B and C and section 27-1025.

H. For purposes of this section, "person" means:

1. A natural person.

2. Any public or private corporation, its officers, directors, trustees, incorporators and persons who control or hold over ten per cent of the issued and outstanding common shares or ten per cent of any other proprietary, beneficial or membership interest in the corporation.

3. A partnership, including all general partners and limited partners who control a ten per cent or more beneficial interest in the partnership.

4. An association or society of persons.

5. A limited liability company including all members who have a ten per cent or more interest in the limited liability company.

6. The federal government and any of its departments or agencies.

7. This state and any of its agencies, departments, political subdivisions, counties, towns or municipal corporations.
A.R.S. § 27-675 — Arizona Code / Title 27 / Chapter 4 / Article 4 / Section 675
27-675 Surrender
Status: in_force

27-675. Surrender

At the discretion of and upon prior written approval of the department, a lessee may surrender a portion of the lands covered by the lease at any time upon payment to the department of all amounts then due as to the lands surrendered, but no refund of any part of the cash consideration or rental paid shall be made to the lessee upon such surrender. The lessee may surrender all of the lands covered by the lease at any time upon payment to the department of all amounts then due as to the lands surrendered, but no refund of any part of the cash consideration or rental paid shall be made to the lessee upon such surrender.
A.R.S. § 27-922 — Arizona Code / Title 27 / Chapter 5 / Article 2 / Section 922
27-922 Surface disturbances created by existing exploration operation or mining unit; extension; continuing operations
Status: in_force

27-922. Surface disturbances created by existing exploration operation or mining unit; extension; continuing operations

A. An owner or operator of an existing exploration operation or existing mining unit with surface disturbances of more than five contiguous acres shall submit a reclamation plan to the state mine inspector by April 1, 1997.

B. An owner or operator may petition the inspector for an extension of time to submit a reclamation plan. The inspector shall grant the extension on a showing of good cause, including the need to coordinate the preparation and submission of a reclamation plan with an aquifer protection permit application under title 49, chapter 3, article 2 or with other permits and approvals required for the exploration operation or mining unit.

C. The owner or operator of an existing exploration operation or existing mining unit may continue operations, including creating surface disturbances, until the inspector takes final action on the reclamation plan and financial assurance mechanism.

D. The reclamation of surface disturbances created in whole or in part before July 17, 1994, the effective date of this chapter, and the initial rules adopted pursuant to this chapter may present special technical and economic constraints that are not encountered for new surface disturbances. The inspector shall consider the nature and extent of the existing surface disturbances, relevant site-specific circumstances and the technical and economic practicability of reclaiming such surface disturbances. The inspector shall not require the removal or relocation of existing mining units to satisfy the reclamation requirements of this chapter.
A.R.S. § 27-421 — Arizona Code / Title 27 / Chapter 3 / Article 5 / Section 421
27-421 Ingress and egress
Status: in_force

27-421. Ingress and egress

The operator shall provide a safe means of ingress and egress at every open pit or any working place.
A.R.S. § 27-448 — Arizona Code / Title 27 / Chapter 3 / Article 6 / Section 448
27-448 Sand and gravel safety rules
Status: in_force

27-448. Sand and gravel safety rules

A. All sand and gravel operations shall be conducted with due regard to safety. The inspector shall adopt rules to carry out the provisions of this section.

B. Article 5 of this chapter applies to sand and gravel operations.
A.R.S. § 27-271.01 — Arizona Code / Title 27 / Chapter 2 / Article 5 / Section 271.01
27-271.01 Inventory of trust land containing common mineral products, materials and property
Status: in_force

27-271.01. Inventory of trust land containing common mineral products, materials and property

The department shall maintain an inventory of lands suitable for lease or sale that are within the boundaries identified in section 37-312 and are located in a county of more than six hundred thousand persons according to the most recent United States decennial census. Persons applying for reclassification of land pursuant to section 37-312 shall be notified if the land has been identified by the department as land suitable for lease or sale.
A.R.S. § 27-104 — Arizona Code / Title 27 / Chapter 1 / Article 1 / Section 104
27-104 Qualifications of employees; private activities relating to geological services prohibited
Status: in_force

27-104. Qualifications of employees; private activities relating to geological services prohibited

Qualifications of employees working with the Arizona geological survey shall be prescribed by the Arizona board of regents. Neither the state geologist nor any employee working with the Arizona geological survey shall:

1. Acquire a pecuniary interest in any mineral resources property in the state.

2. Act as broker or agent for any purchaser, owner or agent of mineral resources property, equipment or products.

3. Accept any commission or compensation for services rendered in connection with industry in this state.

4. Make an investigation or report on an individual Arizona deposit of mineral resources or metallurgical process other than pursuant to such employee's official duties.
A.R.S. § 27-931 — Arizona Code / Title 27 / Chapter 5 / Article 2 / Section 931
27-931 Variances
Status: in_force

27-931. Variances

A. The state mine inspector, by rule or conditional order, may allow an owner or operator of an exploration operation or mining unit to vary from any rule adopted pursuant to this chapter or any requirement or condition of a reclamation plan issued pursuant to this chapter if the inspector finds that allowing the variance will not endanger public safety and will not be inconsistent with the criteria established in section 27-973.

B. The inspector may approve innovative reclamation or other measures proposed by the owner or operator that vary from the reclamation standards of this chapter, the financial assurance requirements under article 5 of this chapter or the rules adopted pursuant to this chapter after a public hearing and on a showing that the innovative or other measures can be reasonably expected to achieve the post-mining land use objectives stated in the reclamation plan.
A.R.S. § 27-534 — Arizona Code / Title 27 / Chapter 4 / Article 1.1 / Section 534
27-534 Unlawful operation
Status: in_force

27-534. Unlawful operation

From and after the effective date of an order of the commission creating a unit and prescribing the plan of unitization applicable thereto, the operation of any well producing from the pool or portion thereof within the unit area defined in the order by persons other than the unit or persons acting under its authority or except in the manner and to the extent provided in such plan of unitization shall be unlawful and is prohibited.
A.R.S. § 27-306 — Arizona Code / Title 27 / Chapter 3 / Article 1 / Section 306
27-306 First aid; inspectors as qualified instructors
Status: in_force

27-306. First aid; inspectors as qualified instructors

A. Every operation shall have adequate and proper first aid material as approved by the inspector which shall be available to all employees.

B. No employee or other person shall remove material from first aid boxes or kits at any time except for replacement or use in case of injury.

C. The state mine inspector and deputy mine inspectors shall be qualified first aid instructors, and shall provide instruction upon request.
A.R.S. § 27-128 — Arizona Code / Title 27 / Chapter 1 / Article 2 / Section 128
27-128 Inspection of mines; violation; classification
Status: in_force

27-128. Inspection of mines; violation; classification

A. The state mine inspector or a deputy inspector shall inspect each mine in the state as frequently as necessary to determine whether any hazardous dust condition exists therein. There shall be a prompt inspection of any mine in which he or a deputy inspector has reason to believe a hazardous dust condition exists or with respect to which complaint of a hazardous dust condition has been made as provided in section 27-308. The mine inspector or a deputy inspector shall make recommendations to mine operators as to methods of reducing dust and whenever he finds a hazardous dust condition he shall notify the mine operator thereof. The notice shall be in writing and shall specify a reasonable time within which the dust condition must be remedied. The mine operator shall install within the time specified, and thereafter maintain and operate, dust prevention practices which remedy the hazardous dust condition.

B. If the dust prevention practices are not installed within the time specified in the notice or are not thereafter maintained, the state mine inspector or a deputy inspector shall forthwith order cessation of operations, except for necessary maintenance and repair work, in all parts of the mine in which hazardous dust conditions exist or are produced by operations until the condition is remedied. Written notice of the order shall be given the mine operator and any mine operator who thereafter knowingly fails to obey the order is guilty of a class 2 misdemeanor.
A.R.S. § 27-513.01 — Arizona Code / Title 27 / Chapter 4 / Article 1 / Section 513.01
27-513.01 Appointment by drilling permittee of attorney upon whom to serve process
Status: in_force

27-513.01. Appointment by drilling permittee of attorney upon whom to serve process

A. The acceptance of a permit to drill under section 27-513 shall be deemed to constitute and be the appointment of the commission by the permittee as his true and lawful attorney upon whom may be served all legal process in an action against such permittee growing out of or in any way connected with said permittee's use, occupancy, or activities upon the drilling unit or tract of land under single ownership for which his permit shall have issued, including, but not limited to, liabilities to the state, debts contracted by such permittee for labor upon or materials furnished to his drilling site, and violations of the securities act of Arizona.

B. Service of process under subsection A of this section shall be made by leaving a copy of the summons and complaint and a fee of two dollars with any member, officer, or employee of the commission in the commission's office during office hours, and shall be deemed sufficient service upon the permittee if either of the following are complied with:

1. The plaintiff forthwith sends notice of such service and a copy of the summons and complaint by registered mail to the permittee defendant at the latest address for such permittee shown by records in the office of the commission, appends the defendant's return receipt and plaintiff's affidavit of compliance with this section to the original summons and files them with the court within such time as the court allows.

2. The plaintiff serves notice of such service and a copy of the summons and complaint upon defendant, if found without this state, by a duly constituted officer qualified to serve like process in the state or jurisdiction where the defendant is found, and files with the court within such time as the court allows, the officer's return showing that the notice, copy of the summons and complaint were served as provided by this section upon defendant.

C. The court in which the action is pending may order postponements necessary to afford defendant reasonable opportunity to defend the action.

D. The commission shall keep a record, which shall include the day and hour of service, of all process served upon it under this section.

E. The fee paid to the commission at the time of service shall be taxed as costs in the suit if plaintiff recovers, and shall be paid into the fund.
A.R.S. § 27-1221 — Arizona Code / Title 27 / Chapter 6 / Article 2 / Section 1221
27-1221 Surface disturbances created by new exploration operation or aggregate mining unit
Status: in_force

27-1221. Surface disturbances created by new exploration operation or aggregate mining unit

Beginning January 1, 2007, an owner or operator of a new exploration operation or new aggregate mining unit shall not create a surface disturbance of more than five contiguous acres until a reclamation plan and financial assurance mechanism for the exploration operation or aggregate mining unit are approved by the state mine inspector or are otherwise authorized by this chapter.
A.R.S. § 27-1293 — Arizona Code / Title 27 / Chapter 6 / Article 5 / Section 1293
27-1293 New exploration operation
Status: in_force

27-1293. New exploration operation

A. Beginning January 1, 2007, the owner or operator of a new exploration operation shall furnish a financial assurance mechanism to the state mine inspector in an amount equivalent to two thousand dollars per acre of new surface disturbance, unless the inspector approves a cost estimate for an amount less than two thousand dollars per acre.

B. An owner or operator may provide a single financial assurance mechanism for all of its exploration operations conducted in this state.
A.R.S. § 27-925 — Arizona Code / Title 27 / Chapter 5 / Article 2 / Section 925
27-925 Remedial response to emergencies and governmental orders
Status: in_force

27-925. Remedial response to emergencies and governmental orders

A. An owner or operator is not required to provide notice or obtain approval of a reclamation plan or financial assurance mechanism under this chapter before creating a surface disturbance pursuant to a remedial action in response to an emergency or to a government order to prevent or mitigate an actual or potential release of pollutants into the environment.

B. The owner or operator shall update the reclamation plan and financial assurance mechanism within six months after completing the emergency or remedial measure.
A.R.S. § 27-976 — Arizona Code / Title 27 / Chapter 5 / Article 4 / Section 976
27-976 Beginning new mining units
Status: in_force

27-976. Beginning new mining units

Beginning April 1, 1997, new mining units may begin when both of the following occur:

1. The state mine inspector approves the reclamation plan for the mining unit, or one hundred fifty days after the inspector receives a reclamation plan if the inspector does not notify the owner or operator that the plan submitted is incomplete or denied.

2. Financial assurance has been submitted to the inspector as required by article 5 of this chapter.
A.R.S. § 27-370 — Arizona Code / Title 27 / Chapter 3 / Article 3 / Section 370
27-370 Stench warning
Status: in_force

27-370. Stench warning

A. The operator shall maintain a suitable and sufficient stench warning that can be introduced into the compressed airlines in case of an emergency and reach all employees who might be working underground.

B. When the odor from a stench warning is detected by employees or other persons, they shall immediately leave their working place or other areas underground, give warning to other employees or persons in their vicinity, and follow the operator's evacuation procedure.
A.R.S. § 27-663 — Arizona Code / Title 27 / Chapter 4 / Article 4 / Section 663
27-663 Unlawful interference; classification
Status: in_force

27-663. Unlawful interference; classification

Any owner or operator or employee thereof who knowingly refuses to permit the commission to inspect a well or who knowingly hinders or delays enforcement of the provisions of this chapter, and every person, whether as principal agent, servant or employee, or otherwise, who violates or knowingly fails or refuses to comply with the provisions of this chapter, or who knowingly fails or refuses to furnish any reply or record or information which may be requested pursuant to the provisions of this chapter or who knowingly renders a false or fraudulent report, shall be guilty of a class 2 misdemeanor as set forth in section 27-527.
A.R.S. § 27-555 — Arizona Code / Title 27 / Chapter 4 / Article 2 / Section 555
27-555 Lease of state lands not located within known geological structure of producing oil and gas field; application; lease extension; provisions of lease; withdrawal of lands from leasing
Status: reserved

27-555. Lease of state lands not located within known geological structure of producing oil and gas field; application; lease extension; provisions of lease; withdrawal of lands from leasing

A. When state lands are not located within any known geological structure of a producing oil and gas field, as determined pursuant to section 27-554, the person making the first application for the lease shall be issued a lease covering the lands without competitive bidding.

