A.R.S. § 27-505 — Arizona Code / Title 27 / Chapter 4 / Article 1 / Section 505
27-505 Pooling of interests
Status: in_force

27-505. Pooling of interests

A. When two or more separately owned tracts of land are embraced within an established drilling unit, persons owning the drilling rights therein and the right to share in the production therefrom may agree to pool their interests and develop their lands as a drilling unit. If the persons do not agree to pool their interests, the commissioner may, for prevention of waste, for protection of correlative rights, or to avoid drilling of unnecessary wells, enter an order pooling and integrating their interests for the development of their lands as a drilling unit.  Orders effectuating such pooling shall be made after notice and hearing, and shall be upon terms and conditions which will afford the owner of each tract the opportunity to recover or receive his just and equitable share of the oil and gas in the pool without unnecessary expense. Operations incident to drilling a well upon any portion of a unit covered by a pooling order shall be deemed for all purposes to be the conduct of such operations upon each separately owned tract in the unit by the several owners thereof. The portion of the production allocated to the owner of each tract included in a drilling unit formed by a pooling order shall, when produced, be considered as if it had been produced from the tract by a well drilled thereon. If such pooling is effectuated, the cost of development and operation of the pooled unit chargeable by the operator to other interested owners shall be limited to the actual and reasonable expenditures required for that purpose, including a reasonable charge for supervision. As to owners who refuse to agree upon pooling, the order shall provide for reimbursement for costs chargeable to each such owner out of, and only out of, production from the unit belonging to such owner. In event of dispute relative to such costs, the commissioner shall upon notice to all interested parties and hearing thereon, determine the proper costs. Appeals may be taken from the determination as from any other order of the commissioner. If one or more of the owners drills and operates, or pays the expense of drilling and operating the well for the benefit of others, then, in addition to any other rights conferred by the pooling order, the owner or owners so drilling or operating shall have a lien on the share of production from the unit accruing to the interest of each of the other owners for the payment of his proportionate share of the expenses. All the oil and gas subject to the lien, or so much thereof as necessary, shall be marketed and sold by the creditor and the proceeds applied in payment of the expenses secured by the lien, with the balance if any payable to the debtor.

B. The commissioner shall, in all instances where a unit has been formed from lands or areas of more than one ownership, require the operator, upon request of an owner, but subject to the right of the operator to market production and collect the proceeds with respect to an owner in default, as provided in subsection A, to deliver to the owner or his assigns his proportionate share of the production from the well common to the drilling unit. The owner receiving his share shall provide at his own expense proper receptacles for the receipt and storage thereof.

C. If the persons owning and drilling or exercising other rights in separate tracts embraced within a drilling unit fail to agree upon the pooling of the tracts and drilling of a well on the unit, and if the commissioner is without authority to require pooling as provided by this section, then, subject to all other applicable provisions of this article, the owner of each tract embraced within the drilling unit may drill on his tract, but the allowable production from the tract shall be the proportion of the allowable production for the full drilling unit as the area of such separately owned tract bears to the full drilling unit.

D. An agreement for repressuring or pressure-maintenance operations, cycling or recycling operations, including extraction and separation of liquid hydrocarbons from natural gas in connection therewith, or for carrying on any other method of unit or cooperative development or operation of a field or pool or a part of either, is authorized and may be performed, and shall not be held or construed to violate any statutes of this state relating to trusts, monopolies or contracts and combinations in restraint of trade, if, after notice and a public hearing, the agreement is approved by the commissioner as being in the public interest, protective of correlative rights, and reasonably necessary to increase ultimate recovery or to prevent waste of oil or gas. The agreements shall bind only the persons who execute them, and their heirs, successors, assigns, and legal representatives.
A.R.S. § 27-1023 — Arizona Code / Title 27 / Chapter 5 / Article 6 / Section 1023
27-1023 Enforcement action on reclamation plan approval
Status: in_force

27-1023. 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. § 27-276 — Arizona Code / Title 27 / Chapter 2 / Article 5 / Section 276
27-276 Enforcement
Status: in_force

27-276. Enforcement

Leases issued and executed under this article are subject to the enforcement provisions prescribed by section 27-239.
A.R.S. § 27-509 — Arizona Code / Title 27 / Chapter 4 / Article 1 / Section 509
27-509 Certificate of compliance
Status: in_force

27-509. Certificate of compliance

A. An owner or operator of an oil or gas well shall, before connecting with an oil or gas pipe line, secure from the commissioner a certificate showing compliance with the conservation laws of the state and the conservation rules, regulations and orders of the commissioner. No operator of a pipe line shall connect with a well until the owner or operator furnishes a certificate of compliance.

B. The commissioner may cancel a certificate of compliance issued under this section when it appears, after due notice and hearing, that the owner or operator of a well has violated or is violating an oil or gas conservation law of the state, or a rule, regulation or order of the commissioner promulgated thereunder. Upon notice from the commissioner to the operator of a pipe line connected to any such oil or gas well that the certificate of compliance has been cancelled, the operator of the pipe line shall disconnect from the well, and it shall be unlawful for the operator of the pipe line to transport oil or gas therefrom until a new certificate of compliance has been issued by the commissioner. The owner or operator of a well shall not produce oil or gas therefrom unless a certificate of compliance is in effect covering the well.

