reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 6 - OIL, GAS, AND BRINE (§§ 15-71-101 — 15-76-324) › Chapter 72 - OIL AND GAS PRODUCTION AND CONSERVATION (§§ 15-72-101 — 15-72-1112) › Subchapter 2 - WELLS AND DRILLING GENERALLY (§§ 15-72-201 — 15-72-219) › Section 15-72-211 - Flambeau lights

(a)
(1)
The use of natural gas for illuminating purposes in what are known as "flambeau" lights is a wasteful and extravagant use thereof and is dangerous to the public good, and it shall therefore be unlawful for any company, corporation, or person to use natural gas for illuminating purposes in what are known as flambeau lights in cities, towns, highways, or elsewhere.
(2)
This shall not be construed as to prohibit the use of the gas in what are known as "jumbo" burners, enclosed in glass globes or lamps, or by the use of other burners of similar character so enclosed as will consume no more gas than jumbo burners.
(3)
This shall not apply to those engaged in drilling wells while the well is being drilled.
(b)
A violation of this section shall subject the person so violating it to the penalties and proceedings provided in §
15-72-202 (b)
, which is made applicable hereto.
Acts 1917, No. 166, § 11, p. 890; C. & M. Dig., § 7309; Pope's Dig., § 9365; A.S.A. 1947, § 53-210.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 6 - OIL, GAS, AND BRINE (§§ 15-71-101 — 15-76-324) › Chapter 72 - OIL AND GAS PRODUCTION AND CONSERVATION (§§ 15-72-101 — 15-72-1112) › Subchapter 2 - WELLS AND DRILLING GENERALLY (§§ 15-72-201 — 15-72-219) › Section 15-72-212 - Failure to control wild wells

(a)
In order to protect the natural gas fields and oil fields in this state, it is declared to be unlawful for any person to negligently permit any gas or oil well to go wild or to get out of control.
(b)
The owner of any wild well shall, after twenty-four (24) hours' written notice by the Oil and Gas Commission given to him or her or to the person in possession of the well, make reasonable effort to control such well.
(c)
The commission shall have the right to take charge of the work of controlling any wild well and shall have the right to proceed through its own agents or by contract with a responsible contractor to control the well or otherwise to prevent the escape or loss of gas or oil from the well all at the reasonable expense of the owner of the well if the owner of the well fails within twenty-four (24) hours after service of the notice provided for in subsection (b) of this section to:
(1)
Control the well if control could reasonably be achieved within the period; or
(2)
Begin in good faith upon service of the notice operations to control the well; or
(3)
Prosecute diligently such operations.
(d)
In order to secure to the commission the payment of the reasonable cost and expense of controlling or plugging the well, the commission shall retain the possession of the well and shall be entitled to receive and retain the rents, revenues, and incomes therefrom until the costs and expense incurred by the commission shall be repaid. When all costs and expenses have been repaid, the commission shall restore possession of the well to the owner. However, in the event the income received by the commission shall not be sufficient to reimburse the commission as provided for in this section, the commission shall have a lien or privilege upon all of the property of the owner of the well, except property exempt by law. The commission shall then proceed to enforce the lien or privilege by suit brought in any court of competent jurisdiction the same as any other civil action and the judgment so obtained shall be executed in the same manner now provided by law for execution of judgments. Any excess over the amount due the commission which the property seized and sold may bring, after payment of court costs, shall be paid over to the owner of the well.
Acts 1939, No. 105, § 26; A.S.A. 1947, § 53-126.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 6 - OIL, GAS, AND BRINE (§§ 15-71-101 — 15-76-324) › Chapter 72 - OIL AND GAS PRODUCTION AND CONSERVATION (§§ 15-72-101 — 15-72-1112) › Subchapter 2 - WELLS AND DRILLING GENERALLY (§§ 15-72-201 — 15-72-219) › Section 15-72-213 - Surface owner's lien for damages caused by operator neglect

Any surface owner who is damaged or threatened with damage by the neglect of the operator will have a lien upon the fixtures or equipment owned by the operator, with all oil, gas, and other hydrocarbons produced therefrom which may be run to the credit of the operator to secure payment for all damages that can be lawfully recovered under the terms of the oil and gas lease or leases covering the particular property and under which drilling operations are being undertaken by the operator. The lien shall also secure payment for any other damages that the surface owner would be entitled to recover from the operator under the laws of the State of Arkansas.
Acts 1983, No. 902, § 4; A.S.A. 1947, § 53-219.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 6 - OIL, GAS, AND BRINE (§§ 15-71-101 — 15-76-324) › Chapter 72 - OIL AND GAS PRODUCTION AND CONSERVATION (§§ 15-72-101 — 15-72-1112) › Subchapter 2 - WELLS AND DRILLING GENERALLY (§§ 15-72-201 — 15-72-219) › Section 15-72-214 - Surface owner's claim for damages caused by operator neglect