B. The noncompetitive leases shall provide for the payment by the lessee of a royalty of twelve and one-half per cent of either:

1. The oil, gas and other hydrocarbons produced and saved from the leased premises.

2. At the option of the department, the market value of such products determined as follows:

(a) At the arm's length price prevailing on the day the product is run into a pipeline or otherwise removed from the leased premises if the production is being sold for an arm's length price.

(b) If an arm's length price is not available for the production, at the publicly available arm's length prices for sales of production of comparable type and quality, in generally comparable quantities, in the vicinity. For the purposes of this subdivision, "vicinity" means the smallest geographical local area containing sufficient data to establish an arm's length price.

(c) If an arm's length price is not available for the production and there are no publicly available arm's length prices for sales of production of comparable type and quality, in generally comparable quantities, in the vicinity, the department may establish market value through appraisal completed by an independent licensed appraiser that conforms with generally recognized appraisal methodologies.  The appraisal is not binding on either the department or the lessee, but may serve as evidence of market value.

(d) If a price is determined under subdivision (b) or (c) and a price under a higher ranked alternative becomes available, the price determined under the higher ranked alternative shall be used.  If a price is determined under subdivision (b) or (c) and the basis for determining that price is no longer available, the price determined under the next highest-ranking alternative that is available shall be used.  If a price is determined by the lessees under subdivision (a), the department may require the lessee to certify that the price used is an arm's length price.

(e) For the purposes of this paragraph, "arm's length price" means a price negotiated between a willing buyer and a willing seller, where the buyer and seller are not affiliates and the seller is not receiving property or other noncash consideration as part of the transaction.  For the purposes of this subdivision, "affiliate" means parties that are related by blood or marriage, or, in the case of entities, that are under direct or indirect common control or one of which controls the other.

C. Royalties, including shut-in gas royalties, reserved to the state on production from any state lands leased pursuant to this article and committed to a unit plan of development by virtue of a unit agreement shall be paid only on that portion of production allocated to such state lands or any part of the state lands, pursuant to the terms and conditions of the unit agreement.

D. The leases shall provide for the payment in advance of an annual rental of one dollar per acre per year for each year of the primary term of the lease. All leases shall provide for a minimum rental of forty dollars per year.

E. Each lease issued under this section shall be for a primary term of five years and as long thereafter as oil or gas is produced in paying quantities from the lands covered by the lease, except that:

1. If oil or gas is not being produced from the leased premises at the expiration of the primary term of the lease, the lessee shall have a right to an extension of the term of the lease for an additional term of five years and as long thereafter as oil or gas is produced in paying quantities from the leased premises by paying each year in advance double the rental payable during the primary term of the lease, except that the lessee will have no further right to any additional extension for successive terms. In the exercise of such right, the provisions of section 27-556 relating to sales made upon competitive bidding by sealed bid shall not apply in any case, but all such extensions shall be upon the terms and conditions contained in the original lease, except that the rental for the extended term shall be as provided in this paragraph, and except further that the rental for the extended term of any lease amended pursuant to subsection L of this section shall be as provided in that subsection.

2. If oil or gas is not being produced from the leased premises at the expiration of the primary term of the lease or any extension of the lease pursuant to paragraph 1, but the owner of the lease is diligently engaged in drilling, completion or reworking operations, the lease continues in force for a period of two years from the date on which the lease would have otherwise expired and as long thereafter as oil or gas is produced in paying quantities from the lands. If oil or gas is produced from any such well or any other well drilled during any two year extension, the lease shall continue in force after such two year extension as long as oil or gas is produced in paying quantities from the leased premises, except that rental requirements at the beginning of any lease extension shall be at the rate in existence at that time.

3. Oil or gas that is produced from any part of a unit in which state lands are included by virtue of a unit agreement and that is allocated to all or any part of such state lands pursuant to the terms and conditions of the unit agreement is deemed to be produced from the state lands or that part of the state lands to which the production is allocated.

4. If for any reason production of oil or gas from the leased lands ceases after the primary term or after extension of the lease, the lease shall not terminate if the lessee commences drilling, completion or reworking operations on the land within ninety days from cessation of production, and if drilling, completion or reworking operations are conducted with reasonable diligence, the lease shall remain in force as long thereafter as such drilling, completion or reworking operations are conducted or as long thereafter as oil or gas is produced in paying quantities from the leased lands, but in no event to extend beyond two years if production is not restored.

F. Each lease shall provide that the state's royalties shall be computed after deducting any oil or gas reasonably used in operations on the lease.

G. The leases shall contain other terms and provisions, not inconsistent with the provisions of this article or other laws of the state, as in the opinion of the department are for the best interest of the state. The lease shall not contain any provision for a premium, tax, fee or other assessment other than the application fees, rentals and royalties provided in statute. Application fees, rentals, royalties or other charges shall be based upon the application fees, rentals, royalties or other charges as provided in statute in effect at the time that the completed application is received by the department.

H. Not more than six miles square shall be included in any one lease. The lands shall be in as compact a body as possible but may include noncontiguous land within the six mile area.  A discovery well capable of producing oil and gas in paying quantities will perpetuate a lease of not more than two thousand five hundred sixty acres which must be designated by the lessee within thirty days of completion of the well. The department shall adopt rules that will assure due diligence in the drilling of development wells to fully define the field.

I. Each lease shall provide that any combination, understanding or agreement entered into by the lessee, written, verbal or otherwise, for the purpose of delaying discovery or development of oil or gas is an illegal practice, and that upon legal determination thereof shall constitute grounds for cancellation of the lease. In the event of such an illegal practice, appropriate proceedings may be instituted by the attorney general against the lessee in the county in which the land or any part thereof is located. A cooperative or unit plan entered into pursuant to this article or any other conservation statute of this state shall not be held to violate this subsection or any other statute of this state prohibiting monopolies or acts, arrangements, contracts, combinations or conspiracies in restraint of trade or commerce on account of operations conducted under such a plan.

J. Applications for noncompetitive leases shall be in writing addressed to the department, shall contain a description of the lands sufficient to identify them and the name and address of the applicant and shall be accompanied by a filing fee and the rental payment for the first year. Each application shall be stamped when received by the department with a stamp showing the day and hour when received. If valid applications covering the same lands are filed simultaneously, the department shall offer the lease to the parties involved in the simultaneous applications by competitive bid, as follows:

1. The department shall issue a notice of the competitive bid containing a description of the land proposed to be leased and the time when the bids will be received and opened.

2. The department shall offer the lease to the highest qualified bidder submitting a sealed bid, on the basis of a cash bonus.

3. All bids, together with a certified check in the amount of the bonus bid, must be submitted to the department at the state capitol and shall be opened at the office of the department at the time specified.

4. If identical bids are received, within ten days of the opening of the bids the department shall request new bids from the submitters of the identical bids, and shall repeat the process until a high bidder is determined.

5. Before accepting any competitive bid for a lease under this subsection, the department shall establish to its satisfaction the responsibility of the bidder.

6. The department shall return all checks accompanying rejected bids.

K. The department may withdraw from leasing any specific area of land not located within any known geological structure of a producing oil and gas field when it appears that the withdrawal is in the interest of the state, but no lands shall be withdrawn by the department without the consent of a committee composed of the governor, who shall be chairman, the attorney general, and the dean of the college of mines of the university of Arizona. The committee shall consider the proposed withdrawal presented by the department and determine whether the withdrawal shall be permitted.  The land, after being withdrawn from leasing, may again be offered for leasing at any time the department deems in the best interests of the state, subject to the advice and consent of the committee provided for in this section, and pursuant to notice as the committee deems necessary.

L. The owner of any state oil and gas lease issued by the department and maintained in good standing according to the terms and conditions of the lease and all applicable statutes and regulations shall have the right to elect at any time to have such lease amended to contain the same term and extension provisions and the same provisions relating to unit operations and unit agreements which have been or may be approved by the state land commissioner as are provided by law for state oil and gas leases upon filing a written notice of such election with the department. Upon such written notice to the department the lease term and extension provisions and the provisions relating to unit operations and unit agreements shall be deemed amended.  The lease as amended shall include all other provisions, except those providing for rents, contained in the original lease and shall bear the same commencement date as the original lease. The lease as amended shall require the payment in advance of an annual rental of one dollar fifty cents per acre per year for each year of any extension of the lease beyond the primary term of the lease, except extensions of the primary term based upon the production of oil or gas.
A.R.S. § 27-1232 — Arizona Code / Title 27 / Chapter 6 / Article 2 / Section 1232
27-1232 Coordination with other governmental agencies
Status: in_force

27-1232. Coordination with other governmental agencies

A. The state mine inspector shall coordinate the review and approval of reclamation plans with the state land department, the United States bureau of land management, the United States forest service and other agencies that own and manage public lands on which exploration operations or aggregate mining facilities are located, within the respective jurisdictions, through memoranda of agreement or cooperative agreements that designate a lead agency for reclamation plan review and action.  This coordination is intended to avoid duplication of efforts to inspect exploration operations and aggregate mining facilities and review and enforce reclamation plans.  The memoranda of agreement shall also provide that no financial assurance may be required under this article that will duplicate financial assurances required under any other law or agreement.

B. If an exploration operation or an aggregate mining unit is located on land administered by a federal agency, an approved federal reclamation plan and a financial assurance mechanism for the federal land that are consistent with the requirements of this chapter supersede the requirements for a reclamation plan and financial assurance mechanism otherwise required by this chapter.
A.R.S. § 27-516 — Arizona Code / Title 27 / Chapter 4 / Article 1 / Section 516
27-516 Rules
Status: in_force

27-516. Rules

A. The commission shall make rules and amend them as deemed necessary for the proper administration and enforcement of this article, including the following rules and orders:

1. Requiring the drilling, casing and plugging of wells in a manner to prevent:

(a) Escape of oil and gas from one stratum to another.

(b) Intrusion of water into an oil or gas stratum from a separate stratum.

(c) Pollution of fresh water supplies by oil, gas or salt water.

(d) Waste.

2. Requiring reports showing the location of oil and gas wells and requiring filing of logs and drilling records within thirty days after drilling is completed for a well drilled for oil or gas.

3. Requiring a reasonable bond with good and sufficient surety conditioned on the performance of the duties prescribed in paragraphs 1 and 2 of this subsection including the obligation to plug each dry or abandoned well.

4. Preventing drowning by water of any stratum or part capable of producing oil or gas in paying quantities and preventing the premature and irregular encroachment of water which reduces or tends to reduce the total ultimate recovery of oil or gas from any pool.

5. Requiring the operation of wells with efficient gas-oil ratio and fixing the limits of such ratios.

6. Preventing blowouts, caving and seepage.

7. Preventing creation of unnecessary fire hazards.

8. Requiring identification of ownership of oil and gas wells, producing leases, refineries, tanks, plants, structures and storage and transportation equipment and facilities.

9. Regulating shooting, perforating and chemical treatment of wells.

10. Regulating gas cycling operations.

11. Regulating secondary recovery methods, including introduction of gas, air, water or any other substances into producing formations.

12. Regulating spacing of wells and establishing drilling units.

13. Limiting, allocating and apportioning production of oil and gas from a pool or field for prevention of waste, and allocating production between tracts of land under separate ownership in a pool on a fair and equitable basis so that each tract will be permitted to produce not more than its just and equitable share from such pool.

14. Preventing, so far as practicable, reasonably avoidable drainage from each developed unit, not equalized by counterdrainage.

15. Requiring a producer of oil or gas to submit for each oil or gas well operated, on a form prescribed by the commission, a monthly report of actual production from each oil or gas well. Such report shall be submitted on or before the twenty-fifth day of the next succeeding month.

16. Requiring persons making settlement with the owner of oil or gas interests to render statements to the owner showing the quantity and gravity purchased and the price per barrel of oil or the price per one thousand cubic feet of gas.

17. Requiring, either generally or in a particular area, a certificate of clearance for transportation or delivery of oil, gas or any product.

18. Requiring the applicant for a drilling permit, if the surface of the land is owned by another not in a contractual relationship with the applicant, to post bond in a reasonable sum with good and sufficient surety conditioned on payment of just compensation to the landowner for actual damages to the surface of or improvements on the land caused by the drilling permittee's operations.

19. Requiring all forms and reports requested by the commission to be submitted to the commission on or before the twentieth day of the next succeeding month for monthly reports or within twenty days following the completion of the action requiring the report, except as otherwise provided by the commission.

20. Requiring the permitting of all wells and the approval of all equipment and methods:

(a) To create or use existing storage space for the underground storage of hydrocarbon substances, whether liquid or gaseous.