C. This section shall not be construed to prevent a temporary connection of not more than ten days' duration with a well in order to take care of production and prevent waste until opportunity has been given the owner or operator of the well to secure a certificate of compliance. If the certificate of compliance is not secured within the ten-day period, the well shall be shut in until such time as a certificate of compliance is secured.
A.R.S. § 27-1022 — Arizona Code / Title 27 / Chapter 5 / Article 6 / Section 1022
27-1022 Compliance orders
Status: in_force

27-1022. Compliance orders

A. Beginning April 1, 1997, if the state mine inspector determines that a person is violating this chapter, a rule adopted pursuant to this chapter or any condition of a reclamation plan approved pursuant to this chapter or is causing an imminent and substantial danger to the public safety, the inspector may issue an order requiring compliance either immediately or within a stated period of time.

B. A compliance order shall state with reasonable specificity the nature of the violation, a time for compliance, if applicable, and the right to a hearing.

C. The inspector shall transmit the compliance order to the alleged violator either by certified mail, return receipt requested, or by hand delivery.

D. At the inspector's request, the attorney general may file an action in superior court to enforce orders issued under this section after the order becomes final. The action shall be filed in superior court in the county in which the alleged violation occurred or in which the inspector maintains an office.
A.R.S. § 27-666 — Arizona Code / Title 27 / Chapter 4 / Article 4 / Section 666
27-666 Pooling
Status: in_force

27-666. Pooling

A. When two or more separately owned tracts of land are embraced within an established drilling unit, persons owning the drilling rights therein and the right to share in the production therefrom may agree to pool their interests and develop their lands as a drilling unit. If the persons do not agree to pool their interests, the commission may, upon application of one or more owners within the drilling unit in question and for prevention of waste, for protection of correlative rights, or to avoid drilling of unnecessary wells, enter an order pooling and integrating their interests for the development of their lands as a drilling unit.  Orders effectuating such pooling shall be made after notice and hearing, and shall be upon terms and conditions which will afford the owner of each tract the opportunity to recover or receive his just and equitable share of the geothermal resources in the pool without unnecessary expense.  Operations incident to drilling a well upon any portion of a unit covered by a pooling order shall be deemed for all purposes to be the conduct of such operations upon each separately owned tract in the unit by the several owners thereof. The portion of the production allocated to the owner of each tract included in a drilling unit formed by a pooling order shall, when produced, be considered as if it had been produced from the tract by a well drilled thereon. If such pooling is effectuated, the cost of development and operation of the pooled unit chargeable by the operator to other interested owners shall be limited to the actual and reasonable expenditures required for that purpose, including a reasonable charge for supervision. As to owners who refuse to agree upon pooling, the order shall provide for reimbursement for costs chargeable to each such owner out of, and only out of, production from the unit belonging to such owner. In event of dispute relative to such costs, the commission shall, upon notice to all interested parties and hearing thereon, determine the proper costs.  Appeals may be taken from the determination as from any other order of the commission. If one or more of the owners drills and operates, or pays the expense of drilling and operating the well for the benefit of others, then, in addition to any other rights conferred by the pooling order, the owner or owners so drilling or operating shall have a lien on the share of production from the unit accruing to the interest of each of the other owners for the payment of his proportionate share of the expenses. All the geothermal production subject to the lien, or so much thereof as necessary, shall be marketed and sold by the creditor and the proceeds applied in payment of the expenses secured by the lien, with the balance if any payable to the debtor.

B. The commission shall, in all instances where a unit has been formed from lands or areas of more than one ownership, require the operator, upon request of an owner, but subject to the right of the operator to market production and collect the proceeds with respect to an owner in default, as provided in subsection A.

C. If the persons owning and drilling or exercising other rights in separate tracts embraced within a drilling unit fail to agree upon the pooling of the tracts and drilling of a well on the unit, and if the commission is without authority to require pooling as provided by this section, then, subject to all other applicable provisions of this article, the owner of each tract embraced within the drilling unit may drill on his tract, but the allowable production from the tract shall be the proportion of the allowable production for the full drilling unit as the area of such separately owned tract bears to the full drilling unit.
A.R.S. § 27-997 — Arizona Code / Title 27 / Chapter 5 / Article 5 / Section 997
27-997 Rules; release, forfeiture or exercise of financial assurance
Status: in_force

27-997. Rules; release, forfeiture or exercise of financial assurance

A. The state mine inspector shall adopt rules for reviewing and acting on:

1. Applications to release all or part of the financial assurance under this article.

2. Forfeiture or exercise of the financial assurance on failure to implement a reclamation plan as required by this article.