(a)
Each operator shall remain liable under the proof of financial responsibility as filed with the Oil and Gas Commission until released by the Director of Production and Conservation.
(b)
Any surface owner seeking to recover thereunder for damages caused by the neglect of the operator must file written notice of claim therefor with the commission within one (1) year of the date of issuance of the permit for such drilling operations. However, that claim shall be subordinate to the rights of the commission under the proof of financial responsibility to secure compliance by the operator with the provisions of §§
15-71-101
-
15-71-112
,
15-72-101
-
15-72-110
,
15-72-205
,
15-72-212
,
15-72-216
,
15-72-301
-
15-72-324
, and
15-72-401
-
15-72-407
, as amended, and the rules of the commission promulgated thereunder.
Amended by Act 2019, No. 315,§ 1245, eff. 7/24/2019.
Acts 1985, No. 559, § 1; A.S.A. 1947, § 53-220.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 6 - OIL, GAS, AND BRINE (§§ 15-71-101 — 15-76-324) › Chapter 72 - OIL AND GAS PRODUCTION AND CONSERVATION (§§ 15-72-101 — 15-72-1112) › Subchapter 2 - WELLS AND DRILLING GENERALLY (§§ 15-72-201 — 15-72-219) › Section 15-72-216 - Requirement that dry or abandoned wells be plugged - Notice of abandonment

(a)
Each abandoned well and each dry hole promptly shall be plugged in the manner and within the time required by rules to be prescribed by the Oil and Gas Commission. The owner of the well shall give notice upon a form the commission may prescribe of the drilling of each dry hole and of the owner's intention to abandon.
(b)
No well shall be abandoned until the notice has been given and no fee shall be required to be paid with this notice.
Amended by Act 2019, No. 315,§ 1246, eff. 7/24/2019.
Acts 1939, No. 105, § 25; 1979, No. 113, § 4; 1981, No. 523, § 6; A.S.A. 1947, § 53-125.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 6 - OIL, GAS, AND BRINE (§§ 15-71-101 — 15-76-324) › Chapter 72 - OIL AND GAS PRODUCTION AND CONSERVATION (§§ 15-72-101 — 15-72-1112) › Subchapter 2 - WELLS AND DRILLING GENERALLY (§§ 15-72-201 — 15-72-219) › Section 15-72-218 - Plugging dry or abandoned well by another

Whenever any person is injured or threatened with injury by neglect to comply with the provisions of §
15-72-217
, it shall be lawful for that person, after notice to the owner, lessee, or caretaker of the premises upon which the well is located, to:
(1)
Enter upon the premises;
(2)
Fill and plug the well in the manner provided in §
15-72-217
; and
(3)
Recover the expense thereof from the person, whose duty it was to fill up or plug the well in like manner. Debts of such amounts are recoverable, and the person shall have a lien upon the fixtures, machinery, and leasehold interest of the owner or operator of the well for all sums expended in filling and plugging the well, and for the costs of the suit, including a reasonable attorney's fee, to be fixed by the court.
Acts 1917, No. 166, § 4, p. 890; C. & M. Dig., § 7302; Pope's Dig., § 9358; A.S.A. 1947, § 53-204.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 6 - OIL, GAS, AND BRINE (§§ 15-71-101 — 15-76-324) › Chapter 72 - OIL AND GAS PRODUCTION AND CONSERVATION (§§ 15-72-101 — 15-72-1112) › Subchapter 3 - POOLS AND DRILLING UNITS (§§ 15-72-301 — 15-72-324) › Section 15-72-301 - Applicability of sections 15-72-307 - 15-72-314

The provisions of §§
15-72-307
-
15-72-314
shall be applicable to each pool or any portion thereof in the State of Arkansas.
Acts 1939, No. 105, § 15; 1965, No. 41, § 1; A.S.A. 1947, § 53-115.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 6 - OIL, GAS, AND BRINE (§§ 15-71-101 — 15-76-324) › Chapter 72 - OIL AND GAS PRODUCTION AND CONSERVATION (§§ 15-72-101 — 15-72-1112) › Subchapter 3 - POOLS AND DRILLING UNITS (§§ 15-72-301 — 15-72-324) › Section 15-72-303 - Authority to integrate production in drilling units

(a)
When two (2) or more separately owned tracts are embraced within an established drilling unit, when there are separately owned interests in all or part of the drilling unit, or when there are separately owned tracts and separately owned interests in all or part of such a drilling unit, the owners thereof may voluntarily pool, combine, and integrate their tracts or interests for the development or operation of that drilling unit.
(b)
When the owners fail or refuse voluntarily to integrate their interests, upon the application of any such owner or operator, the commission, for the prevention of waste or to avoid the drilling of unnecessary wells, shall enter its order integrating all tracts and interests in the drilling unit for the development or operation of the drilling unit and the sharing of production from the drilling unit.
Acts 1939, No. 105, § 15; 1963, No. 536, § 1; A.S.A. 1947, § 53-115; Acts 2005, No. 137, § 2.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 6 - OIL, GAS, AND BRINE (§§ 15-71-101 — 15-76-324) › Chapter 72 - OIL AND GAS PRODUCTION AND CONSERVATION (§§ 15-72-101 — 15-72-1112) › Subchapter 3 - POOLS AND DRILLING UNITS (§§ 15-72-301 — 15-72-324) › Section 15-72-306 - Limitation on production if no integration

Should the owners of separate tracts embraced within a drilling unit fail to agree upon the integration of the tracts and the drilling of a well on the unit and should it be established that the commission is without authority to require integration as provided by §§
15-72-303
-
15-72-305
, then subject to all other applicable provisions of this act, the owner of each tract embraced within the drilling unit may drill on his or her tract. However, the allowable production from the tract shall be the proportion of the allowable for the full drilling unit as the area of the separately owned tract bears to the full drilling unit.
Acts 1939, No. 105, § 15; A.S.A. 1947, § 53-115.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 6 - OIL, GAS, AND BRINE (§§ 15-71-101 — 15-76-324) › Chapter 72 - OIL AND GAS PRODUCTION AND CONSERVATION (§§ 15-72-101 — 15-72-1112) › Subchapter 3 - POOLS AND DRILLING UNITS (§§ 15-72-301 — 15-72-324) › Section 15-72-307 - Formation of units not in restraint of trade