(b) Used for the injection of any substance into geological strata for the purpose of pressure maintenance or for the purpose of increasing ultimate recovery.

(c) Used for the purpose of secondary and tertiary recovery.

(d) Used for the disposal of any substance.

B. No rule or order, or change, renewal or extension, except as otherwise provided by this article, shall, in the absence of an emergency, be made by the commission under the provisions of this article except after a public hearing of which not less than ten days' notice has been given. The public hearing shall be held at such time and place as may be prescribed by the commission, and any interested person shall be entitled to be heard. Notice shall be given by personal service, by publication or by United States mail addressed, postage prepaid, to the last known mailing address of the person or persons affected. The date of service shall be the date on which service was made in the case of personal service, the date of first publication in the case of notice by publication and the date of mailing in the case of notice by mailing. The notice shall issue in the name of the state, shall be signed by a member of the commission or its deputy, shall specify the style and number of the proceeding and the time and place of the hearing and shall briefly state the purpose of the proceeding. If the commission gives notice by personal service, such service may be made by an officer authorized to serve process or by the commission in the same manner as is provided by law for the service of process in civil actions in the courts of this state. Proof of service by the commission shall be by the affidavit of the commission or its authorized representative making personal service. If service is made by the sheriff, the proof of service shall be as required by law for service of process in civil actions. If the matter to be heard concerns the adoption, amendment or repeal of a rule of general applicability, notice shall be by publication.

C. If an emergency is found by the commission to exist, which in its judgment requires making, changing, renewing or extending a rule or order without first having a hearing, the emergency rule or order shall have the same validity as if a hearing had been held after due notice. The emergency rule or order shall remain in force for not to exceed thirty days from its effective date but shall expire when a rule or order with respect to the subject matter of the emergency rule or order becomes effective after due notice and hearing.
A.R.S. § 27-347 — Arizona Code / Title 27 / Chapter 3 / Article 3 / Section 347
27-347 Construction of ladder-ways
Status: in_force

27-347. Construction of ladder-ways

A. Permanent ladder-ways shall be strong and firmly fastened, and shall be kept in good repair.

B. In a vertical shaft the inspector may, in his discretion, by an order in writing, direct that the ladder be inclined at the most convenient angle which the space where the ladder is fixed allows, and every ladder shall have substantial platforms at intervals of not more than twenty feet. The platform shall be closely covered, with exception of an opening large enough to permit the passage of a human, and shall be arranged so that a person cannot fall from one ladder through the opening to the next ladder.

C. Ladder-ways shall be provided in shafts in the course of sinking them to within a distance from the bottom as will secure them from damage by blasting. From the end of the ladder-ways, portable ladders shall be extended to the bottom of the shaft.
A.R.S. § 27-1251 — Arizona Code / Title 27 / Chapter 6 / Article 3 / Section 1251
27-1251 Submission and contents of reclamation plan
Status: in_force

27-1251. Submission and contents of reclamation plan

A. Beginning January 1, 2007, a person who conducts exploration operations that will create more than five contiguous acres of surface disturbance shall submit a reclamation plan to the state mine inspector.  The reclamation plan shall:

1. Identify the county or counties in which exploration operations will be conducted.

2. State the reclamation measures that will be taken to reclaim access roads, drill pads, drill holes, trenches and other exploration workings where the operator conducts exploration operations in this state.

B. An operator may submit a single reclamation plan covering all new and existing exploration operations in this state.
A.R.S. § 27-565 — Arizona Code / Title 27 / Chapter 4 / Article 2 / Section 565
27-565 Application to purchase royalty oil
Status: in_force

27-565. Application to purchase royalty oil

A. An Arizona refinery business may apply to the department to purchase royalty oil which the department elects to receive from a lessee. The application shall be filed not more than fifteen weeks nor less than thirteen weeks before the date of sale of the royalty oil by the department. The application shall be in the nature of a request and an offer to purchase which becomes irrevocable after the department sends notice of the election to the lessee as provided in section 27-566. The offer may be revoked by the applicant at any time before the date of sale upon the written agreement of the lessee and payment of all costs incurred by the department.

B. The application shall be in a form prescribed by the department containing the following information:

1. The full name and address of the applicant, the location of the refinery and a complete disclosure of the applicant's affiliation with any other petroleum refiner if such relationship exists.

2. The capacity of the refinery to be supplied with refinery oil and the amount, source and grade of all refinery oil currently available to the applicant by purchase.

3. The amount and grade of refinery oil which the applicant desires to purchase.

4. The field or fields which the applicant believes offer a potential source of refinery charge stocks due to quality, the proximity to the refinery and available transportation facilities which the applicant proposes to utilize.

C. The department shall examine each application. If the department finds that the application is incomplete, the department shall so advise the applicant within one week of the date that the application was filed with the department, and the applicant may amend the application within ten days. If the department finds the application to be complete, the department shall so advise the applicant within one week. If the department fails to provide the notice prescribed by this subsection, the application is deemed to be complete.

D. Upon approval of the application, the applicant shall file the bond or other assurances required by the department pursuant to section 27-570.
A.R.S. § 27-555.01 — Arizona Code / Title 27 / Chapter 4 / Article 2 / Section 555.01
27-555.01 Extension of lease due to lack of transportation, processing facilities or market
Status: in_force

27-555.01. Extension of lease due to lack of transportation, processing facilities or market

A. When the owner of an oil and gas lease issued pursuant to this chapter has discovered oil or gas on the leased premises or on lands joined therewith in a cooperative or pooled unit, while the lease is in full force and effect, but is unable to produce oil or gas in paying quantities because of lack of transportation or processing facilities or a market for the oil or gas that would support production in paying quantities, each lease on which there is an oil or gas well or which is part of the cooperative or pooled unit shall be extended beyond the primary term, or any extension of the lease under section 27-555, subsection E, paragraph 1, from year to year, but not to exceed a period of five years, by payment of a shut-in oil or gas royalty of one dollar per acre for the first year, two dollars per acre for the second year and three dollars per acre for the third, fourth and fifth years, payable in advance annually on the anniversary date of the lease. If the payment is made it will be deemed that oil or gas is being procured and produced in paying quantities from the leased premises for such year.

B. To successfully assert shut-in status under subsection A of this section, the owner of the lease must:

1. Complete the well by installing and perforating production casing, by installing a production liner at reservoir depth or by other standard industry practices.

2. File a standard well completion report with the commission indicating an oil or gas discovery.

3. Submit to the department, not later than thirty days before the expiration of the lease, and at or before tendering the first year's shut-in royalties, a copy of the well completion report filed with the commission and the information described in either subdivision (a) or (b) of this paragraph. A well meeting either of the following criteria is considered to be capable of production in paying quantities for the purposes of this section:

(a) A calculation reasonably demonstrating that, as of the date of submission, the monthly proceeds of the well would be expected to exceed the well's monthly operating expenses, if transportation and processing facilities were present and a market existed.  The owner may estimate monthly production based on well test results and any other data the owner considers helpful, estimate the monthly value of that production using approximate then-current pricing and estimate monthly operating expenses for the well based on recent history of comparable wells.  Costs of drilling, completing and equipping the well shall not be considered in the calculation.

(b) Information satisfying any other alternate test that may be adopted by the department for demonstrating capability to produce in paying quantities, if transportation and processing facilities were present and a market existed.

C. If the department considers that the requirements of subsection B of this section have not been met, it has ninety days after receiving the submission required under subsection B, paragraph 3 of this section in which to deny shut-in status by appealable agency order, which must identify with reasonable particularity the basis for the determination that the requirements of subsection B of this section have not been met.  The lease shall remain in effect pending final resolution, whether administrative, judicial or otherwise, as to whether the criteria in subsection B of this section have been met.

D. Subsection B of this section sets forth the full set of information that an owner of a lease must furnish the department with reasonable particularity before the expiration of the lease for which shut-in status is asserted.  To assert shut-in status, further reviews or additional tests or audits shall not be conducted for the owner to be entitled to a lease extension pursuant to this section.

E. This section shall apply to existing oil and gas leases in good standing.
A.R.S. § 27-373 — Arizona Code / Title 27 / Chapter 3 / Article 3 / Section 373
27-373 Cap lamps
Status: in_force

27-373. Cap lamps

Permissible cap lamps shall be required in all underground mines where there is a potential hazard from gas.
A.R.S. § 27-933 — Arizona Code / Title 27 / Chapter 5 / Article 2 / Section 933
27-933 Denials; appeals
Status: in_force

27-933. Denials; appeals

The owner or operator of an exploration operation or mining unit may request a hearing on the state mine inspector's denial of a plan pursuant to title 41, chapter 6, article 10.
A.R.S. § 27-233 — Arizona Code / Title 27 / Chapter 2 / Article 3 / Section 233
27-233 Preferred right to renew mineral lease; evaluation of geologic and economic evidence
Status: in_force

27-233. Preferred right to renew mineral lease; evaluation of geologic and economic evidence

A. Upon application to the state land commissioner, not less than thirty nor more than sixty days prior to the expiration of the lease, if the lessee of mineral lands is not delinquent in the payment of rental or royalty on the date of expiration of the lease, the lessee shall have a preferred right to renew the lease bearing even date with the expiration of the old lease for a term of twenty years. The commissioner may deny the renewal application for any reason listed in section 27-251, subsection B, paragraphs 1 through  5.

B. In determining whether the proposed mining activities would be in the best interest of the trust pursuant to section 27-251, subsection B, paragraph 2, the commissioner may require the lessee to provide geologic and economic evidence showing at least probable or indicated mineral resources, as that evidence is conventionally interpreted in the mineral industry. Evidence provided to the state land department under this subsection is a trade secret of the mineral industry and is confidential pursuant to section 27-274.
A.R.S. § 27-1234 — Arizona Code / Title 27 / Chapter 6 / Article 2 / Section 1234
27-1234 Plan review and evaluation by private consultants
Status: in_force

27-1234. Plan review and evaluation by private consultants

A. Subject to section 38-503 and other applicable statutes and rules, the state mine inspector may contract with a private consultant for the purpose of assisting the inspector in reviewing reclamation plans that are submitted under this chapter to determine whether the plans meet the criteria and requirements of this chapter and the rules adopted by the inspector.

B. The inspector shall pay the consultant for the services rendered from the inspector's appropriation under section 27-1233.
A.R.S. § 27-274 — Arizona Code / Title 27 / Chapter 2 / Article 5 / Section 274
27-274 Trade secrets; confidentiality; definition
Status: in_force

27-274. Trade secrets; confidentiality; definition

A. For the proper administration of state land, the state land commissioner may require a lessee to submit relevant geologic, engineering and feasibility studies and other economic and technical information that is considered a trade secret in the mineral industry.

B. To evaluate the mineral potential of state trust land, the commissioner may use relevant geologic, engineering and feasibility studies and other economic and technical information that is considered a trade secret in the mineral industry.

C. Trade secret information obtained under this section is confidential.

D. For purposes of this section, "trade secret" means information to which all of the following apply:

1. A person has taken reasonable measures to protect the information from disclosure and the person intends to continue to take those measures.

2. The information is not and has not been reasonably obtainable by legitimate means by other persons without the person's consent, other than by governmental entities and other than in discovery based on a showing of special need in a judicial or quasi-judicial proceeding.

3. A statute does not specifically require disclosure of the information to the public.

4. The person has satisfactorily shown that disclosing the information is likely to cause substantial harm to the person's competitive position.
A.R.S. § 27-251 — Arizona Code / Title 27 / Chapter 2 / Article 4 / Section 251
27-251 Application for mineral exploration permit
Status: in_force

27-251. Application for mineral exploration permit

A. Any natural person over eighteen years of age and any other person qualified to transact business in this state may apply to the state land commissioner for a mineral exploration permit on the state land in one or more of the rectangular subdivisions of twenty acres, more or less, or lots, in any one section of the public land survey. Such application shall be in writing and signed by the applicant, or an authorized agent or attorney for the applicant, and shall contain the name and address of the applicant, a description according to the public land survey of the state land for which the applicant seeks a mineral exploration permit, and such other information as the commissioner may prescribe by rule. The application shall be filed with the state land department and shall be accompanied by payment to the department of a filing fee as prescribed pursuant to section 37-107. Each application meeting the requirements of this section shall be stamped by the department with the time and date it is filed with the department. The application shall have priority over any other application for a mineral exploration permit involving the same state land which may be filed with the department subsequent to such time and date, and such land shall be deemed withdrawn as long as the application is pending.

B. Not less than thirty days nor more than forty-five days from the filing of the application with the department, provided there is no prior application for a mineral exploration permit involving the same state land then pending before the department, or if such prior application is then pending but is subsequently cancelled, not more than thirty days after it is cancelled, the department shall mail to the applicant at the address shown on the application a written notice designating the state land that is described in the application and that, at the time the application was filed with the department, was open to application, the amount of rental required to be paid for the mineral exploration permit as herein provided, and whether a bond will be required under the provisions of section 27-255 as a condition to issuance of such permit. If, within thirty days after the mailing of such notice, the applicant pays to the department as rental for the permit the amount of two dollars per acre for each acre of state land designated in the notice and files with the department the bond, if any, required under section 27-255, and if the commissioner finds that issuing the permit is in the best interest of the trust, the commissioner shall issue to the applicant a mineral exploration permit for the state land designated in the notice. The commissioner may deny the application for any of the following reasons:

1. The application was not made in good faith.

2. The proposed exploration or possible future mining activities would not be the highest and best use of the trust lands.