B. The rules shall provide for written notice to all principals and sureties on the financial assurance and an opportunity for a hearing.
A.R.S. § 27-253 — Arizona Code / Title 27 / Chapter 2 / Article 4 / Section 253
27-253 Renewal of permit
Status: in_force

27-253. Renewal of permit

The holder of an exploration permit may, prior to expiration of the annual period for which such permit was issued, or prior to expiration of the annual period for which such permit was renewed, file with the department an application for renewal of such permit for the ensuing annual period. No such application for renewal shall be filed, nor shall the permit be renewed, for more than four successive annual periods following expiration of the annual period for which such permit was issued. No rental shall be payable for the first annual period for which a permit may be renewed. The rental for each of the three subsequent annual periods following the first annual period for which a permit may be renewed shall be one dollar for each acre of state land for which the application for renewal is filed. Upon receipt by the department of the application for renewal, and the affidavit of expenditure of the required amount in exploration during the current annual period or a sum equal thereto, together with such other proof in support of such expenditure as the commissioner by regulation may prescribe, and payment to the department of the rental for the ensuing annual period, all prior to expiration of the current annual period, the commissioner shall issue a renewal of the permit for the ensuing annual period.
A.R.S. § 27-670 — Arizona Code / Title 27 / Chapter 4 / Article 4 / Section 670
27-670 Lease of state lands; application; call for bids; publication; withdrawal of lands from leasing
Status: in_force

27-670. Lease of state lands; application; call for bids; publication; withdrawal of lands from leasing

A. Applications for leases shall be in writing addressed to the department and shall contain a description of the lands sufficient to identify them, the name and address of the applicant and shall be accompanied by a filing fee of twenty-five dollars. Each application shall be stamped when received by the department with a stamp showing the day and hour when received.

B. Before offering any state lands for lease the department shall determine the tract or tracts into which the lands shall be divided for leasing purposes. All tracts shall be in reasonably compact form.

C. Upon receipt of an application to lease any state lands, the department shall offer the tract or tracts for lease to the highest and best bidder. The bidding shall be on the basis of highest first year's bonus to be paid to the department at the time of declaration of the highest and best bidder.

D. The department shall publish a call for bids in the same manner provided for the sale of state lands. On or before December 1 each year, the department shall designate by general order the newspaper at the capital in which the publications shall be made during the following calendar year. The successful bidder shall pay the cost of the publication and the reasonable expenses of the sale.

E. The publication shall contain a description of the land proposed to be leased, the time when the bids will be received, the royalty to be demanded which the department shall fix prior to call for bids and an annual rental to be demanded.

F. The publication shall set forth the form of lease which the successful bidder will be required to execute. In lieu of publishing the form of lease in its entirety the publication may specify the form of lease by designating the form number of the lease on file with the department, copies of which shall be furnished any person on request.

G. Each offer for lease shall reserve the right in the department to reject any and all bids and to again offer the tract or tracts for lease if the bids received are not acceptable to the department.

H. No bid may be accepted unless the bidder, or the bidder's disclosed principal, qualifies under the provisions of section 37-240, subsection B.

I. The department may withdraw from leasing any specific area of land if it appears that the withdrawal is in the interest of this state.

J. The department may refuse to lease any state lands for development of geothermal resources and may refuse to sell geothermal resource leases when such refusal is deemed by the department to be in the best interest of the state.

K. The department shall return all checks accompanying rejected bids.
A.R.S. § 27-304 — Arizona Code / Title 27 / Chapter 3 / Article 1 / Section 304
27-304 Operator responsibility
Status: in_force

27-304. Operator responsibility

A. The operator shall conduct his operation with due regard to health and safety. No operator shall fail to provide or use such safety devices and safeguards as are reasonably necessary to protect the life, health and safety of his employees.

B. The operator, or some responsible person with authority appointed by him, shall be on duty at all times when employees are working. He shall be responsible for the safe performance of all work under him and for the safety of all employees.

C. The operator shall designate a person or persons to inspect as frequently as may be required by any rules or regulations for unsafe conditions and practices, defective equipment and materials, and where such conditions are found, to take appropriate corrective action.

D. The operator and his supervisory personnel shall enforce safety regulations and issue such orders as may be necessary to safeguard the life, health and safety of employees.
A.R.S. § 27-255 — Arizona Code / Title 27 / Chapter 2 / Article 4 / Section 255
27-255 Bonds
Status: in_force

27-255. Bonds

A. The commissioner, in his discretion, may require the applicant for a mineral exploration permit, prior to issuance of such permit, to file with the commissioner a surety bond, in form and amount and with surety approved by the commissioner, conditioned upon the prompt payment to the owner and lessee of the surface of state land to be covered by the permit, or across which the permittee exercises the right of ingress or egress, for any loss to such owner or lessee from damage or destruction caused by the permittee or his or its agents or employees to grasses, forage, crops and improvements upon such state lands.

B. The commissioner may also require the permittee to furnish a bond, in a reasonable amount to be fixed by the commissioner, conditioned that the permittee will guarantee restoration of the surface of the land described in the mineral exploration permit to its former condition upon any partial or total relinquishment of such lands, or the cancellation or expiration of the permit other than by issuance of a mineral lease.