The formation of any drilling unit or salt water disposal unit as provided in this subchapter and the operation of that unit under order of the Oil and Gas Commission shall not be a violation of any statute of this state relating to trusts, monopolies, contracts, or combinations in restraint of trade.
Acts 1939, No. 105, § 15; 1951, No. 134, § 1; 1957, No. 401, § 1; 1965, No. 41, § 1; A.S.A. 1947, § 53-115.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 6 - OIL, GAS, AND BRINE (§§ 15-71-101 — 15-76-324) › Chapter 72 - OIL AND GAS PRODUCTION AND CONSERVATION (§§ 15-72-101 — 15-72-1112) › Subchapter 3 - POOLS AND DRILLING UNITS (§§ 15-72-301 — 15-72-324) › Section 15-72-308 - Petition for unit operation - Hearing

(a)
Upon the filing of a petition as provided in this section, the Oil and Gas Commission after notice shall hold a public hearing to consider the need for the operation as a unit of an entire pool or any portion thereof to prevent waste, to increase ultimate recovery of oil and gas, and to protect correlative rights.
(b)
The petition shall contain the following:
(1)
A description of the proposed unit area;
(2)
A statement of the nature of the proposed unit operation; and
(3)
A conformed copy of the proposed unit operating agreement, which may be a composite of executed counterparts of the agreement.
(c)
The petition may be filed by one (1) or more persons authorized in the unit operating agreement to file it with the commission.
Acts 1939, No. 105, § 15; 1951, No. 134, § 1; A.S.A. 1947, § 53-115.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 6 - OIL, GAS, AND BRINE (§§ 15-71-101 — 15-76-324) › Chapter 72 - OIL AND GAS PRODUCTION AND CONSERVATION (§§ 15-72-101 — 15-72-1112) › Subchapter 3 - POOLS AND DRILLING UNITS (§§ 15-72-301 — 15-72-324) › Section 15-72-309 - Findings to support order requiring unit operation - Issuance

(a)
If after hearing and considering the petition and evidence offered in support thereof the Oil and Gas Commission makes the following findings, it shall issue an order requiring unit operation in accordance with the terms of the proposed unit operating agreement:
(1)
The proposed unit agreement has, or counterparts thereof have, been executed by persons who at the time of filing of the petition owned of record legal title to at least an undivided seventy-five percent (75%) interest in the right to drill into and produce oil or gas from the total proposed unit area and by persons who at that time owned of record legal title to seventy-five percent (75%) of royalty and overriding royalty payable with respect to oil or gas produced from the entire unit area;
(2)
Unit operation of the pool or any portion thereof proposed to be unitized is reasonably necessary to prevent waste, to increase ultimate recovery of oil or gas, and to protect correlative rights; and
(3)
The value of the additional oil or gas to be recovered from the proposed unit area as a result of the proposed unit operation will exceed the additional cost incident to conducting the operation.
(b)
Thereafter, the order and the provisions of the unit operating agreement shall be effective as to and binding upon each person owning an interest in the unit area or in oil or gas produced therefrom or the proceeds thereof.
(c)
With respect to an interest which is encumbered of record with a mortgage or deed of trust both the grantor and grantee therein shall for the purposes of subdivision (a)(1) of this section be considered as the record owner of legal title thereto. However, when the instrument gives the grantor in the mortgage or deed of trust the right to execute the unit agreement, the grantor shall for that purpose be deemed the record owner.
Acts 1939, No. 105, § 15; 1951, No. 134, § 1; A.S.A. 1947, § 53-115.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 6 - OIL, GAS, AND BRINE (§§ 15-71-101 — 15-76-324) › Chapter 72 - OIL AND GAS PRODUCTION AND CONSERVATION (§§ 15-72-101 — 15-72-1112) › Subchapter 3 - POOLS AND DRILLING UNITS (§§ 15-72-301 — 15-72-324) › Section 15-72-310 - Order requiring unit operation - Contents

The order requiring unit operation shall be fair and reasonable under all circumstances and shall include:
(1)
A description of the unit area;
(2)
An allocation upon the basis agreed upon by the provisions of the unit operating agreement to each separately owned tract that for all purposes of this section and §§
15-72-308
,
15-72-309
, and
15-72-311
-
15-72-322
may be a previously established drilling unit if the unit operating agreement so provides in the unit area its fair share of all of the oil and gas produced from the unit area and not required or consumed in the conduct of the operation of the unit area or unavoidably lost. No allocation formula shall be adopted by the Oil and Gas Commission and put into effect unless it is based on the relative contribution to the unit operation, other than physical equipment, made by each separately owned tract or previously established drilling unit;
(3)
A provision for the credits and charges to be made in the adjustment among the owners of the unit area for their respective investments in wells, tanks, pumps, machinery, materials, and equipment contributed to the unit operation. The net amount charged against the owner or owners of a separately owned tract shall be considered expenses of unit operation chargeable against the tract;
(4)
A provision that a part of the expenses of unit operation, including capital investments, be charged to each separately owned tract in the same proportion that the tract shares in the unit production. The expenses chargeable to a tract shall be paid by the person or persons who in the absence of unit operation would be responsible for the expense of developing and operating the tract;
(5)
The time at which the unit operation shall commence; and
(6)
Those additional provisions, not in conflict with or inconsistent with the unit operating agreement, which the commission determines to be appropriate for the prevention of waste and the protection of all interested parties.
Acts 1939, No. 105, § 15; 1951, No. 134, § 1; 1973, No. 22, § 1; A.S.A. 1947, § 53-115.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 6 - OIL, GAS, AND BRINE (§§ 15-71-101 — 15-76-324) › Chapter 72 - OIL AND GAS PRODUCTION AND CONSERVATION (§§ 15-72-101 — 15-72-1112) › Subchapter 3 - POOLS AND DRILLING UNITS (§§ 15-72-301 — 15-72-324) › Section 15-72-311 - Obligation or liability of owners for expenses