3. The value and income potential of surrounding trust lands would be adversely affected and the benefit from proposed exploration and future mining activity cannot reasonably be expected to be greater than the diminished value to those surrounding trust lands.

4. The proposed operations would violate applicable state or federal law.

5. The commissioner determines that the proposed exploration activities or possible future mining activities will create a liability to the state greater than the income from the proposed operations.

C. During the period such mineral exploration permit is in effect no person except the permittee and the authorized agents and employees of the permittee shall be entitled to explore for minerals on the state land covered by the permit. If the applicant fails to make the payment or furnish the bond within the period of thirty days, the application shall be deemed cancelled and of no further effect.
A.R.S. § 27-517 — Arizona Code / Title 27 / Chapter 4 / Article 1 / Section 517
27-517 Hearings; reporter; fees
Status: in_force

27-517. Hearings; reporter; fees

A. Any interested person shall, by written request, have the right to have the commissioner call a hearing for the purpose of taking action in respect to any matter within the jurisdiction of the commissioner.  Hearings shall be held at the time and place the commissioner directs, and any person having an interest in the subject matter of the hearing may appear and be heard. Upon receipt of the request, the commissioner shall promptly call a hearing, and, not more than thirty days thereafter shall take action with regard to the matter as he deems appropriate. The request for hearing shall be accompanied by a fee of fifty dollars.

B. The commissioner shall prescribe rules of order and procedure in hearings or other proceedings held under this article. The commissioner shall appoint a competent shorthand reporter to be present throughout all public hearings. The reporter shall be sworn by the commissioner faithfully to perform the duties of a reporter. The commissioner shall have the same control and authority over the reporter as the judge of the superior court exercises over a court reporter, and the duties of the reporter shall, insofar as applicable, be the same as those fixed by law for a court reporter.

C. As soon as possible following the hearing the commission shall bill the person requesting the hearing for the total cost of publication for the notices of such hearing and the total cost of the court reporter's fees less the original fifty dollar fee. The requesting party shall within ten days after receipt of the billing by the commission reimburse the commission the amount of money so billed or be subject to the penalties as prescribed in subsection A of section 27-527. The money so collected by the commission shall not be subject to section 27-523 but shall be deposited, pursuant to sections 35-146 and 35-147, by the commission in the fund from which the expenditure was originally made.
A.R.S. § 27-664 — Arizona Code / Title 27 / Chapter 4 / Article 4 / Section 664
27-664 Cooperative development agreements; unitization
Status: in_force

27-664. Cooperative development agreements; unitization

Whenever the commission finds that it is in the interest of the protection of the geothermal resources of this state from unreasonable waste, the lessors, lessees, operators, owners or other persons holding or controlling royalty or other interest in separate properties within the same productive or prospectively productive geothermal area may, with the approval of the commission, enter into agreement for the purpose of bringing about the cooperation, development and operation of all or a portion of the geothermal resources area as a unit, or for the purpose of fixing the time, location and manner of drilling and operating of wells for the production of geothermal resources within such area or portion thereof. Any such agreement shall bind the successors and assigns of the parties thereto and shall be enforceable by the parties thereto by an action for a specific performance. No such agreement, when approved by the commission, shall be held to violate any of the statutes of this state prohibiting monopolies or acts, arrangements, agreements, contracts, combinations or conspiracies in restraint of trade or commerce. Property rights, leases, contracts and all other rights and obligations shall be regarded as amended and modified to the extent necessary to conform to the provisions and requirements of this section.
A.R.S. § 27-654 — Arizona Code / Title 27 / Chapter 4 / Article 4 / Section 654
27-654 Drilling bond; amount; responsibility
Status: in_force

27-654. Drilling bond; amount; responsibility

A. The commission shall require every person who engages in the drilling, ownership or operation of a well, or the entering or deepening of an abandoned well, to file with the commission, on a form to be determined by the commission, a reasonable bond with good and sufficient security conditioned upon the performance of the duties required by this section and the duties upon abandonment, as approved by the commission, of the well in an amount to be determined by the commission.

B. In no case may the bond be less than five thousand dollars for each individual well or less than twenty-five thousand dollars for any number of wells.

C.  The bond shall remain in full force and effect until all requirements of the commission have been satisfied or until otherwise released by the commission.

D. The owner or operator is responsible for the full cost of plugging each dry or abandoned well. If the owner or operator fails to properly plug and abandon the well, the commission may:

1. Forfeit the bond and use the money for that purpose.

2. Sue the owner or operator for costs in excess of the amount of the bond and the owner or operator is liable for that amount.
A.R.S. § 27-569 — Arizona Code / Title 27 / Chapter 4 / Article 2 / Section 569
27-569 Prohibitions on resale
Status: in_force

27-569. Prohibitions on resale

Sale of royalty oil under this article is for processing or use in the purchaser's refineries but not for resale in kind. Agreements providing for the exchange of refinery charge stocks on a volume or equivalent value basis are not a resale in kind prohibited by this section. If an exchange agreement has been entered into or is contemplated with regard to royalty oil available for sale, full information relating to such fact shall be furnished to the department either at the time of filing applications to purchase royalty oil or with the submission of a bid.
A.R.S. § 27-1275 — Arizona Code / Title 27 / Chapter 6 / Article 4 / Section 1275
27-1275 Features excluded from reclamation plan or allowed to remain following reclamation; public protection measures
Status: in_force

27-1275. Features excluded from reclamation plan or allowed to remain following reclamation; public protection measures

A. A reclamation plan may exclude any provision for reclaiming open pits, rock faces or subsidence areas through backfilling or returning material to the open pit, rock face or subsidence area from which it was extracted if it is impracticable and if public access to the open pit, rock face or subsidence area, including any surrounding unstable areas or walls, is restricted by fencing or other institutional controls.

B. The following factors shall be considered in determining whether the reclamation of open pits, rock faces or subsidence areas is impracticable:

1. Cost to perform the reclamation.

2. Topography of the site.

3. Geology and stability of the site.

4. Time required to perform the reclamation.

5. Consumption of resources required to perform the reclamation.

6. Future access to aggregate resources.

7. Regional or local hydrogeology.

C. Buildings and other structures may remain after reclamation if adequate measures are taken to protect public safety.
A.R.S. § 27-567 — Arizona Code / Title 27 / Chapter 4 / Article 2 / Section 567
27-567 Sales of royalty oil
Status: in_force

27-567. Sales of royalty oil

A. The royalty oil which the department receives pursuant to an election under section 27-564 shall be offered for sale by the department at 10:00 a.m. on the date of delivery of the royalty oil to the department.

B. The application fee and procedure for sale shall be as prescribed by title 37, chapter 2 for the sales of state lands.

C. The department shall determine the quantity of royalty oil to be included in each sale, except that for a sale pursuant to an application by an Arizona refinery business, the quantity of each sale shall be the same quantity as applied for in each application.

D. The minimum sales price for the royalty oil shall be the fair market price for the royalty oil on the date of sale.

E. The highest and best bidder is the bidder who offers to pay the greatest amount of money for the royalty oil.  If all bidders offer the same amount for the royalty oil, the Arizona refinery business which applied for the royalty oil shall be declared the highest and best bidder.

F. The department shall declare the highest and best bidder at the conclusion of the public auction.  The commissioner may reject any or all bids offered for the royalty oil at the public auction prior to the acceptance of a final bid, if any, when the commissioner determines that such action is necessary to protect the trust.  A person adversely affected by a decision may appeal the decision to the board of appeals as provided in section 37-215.
A.R.S. § 27-462 — Arizona Code / Title 27 / Chapter 3 / Article 7 / Section 462
27-462 Administration by inspector; rules and regulations
Status: in_force

27-462. Administration by inspector; rules and regulations

The inspector shall administer this chapter and may adopt rules reasonably necessary to effectuate the provisions of this chapter.
A.R.S. § 27-252 — Arizona Code / Title 27 / Chapter 2 / Article 4 / Section 252
27-252 Terms of mineral exploration permit; definition
Status: in_force

27-252. Terms of mineral exploration permit; definition

A. Every mineral exploration permit shall be for a term of one year from the date of issuance, subject to renewals as provided in this article for an aggregate of not to exceed five years from such date, and shall give to the permittee the rights, subject to the terms and conditions, as follows:

1. During the period the permit is in force and effect, the permittee shall have the exclusive right to explore for minerals within the state land covered by the permit and to apply for and obtain a mineral lease or leases to the land.

2. The permittee shall have those surface rights necessary for exploration for mineral on the state land covered by the permit, but may remove from the land only that amount of mineral required by the permittee for sampling, assay and metallurgical testing purposes.

3. The permittee shall have the right of ingress to and egress from the land covered by the permit across other state lands but only along routes first approved by the commissioner.

4. The permittee shall be liable to and shall compensate the owner and lessee of the surface of the state land covered by the permit, or across which the permittee exercises the right of ingress and egress, for any loss to such owner and lessee from damage or destruction caused by the permittee or the permittee's agents or employees to grasses, forage, crops or improvements upon such state land.

5. The permit shall terminate automatically as of the end of any annual period from and after the date of issuance unless during such annual period the permittee expended in exploration for valuable mineral deposits on the state land covered by the permit not less than the amount per acre provided in this article or paid to the department a sum equal thereto, and prior to expiration of such annual period shall have filed with the department an application for renewal for the ensuing annual period, and an affidavit showing such expenditure, together with such other proof in support thereof as the commissioner by rule may prescribe. The amount to be so expended or paid to the department during each of the first two annual periods in which such permit may be in effect shall be not less than ten dollars for each acre of state land covered by the permit at the commencement of such annual period, and the amount to be so expended or paid to the department during each of the last three annual periods in which such permit may be in effect shall be not less than twenty dollars for each acre of state land covered by the permit at the commencement of such annual period. Prior to termination of any such annual period, the permittee may, by instrument in writing filed with the department, release from the permit the acreage covered thereby and contained within one or more rectangular subdivisions of twenty acres, more or less, or lots, according to the lines of the public land surveys.

6. When a permittee has an interest in one or more contiguous properties for which he or she holds a mineral exploration permit, such permittee may group such permits and expend the sum required by this article under a common plan of development on one or more of the properties for the benefit of all if the total area of such contiguous property does not exceed three miles on a side.

7. Upon termination of the mineral exploration permit, other than by issuance of a mineral lease, the permittee shall submit to the department the following information, which shall not include any chemical analysis or other identification of minerals, concerning any drill holes or wells drilled on state land covered by the permit:

(a) Total depth.

(b) Lithologies and depths of lithologic boundaries encountered in the hole.

(c) Logs of surveys made of the hole including gamma ray, resistivity, caliper and deviation surveys.

8. Drill hole information shall be confidential for one year after termination of the permit, and such period of confidentiality shall be extended for an additional year upon the request of the permittee.

9. Any expenditures in exploration for valuable mineral deposits made in excess of the requirements of this article during any annual period of the permit may be credited against expenditure requirements of successive annual periods of the permit.

10. In lieu of making expenditures in exploration, the permittee may elect to make a money payment of the amounts required for expenditures in exploration for valuable mineral deposits to the department.

B. Upon any partial or total relinquishment, or the cancellation or expiration of the permit other than by issuance of a mineral lease, the permittee shall fill any holes, ditches or other excavations, as may be required by the commissioner, and, as far as reasonably possible, reclaim the surface to its former condition.

C. As used in this article, "exploration" means activity conducted upon the state land covered by an exploration permit to determine the existence or nonexistence of a valuable mineral deposit, including but not limited to geological, geochemical or geophysical surveys conducted by qualified experts, and drilling, sampling and excavation, together with the costs of assay and metallurgical testing of samples from such land.
A.R.S. § 27-360 — Arizona Code / Title 27 / Chapter 3 / Article 3 / Section 360
27-360 Precautions against flooding
Status: in_force

27-360. Precautions against flooding

A. When advancing a drift, adit, level or incline toward a mine working that appears to be filled with water, a bore hole shall be kept at least twenty feet in advance of the breast of the drive and also, if necessary, in directions laterally from the course of the drive. The working place shall not exceed ten feet in width and further measures shall be taken which are deemed necessary by the inspector to obviate the danger of a sudden breaking through of water. No raise shall be allowed to approach within ten feet of a portion of a winze or a stope in which there is a dangerous accumulation of water, unless the winze or stope is first unwatered by bailing or pumping, or by means of a bore from the raise. When in the opinion of the inspector there is danger of a sudden inrush of water, additional raises, drifts or other workings shall be constructed as necessary to insure escape of persons from the lower workings. Places for the storage of water in mines shall be constructed to prevent leakage as far as possible and insure the safety of the persons working below them.