C. On default, the commissioner may use the proceeds of the bond for the purposes described in subsection A or B.
A.R.S. § 27-929 — Arizona Code / Title 27 / Chapter 5 / Article 2 / Section 929
27-929 Notice of plan or substantial change
Status: in_force

27-929. Notice of plan or substantial change

A. The state mine inspector shall give notice of a proposed reclamation plan or a substantial change to an approved reclamation plan once each week for two consecutive weeks in a newspaper of general circulation in the county or counties in which the exploration operation or mining unit is or will be located. If there is no such newspaper, the inspector shall give notice in a newspaper of general circulation that is published in an adjoining county.

B. The notice shall briefly describe the proposed reclamation plan or substantial change and state that any person who may be adversely affected by the plan or substantial change may:

1. File a written objection to the plan or substantial change within fifteen days after the last publication.

2. Request a public hearing.

C. An objection shall state the name and mailing address of the objector, be signed by the objector or the objector's agent or attorney and clearly state the reasons why the plan or substantial change should be denied. Grounds for objection are limited to whether the proposed plan or substantial change meets the criteria for approval in this chapter.

D. If there is sufficient public interest by persons who may be adversely affected by the plan or substantial change, the inspector may hold a public hearing in the county in which the exploration operation or mining unit is or will be located.
A.R.S. § 27-667 — Arizona Code / Title 27 / Chapter 4 / Article 4 / Section 667
27-667 Relationship of geothermal resources to water laws
Status: in_force

27-667. Relationship of geothermal resources to water laws

A. Geothermal resources and their development shall be exempt from the water laws of this state unless either:

1. Such resources are commingled with surface waters or groundwaters of this state.

2. Such development causes impairment of or damage to the groundwater supply.

B. In the development of geothermal resources, any well drilled to obtain and use groundwater, as defined in section 45-101, shall be subject to the water laws of this state.

C. An operator shall notify the director of water resources of any well which is drilled or abandoned. The director may prescribe rules and regulations relating to the disposition of abandoned wells.
A.R.S. § 27-974 — Arizona Code / Title 27 / Chapter 5 / Article 4 / Section 974
27-974 Preservation and conservation of soil; exceptions
Status: in_force

27-974. Preservation and conservation of soil; exceptions

Before creating a surface disturbance that is stated to be reclaimed by revegetation pursuant to a new 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 post-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, climactic or biological constraints.

3. Direct revegetation of the disturbance, with or without soil amendments, is reasonably expected to be successful.
A.R.S. § 27-923 — Arizona Code / Title 27 / Chapter 5 / Article 2 / Section 923
27-923 Creating surface disturbances of five acres or less
Status: in_force

27-923. Creating surface disturbances of five acres or less

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

B. From and after December 31, 1996, 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. § 27-558 — Arizona Code / Title 27 / Chapter 4 / Article 2 / Section 558
27-558 Conservation laws
Status: in_force

27-558. Conservation laws

The development of oil and gas leases issued pursuant to this article shall be in accordance with the laws of the state relating to the conservation of oil and gas.
A.R.S. § 27-564 — Arizona Code / Title 27 / Chapter 4 / Article 2 / Section 564
27-564 Receipt and sale of royalty oil
Status: in_force

27-564. Receipt and sale of royalty oil

A. The department on its initiative and with the approval of the selection board may elect to receive royalty oil in kind from a lessee in lieu of a cash royalty, and the department may resell such royalty oil in the manner provided by the selection board.

B. An Arizona refinery business may request the department to elect to receive a quantity certain of royalty oil to be resold during a period of not less than one hundred eighty days by the department at a time contemporaneous with receipt of the royalty oil by the department. The department, on receipt of a due, proper and complete application by an Arizona refinery business, may, without approval of the selection board, elect to receive and sell such royalty oil pursuant to section 27-567.
A.R.S. § 27-239 — Arizona Code / Title 27 / Chapter 2 / Article 3 / Section 239
27-239 Inspections, investigations and audits
Status: in_force

27-239. Inspections, investigations and audits

A. The state land commissioner or the commissioner's authorized representative may enter, and the lessee shall maintain access to, the state land held under a mineral lease at reasonable times to inspect the workings, improvements and other facilities used to extract or sever minerals or common variety minerals, as defined in section 27-271, from state lands.

B. The commissioner or the commissioner's authorized representative may enter at reasonable times to:

1. Obtain factual data or access to records pertinent to mineral production and required to be kept under the terms of the lease.

2. Otherwise ascertain compliance with law and the terms of the lease.

C. Inspections, investigations and audits under subsection A shall be on reasonable notice to the lessee unless reasonable grounds exist to believe that notice would frustrate the enforcement of law or the terms of the lease. The commissioner may, and if required by law shall, apply for and obtain warrants for entry and inspection.

D. The commissioner may require a lessee to appear at reasonable times and on reasonable notice at the commissioner's office and produce such records and information as are specified in the notice to determine compliance with the terms of the lease.

