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 71 - OIL AND GAS COMMISSION (§§ 15-71-101 — 15-71-118) › Section 15-71-103 - Organization - Meetings

(a)
The Oil and Gas Commission shall elect from its number a chair.
(b)
The commission shall establish an office at the county seat of some county in Arkansas in which oil or gas is produced, which place shall be designated by resolution of the commission and at which the records of the commission shall be kept.
(c)
The commission shall meet or hold hearings at times and places found by the commission to be necessary to carry out its duties.
(d)
(1)
A majority of the commission shall constitute a quorum, and a majority of those voting for and against the adoption or promulgation of any rule or order shall be necessary for the adoption or promulgation of the rule or order.
(2)
However, in no event shall any rule or order be adopted or promulgated without receiving at least five (5) affirmative votes.
Amended by Act 2019, No. 315,§ 1221, eff. 7/24/2019.
Acts 1939, No. 105, §§ 2, 3; 1979, No. 113, § 1; A.S.A. 1947, §§ 53-102, 53-103; Acts 1987 (1st Ex. Sess.), No. 32, § 1; 1987 (1st Ex. Sess.), No. 53, § 1; 2009, No. 1175, § 1.
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 71 - OIL AND GAS COMMISSION (§§ 15-71-101 — 15-71-118) › Section 15-71-104 - Counsel for the commission

(a)
(1)
The Oil and Gas Commission, in consultation with the Secretary of the Department of Energy and Environment, may employ an attorney to provide specialized professional services in matters requiring legal representation.
(2)
However, any contract for legal representation shall be subject to approval by the Attorney General, who shall otherwise be attorney for the commission.
(b)
Any member of the commission or the secretary thereof shall have power to administer oaths to any witness in any hearing, investigation, or proceeding contemplated by this act or by any other law of this state relating to the conservation of oil or gas.
Amended by Act 2019, No. 910,§ 3171, eff. 7/1/2019.
Acts 1939, No. 105, § 4; A.S.A. 1947, § 53-104; Acts 2001, No. 1189, § 1.
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 71 - OIL AND GAS COMMISSION (§§ 15-71-101 — 15-71-118) › Section 15-71-105 - Director of Production and Conservation

(a)
(1)
The Oil and Gas Commission may appoint one (1) Director of Production and Conservation.
(2)
The appointment under subdivision (a)(1) of this section is with the approval of the Governor.
(3)
The director serves at the pleasure of the Governor at the salary set by law.
(4)
The director shall report to the Secretary of the Department of Energy and Environment.
(b)
The commission and the Secretary of the Department of Energy and Environment may authorize the director to employ other assistants, petroleum and natural gas engineers, bookkeepers, auditors, gaugers, and stenographers and other employees as necessary to properly administer and enforce the provisions of this act.
(c)
The director shall:
(1)
Be the ex officio secretary of the commission;
(2)
Keep all minutes and records of the commission;
(3)
Collect and remit to the Treasurer of State all moneys collected by the commission;
(4)
Be the executive officer and administrator for all oil and gas activities regulated by the commission;
(5)
Initiate and settle a civil or an administrative action to compel compliance with:
(A)
A law administered by the commission; or
(B)
An order or rule issued by the commission;
(6)
Administer the day-to-day activities of the commission, including without limitation the commission's fiscal and personnel activities; and
(7)
Perform any other duty or act required or authorized by law or the rules or orders of the commission.
Amended by Act 2019, No. 315,§ 1223, eff. 7/24/2019.
Amended by Act 2019, No. 315,§ 1222, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 3172, eff. 7/1/2019.
Acts 1939, No. 105, § 5; 1979, No. 113, § 2; 1983, No. 691, § 10; A.S.A. 1947, §§ 53-102.1, 53-105; Acts 2009, No. 1175, § 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 71 - OIL AND GAS COMMISSION (§§ 15-71-101 — 15-71-118) › Section 15-71-106 - Hearing officer

(a)
The Oil and Gas Commission may appoint one (1) hearing officer to preside at all public hearings of the commission.
(b)
The hearing officer may administer oaths and conduct hearings in conformity with the laws of this state applicable to hearings and proceedings before the commission and the rules of the commission.
Acts 1939, No. 105, § 5; 1981, No. 911, § 1; A.S.A. 1947, § 53-105; Acts 1987, No. 154, § 1; 2009, No. 1175, § 3.
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 71 - OIL AND GAS COMMISSION (§§ 15-71-101 — 15-71-118) › Section 15-71-107 - Control or regulation of oil and gas production - Assessment on production - Use of money - Increase in assessment