The obligation or liability of each owner in the several separately owned tracts for the payment of unit expenses shall at all times be several and not joint or collective. In no event shall an owner of the oil or gas rights in the separately owned tract be chargeable with, obligated, or directly or indirectly liable for more than the amount apportioned, assessed, or otherwise charged to his or her interest in such separately owned tract pursuant to the plan of unitization.
Acts 1939, No. 105, § 15; 1951, No. 134, § 1; A.S.A. 1947, § 53-115.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 6 - OIL, GAS, AND BRINE (§§ 15-71-101 — 15-76-324) › Chapter 72 - OIL AND GAS PRODUCTION AND CONSERVATION (§§ 15-72-101 — 15-72-1112) › Subchapter 3 - POOLS AND DRILLING UNITS (§§ 15-72-301 — 15-72-324) › Section 15-72-312 - Operator's lien

(a)
The operator may have a lien on all of the property owned by each owner within the unit area to secure the payment of his or her proportionate part of the expenses of unit operation.
(b)
The lien may be established by filing an affidavit with the circuit clerk of the county in which the property involved or any part thereof is located. This affidavit shall set forth an itemized statement of the amount due and the interest of the owner in the unit and may be enforced in the manner as now provided for the enforcement of laborers' liens.
Acts 1939, No. 105, § 15; 1951, No. 134, § 1; A.S.A. 1947, § 53-115.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 6 - OIL, GAS, AND BRINE (§§ 15-71-101 — 15-76-324) › Chapter 72 - OIL AND GAS PRODUCTION AND CONSERVATION (§§ 15-72-101 — 15-72-1112) › Subchapter 3 - POOLS AND DRILLING UNITS (§§ 15-72-301 — 15-72-324) › Section 15-72-313 - New unit operation order in pool established by previous order

(a)
The Oil and Gas Commission, upon the filing of a petition in a form complying with the requirements of §
15-72-308
, may after notice and hearing require unit operation of a pool or portion thereof when the unit area newly established embraces a unit area within the same pool established by a previous order of the commission.
(b)
In each case the petition shall be accompanied by a copy of the proposed unit operating agreement with respect to the operation of the unit as so enlarged in the form meeting the requirements of §
15-72-308(b)(3)
.
(c)
In each instance the unit operating agreement shall be executed by persons owning interests in oil and gas in the entire unitized area so enlarged in sufficient numbers to comply with the requirements of §
15-72-309(a)(1)
. However, if the unit operating agreement then in effect with respect to the unit area to which an additional portion of a pool is to be added contains provisions under the terms of which additions to the unit area may be made, the application for enlargement of the unitized area need only be accompanied by an agreement executed by persons owning interests in oil and gas under the area to be added to the unit area in numbers sufficient to comply with the requirements of §
15-72-309(a)(1)
, for the inclusion, in accordance with the plan provided in the unit operating agreement involved, of the additional area to the unit area then existing.
(d)
In either case, the new order, in providing for allocation of unit production from the enlarged unit area, shall first treat the unit area previously established as a single tract. The portion of unit production so allocated thereto shall then be allocated among the separately owned tracts included in the previously established unit area in the same proportion as those specified therefor in the previous order. In no event shall the new order alter the relative values of tract factors of the previously established unit area, except by consent of all parties owning interests in the tract affected.
(e)
An order of the commission entered under this section shall be effective as to the enlarged unit area and to all persons owning interest in oil and gas therein to the same extent as an order entered under §
15-72-309
. It shall contain provisions with respect to the enlarged unit area to meet the requirements of §
15-72-310
, and the provisions of §§
15-72-311
and
15-72-312
shall be applicable to obligations incurred in the operation of the enlarged unit area.
Acts 1939, No. 105, § 15; 1951, No. 134, § 1; A.S.A. 1947, § 53-115.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 6 - OIL, GAS, AND BRINE (§§ 15-71-101 — 15-76-324) › Chapter 72 - OIL AND GAS PRODUCTION AND CONSERVATION (§§ 15-72-101 — 15-72-1112) › Subchapter 3 - POOLS AND DRILLING UNITS (§§ 15-72-301 — 15-72-324) › Section 15-72-314 - Unit area oil and gas - Product of tract