E. The commissioner shall provide to the lessee a written report of each inspection, investigation and audit under this section.

F. Tax records and trade secrets, as defined in section 23-401, obtained under this section are confidential.
A.R.S. § 27-972 — Arizona Code / Title 27 / Chapter 5 / Article 4 / Section 972
27-972 Notice of complete, incomplete or denied plan
Status: in_force

27-972. Notice of complete, incomplete or denied plan

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

B. The inspector shall approve or disapprove a plan for new mining units within one hundred twenty days after receiving a complete plan.

C. If the inspector notifies the owner or 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 owner or 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 owner or operator and the state mine inspector that would not materially affect the safety of employees or cause undue hardship on an owner or operator.
A.R.S. § 27-1201 — Arizona Code / Title 27 / Chapter 6 / Article 1 / Section 1201
27-1201 Definitions
Status: in_force

27-1201. Definitions

In this chapter, unless the context otherwise requires:

1. "Aggregate" has the same meaning prescribed in section 27-441.

2. "Aggregate mining" has the same meaning prescribed in section 27-441.

3. "Aggregate mining facility" means property that is owned, operated or managed by the same person for aggregate mining.  Property that is not contiguous but is within the same geographical area and operated as a single aggregate mining complex is considered to be a single aggregate mining facility.

4. "Aggregate mining unit" means an individual portion of an aggregate mining facility that encompasses one or more surface disturbances.

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

6. "Existing aggregate mining unit" means an aggregate mining unit, other than a new aggregate mining unit, that continued operations after April 1, 1997.

7. "Existing exploration operation" means an exploration operation that is ongoing as of the effective date of the initial rules adopted by the inspector pursuant to this chapter.

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

9. "Inactive aggregate mining unit" means an aggregate mining unit that has not been operated after April 1, 1997 and for which there is a current identifiable owner or operator other than the federal or state government.

10. "Inspector" means the state mine inspector.

11. "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.

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

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

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

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

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

17. "Surface disturbance" means clearing, covering or moving land by means of mechanized earthmoving equipment for aggregate mining and exploration 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. § 27-203 — Arizona Code / Title 27 / Chapter 2 / Article 1 / Section 203
27-203 Completing lode, placer or millsite locations; recording location notice; monumenting; map, plat or sketch requirements; abandonment of claims; recorder duties and fees
Status: in_force

27-203. Completing lode, placer or millsite locations; recording location notice; monumenting; map, plat or sketch requirements; abandonment of claims; recorder duties and fees

A. The locator of a lode, placer or millsite claim shall:

1. Cause to be recorded in the office of the county recorder of the county in which the claim is located an executed copy of the location notice to which notice shall be attached a map, plat or sketch of the claim, within ninety days from the time of the location. If the posted notice of location does not contain the section, township and range in which the notice is posted such information shall be added to the notice prior to recording pursuant to this section if the land has been surveyed. If the land has not been surveyed, the locator shall identify to the best of his ability the projected, protracted or extended section, township and range in which the notice of location of the claim is posted.

2. Monument the claim on the ground within ninety days from the time of the location so that its boundaries can be readily traced.

B. The map, plat or sketch required by subsection A shall be:

1. In legible form and not more than eight and one-half inches by fourteen inches.

2. On a scale of one inch equals not more than two thousand feet.

3. Based upon the performance of a survey performed commensurate with the abilities of the locator. It shall set forth the boundaries and position of the claim with such accuracy as would permit a reasonably knowledgeable person to find and identify the claim on the ground. The locator may show contiguous claims on the map, plat or sketch if the claim being located is clearly identified. Nothing contained in this section shall require a locator to employ a professional surveyor or engineer for the preparation of the map, plat or sketch required by this section.

C. The plat or map of any claim shall contain the following information:

1. The name of the claim.

2. Whether the claim is a lode, placer or millsite claim.

3. The locality of the claim with reference to the section, township and range in which the claim is located with a course and distance tie from a corner of the claim or contiguous group of claims to a monument of the public land survey if the land has been surveyed. If the land has not been surveyed, a corner of the claim or claim group shall be tied by course and distance to an established survey monument of a United States government agency or United States mineral monument. If no such monument can be found through the exercise of reasonable diligence, the map shall show the course and distance from one corner of the claim or claim group to some prominent natural objects or other permanent monuments described on such map.

4. The scale of the map.

5. The county in which the claim is situated.

6. A north arrow.

7. The type of corner and location monuments used.

8. Bearing and distance between corners.

D. If the claim is a placer or millsite claim with exterior limits conforming to legal subdivisions of the public survey, the map, plat or sketch shall give the legal description of the claim instead of the requirements of paragraphs 3 and 8 of subsection C.

E. Failure to do all the things within the times and at the places specified in subsections A, B, C and D shall be an abandonment of the claim, and all right and claim of the locator shall be forfeited.