B. It is unlawful for an operator to impound water or keep water impounded within a mine in which persons are working below the water so impounded in a manner which endangers the safety of the persons unless the water is impounded by a dam or wall approved by the inspector.
A.R.S. § 27-234 — Arizona Code / Title 27 / Chapter 2 / Article 3 / Section 234
27-234 Rent; royalty; appeal; interest; penalty; lien
Status: in_force

27-234. Rent; royalty; appeal; interest; penalty; lien

A. Before issuing a mineral lease the state land commissioner shall establish the annual land rental for the mineral lease.  The rental shall be based on an appraisal of the land that, for purposes of establishing the rent, shall not include the contributory value of mining. The annual rental:

1. Shall be at least the average rental assessed per acre by the states of Colorado, New Mexico and Utah.  If a state assesses a range of rental rates rather than a single rental rate, the median of the range of rental rates assessed by that state shall be used in calculating the average under this paragraph.

2. Is payable in advance of executing the mineral lease agreement by the commissioner and at the beginning of each annual period thereafter.

B. In addition to the annual rental, a production royalty of at least two per cent is assessed against the gross value of all minerals produced and sold from the mineral lease.  Where processing is performed after the mineral is extracted, the mineral shall be deemed produced and sold when the concentrate or cathode results from that processing.  The royalty rate for each mineral lease shall be based on an appraisal of this state's interest as a lessor in the mineral and shall be established according to the appraisal standard prescribed by subsection C of this section.  The gross value shall be based on the monthly average price of the mineral as quoted by the mineral commodities market and industry trade journals as determined by the commissioner and specified in the lease.  If a mineral does not have a published price quotation, the gross value shall be based on an appraisal that establishes the fair market price of the mineral.  The royalty shall not be based on any hedging or price protection arrangements that may be entered into by the lessee and any of these arrangements shall not be considered in any appraisal that established the fair market price of the mineral.

C. The commissioner shall appraise this state's interest as a lessor in the mineral according to standard appraisal methodology and, to the extent feasible, shall base the appraisal on market royalty rates. The appraisal shall be completed in order to determine whether a royalty rate greater than two per cent of the gross value is required in order to obtain a fair market value for this state's interests as a lessor in the mineral.  The appraisal shall be completed before issuing a mineral lease, at the end of the first year of commercial production and again for each renewal of the lease. If, during the term of the lease, new minerals are produced and sold from the mineral lease, or changes in technology substantially affect the value of this state's interest as a lessor, the commissioner at that time may reappraise that interest and, if appropriate, adjust the royalty rate.

D. For mines existing on state lands on June 8, 1989, the royalty paid under this section shall not be less than the royalty which would have been paid under statutes in effect immediately before June 8, 1989.

E. The costs of all appraisals conducted under this section shall be assessed against the lessee and added to the amount due as rental under this section.

F. The department shall review all property tax assessment information relevant to the mineral lease. The department shall maintain that information on a confidential basis as prescribed by title 42, chapter 2, article 1.

G. Every mineral lease of state land shall require the lessee to make the following records available on an annual basis:

1. Itemized statements of mineral production.

2. Relevant tax records.

3. Additional relevant records pertinent to appraisal, compliance with the lease and mineral production deemed necessary by the commissioner.

H. The information obtained under subsection G, paragraph 2 of this section and any trade secrets are confidential.  For purposes of this subsection, trade secrets are information to which all of the following apply:

1. A person has taken reasonable measures to protect the information from disclosure and the person intends to continue to take those measures.

2. The information is not and has not been reasonably obtainable by legitimate means by other persons without the person's consent, other than by governmental entities and other than in discovery based on a showing of special need in a judicial or quasi-judicial proceeding.

3. A statute does not specifically require disclosure of the information to the public.

4. The person has satisfactorily shown that disclosure of the information is likely to cause substantial harm to the person's competitive position.

I. Mineral lessees shall make monthly royalty payments based on the mineral production activity of the previous month.

J. Appeals of the appraisal decision of the commissioner may be taken pursuant to section 37-215 to the board of appeals, established by section 37-213, which shall affirm, modify or reverse the decision of the commissioner within one hundred eighty days.  Except as provided in section 41-1092.08, subsection H, decisions of the board of appeals under this subsection are subject to judicial review pursuant to title 12, chapter 7, article 6.  As a condition of the appeal, the lessee must continue to make all rental and royalty payments due based on the commissioner's final appraisal decision, and the court shall not stay the commissioner's decision, in whole or in part, pending a final disposition of the case.  The state shall segregate rents and royalties paid while an appeal is pending and shall not distribute such monies to the state general fund or to the trust beneficiaries until the appeal is completed.

K. If a lessee fails to pay rent or royalty, including appraisal costs under subsection C of this section, on or before the date the payment is due, the amount due accrues interest at the rate and in the manner determined pursuant to section 42-1123.  In addition, if it is determined that the failure to pay is not due to reasonable cause, a penalty of five per cent of the amount found to be remaining due shall be added to the rent or royalty for each month or fraction of a month elapsing between the due date and the date on which it is paid.  The total penalty shall not exceed one-third of the rent or royalty remaining due.  The penalty so added to the rent or royalty is due and payable on notice and demand from the commissioner.

L. If any rent, royalty, appraisal assessment, interest or penalty is not paid by the lessee when due, the unpaid amounts constitute a lien from the date the amounts become due on all property and rights to property that belong to the lessee and that are located on state land.
A.R.S. § 27-348 — Arizona Code / Title 27 / Chapter 3 / Article 3 / Section 348
27-348 Shaft stations
Status: in_force

27-348. Shaft stations

Stations or levels shall have a passageway around the working shaft so that crossing over the hoisting compartments may be avoided. Sumps shall be securely covered. At shaft stations a gate or guard rail shall be provided and kept in place across the shaft, except when a cage, skip or bucket is being loaded, but may be temporarily removed for repairs or other operations if proper precaution is taken to prevent danger to persons. The top of the shaft shall be protected by a substantial gate or guard rail.
A.R.S. § 27-1274 — Arizona Code / Title 27 / Chapter 6 / Article 4 / Section 1274
27-1274 Preservation and conservation of soil; exceptions
Status: in_force

27-1274. Preservation and conservation of soil; exceptions

Before creating a surface disturbance that is stated to be reclaimed by revegetation pursuant to a new aggregate mining unit reclamation plan, the owner or operator shall conserve the soil as reasonably available from the area of disturbance to support the stated revegetation on that specific disturbance as necessary to achieve the postaggregate mining land use objectives stated in the reclamation plan, unless the owner or operator demonstrates one or more of the following factors:

1. There is insufficient soil to make recovery practicable.

2. Recovery of the soil is not practicable due to limitations of topography, thickness of soil or other physical, climatic or biological constraints.

3. Direct revegetation of the disturbance, with or without soil amendments, is reasonably expected to be successful.
A.R.S. § 27-1326 — Arizona Code / Title 27 / Chapter 6 / Article 6 / Section 1326
27-1326 Violation; classification
Status: in_force

27-1326. Violation; classification

A. Beginning January 1, 2007, an owner or operator of an exploration operation or aggregate mining unit shall not:

1. Cause a surface disturbance at an exploration operation or aggregate mining unit in violation of this chapter.

2. Fail or refuse to conduct reclamation according to the terms of a reclamation plan authorized by this chapter.

B. A person who violates this section is guilty of a class 2 misdemeanor.
A.R.S. § 27-235 — Arizona Code / Title 27 / Chapter 2 / Article 3 / Section 235
27-235 Offering permits and leases at auction; terms of lease; financial security termination
Status: in_force

27-235. Offering permits and leases at auction; terms of lease; financial security termination

A. The state land commissioner may offer mineral exploration permits or mineral leases at public auction, after advertising, for state lands on which a mineral exploration permit or mineral lease has been cancelled, terminated or not been renewed by the lessee or permittee, or may offer mineral exploration permits at public auction, after advertising, for state trust lands that have been closed by commissioner's order. The commissioner may establish by rule the procedure for conducting the auction, but bidding is limited to a cash bonus to be paid in full before the commissioner executes the permit or the lease documents. The land rental and royalty rate are not subject to bidding.

B. Every mineral lease of state lands shall be for a term of twenty years.

C. The lease shall confer the right:

1. To extract and ship minerals from the leased land located within planes drawn vertically downward through the exterior boundary lines of the leased land.

2. To use as much of the surface as required for purposes incident to mining.

3. Of ingress to and egress from other state lands, whether or not leased for purposes other than mining.

D. Every mineral lease of state lands shall provide for:

1. The development and use of the property according to the lessee's general mining plan approved by the commissioner.

2. The fencing of all shafts, exploration holes, adits, tunnels and other dangerous mine workings for the protection of public health and safety and livestock.

3. The construction of necessary improvements and installation of necessary machinery and equipment with the right to remove it upon expiration, termination or abandonment of the lease, if the lessee is not in default of the terms and conditions of the lease.

4. The right of the lessee and the lessee's assigns to transfer the lease.

5. Termination of the lease by the commissioner upon written notice specifically setting forth the default for which forfeiture is declared, and preserving the right to cure the default within a stated period of not less than thirty days.

E. If financial security is required under this subsection, it shall be in the form of a cash deposit, a certificate of deposit, a surety bond or any other form of financial assurance acceptable to the commissioner. On default, the commissioner may use the proceeds of the financial security for the purposes described in paragraph 1, 2 or 3 of this subsection. Financial security may be required in the following circumstances:

1. The commissioner may require financial security to guarantee the payment of all monies due under the lease as royalty to this state.

2. The commissioner shall require financial security in a reasonable amount to be fixed by the commissioner conditioned on the lessee's reclaiming the surface of the land described in the lease to a reasonable condition in accordance with the reclamation measures approved by the commissioner. The commissioner may enter into agreements pursuant to title 11, chapter 7, article 3 with the state mine inspector's office, the United States bureau of land management, the United States forest service and other agencies that manage public lands and take other appropriate measures to coordinate the review and approval of reclamation plans, including designating a lead agency for reclamation plan review and action. The commissioner shall avoid redundant, inconsistent or contradictory reclamation, inspection, administration, enforcement and financial assurance requirements unless such requirements are necessary as a result of the commissioner's trust obligations.

3. The commissioner shall require financial security conditioned on the lessee's prompt payment to the owner or lessee of the surface of the state land described in the lease, or across which the lessee exercises the right of ingress, for any loss to the owner or lessee from damage or destruction caused by the lessee or the lessee's agents or employees to grass, forage, crops or improvements on the land.

F. The lessee of any mineral lease who has met the applicable terms and conditions of the lease from the time of issuance to the time of termination, as determined by the commissioner, may terminate the lease at any time during its term by giving the commissioner thirty days' written notice of the termination.
A.R.S. § 27-362 — Arizona Code / Title 27 / Chapter 3 / Article 3 / Section 362
27-362 Order for inspection
Status: in_force

27-362. Order for inspection

A. When an action is commenced to recover the costs and expenses of draining lodes or mines, the court shall grant an order allowing plaintiff to inspect the lodes or mines claimed to have been drained upon application and affidavit that the inspection is necessary for proper preparation of the action for trial.

B. The order shall designate the number of persons, not exceeding three besides plaintiff, to make the examination and they may cause the removal of rock, debris or other obstacles in a lode or vein when removal is shown necessary to a just determination of the claim.
A.R.S. § 27-538 — Arizona Code / Title 27 / Chapter 4 / Article 1.1 / Section 538
27-538 Federal taxation
Status: in_force

27-538. Federal taxation

Any unit agreement approved by the commission shall contain language suggested by the internal revenue service under I.T. 3930 and I.T. 3948 so that owners in the unitized area will not be held taxable as a corporation.
A.R.S. § 27-121 — Arizona Code / Title 27 / Chapter 1 / Article 2 / Section 121
27-121 Qualifications of state mine inspector; affidavit; continuing education; deputy inspectors; salary; seal; immunity
Status: in_force

27-121. Qualifications of state mine inspector; affidavit; continuing education; deputy inspectors; salary; seal; immunity

A. The state mine inspector shall be a resident of this state at least two years before election, be at least thirty years of age and have been practically engaged in and acquainted with mines and mining in this state. The state mine inspector shall have at least eight years' experience, four or more of which have been in this state, consisting of direct operational or management experience with mining operations at a mine and shall have knowledge of the state and federal regulations involving the health and safety of mining employees.

B. Any person desiring to become a candidate for the office of state mine inspector shall sign an affidavit listing and attesting to the person's fulfillment of the qualifications of this section and shall file the affidavit with the nomination paper prescribed by section 16-311, 16-312 or 16-341.

C. For terms of office beginning in 2023 and after, the state mine inspector shall annually complete continuing education on state and federal mine safety and health regulations.

D. A person may not be the state mine inspector or a deputy inspector while serving as an employee, director or officer of a mining, milling or smelting company.

E. The state mine inspector and each deputy inspector shall devote full time to official duties.

F. The state mine inspector shall receive an annual salary pursuant to section 41-1904 and necessary traveling expenses when traveling in discharge of official duties.

G. The state mine inspector shall have a seal bearing the words "Mine Inspector, State of Arizona", which shall be affixed to official documents.