The portion of oil or gas produced from the unit area and allocated to a separately owned tract shall be deemed, for all purposes, to have been actually produced from the tract. Operations for the production of oil or gas from any part of the unit area, conducted pursuant to the order of the Oil and Gas Commission, shall be deemed, for all purposes, to be operations for the production of oil or gas from each separately owned tract in the unit area.
Acts 1939, No. 105, § 15; 1951, No. 134, § 1; A.S.A. 1947, § 53-115.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 6 - OIL, GAS, AND BRINE (§§ 15-71-101 — 15-76-324) › Chapter 72 - OIL AND GAS PRODUCTION AND CONSERVATION (§§ 15-72-101 — 15-72-1112) › Subchapter 3 - POOLS AND DRILLING UNITS (§§ 15-72-301 — 15-72-324) › Section 15-72-315 - Unitization of entire pool as one operating unit

(a)
Where the Oil and Gas Commission has received a proper petition praying an order for the operation of an entire pool as a unit and after proper hearing and evidence has issued its order unitizing the pool, then the following procedure may be instituted by one (1) or more persons authorized in the unit operating agreement to file with it a petition praying for an order setting up a salt water disposal unit within the production unit of the entire pool.
(b)
The unitization of the entire pool as an operating unit must be ordered by the commission as a condition precedent before the petition praying a salt water disposal unit may be filed.
Acts 1939, No. 105, § 15; 1951, No. 134, § 1; 1957, No. 401, § 1; A.S.A. 1947, § 53-115.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 6 - OIL, GAS, AND BRINE (§§ 15-71-101 — 15-76-324) › Chapter 72 - OIL AND GAS PRODUCTION AND CONSERVATION (§§ 15-72-101 — 15-72-1112) › Subchapter 3 - POOLS AND DRILLING UNITS (§§ 15-72-301 — 15-72-324) › Section 15-72-316 - Salt water disposal unit operation of a pool - Petition

(a)
Upon the filing of a petition as hereinafter provided, the Oil and Gas Commission after notice shall hold a public hearing to consider the need to establish a salt water disposal unit for an entire pool.
(b)
The petition shall contain the following:
(1)
A description of the proposed unit area;
(2)
A statement of the nature of the proposed salt water disposal unit operation; and
(3)
A conformed copy of the proposed salt water disposal unit operating agreement which may be a composite of executed counterparts of the agreement.
(c)
The petition may be filed by one (1) or more persons authorized in the salt water disposal unit agreement to file it with the commission.
Acts 1939, No. 105, § 15; 1951, No. 134, § 1; 1957, No. 401, § 1; A.S.A. 1947, § 53-115.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 6 - OIL, GAS, AND BRINE (§§ 15-71-101 — 15-76-324) › Chapter 72 - OIL AND GAS PRODUCTION AND CONSERVATION (§§ 15-72-101 — 15-72-1112) › Subchapter 3 - POOLS AND DRILLING UNITS (§§ 15-72-301 — 15-72-324) › Section 15-72-317 - Findings to support order requiring salt water disposal unit operation

(a)
If, after hearing and considering the petition and evidence offered in support thereof, the Oil and Gas Commission makes the following findings, it shall issue an order requiring salt water disposal unit operation in accordance with the terms of the proposed unit operating agreement:
(1)
The proposed salt water disposal unit agreement has, or counterparts thereof have, been executed by persons who at the time of filing of the petition, owned of record legal title to at least an undivided seventy-five percent (75%) interest in the right to drill into and produce oil and gas from the total proposed unit area and by persons who at that time, owned of record legal title to seventy-five percent (75%) of royalty and overriding royalty payable with respect to oil and gas produced from the entire unit area;
(2)
Salt water disposal unit operation of the pool proposed to be unitized is reasonably necessary to prevent waste, to increase ultimate recovery of oil or gas, and to protect correlative rights; and
(3)
The value of the additional oil and gas to be recovered from the proposed unit area as a result of the proposed salt water disposal unit operation will exceed the additional cost incident to conducting the operation.
(b)
The order and the provisions of the salt water disposal unit operating agreement shall, thereafter, be effective as to and binding upon each person owning an interest in the unit area, or in oil or gas produced therefrom or the proceeds thereof.
(c)
With respect to an interest which is encumbered of record with a mortgage or deed of trust, both the grantor and grantee therein shall, for the purposes of subdivision (a)(1) of this section be considered as the record owner of legal title thereto. However, when the instrument gives the grantor in mortgage or deed of trust the right to execute such a unit agreement, the grantor shall for this purpose be deemed the record owner.
Acts 1939, No. 105, § 15; 1951, No. 134, § 1; 1957, No. 401, § 1; A.S.A. 1947, § 53-115.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 6 - OIL, GAS, AND BRINE (§§ 15-71-101 — 15-76-324) › Chapter 72 - OIL AND GAS PRODUCTION AND CONSERVATION (§§ 15-72-101 — 15-72-1112) › Subchapter 3 - POOLS AND DRILLING UNITS (§§ 15-72-301 — 15-72-324) › Section 15-72-318 - Order requiring salt water disposal unit operation - Contents

The order requiring salt water disposal unit operation shall be fair and reasonable under all circumstances and shall include:
(1)
A description of the salt water disposal unit area;
(2)
An allocation, whereby the portion of production allocated to the owner of each tract included in the unit operating agreement shall be a basis for such charges to be made against each tract for the disposal of salt water produced by the operation of the unit as a whole and shall be considered as expenses of unit operation for the disposal of salt water;
(3)
The time at which the salt water disposal unit operation shall commence; and
(4)
Those additional provisions, not in conflict with or inconsistent with the salt water disposal unit operating agreement, which the Oil and Gas Commission determines to be appropriate for the prevention of waste, water pollution, and the protection of all interested parties.
Acts 1939, No. 105, § 15; 1951, No. 134, § 1; 1957, No. 401, § 1; 1973, No. 22, § 1; A.S.A. 1947, § 53-115.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 6 - OIL, GAS, AND BRINE (§§ 15-71-101 — 15-76-324) › Chapter 72 - OIL AND GAS PRODUCTION AND CONSERVATION (§§ 15-72-101 — 15-72-1112) › Subchapter 3 - POOLS AND DRILLING UNITS (§§ 15-72-301 — 15-72-324) › Section 15-72-319 - Salt water disposal unit operation - Expenses