F. The county recorder shall keep proper indices of mine location notices and maps by the cadastral subdivisions of the United States bureau of land management or general land office. The county recorder shall receive the fees prescribed in section 11-475 for recording a mine location notice and map, plat or sketch appended to such notice.
A.R.S. § 27-1321 — Arizona Code / Title 27 / Chapter 6 / Article 6 / Section 1321
27-1321 Inspections
Status: in_force

27-1321. Inspections

Beginning January 1, 2007, the state mine inspector may enter and inspect, during normal business hours, any exploration operation or aggregate 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 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 aggregate mining facility.
A.R.S. § 27-935 — Arizona Code / Title 27 / Chapter 5 / Article 2 / Section 935
27-935 Plan review and evaluation by private consultants
Status: in_force

27-935. 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 27-934.
A.R.S. § 27-508.01 — Arizona Code / Title 27 / Chapter 4 / Article 1 / Section 508.01
27-508.01 Common purchaser of gas; duties; ratable taking; discrimination prohibited
Status: in_force

27-508.01. Common purchaser of gas; duties; ratable taking; discrimination prohibited

A. Every person as defined in this article now or hereafter engaged in purchasing from one or more producers, gas produced from gas wells shall be a common purchaser thereof within each pool from which it purchases, and as such it shall purchase gas lawfully produced from gas wells with which its gas transportation facilities are connected in the pool and other gas lawfully produced within the pool and tendered to a point on its gas transportation facilities. Such purchases shall be made without unjust or unreasonable discrimination in favor of one producer against another in the price paid, the quantities purchased, the bases of measurement, or the gas transportation facilities afforded for gas of like quantity, quality, and pressure available from such wells. The question of justice or reasonableness shall be determined by the commission. In the event any such common purchaser is likewise a producer, he is prohibited to the same extent from discriminating in favor of himself on production from gas wells in which he has an interest, direct or indirect, either in whole or in part, as against other production from gas wells in the same pool. For the purposes of this section, reasonable differences in prices paid or facilities afforded, or both, shall not constitute unreasonable discrimination if such differences bear a fair relationship to differences in quality, quantity or pressure of the gas available, the depth of the producing formation, or to the relative lengths of time during which such gas will be available to the purchaser. The provisions of this section shall not apply to:

1. Any well or pools used for storage and withdrawal from storage of natural gas originally produced not in violation of this section or of the rules, regulations or orders of the commission.

2. Purchases of casinghead gas from oil wells.

3. Persons purchasing gas principally for use in operations for secondary recovery of oil or gas, or for pressure maintenance, or cycling, or gas lift operations.

B. If a person is unable to purchase all the gas offered, or whenever the requirement for natural gas produced in Arizona from any pool can be fulfilled only by the production of natural gas therefrom under conditions constituting waste, or whenever the commission finds and determines that the orderly development of, and production of natural gas from, any pool requires the exercise of its jurisdiction, then said person shall purchase gas ratably so as to take the gas in proportion to the allowables or allocations established by the commission from all the wells to which it is connected, but this shall not apply when a difference in their production results from the inability of a well to produce proportionately with other wells connected to the purchaser, and in the event allowables or allocations have not been established by the commission, then said person shall purchase gas ratably from all wells to which it is connected in a manner so as to prevent waste and protect correlative rights as defined in this article. Any common purchaser taking gas produced from gas wells from a pool shall take ratably in accordance with the allocation formula, as may be established by special field rules or statewide regulations of the commission.

C. Nothing in this section shall be construed or applied to require any person to purchase gas of a quality, pressure, or any other condition, by reason of which such gas cannot be economically and satisfactorily used by such purchaser by means of his gas transportation facilities then in service.
A.R.S. § 27-934 — Arizona Code / Title 27 / Chapter 5 / Article 2 / Section 934
27-934 Plan submission fee; accounting and appropriation of revenues
Status: in_force

27-934. Plan submission fee; accounting and appropriation of revenues

A. The state mine inspector shall assess and collect a one-time submission fee from the owner or operator of each exploration operation and mining unit at the time the owner or operator submits a plan under article 3 or 4 of this chapter.

B. For fiscal year 1996-1997 the submission fee is three dollars per acre of surface disturbance covered by the plan. Thereafter, the inspector may revise the amount of the submission fee each year based on the reasonable direct costs to process, review and approve or deny the plan, but the submission fee shall not exceed three dollars per acre of surface disturbance covered by the plan.

C. The inspector shall deposit, pursuant to sections 35-146 and 35-147, the revenues from the submission fee in the state general fund. The inspector shall submit the amount that is necessary to administer and enforce this chapter as a separate item in the inspector's budget request. The legislature's appropriation to the inspector shall include an amount sufficient to administer and enforce this chapter, including payments to consultants for services provided pursuant to section 27-935.
A.R.S. § 27-110 — Arizona Code / Title 27 / Chapter 1 / Article 1 / Section 110
27-110 Trade secrets; confidentiality; definition
Status: in_force

27-110. Trade secrets; confidentiality; definition

A. The Arizona board of regents may receive and accept geologic, engineering and feasibility studies and other economic and technical information that is considered a trade secret in the mineral industry.