H. Any claim or action against the state mine inspector, deputy inspectors or the inspector's agents or employees in their official capacity as described in this title shall be brought against the state of Arizona and not against the state mine inspector, deputy inspector, agent or employee individually.
A.R.S. § 27-503 — Arizona Code / Title 27 / Chapter 4 / Article 1 / Section 503
27-503 Waste of oil or gas prohibited; powers of commissioner to prevent waste
Status: in_force

27-503. Waste of oil or gas prohibited; powers of commissioner to prevent waste

A. Waste of oil or gas is unlawful and is prohibited.

B. The commissioner shall make inquiries he deems proper to determine whether waste exists or is imminent. In the exercise of such power the commissioner may:

1. Collect data.

2. Make investigations and inspections.

3. Examine property, leases, papers, books and records, including drilling records and logs.

4. Examine, check, test and gauge oil and gas wells, tanks, refineries and modes of transportation.

5. Hold hearings.

6. Require keeping of records and making of reports.

7. Take action he deems necessary to enforce and effectuate the provisions of this article.

C. The commissioner may in order to prevent waste and avoid drilling unnecessary wells, permit the cycling of gas in any pool or portion thereof or the introduction of gas or other substance into an oil or gas reservoir for the purpose of repressuring the reservoir, maintaining pressure or carrying on secondary recovery operations of any type. The commissioner shall permit the pooling or integration of separate tracts when reasonably necessary in connection with the operations.
A.R.S. § 27-222 — Arizona Code / Title 27 / Chapter 2 / Article 2 / Section 222
27-222 Acknowledgment of contribution by delinquent co-owner
Status: in_force

27-222. Acknowledgment of contribution by delinquent co-owner

A. If the delinquent co-owner, within the time required by the laws of the United States, contributes his proportion of the expenditures, the co-owner, who demanded contribution shall sign and deliver to the delinquent co-owner a written statement that the delinquent, naming him, has, within the time required, contributed his share of the expense for the year upon the claim, and further stating the district, county and state wherein the claim is located and the recording information where the location notice is recorded. The statement shall be recorded.

B. If the co-owner who demanded contribution fails to sign and deliver the statement to the delinquent co-owner within twenty days after contribution is made, he shall be liable to the delinquent for a penalty of one hundred dollars. The delinquent, with two disinterested persons having personal knowledge of the contribution, may make an affidavit setting forth the manner, amount, to whom and upon what mining claim or claims the contribution was made. The affidavit may be recorded, and shall be prima facie evidence of the contribution.
A.R.S. § 27-1203 — Arizona Code / Title 27 / Chapter 6 / Article 1 / Section 1203
27-1203 Exemption for state lands; agreements for coordination with other governmental agencies and landowners
Status: in_force

27-1203. Exemption for state lands; agreements for coordination with other governmental agencies and landowners

A. This chapter does not apply to any activity that occurs on state land and that is regulated pursuant to chapter 2, article 5 of this title.

B. The state mine inspector may enter into agreements pursuant to title 11, chapter 7, article 3 with the state land department, the United States bureau of land management, the United States forest service and other agencies that manage public lands and take other appropriate measures to coordinate the review and approval of reclamation plans, including designating a lead agency for reclamation plan review and action.  The inspector shall avoid redundant, inconsistent or contradictory reclamation, inspection, administration, enforcement and financial assurance requirements.
A.R.S. § 27-1202 — Arizona Code / Title 27 / Chapter 6 / Article 1 / Section 1202
27-1202 Coordination of programs and activities
Status: in_force

27-1202. Coordination of programs and activities

A. The state mine inspector shall employ staff who have the necessary and appropriate experience in aggregate mining and reclaiming aggregate mined lands.

B. Except as provided by subsection C, the authority to administer aggregate mined land reclamation is conferred on the state mine inspector as provided in this chapter.

C. Subsection B of this section does not apply to a city or town that adopted an ordinance before January 1, 2005 requiring aggregate mined land reclamation.  This section does not affect the legal status of nonconforming uses in a city or town.

D. The requirements of a reclamation plan under this chapter and a floodplain use regulation for the same aggregate mining unit or exploration operation, including any financial assurance requirements, shall not contradict or be redundant or inconsistent with the requirements of this chapter.

E. This chapter does not supersede the requirements of a county flood control district to maintain stability and the flood carrying capacity of the floodplain.

F. This chapter does not supersede the requirements of title 49 or any other applicable federal, state or local law.
A.R.S. § 27-524 — Arizona Code / Title 27 / Chapter 4 / Article 1 / Section 524
27-524 Enforcement
Status: in_force

27-524. Enforcement

A. When it appears that a person is violating or threatening to violate any provision of this article, or a rule, regulation or order made pursuant to this article, and such person fails or refuses, on notice by the commissioner, to desist from such violation or threat of violation, the commissioner may bring an action in the superior court where the offending person resides, or in the county in which violation is alleged to have occurred or is threatened, to restrain the person from continuing the violation or from carrying out a threat of violation.

B. The commissioner may without bond obtain a prohibitory or mandatory injunction, including a temporary restraining order and preliminary injunction, and, where appropriate, an injunction restraining defendant from moving or disposing of illegal oil or gas or illegal product. Upon filing the action, summons directed to such person may be delivered to the sheriff of any county in this state for service.

C. If the commissioner fails to bring action within ten days to enjoin a threatened or actual violation of any statute relating to conservation of oil and gas, or of any provision of this article, or a rule, regulation or order made pursuant to this article, any person or party in interest adversely affected by the threatened or actual violation who has notified the commissioner in writing thereof and requested the commissioner to file the action may bring the action in the superior court of any county in which the commissioner might have brought the action to prevent the threatened or actual violation. The commissioner shall be made a party to the action.

D. If the court orders that injunctive relief be granted, then the commissioner shall be substituted for the person who brought the action, and the injunction shall issue as if the commissioner had at all times been plaintiff.

E. The owner or operator is responsible for the full cost of plugging each dry or abandoned well. If the owner or operator fails to properly plug and abandon the well, the commission may:

1. Forfeit the bond and use the money for that purpose.

2. Sue the owner or operator for costs in excess of the amount of the bond and the owner or operator is liable for that amount.
A.R.S. § 27-570 — Arizona Code / Title 27 / Chapter 4 / Article 2 / Section 570
27-570 Bond and penalties; waiver
Status: in_force

27-570. Bond and penalties; waiver

A. If the department requires a bond to guarantee performance by the buyer, the amount shall be based on the average price of royalty oil sold in this state during the preceding month. If no royalty oil was sold in this state during the preceding month, the amount of the bond shall be established by the commissioner based upon the prevailing market price for refinery charge stocks of similar composition sold in Arizona or in a surrounding state or states, or upon the national average sales price for such refinery charge stocks, whichever is greater.

B. The department may execute on the bond for all unpaid department costs and losses.

C. The department may waive the requirement for a bond on assurances made by the applicant satisfactory to the department.
A.R.S. § 27-520 — Arizona Code / Title 27 / Chapter 4 / Article 1 / Section 520
27-520 Judicial review; procedures
Status: in_force

27-520. Judicial review; procedures

A. Except as provided in subsection B of this section and section 41-1092.08, subsection H, any party aggrieved by any final action of the commission is entitled to judicial review pursuant to title 12, chapter 7, article 6.

B. An action involving a test of the validity of this article or a rule or order shall be advanced for trial and determined as expeditiously as possible, and no postponement or continuance shall be granted unless deemed imperative by the court.
A.R.S. § 27-551 — Arizona Code / Title 27 / Chapter 4 / Article 2 / Section 551
27-551 Definitions
Status: in_force

27-551. Definitions

In this article, unless the context otherwise requires:

1. "Arizona refinery business" means a firm which markets in this state the product refined from royalty oil purchased under this article and which either owns and controls an oil refinery located within this state or is an Arizona corporation which owns an oil refinery in the United States located within one hundred miles of this state.

2. "Completion operations" means work performed in an oil or gas well after the well has been drilled to the point where the production string of casing is to be set, including setting the casing, perforating, artificial stimulation, production testing and equipping the well for production, all prior to the commencement of the actual production of oil or gas in paying quantities, or in the case of an injection or service well, prior to when the well is ready for use, or in the case of a dry hole, prior to when the well is plugged and abandoned.

3. "Department" means the state land department.

4. "Drilling operations" means any work or actual physical or mechanical operations undertaken or commenced in good faith for the purpose of bringing about the production of oil or gas in paying quantities, including the preparation of drill sites, followed diligently and in reasonable due course by the mobilization of a drilling rig and other necessary structures for the drilling of an oil or gas well and by actual drilling in the ground.

5. "Lease" means an oil and gas lease issued, extended or amended pursuant to the provisions of this article.

6. "Lessee" means the holder of an oil and gas lease issued pursuant to this article and includes any assignee of an original lessee.

7. "Oil and gas" and "oil or gas" includes oil, gas, other hydrocarbon substances, and helium or other substances of a gaseous nature.

8. "Produced" includes the words "procured and produced".

9. "Refinery charge stocks" means crude oil, liquid petroleum or gas condensate and blends of such products and all other products charged or chargeable to petroleum refinery facilities.

10. "Reworking operations" means work performed at any depth on a well after its initial completion in an effort to secure production where there has been none, or to restore production that has ceased or to increase production.

11. "Royalty oil" means crude oil, liquid petroleum products or gas condensates from wells or lease plants or a mixture of such products.

12. "State lands" means any land or any interest therein owned or held in trust or otherwise by the state, including but not limited to leased school or university lands.

13. "Surface lease" means a lease on the surface of any state land for grazing, agricultural, commercial or homesite purposes.

14. "Surface lessee" means the holder of a lease on the surface of any state land for grazing, agricultural, commercial or homesite purposes.
A.R.S. § 27-372 — Arizona Code / Title 27 / Chapter 3 / Article 3 / Section 372
27-372 Uranium operations; testing for radon daughters
Status: in_force

27-372. Uranium operations; testing for radon daughters

In all uranium operations the operator shall test regularly for radon daughter concentration and submit such records of testing as may be required to the inspector.
A.R.S. § 27-208 — Arizona Code / Title 27 / Chapter 2 / Article 1 / Section 208
27-208 Affidavit of annual work; affidavit of claim maintenance fee payment; fees
Status: in_force

27-208. Affidavit of annual work; affidavit of claim maintenance fee payment; fees

A. Before December 31 of any year in which the performance of annual labor or making improvements or the payment of claim maintenance fees on a mining claim is required, the person on whose behalf the work or improvement or payment was made, or the person's representative, knowing the facts, may make and record in the office of the county recorder of the county in which the claim is located an affidavit of annual work or an affidavit of claim maintenance fee payment.

B. The affidavit of annual work must state in substance the following:

State of Arizona, county of ____________________ ss: _________________________________, being duly sworn, deposes and says that: I am a citizen of the United States and at least eighteen years of age. I reside at ____________________, in _________________ county, Arizona. I am personally acquainted with the mining claim known as ___________________ mining claim, situated in _________________ mining district, ______________ county, Arizona, the location notice of which is recorded in the office of the county recorder of that county at [county recorder information].  Between the _____________ day of _______________, _________________, and the _______________ day of ___________________, ___________________, at least _________________________ dollars worth of work and improvements were done and performed on the claim, not including the location work of the claim. Such work and improvements were made by and at the expense of ___________________________, owners of the claim, for the purpose of complying with the laws of the United States pertaining to assessment or annual work, and _______________________________________ (here name the miners or persons who worked on the claim) were the persons who are employed by the owner and who labored on the claim, doing the work and improvements as follows: (Here describe the work done and add signature and verification.)

C. The affidavit of claim maintenance fee payment must state in substance the following:

State of Arizona, county of ____________________ ss: _________________________________, being duly sworn, deposes and says that: I am a citizen of the United States and at least eighteen years of age. I reside at ____________________, in ___________________ county, Arizona.  I am personally acquainted with the mining claim known as ______________________ mining claim, situated in __________________ mining district, ______________ county, Arizona, the location notice of which is recorded in the office of the county recorder of that county at [county recorder information]. A claim maintenance fee of _________________________ dollars was paid by or at the expense of ___________________________, owners of the claim, instead of recording an affidavit of annual work for the purpose of complying with the laws of the United States and holding the claim. (Here add signature and verification.)

D. The affidavit of annual work or the affidavit of claim maintenance fee payment when recorded shall be prima facie evidence of the performance of the labor or improvements or of claim maintenance fee payment.  Any affidavit shall include, if known to the locator, the identification of the section, township and range in which the notice of location of the claim is posted.

E. When annual work or improvements or claim maintenance fee payment is done on one or more of a contiguous group of claims for the benefit of all, or wholly or partly outside of a contiguous group of claims for the benefit of all, all claims may be included in a single affidavit.

F. For each separate affidavit of annual work or affidavit of claim maintenance fee payment recorded, the county recorder, by the tenth day of each month, shall forward to the state treasurer for deposit in the state general fund four dollars of each total fee collected pursuant to section 11-475 during the previous month.
A.R.S. § 27-425 — Arizona Code / Title 27 / Chapter 3 / Article 5 / Section 425
27-425 Open pits; fencing or blocking
Status: in_force

27-425. Open pits; fencing or blocking

Those portions or places of open pits which border on inhabited places frequented by the public shall be fenced or otherwise blocked off.
A.R.S. § 27-674 — Arizona Code / Title 27 / Chapter 4 / Article 4 / Section 674
27-674 Assignment of lease; recording
Status: in_force

27-674. Assignment of lease; recording

A. In event of the assignment of a lease as to a segregated portion of the land, the rentals payable shall be apportioned between the portions according to the surface area of each. If the lease is assigned in whole or in part, liability for the breach of any obligation under the lease shall rest exclusively upon the owner of the lease or portion thereof who commits the breach.