The obligation or liability of each owner in the several separately owned tracts for the payment of salt water disposal unit expense shall at all times be several and not joint or collective. In no event shall an owner of the oil and gas rights in the separately owned tract be chargeable with, obligated, or directly or indirectly liable for more than the amount apportioned, assessed, or otherwise charged to his or her interest in the separately owned tract pursuant to the plan of unitization.
Acts 1939, No. 105, § 15; 1951, No. 134, § 1; 1957, No. 401, § 1; A.S.A. 1947, § 53-115.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 6 - OIL, GAS, AND BRINE (§§ 15-71-101 — 15-76-324) › Chapter 72 - OIL AND GAS PRODUCTION AND CONSERVATION (§§ 15-72-101 — 15-72-1112) › Subchapter 3 - POOLS AND DRILLING UNITS (§§ 15-72-301 — 15-72-324) › Section 15-72-320 - Salt water disposal unit - Operator's lien

(a)
The operator may have a lien on all of the property owned by each owner within the salt water disposal unit area to secure the payment of his or her proportionate part of the expenses of salt water disposal unit operation.
(b)
The lien may be established by filing an affidavit with the circuit clerk of the county in which the property involved, or any part thereof, is located. This affidavit shall set forth an itemized statement of the amount due and the interest of the owner in the unit and may be enforced in the manner as now provided for the enforcement of laborers' liens.
Acts 1939, No. 105, § 15; 1951, No. 134, § 1; 1957, No. 401, § 1; A.S.A. 1947, § 53-115.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 6 - OIL, GAS, AND BRINE (§§ 15-71-101 — 15-76-324) › Chapter 72 - OIL AND GAS PRODUCTION AND CONSERVATION (§§ 15-72-101 — 15-72-1112) › Subchapter 3 - POOLS AND DRILLING UNITS (§§ 15-72-301 — 15-72-324) › Section 15-72-321 - Enlarged operation of salt water disposal unit established by previous order

(a)
The Oil and Gas Commission, upon the filing of a petition in a form complying with the requirements of §
15-72-316
, may, after notice and hearing, require salt water disposal unit operation of a pool.
(b)
In each case, the petition shall be accompanied by a copy of the proposed salt water disposal unit operating agreement with respect to the operation of the unit as so enlarged, in the form meeting the requirements of §
15-72-316(b)(3)
.
(c)
In each instance, the unit operating agreement shall be executed by persons owning interests in oil and gas in the entire unitized area so enlarged in sufficient numbers to comply with the requirements of §
15-72-317(a)(1)
. However, if the unit operating agreement then in effect with respect to the unit area to which an additional portion of a pool is to be added contains provisions under the terms of which additions to the unit area may be made, the application for enlargement of the unitized area need only be accompanied by an agreement, executed by persons owning interests in oil and gas under the area to be added to the unit area in numbers sufficient to comply with the requirements of §
15-72-317(a)(1)
, for the inclusion, in accordance with the plan provided in the unit operating agreement involved, of the additional area to the unit area then existing.
(d)
In either case, the new order, in providing for allocation of unit production from the enlarged unit area, shall first treat the unit area previously established as a single tract. The portion of unit production so allocated thereto shall then be allocated among the separately owned tracts included in the previously established unit area in the same proportion as those specified therefor in the previous order. In no event shall the new order alter the relative values of tract factors of the previously established unit area, except by consent of all parties owning interests in the tract affected.
(e)
An order of the commission entered under this section shall be effective as to the enlarged salt water disposal unit area and to all persons owning interest in oil and gas therein to the same extent as an order entered under §
15-72-317
, and it shall contain provisions with respect to the enlarged unit area to meet the requirements of §
15-72-318
. The provisions of §§
15-72-319
and
15-72-320
shall be applicable to obligations incurred in the operation of the enlarged salt water disposal unit area.
Acts 1939, No. 105, § 15; 1951, No. 134, § 1; 1957, No. 401, § 1; A.S.A. 1947, § 53-115.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 6 - OIL, GAS, AND BRINE (§§ 15-71-101 — 15-76-324) › Chapter 72 - OIL AND GAS PRODUCTION AND CONSERVATION (§§ 15-72-101 — 15-72-1112) › Subchapter 3 - POOLS AND DRILLING UNITS (§§ 15-72-301 — 15-72-324) › Section 15-72-322 - Oil and gas from salt water disposal unit - Product of tract