B. Trade secret information obtained under this section is confidential and not subject to public disclosure.

C. 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 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. § 27-671 — Arizona Code / Title 27 / Chapter 4 / Article 4 / Section 671
27-671 Provisions of lease
Status: in_force

27-671. Provisions of lease

A. The leases shall provide for the payment by the lessee of a royalty of not less than twelve and one-half per cent of the gross value of the resource at the well head.

B. The leases shall provide for an annual rental of not less than one dollar per acre for each year that the lease is in effect.

C. The leases shall be for a primary term of ten years and as long thereafter as geothermal resources are procured and produced in paying quantities from the leased lands. The lease upon which drilling operations are being diligently prosecuted on the expiration date shall continue in effect for a period of two years and so long as geothermal resources are procured and produced in paying quantities from such lands.

D. The leases shall contain other terms and provisions, not inconsistent with the provisions of this article or other laws of this state, as in the opinion of the department are for the best interest of this state.

E. Not more than two thousand five hundred sixty acres of land shall be included in any one lease. The leased lands shall be in as compact a body as possible but may include noncontiguous land.

F. 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 geothermal resources is an illegal practice, and that upon legal determination of such practice shall constitute grounds for cancellation of the lease. Appropriate proceedings shall be instituted by the attorney general against the lessee in the county in which the land or any part of such land is located. The provisions of this section shall not apply to a unit plan or operation entered into under the provisions of this article or to any plan or operation authorized by any conservation law of this state.
A.R.S. § 27-660 — Arizona Code / Title 27 / Chapter 4 / Article 4 / Section 660
27-660 Safety requirements
Status: in_force

27-660. Safety requirements

Any person engaged in the drilling of a well for geothermal resources in an area wherein fluids, gases or steam under high pressure are known to exist, or any person drilling a well for geothermal resources in any area where pressures are not known, shall case in a watertight manner the borehole to a depth sufficient to protect against surface-cratering in the event of a blow out with pipe of adequate strength, and equip the well with a blow out preventor and other safety devices, in accordance with pipe and equipment specifications and procedures approved by the commission, and shall further exercise due caution in all drilling operations to prevent blow outs, explosions or fires.
A.R.S. § 27-677 — Arizona Code / Title 27 / Chapter 4 / Article 4 / Section 677
27-677 Violation; civil penalty
Status: in_force

27-677. Violation; civil penalty

A. In any action brought pursuant to section 27-676 against a person who violates any provision of this article, or any rule or order of the commission, the court may impose a civil penalty of not more than one thousand dollars for each violation and for each day the violation continues.

B. In addition to any criminal penalties which may be imposed pursuant to section 27-663, the commission, through the attorney general, may bring an action in the superior court in the county where the violation occurred against any person who violates any provision of section 27-663 for imposition of a civil penalty of not more than one thousand dollars for each violation. Each day the violation continues shall constitute a separate violation for which a civil penalty may be imposed.

C. Civil penalties collected under this section shall be deposited in the state general fund.
A.R.S. § 27-123 — Arizona Code / Title 27 / Chapter 1 / Article 2 / Section 123
27-123 Education and training fees
Status: in_force

27-123. Education and training fees

A. The state mine inspector may adopt and collect education and training fees for the purpose of training miners in this state.

B. The state mine inspector shall credit monies received for education and training purposes to the federal education and training fund, designated as the Arizona state mine inspector's account, to be used according to the federal state grant rules, as appropriate.
A.R.S. § 27-344 — Arizona Code / Title 27 / Chapter 3 / Article 3 / Section 344
27-344 Timbering support
Status: in_force

27-344. Timbering support

A. Minimum standards for proper timbering or other ground support of any working place shall be suitable to the conditions of the mining system. When necessary such standards shall be set by the inspector after consultation with the operator involved.

B. When any working place has dangerous or hazardous ground no work shall be done there except as shall be necessary to make the place secure and safe. If for any reason necessary timbers cannot be supplied immediately, all work done shall cease until such timbers can be supplied.

C. "Timber" as used in this section shall mean wood, steel, concrete, rock bolts, sand fill, rock fill or any other material or device used for bracing, supporting or restraining ground.
A.R.S. § 27-1325 — Arizona Code / Title 27 / Chapter 6 / Article 6 / Section 1325
27-1325 Agency order; appeal
Status: in_force

27-1325. 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. § 27-444 — Arizona Code / Title 27 / Chapter 3 / Article 6 / Section 444
27-444 Community notice; public meeting
Status: in_force

27-444. Community notice; public meeting

A. Within twenty-one days after the state mine inspector notifies an owner or operator of an aggregate mining operation that the application for a community notice for a new aggregate mining operation or a major modification for an approved community notice is complete, or within twenty-one days after the application is considered to be complete, the owner or operator shall send by certified mail a copy of the community notice:

1. To each residential property owner, as shown on the current property tax roll, within a one-half mile radius of the aggregate mining operation.  The owner or operator shall submit the list of notified residential property owners to the inspector.  The community notice shall include a statement that the property owner may request the state mine inspector to hold a public meeting and may submit written comments as provided by this section.