B. All leases issued under the provisions of this article may be assignable in whole or in part. Assignments may not be made without the prior written approval of the department. The department may consider an application to assign a part of the lease in the same manner as if it were an original application to lease.

C. All assignments shall be on forms and made in the manner prescribed by the department. The department shall retain in its files executed duplicate originals of all issued leases and of all assignments. All leases and assignments shall be recorded, as other leases are recorded, in tract books kept for that purpose by the department.

D. All leases on file and all assignments filed with the department shall be constructive notice to all persons of their contents.
A.R.S. § 27-953 — Arizona Code / Title 27 / Chapter 5 / Article 3 / Section 953
27-953 Approval; criteria
Status: in_force

27-953. Approval; criteria

The state mine inspector shall approve a reclamation plan for exploration operations within sixty days after receiving a complete plan if the plan provides for the reclamation of surface disturbances at the exploration operations according to the following requirements, as applicable:

1. Exploration access roads that the operator constructs and that will not be part of a post-exploration use shall be reclaimed in a timely manner after the exploration is completed. If a governmental unit or agency will accept dedication or conveyance of an access road, reclamation is not required. Reclamation shall include removing culverts, restoring drainage to its general predisturbance configuration, ripping the road surface to reduce compaction and aid revegetation and controlling access of motorized vehicles to the reclaimed area.

2. Holes that are drilled for mineral exploration purposes, unless completed for water monitoring, withdrawal or other use, shall be plugged, sealed or capped promptly after their use is completed as prescribed by rule by the department of water resources and as necessary to ensure the safety of persons, domestic animals, livestock and machinery in the area.

3. Drill pads shall be reshaped promptly after completion of drilling to prevent erosion and to establish contours that are generally compatible with the adjacent areas or shall be ripped to reduce compaction and aid revegetation and, if appropriate, seeded to minimize erosion.

4. Mud pits that are used for drilling fluids and produced waters shall be reclaimed after hazardous substances are removed and disposed of, if necessary, and after they are sufficiently dry by reshaping to contours that are generally compatible with the adjacent areas. If it is appropriate to the area, suitable growth media shall be spread and seeded over the pit area.

5. Exploration trenches and pits shall be backfilled and reclaimed as soon as practicable as prescribed in the reclamation plan. If the trench or pit will remain open, measures shall be taken to stabilize the sides to address erosion control and to restrict access. Trench and pit reclamation shall include backfilling, reshaping to contours generally compatible with the adjacent areas and, if appropriate for the area, seeding to reestablish vegetation.

6. Areas that have been cleared by blading with mechanized equipment during exploration operations shall be reshaped after exploration is completed, unless used for a post-exploration use, to be generally compatible with the adjacent area. Compacted areas shall be ripped to aid revegetation.
A.R.S. § 27-312 — Arizona Code / Title 27 / Chapter 3 / Article 1 / Section 312
27-312 Safety equipment
Status: in_force

27-312. Safety equipment

A. All persons working in operations shall wear approved type head, foot and eye protection when in the work area and such other safety equipment as is designated by the operator.

B. Equipment placed in an operation for the purpose of safety shall not be removed by anyone nor utilized except for the purpose intended.
A.R.S. § 27-238 — Arizona Code / Title 27 / Chapter 2 / Article 3 / Section 238
27-238 Existing leases
Status: in_force

27-238. Existing leases

Every mineral lease issued under this article and article 4 of this chapter which had not expired or been terminated by the department as of June 8, 1989 shall be in effect for the unexpired term for which it was granted. The state land commissioner shall set the rental and royalty according to the appraisal standards prescribed by section 27-234 for any mineral lease in effect on June 8, 1989 and that rental and royalty are effective as of December 10, 1987.
A.R.S. § 27-411 — Arizona Code / Title 27 / Chapter 3 / Article 4 / Section 411
27-411 Definitions
Status: in_force

27-411. Definitions

In this article, unless the context otherwise requires:

1. "Dust prevention practices" includes ventilation, suction or exhaust methods of removing dust, wet methods for settling dust, and the use of respirators when the condition or exposure is temporary or intermittent, and other means of removing or settling dust from mine air as approved by the state mine inspector.

2. A "hazardous dust or gas condition" shall exist when the breathing zone of an employee while engaged in the performance of his work contains higher concentration limits of toxic dust and fumes, mineral dusts, and gases than specified by the state mine inspector in the rules and regulations. Dust counts shall be determined in accordance with techniques prescribed by the inspector and shall be made when necessary.

3. "Respirators" means only those respirators approved by the United States bureau of mines or which may be approved hereafter by the United States bureau of mines and by the state mine inspector.

4. "Breathing zone", in the case of persons wearing respirators, is the air space created after the passage of air through the protective device.
A.R.S. § 27-349 — Arizona Code / Title 27 / Chapter 3 / Article 3 / Section 349
27-349 Tracks and roadbeds; maintenance underground
Status: in_force

27-349. Tracks and roadbeds; maintenance underground

When mechanical haulage is in an underground mine, the tracks, roadbeds, rails, joints, switches and frogs shall be constructed, installed, bonded and maintained in a manner consistent with the speed and type of haulage operation being conducted.
A.R.S. § 27-1323 — Arizona Code / Title 27 / Chapter 6 / Article 6 / Section 1323
27-1323 Enforcement action on reclamation plan approval
Status: in_force

27-1323. Enforcement action on reclamation plan approval

A. The state mine inspector may suspend, withdraw or revoke a reclamation plan approval if the inspector determines that the facility is in violation of any rule adopted pursuant to this chapter.

B. Any action taken under this section shall comply with the requirements of title 41, chapter 6, article 10.
A.R.S. § 27-504 — Arizona Code / Title 27 / Chapter 4 / Article 1 / Section 504
27-504 Drilling units; rules and regulations; exceptions
Status: in_force

27-504. Drilling units; rules and regulations; exceptions

A. For the prevention of waste, to protect and enforce the correlative rights of owners in a pool, and to avoid augmentation and accumulation of risks arising from drilling an excessive number of wells, or reduced recovery which might result from too small a number of wells, the commission shall, after a hearing, establish a drilling unit or units for each pool. The establishment of a unit for gas shall be limited to the production of gas.

B. Each well permitted to be drilled on a drilling unit shall be drilled under the applicable rules and regulations and in accordance with the applicable spacing pattern prescribed by the commission. Exceptions to the rules and spacing pattern may be granted where it is shown, after notice and hearing, that the unit is partly outside the pool or, for some other reason, a well so located on the unit would be non-productive. Exceptions permitting a proposed well to be drilled on an unorthodox location may be granted on the basis of topography or terrain without notice or hearing.

C. If an exception is granted, the commission shall take action which will offset any advantage which the person securing the exception may have over other producers by reason of drilling the well as an exception, and so that drainage from developed units to the tract with respect to which the exception is granted will be prevented or minimized, and the producer of the well drilled as an exception will be allowed to produce no more than a just and equitable share of the oil and gas in the pool.
A.R.S. § 27-353 — Arizona Code / Title 27 / Chapter 3 / Article 3 / Section 353
27-353 Safety cage and catches
Status: in_force

27-353. Safety cage and catches

A. It is unlawful for the operator of a mine to permit hoisting or lowering persons in a shaft deeper than three hundred feet except shafts in process of sinking, unless an iron-bonnetted safety cage equipped with gates at least five feet in height is used for hoisting and lowering the persons. Every cage or skip used for hoisting persons shall be provided with a safety catch of sufficient strength to hold the cage or skip with its maximum load at any point in the shaft in the event the hoisting cable breaks. The inspector shall require that cages and skips be equipped as required by this section and that on all cages the safety catches are kept well oiled and in good working condition.

B. In a shaft less than three hundred feet deep where no safety cage is used, and where cross-heads are used, platforms for employees to ride upon equipped with safety catches as required for cages and skips shall be provided.

C. Skips, the capacity of which exceeds five tons, running on steel guides in shafts designed primarily for the hoisting of rock, need not be equipped with safety catches. Such skips, however, shall be equipped with a platform and bonnet for the protection of the persons, who, as provided in this article, may legally ride the skips. Only persons engaged in shaft maintenance, pumpmen, skiptenders, supervisors and inspectors shall be permitted to be hoisted or lowered in such skips. No person, including those specifically mentioned in this paragraph, shall be permitted to ride a loaded skip.
A.R.S. § 27-668 — Arizona Code / Title 27 / Chapter 4 / Article 4 / Section 668
27-668 Leasing state lands for development of geothermal resources
Status: in_force

27-668. Leasing state lands for development of geothermal resources

A. The department may lease state lands for the development of geothermal resources and sell geothermal resource leases as provided in this article.

B. The department may prescribe rules and regulations necessary and appropriate to carry out the purposes of this section and to protect the environment and provide for multiple, dominant or single use in the best interest of the state.
A.R.S. § 27-1228 — Arizona Code / Title 27 / Chapter 6 / Article 2 / Section 1228
27-1228 Transferring an approved reclamation plan
Status: in_force

27-1228. Transferring an approved reclamation plan

A. A reclamation plan may be transferred from one person to another, by operation of law or otherwise, if the current owner or operator notifies the state mine inspector in writing before the transfer.  The notice shall include:

1. The name, address, telephone number and statutory agent of the person to whom the plan will be transferred.

2. The effective date of the proposed transfer.

3. A proposed financial assurance mechanism.

4. Other information the inspector may determine to be necessary by rule.

B. The inspector may deny a transfer on determining that the proposed financial assurance mechanism does not comply with article 5 of this chapter or that the transferee is not capable of operating in compliance with this article, the rules adopted pursuant to this article or the conditions established in the plan.  The inspector shall issue notice of and the reasons for the denial within fifteen days after receiving the proposed transfer. Except as provided in section 41-1092.08, subsection H, a final administrative denial of the plan transfer is subject to judicial review pursuant to title 12, chapter 7, article 6.

C. On receiving the approved financial assurance mechanism from the transferee the inspector shall release the financial assurance mechanism provided by the transferor.
A.R.S. § 27-602 — Arizona Code / Title 27 / Chapter 4 / Article 3 / Section 602
27-602 Extension of expiration date
Status: in_force

27-602. Extension of expiration date

The governor is authorized, for and in the name of the state, to execute agreements for the further extension of the expiration date of the interstate compact to conserve oil and gas, and to determine if and when it is to the best interest of the state to withdraw from the compact following a sixty-day notice as provided by its terms. In the event of withdrawal, the governor may in his discretion effect the reentry of the state into the compact as provided in this article.
A.R.S. § 27-995 — Arizona Code / Title 27 / Chapter 5 / Article 5 / Section 995
27-995 Incremental financial assurance
Status: in_force

27-995. Incremental financial assurance

An owner or operator may provide financial assurance under this article on an incremental basis for planned surface disturbances described in the reclamation plan.
A.R.S. § 27-352 — Arizona Code / Title 27 / Chapter 3 / Article 3 / Section 352
27-352 Inspection and construction of hoists
Status: in_force

27-352. Inspection and construction of hoists

A. Hoisting machinery, cables and sheaves shall be inspected once every twenty-four hours by a competent person appointed by the operator for that purpose, and the person making the inspection shall immediately report in writing to the operator all defects found.

B. Ropes or cables used for hoisting purposes shall be of approved quality and manufacture. In shafts and winzes over two hundred feet deep, wire ropes or cables only shall be used for hoisting purposes.

C. Head frames where persons are hoisted at a speed of over two hundred fifty feet per minute and where more than twenty-five persons are employed shall be constructed to allow at least twenty-five feet above the hoist landing stage in which the cage, skip or bucket can travel freely in case of an overwind.
A.R.S. § 27-930 — Arizona Code / Title 27 / Chapter 5 / Article 2 / Section 930
27-930 Public disclosure of information; definition
Status: in_force

27-930. Public disclosure of information; definition

A. The state mine inspector shall make available to the public any records, reports or information obtained or prepared by the inspector, unless a notice accompanying the information or any part of the information states that the information is a trade secret or is otherwise confidential to the party's competitive position.

B. If the inspector, on his own or following a request for disclosure, disagrees with the trade secret or confidential notice, the inspector may request the attorney general to seek a court order authorizing disclosure. If a court order is sought, the party shall be served with a copy of the court filing and has twenty business days from the date of service to request a hearing on whether a court order should be issued. The hearing shall be conducted in camera, and any order resulting from the hearing is appealable as provided by law. The inspector may not disclose the confidential information until a court order authorizing disclosure has been obtained and becomes final. The court may award costs of litigation including reasonable attorney and expert witness fees to the prevailing party.

C. The inspector shall make available to the public the following information obtained from any person pursuant to this chapter:

1. The name and address of any plan applicant.

2. The proposed post-mining land use or uses.

3. A general description of the proposed reclamation measures.

D. The inspector may disclose, with an accompanying confidentiality notice, any records, reports or information obtained by the inspector or employees of the division of mined land reclamation to:

1. Other state employees concerned with administering this chapter or if the records, reports or information is relevant to any administrative or judicial proceeding under this chapter.