The portion of oil and gas produced from the salt water disposal unit and allocated to a separately owned tract shall be deemed, for all purposes, to have been actually produced from the tract. Operations for the production of oil and gas from any part of the unit area, conducted pursuant to the order of the Oil and Gas Commission, shall be deemed, for all purposes, to be operations for the production of oil and gas from each separately owned tract in the unit area.
Acts 1939, No. 105, § 15; 1951, No. 134, § 1; 1957, No. 401, § 1; A.S.A. 1947, § 53-115.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 6 - OIL, GAS, AND BRINE (§§ 15-71-101 — 15-76-324) › Chapter 72 - OIL AND GAS PRODUCTION AND CONSERVATION (§§ 15-72-101 — 15-72-1112) › Subchapter 3 - POOLS AND DRILLING UNITS (§§ 15-72-301 — 15-72-324) › Section 15-72-323 - Notice of public hearings

If public hearings are required, notice of public hearings before the Oil and Gas Commission as provided for in this subchapter shall be given as follows:
(1)
An applicant shall give notice of the public hearing to be held upon an application by one (1) publication at least ten (10) days before the date of the public hearing, but not more than thirty (30) days before the public hearing, in a legal newspaper having a general circulation in the county, or in each county, if there are more than one (1), in which the lands embraced within the application are situated, except that, as to any public hearing pertaining to a matter of general application throughout the State of Arkansas, the notice shall be published in a legal newspaper having statewide circulation; and
(2)
The cost of publication shall be paid for by the applicant.
Amended by Act 2015, No. 906,§ 3, eff. 7/22/2015.
Acts 1939, No. 105, § 15; 1971, No. 351, § 1; A.S.A. 1947, § 53-115.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 6 - OIL, GAS, AND BRINE (§§ 15-71-101 — 15-76-324) › Chapter 72 - OIL AND GAS PRODUCTION AND CONSERVATION (§§ 15-72-101 — 15-72-1112) › Subchapter 3 - POOLS AND DRILLING UNITS (§§ 15-72-301 — 15-72-324) › Section 15-72-324 - Limitation on production

(a)
Whenever the Oil and Gas Commission limits the total amount of oil or gas which may be produced in this state, the limit so fixed shall not be less than the aggregate of the allowables fixed for each separate pool in this state for the prevention of waste in accordance with the foregoing definition of waste, plus the production from unrestricted pools. It shall allocate or distribute the allowable so fixed among the separate pools. The allocation or distribution among the pools of the state shall be made on a reasonable basis, giving to each pool with small wells of settled production an allowable production which will not accelerate or encourage a general premature abandonment of the wells in the pool.
(b)
Whenever the commission limits the total amount of oil or gas which may be produced in any pool in this state to an amount less than that amount which the pool could produce if no restriction were imposed, which limitation may be imposed either incidentally to, or without, a limitation of the total amount of oil or gas which may be produced in the state, the commission shall prorate or distribute the allowable production among the producers in the pool on a reasonable basis so as to prevent or minimize reasonably avoidable drainage from each developed unit which is not equalized by counter drainage and so that each producer will have the opportunity to produce or receive his or her just and equitable share, as above set forth, subject to the reasonable requirements for the prevention of waste.
(c)
After the effective date of any rule or order of the commission fixing the allowable production of oil or gas, or both, for any pool, no person shall produce from any well, lease, or property more than the allowable production which is applicable, nor shall such amount be produced in a different manner than that which may be authorized.
Amended by Act 2019, No. 315,§ 1255, eff. 7/24/2019.
Acts 1939, No. 105, § 16; A.S.A. 1947, § 53-116.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 6 - OIL, GAS, AND BRINE (§§ 15-71-101 — 15-76-324) › Chapter 72 - OIL AND GAS PRODUCTION AND CONSERVATION (§§ 15-72-101 — 15-72-1112) › Subchapter 4 - ILLEGAL OIL AND GAS (§§ 15-72-401 — 15-72-407) › Section 15-72-401 - Prohibition on dealing in illegal oil and gas

(a)
The sale, purchase, or acquisition or the transportation, refining, processing, or handling in any other way of illegal oil, illegal gas, or illegal product is prohibited.
(b)
(1)
Unless and until the Oil and Gas Commission provides for certificates of clearance or tenders, or some other method, so that any person may have an opportunity to determine whether any contemplated transaction of sale, purchase, or acquisition or of transportation, refining, processing, or handling in any other way involves illegal oil, illegal gas, or illegal product, no penalty shall be imposed for the sale, purchase, or acquisition or the transportation, refining, processing, or handling in any other way of illegal oil, illegal gas, or illegal product, except under circumstances hereinafter stated.
(2)
Penalties shall be imposed for the commission of each transaction prohibited in this section when the person committing the transaction knows that illegal oil, illegal gas, or illegal product is involved in the transaction or when the person could have known or determined the fact by the exercise of reasonable diligence or from facts within his or her knowledge. However, regardless of lack of actual notice or knowledge, penalties as provided in this act shall apply to any sale, purchase, or acquisition and to the transportation, refining, processing, or handling in any other way of illegal oil, illegal gas, or illegal product where administrative provision is made for identifying the character of the commodity as to its legality.
(3)
It shall likewise be a violation for which penalties shall be imposed for any person to sell, purchase, or acquire or to transport, refine, process, or handle in any other way any oil, gas, or any product without complying with any rule or order of the commission relating thereto.
Amended by Act 2019, No. 315,§ 1256, eff. 7/24/2019.
Acts 1939, No. 105, § 23; A.S.A. 1947, § 53-123.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 6 - OIL, GAS, AND BRINE (§§ 15-71-101 — 15-76-324) › Chapter 72 - OIL AND GAS PRODUCTION AND CONSERVATION (§§ 15-72-101 — 15-72-1112) › Subchapter 4 - ILLEGAL OIL AND GAS (§§ 15-72-401 — 15-72-407) › Section 15-72-402 - Finding oil and gas to be contraband - Bringing action for seizure and sale