2. To the aggregate mining operations recommendation committee for the district in which the operation is located.

3. If the operation is located in a county in which a multi-county water conservation district is established pursuant to title 48, chapter 22, to the multi-county water conservation district.

B. If there is sufficient public interest, the inspector shall schedule and conduct a public meeting within forty-five days after the community notice for a new aggregate mining operation or major modification is filed with the inspector.  The inspector shall give at least fifteen days' notice of the meeting by filing the notice in the office of the secretary of state and by mail to the residential property owners who requested the public meeting pursuant to subsection A, paragraph 1.

C. The inspector or an employee of the inspector shall conduct any public meeting on a community notice.  The aggregate mining operation's designated representative shall attend and respond to questions relating to information in the community notice.  If a notified residential property owner cannot attend the public meeting, the owner may submit written comments to the inspector before the meeting regarding the community notice. The inspector or the inspector’s employee and the aggregate mining operator’s designated representative shall receive and consider comments from persons attending the meeting and the written comments submitted before the meeting.
A.R.S. § 27-315 — Arizona Code / Title 27 / Chapter 3 / Article 1 / Section 315
27-315 Unauthorized persons
Status: in_force

27-315. Unauthorized persons

No person whose entry has not been authorized by the operator shall be allowed in any operation.
A.R.S. § 27-926 — Arizona Code / Title 27 / Chapter 5 / Article 2 / Section 926
27-926 Initiation, extension and completion of reclamation
Status: in_force

27-926. Initiation, extension and completion of reclamation

A. Beginning April 1, 1997, if a surface disturbance cannot be practicably reclaimed concurrently with an exploration operation or at a mining unit, reclamation shall be initiated:

1. Within two years after completing the exploration operation or mining unit.

2. Within two years after cessation of 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 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 mineralization of the commodity 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. The design life of any beneficiation process components existing at a mining unit.

C. Once initiated, the final reclamation measures shall be performed as stated in the approved reclamation plan unless the exploration operation or mining unit is reactivated.
A.R.S. § 27-325 — Arizona Code / Title 27 / Chapter 3 / Article 2 / Section 325
27-325 Use of tamping bar
Status: in_force

27-325. Use of tamping bar

No person shall, whether working for himself or in the employ of another, while loading or charging a hole with explosives, use or employ a metal tamping bar, nor shall any person allow or permit the use of a metal tamping bar while loading or charging a hole by employees under his management or direction.
A.R.S. § 27-924 — Arizona Code / Title 27 / Chapter 5 / Article 2 / Section 924
27-924 Inactive mining units
Status: in_force

27-924. Inactive mining units

A. At an inactive mining unit, the following are not subject to the requirements of this chapter:

1. Voluntary reclamation measures that are not required by federal or state law, regulation or permit.

2. Actions that are required to comply with other local, state or federal laws, regulations, permits, orders or decrees.

3. Maintenance activities.

B. Exploration operations and mineral development, mining, concentrating and leaching activities at an inactive mining unit are subject to the requirements of this chapter only with respect to new surface disturbances created by those operations and activities.
A.R.S. § 27-1230 — Arizona Code / Title 27 / Chapter 6 / Article 2 / Section 1230
27-1230 Notice of plan for existing exploration operations and existing aggregate mining units
Status: in_force

27-1230. Notice of plan for existing exploration operations and existing aggregate mining units

A. The inspector shall give notice of a proposed reclamation plan for an existing exploration operation or an existing aggregate mining unit.  The notice shall be:

1. Filed with the secretary of state.

2. Sent by first class mail to cities and counties located within five miles of the existing exploration operation or the existing aggregate mining unit.

3. Sent by first class mail to the department of water resources, department of environmental quality, multi-county water conservation districts and agencies that own or manage lands on which the exploration operation or aggregate mining unit is located.

4. Sent by first class mail to property owners with property adjoining the exploration operation or aggregate mining unit.

5. Published once each week for two consecutive weeks in a newspaper of general circulation in the county or counties in which the exploration operation or aggregate mining unit is located. If there is no such newspaper, the inspector shall give notice in a newspaper of general circulation that is published in an adjoining county.

6. Posted in five conspicuous public locations within one mile of the exploration operation or aggregate mining unit.

B. The notice shall briefly describe the proposed reclamation plan and shall designate where the plan may be accessed.  The notice shall state that any person who may be adversely affected by the plan may file written comments on the plan within fifteen days after the last publication and request a public meeting.  If there is sufficient public interest by persons who may be adversely affected by the plan, the inspector shall hold a public meeting in the county in which the exploration operation or aggregate mining unit is located.

C. The exploration operation or mining unit's designated representative shall attend the public meeting and respond to questions that relate to information in the reclamation plan.

D. If an interested party cannot attend the public meeting, that party may submit written comments to the inspector before the meeting regarding the reclamation plan, and the inspector shall consider the written comments.

E. The inspector shall adopt rules to implement the provisions of this section.