2. Employees of the United States environmental protection agency if the information is necessary or required to administer and implement or comply with federal statutes or regulations.

E. For purposes of this section, "trade secret" means information to which all of the following apply:

1. A person has taken reasonable measures to protect the information from disclosure and the person intends to continue to take those measures.

2. The information is not and has not been reasonably obtainable by legitimate means by other persons without the person's consent, other than by governmental entities and other than in discovery based on a showing of special need in a judicial or quasi-judicial proceeding.

3. A statute does not specifically require disclosure of the information to the public.

4. The person has satisfactorily shown that disclosure of the information is likely to cause substantial harm to the person's competitive position.
A.R.S. § 27-501 — Arizona Code / Title 27 / Chapter 4 / Article 1 / Section 501
27-501 Definitions
Status: in_force

27-501. Definitions

In this article, unless the context otherwise requires:

1. "Certificate of clearance" means a permit approved and issued or registered by the commission for transportation or delivery of oil, gas or oil and gas products.

2. "Certificate of compliance" means a certificate issued by the commission prior to connection of an oil or gas well with a pipeline, showing compliance with the conservation laws of this state and conservation rules and orders of the commission.

3. "Commission" or "commissioner" means the oil and gas conservation commission.

4. "Completed well" means a well that meets any of the following conditions:

(a) Has produced or is ready to produce new formation hydrocarbons or gases.

(b) Has been declared a dry hole or plugged and abandoned.

(c) Has been otherwise readied for operation as in the case of injection and service wells.

5. "Developed area" or "developed unit" means a drainage unit having a completed well capable of producing oil or gas in paying quantities.

6. "Drainage unit" or "drilling unit" means the maximum area in a pool which may be drained efficiently by one well to produce the reasonable maximum amount of recoverable oil or gas in the area.

7. "Field" means the general area which is or appears to be underlaid by not less than one pool, including underground reservoirs containing oil or gas, or both.

8. "Fund" means the state general fund.

9. "Gas" means natural gas, casinghead gas, all other hydrocarbons not defined as oil, carbon dioxide and helium or other substances of a gaseous nature. Natural gas and casinghead gas are further defined as follows:

(a) "Natural gas" means any combustible gas or vapor composed chiefly of hydrocarbons occurring in gaseous or vapor phase at initial reservoir conditions.

(b) "Casinghead gas" means any gas or vapor indigenous to an oil stratum and produced from such stratum with oil.

10. "Illegal oil" and "illegal gas" means oil or gas produced within the state from any well during any time in which the well has produced more than the amount allowed by law or any rule or order of the commission or the production of which causes waste.

11. "Illegal product" means any product derived, in whole or in part, from illegal oil or gas.

12. "Net drainage" means drainage not equalized by counterdrainage.

13. "Oil" means crude petroleum oil and all other hydrocarbons, regardless of gravity, which are produced at a well in liquid form by ordinary production methods and which are not the result of condensation of gas.

14. "Owner" means the person having the right to drill into, produce and appropriate production of oil or gas, or both, from a pool.

15. "Person" includes a corporation, association, partnership, receiver, trustee, guardian, executor, administrator, fiduciary or representative or any group acting as a unit and includes any department, agency or instrumentality of the state or any of its governmental subdivisions.

16. "Pool" means an underground reservoir containing a common accumulation of oil or gas, or both, and includes each zone of a general structure completely separated from any other zone in the structure.

17. "Producer" means the owner of a well capable of producing oil or gas.

18. "Product" means oil, gas or any product, by-product, mixture or blend of oil or gas.

19. "Royalty owner" means a person who possesses an interest in the production but who is not an owner.

20. "Waste" includes:

(a) Physical waste, as that term is generally understood in the oil and gas industry.

(b) The inefficient, excessive or improper use of or the unnecessary dissipation of reservoir energy.

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

(d) The inefficient storing of oil or gas.

(e) The production of oil or gas in excess of transportation or marketing facilities.

(f) The production of oil or gas when it is unprofitable to dispose of such production.

21. "Well" includes any hole drilled or spudded in for the purpose, with the intention or under the representation of penetrating oil or gas bearing strata or of penetrating any strata in search of stratigraphic data pertinent to the location of oil or gas bearing strata, whether or not in either case oil or gas is actually discovered, any hole used in connection with the underground storage of hydrocarbon substances, whether liquid or gaseous, any hole used in connection with a process to inject any substance for purposes of disposal or to increase recovery, any hole used for the purpose of secondary or tertiary recovery and any hole used for the purpose of pressure maintenance.  The commission may, as it considers to be in the best interests of the state, determine that any hole drilled or spudded in shall be included within this definition to the extent necessary for the administration and enforcement of the rules required by section 27-516.  The determination of the commission shall be final in any circumstance involving the question of purpose, intent or representation, except that the determination shall be subject to appeal as provided by section 27-520.
A.R.S. § 27-446 — Arizona Code / Title 27 / Chapter 3 / Article 6 / Section 446
27-446 Claims of deviation from an approved community notice
Status: in_force

27-446. Claims of deviation from an approved community notice

A. After a community notice is approved by the state mine inspector, a residential property owner who resides within one-half mile of the boundaries of the aggregate mining operation may submit a written complaint to the designated community representative that the operation has materially deviated from the approved community notice, specifying the community notice provision that is in question and the nature of the material deviation.

B. If the aggregate mining operation does not address the complaint to the satisfaction of the residential property owner within thirty days after receiving the complaint, the notified residential property owner may file the same complaint with the inspector with a statement that the aggregate mining operation has not addressed the complaint to the property owner's satisfaction.

C. In counties that have established an aggregate mining operations recommendation committee pursuant to section 11-812, the inspector shall request the committee to hear the complaint.  The committee shall advise the inspector within thirty days in writing of its findings and recommendations regarding the complaint.  The inspector shall render a decision on the complaint within thirty days after receiving the committee's recommendation. The inspector shall notify, in writing, the owner or operator of the aggregate mining operation, the complainant and the committee of the decision.
A.R.S. § 27-522 — Arizona Code / Title 27 / Chapter 4 / Article 1 / Section 522
27-522 Records
Status: in_force

27-522. Records

A. All rules and orders made by the commission shall be in writing and entered in full in a book kept by the commission.  The book shall be a public record open to inspection at all reasonable times during office hours.  A copy of any rule, order or other document on file in the office of the commission and certified by the commission shall be received in evidence in all courts of the state with the same effect as the original.

B. Well logs, casing records, compiled data and other information shall be properly indexed and suitably recorded in the permanent records of the commission and shall be open to inspection by the public at all reasonable times during office hours.  The well records of a well drilled in unproven territory shall not be subject to inspection for a period of one year after drilling is completed.  The commission shall provide sixty days' notice to the operator before records become subject to inspection.  At the operator's request, the commission shall extend the confidential period for not more than two years from the date of the request if the operator can provide credible evidence that disclosure of the information is likely to cause harm to the operator's competitive position.  The director of water resources may inspect any well records at any time but shall keep confidential all information that is not subject to inspection as otherwise provided in this section.
A.R.S. § 27-568 — Arizona Code / Title 27 / Chapter 4 / Article 2 / Section 568
27-568 Delivery of oil to purchaser
Status: in_force

27-568. Delivery of oil to purchaser

Royalty oil sold pursuant to section 27-567 shall be delivered to the buyer at the earliest time following the declaration of the highest and best bidder and payment to the department.
A.R.S. § 27-1273 — Arizona Code / Title 27 / Chapter 6 / Article 4 / Section 1273
27-1273 Approval; criteria
Status: in_force

27-1273. Approval; criteria

A. The inspector shall approve a reclamation plan for aggregate mining units if the plan provides for reclamation measures for surface disturbances that are:

1. Necessary to achieve a safe and stable condition suitable for the postaggregate mining land use objectives stated in the reclamation plan.

2. Compatible with good engineering practices regarding erosion control and seismic activity for the applicable seismic zone.

B. In evaluating the reclamation plan, the inspector shall consider the technical and economic practicability of the proposed reclamation measures, taking into account the site-specific circumstances at the aggregate mining unit and the proposed postaggregate mining land use objectives as stated in the reclamation plan, including:

1. Grazing and other agricultural land use objectives.

2. Developed water resources, water management projects and planned and existing underground water storage facilities.

3. Fish or wildlife habitat.

4. Forestry.

5. Historic preservation.

6. Industrial or commercial uses, including tourism.

7. Recreational uses.

8. Residential uses.

9. Scientific or educational uses.

10. Aggregate mining or remining, except that the proposed postaggregate mining use of aggregate mining or remining does not relieve an owner or operator from complying with or implementing the reclamation plan requirements under this chapter.

11. Water course channelization.

12. Other appropriate postaggregate mining land use objectives.

C. In evaluating the reclamation plan, the inspector may consider comments from the state geologist or any elected official.

D. The postaggregate mining land use objective stated in the reclamation plan need not be the same use of the land that existed before the aggregate mining facility was located on the site.
A.R.S. § 27-511 — Arizona Code / Title 27 / Chapter 4 / Article 1 / Section 511
27-511 Confiscation proceedings
Status: in_force

27-511. Confiscation proceedings

A. Illegal oil and gas and illegal products shall be seized and sold as contraband. The sale shall not take place unless the court finds in a proceeding held as provided by this section, that the commodity involved is contraband.

B. If the commissioner believes that illegal oil or gas or illegal product is subject to seizure and sale, he shall, through the attorney general, bring a civil action in rem for that purpose in the superior court of the county in which the commodity is found, or the action may be maintained in connection with any action or cross action for injunction, or for penalty relating to any prohibited transaction involving illegal oil or gas or illegal product. Any interested person adversely affected by seizure and sale may intervene in the suit to protect his rights. The action shall proceed in the name of the state as plaintiff against the illegal oil or gas or illegal product as defendant, and no bond shall be required of plaintiff.

C. Upon filing of the complaint, the clerk of the court shall issue a summons directed to the sheriff of the county or to any person the court may authorize to serve process, requiring him to summon all persons interested in the illegal oil or gas or illegal product mentioned in the complaint to appear and answer within thirty days after issuance and service of summons. Such persons need not be named or otherwise identified. The summons shall contain the style and number of the suit and a brief statement of the nature of the action. It shall be served by posting one copy at the courthouse door of the county in which the commodity is alleged to be located and by posting another copy near the place where the commodity is located. Copies of the summons shall be posted not less than five days before the return day stated therein, and posting shall be deemed constructive possession of the commodity by the state. A copy of the summons shall be published once each week for three weeks in a newspaper published in the county where the suit is pending. No judgment shall be pronounced by a court condemning the commodity as contraband until five days from the last publication of the summons. Proof of service by the person authorized by the court to serve process shall be by affidavit of the person making the service and proof of service by the sheriff shall be by return as required by law with respect to service of process in civil actions.

D. When it appears by a verified pleading on the part of the plaintiff, or by affidavit, that grounds for the seizure and sale exist, the clerk, in addition to the summons, shall issue an order of seizure, which shall be signed by the clerk and bear the seal of the court. The order of seizure shall specifically describe the illegal oil or gas or illegal product so that it may be identified with reasonable certainty. It shall direct the sheriff to whom addressed to take into his actual or constructive custody the illegal oil or gas or illegal product described in the order, and hold the commodity subject to order of the court. The order of seizure shall be executed as a writ of attachment is executed. No bond shall be required before the issuance of the order of seizure, and the sheriff shall be responsible upon his official bond for the proper execution thereof.

E. The sheriff shall receive, for his service, a fee as in case of seizure of personal property, to be assessed as other costs in the cause.
A.R.S. § 27-525 — Arizona Code / Title 27 / Chapter 4 / Article 1 / Section 525
27-525 Injunctions and restraining orders
Status: in_force

27-525. Injunctions and restraining orders

A. No temporary restraining order or injunction shall be granted against the commissioner or his agent, employee or representative to restrain enforcement of a statute relating to the conservation of oil and gas or any provision of this article, or rule, regulation or order made thereunder, except after notice to the commissioner and all other defendants, and a hearing thereon. At the hearing a restraining order or injunction shall not be granted unless it is shown that the act done or threatened is unlawful, or that the statute, or provision of this article, or rule, regulation or order complained of is invalid and, if enforced, will cause irreparable injury to plaintiff. An order granting temporary or injunctive relief shall state the nature and extent of the invalidity of the statute, rule, regulation or order complained of and shall contain a statement of the probable damage relied upon by the court as justifying temporary injunctive relief.

B. No temporary injunction or restraining order against the commissioner, or his agent, employee, or representative shall become effective until plaintiff executes a bond in an amount and conditioned as the court directs. The bond shall be made payable to the clerk of the court, shall be approved by the judge, and shall be for the use and benefit of all persons who may be injured by the acts done under the protection of the restraining order or injunction. Any action upon the bond by any person claiming injury shall be brought within not more than six months after the date of final determination of the validity, in whole or in part, of such statute, provision of this article, or rule, regulation or order, the enforcement of which was restrained or enjoined.