(a)
(1)
Apart from, and in addition to, any other remedy or procedure which may be available to the Oil and Gas Commission, or any penalty which may be sought against or imposed upon any person with respect to violations relating to illegal oil, illegal gas, or illegal product, all illegal oil, illegal gas, and illegal product shall, except under such circumstances as are stated herein, be contraband and shall be seized and sold, and the proceeds applied as provided in §
15-72-406
.
(2)
Sale shall not take place unless the circuit court shall find, in the proceeding provided for in this subchapter, that the commodity involved is contraband.
(b)
(1)
Whenever the commission believes that illegal oil, illegal gas, or illegal product is subject to seizure and sale, as provided in this subchapter, it shall, through its attorney or the Attorney General, bring a civil action in rem for that purpose in the circuit court of the county where the commodity is found, or the action may be maintained in connection with any suit or cross-action for injunction or for penalty relating to any prohibited transaction involving the illegal oil, illegal gas, or illegal product.
(2)
Any interested person who may show himself or herself to be adversely affected by the seizure and sale shall have the right to intervene in the suit to protect his or her rights.
(3)
This action referred to shall be strictly in rem and shall proceed in the name of the state as plaintiff against the illegal oil, illegal gas, or illegal product mentioned in the complaint, as defendant. No bond shall be required of the plaintiff in connection therewith.
Acts 1939, No. 105, § 24; A.S.A. 1947, § 53-124.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 6 - OIL, GAS, AND BRINE (§§ 15-71-101 — 15-76-324) › Chapter 72 - OIL AND GAS PRODUCTION AND CONSERVATION (§§ 15-72-101 — 15-72-1112) › Subchapter 4 - ILLEGAL OIL AND GAS (§§ 15-72-401 — 15-72-407) › Section 15-72-403 - Summons

(a)
Upon the filing of the complaint, the clerk of the court shall issue a summons directed to the sheriff of the county, or to other officers or persons the court may authorize to serve process, requiring them to summon any and all persons, without undertaking to name them, who may be interested in the illegal oil, illegal gas, or illegal product mentioned in the complaint to appear and answer within thirty (30) days after the issuance and service of the summons.
(b)
The summons shall contain the style and number of the suit and a very brief statement of the nature of the cause of action.
(c)
Notice shall be served by posting one (1) copy at the courthouse door of the county where the commodity involved in the suit is alleged to be located and by posting another copy near the place where the commodity is alleged to be located.
(d)
One (1) copy of the summons shall be posted at least five (5) days before the return day stated therein, and the posting of the copy shall constitute constructive possession of the commodity by the state.
(e)
A copy of the summons shall also be published once each week for four (4) weeks in some newspaper published in the county where the suit is pending and having a bona fide circulation therein.
(f)
No judgment shall be pronounced by any circuit court condemning the commodity as contraband until after the lapse of five (5) days from the last publication of the summons. Proof of service of the summons, and the manner thereof, shall be provided by general law.
Acts 1939, No. 105, § 24; A.S.A. 1947, § 53-124.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 6 - OIL, GAS, AND BRINE (§§ 15-71-101 — 15-76-324) › Chapter 72 - OIL AND GAS PRODUCTION AND CONSERVATION (§§ 15-72-101 — 15-72-1112) › Subchapter 4 - ILLEGAL OIL AND GAS (§§ 15-72-401 — 15-72-407) › Section 15-72-404 - Order of seizure

(a)
Where it appears by a verified pleading on the part of the plaintiff, by affidavit, or by oral testimony that grounds for the seizure and sale exist, the clerk, in addition to the summons or warning order, shall issue an order of seizure. This order shall be signed by the clerk and bear the seal of the court.
(b)
The order of seizure shall specifically describe the illegal oil, illegal gas, or illegal product, so that it may be identified with reasonable certainty.
(c)
The order shall direct the sheriff to whom it is addressed to take into his or her custody, actual or constructive, the illegal oil, illegal gas, or illegal product, described therein, and to hold the same subject to the orders of the court.
(d)
The order of seizure shall be executed as a writ of attachment is executed.
(e)
No bond shall be required before the issuance of the order of seizure, and the sheriff shall be responsible upon his or her official bond for the proper execution thereof.
Acts 1939, No. 105, § 24; A.S.A. 1947, § 53-124.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 6 - OIL, GAS, AND BRINE (§§ 15-71-101 — 15-76-324) › Chapter 72 - OIL AND GAS PRODUCTION AND CONSERVATION (§§ 15-72-101 — 15-72-1112) › Subchapter 4 - ILLEGAL OIL AND GAS (§§ 15-72-401 — 15-72-407) › Section 15-72-405 - Conservator

In a proper case, the circuit court may direct the sheriff to deliver the custody of any illegal oil, illegal gas, or illegal product seized by him or her under an order of seizure, to a conservator to be appointed by the court, which conservator shall act as the agent of the court and shall give bond with an approved surety as the court may direct, conditioned that the conservator will faithfully conserve any illegal oil, illegal gas, or illegal product which may come into his or her custody and possession in accordance with the orders of the court. However, the court may in its discretion appoint any member of the commission or any agent of the commission as the conservator.
Acts 1939, No. 105, § 24; A.S.A. 1947, § 53-124.