(a)
(1)
All common sources of supply of crude oil discovered after January 1, 1937, if so found necessary by the Oil and Gas Commission, shall have the production of oil therefrom controlled or regulated in accordance with the provisions of this act.
(2)
(A)
(i)
The commission is authorized to assess from time to time against each barrel of oil produced and saved a charge not to exceed fifty (50) mills on each barrel.
(ii)
The charge that may be assessed pursuant to this subsection shall apply to each barrel of oil produced and saved, including that from common sources of supply discovered prior to January 1, 1937.
(B)
All moneys so collected shall be used solely to pay the expenses and other costs in connection with the administration of this law.
(b)
(1)
All common sources of supply of natural gas discovered after January 1, 1937, if so found necessary by the commission, shall have the production of gas therefrom controlled or regulated in accordance with the provisions of this act.
(2)
(A)
(i)
The commission is authorized to assess from time to time against each one thousand cubic feet (1,000 cu. ft.) of gas produced and saved from a gas well a charge not to exceed ten (10) mills on each one thousand cubic feet (1,000 cu. ft.) of gas.
(ii)
The charge that may be assessed pursuant to this subsection shall apply to each one thousand cubic feet (1,000 cu. ft.) of natural gas produced and saved, including that from common sources of supply discovered prior to January 1, 1937.
(B)
All moneys collected under subdivision (b)(2)(A)(i) of this section shall be used as follows:
(i)
The first four and one-half (41/2) mills of each gas assessment levied each fiscal year until July 1, 2023, shall be deposited as general revenues; and
(ii)
The remainder shall be used to pay the expenses and other costs in connection with the administration of this law.
(c)
Before the commission implements the collection process of any increase in the millage assessment that may be authorized by law on each barrel of oil or on each one thousand cubic feet (1,000 cu. ft.) of gas, the commission shall first seek review from the Legislative Council or the Joint Budget Committee.
Amended by Act 2021, No. 437,§ 1, eff. 3/24/2021.
Amended by Act 2019, No. 705,§ 1, eff. 4/4/2019.
Amended by Act 2017, No. 977,§ 1, eff. 4/7/2017.
Amended by Act 2015, No. 1046,§ 1, eff. 7/1/2015.
Acts 1939, No. 105, § 6; 1975, No. 166, § 1; 1981, No. 523, § 1; A.S.A. 1947, § 53-106; Acts 1991, No. 252, § 7; 2001, No. 1188, § 1; 2009, No. 1175, §§ 4, 5.
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 71 - OIL AND GAS COMMISSION (§§ 15-71-101 — 15-71-118) › Section 15-71-108 - Purchaser to deduct and remit assessment to commission - Remission by producer

(a)
A person purchasing oil in this state at the well or a person selling gas at the first point of sale under a contract or agreement requiring payments for production to the respective owners thereof, in respect of which production any sums assessed under the provisions of §
15-71-107
are payable to the Oil and Gas Commission, is authorized, empowered, and required to deduct from any sum so payable to a person the amount due the commission by virtue of the assessment and remit that sum to the commission.
(b)
A person taking oil or gas from a well in this state for use or resale, in respect of which production any sums assessed under the provisions of §
15-71-107
are payable to the commission, shall remit any sum so due to the commission in accordance with the commission's rules.
Acts 1939, No. 105, § 7; A.S.A. 1947, § 53-107; Acts 2009, No. 1175, § 6.
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 71 - OIL AND GAS COMMISSION (§§ 15-71-101 — 15-71-118) › Section 15-71-109 - Oil and Gas Commission Fund - Payment of commission vouchers

(a)
All moneys collected under this act, except the first four and one-half (41/2) mills on gas assessments levied each fiscal year until July 1, 2023, under §
15-71-107(b)(2)(A)(i)
, when paid to the Treasurer of State, shall be deposited to the credit of the Oil and Gas Commission Fund.
(b)
The Auditor of State is directed to honor vouchers drawn by the Chair of the Oil and Gas Commission or the disbursing agent designated by the Oil and Gas Commission, and the Treasurer of State is directed to pay warrants so issued. Nothing herein shall be construed to authorize the payment of any voucher unless the voucher has been audited prior to payment, as provided by law.
Amended by Act 2021, No. 437,§ 2, eff. 3/24/2021.
Amended by Act 2019, No. 705,§ 2, eff. 4/4/2019.
Amended by Act 2017, No. 977,§ 2, eff. 4/7/2017.
Amended by Act 2015, No. 1046,§ 2, eff. 7/1/2015.
Acts 1939, No. 105, § 8; A.S.A. 1947, § 53-108.
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 71 - OIL AND GAS COMMISSION (§§ 15-71-101 — 15-71-118) › Section 15-71-112 - Subpoenas

(a)
The Oil and Gas Commission, or any member thereof, is lawfully empowered to issue subpoenas for witnesses, to require their attendance and the giving of testimony before it, and to require the production of books, papers, and records in any proceeding before the commission as may be material upon questions lawfully before the commission.
(b)
Subpoenas shall be served by the sheriff or any other officer authorized by law to serve process in this state.
(c)
No person shall be excused from attending and testifying, or from producing books, papers, and records before the commission or a court, or from obedience to the subpoena of the commission or a court, on the ground or for the reason that the testimony or evidence, documentary or otherwise, required of him or her may tend to incriminate him or her or subject him or her to a penalty or forfeiture. Nothing contained in this section shall be construed as requiring any person to produce any books, papers, or records, or to testify in response to any inquiry, not pertinent to some question lawfully before the commission or court for determination.
(d)
No natural person shall be subjected to criminal prosecution or to any penalty or forfeiture for or on account of any transaction, matter, or thing concerning which he or she may be required to testify or produce evidence, documentary or otherwise, before the commission or court, or in obedience to its subpoena; provided, that no person testifying shall be exempted from prosecution and punishment for perjury committed in so testifying.
(e)
In case of failure or refusal on the part of any person to comply with any subpoena issued by the commission or any member thereof, or in case of the refusal of any witness to testify or answer as to any matter regarding which he or she may be lawfully interrogated, any circuit court in this state, on application of the commission, may in term time or vacation issue an attachment for the person and compel him or her to comply with the subpoena and to attend before the commission and produce the documents, and give his or her testimony upon such matters, as may be lawfully required. The court shall have the power to punish for contempt as in case of disobedience of like subpoena issued by or from the court or for a refusal to testify therein.
Acts 1939, No. 105, § 13; A.S.A. 1947, § 53-113.
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 71 - OIL AND GAS COMMISSION (§§ 15-71-101 — 15-71-118) › Section 15-71-113 - Authority to acquire and maintain unmarked cars

(a)
In order to enable the Oil and Gas Commission to carry out its duties in the most effective and efficient manner, the commission is authorized, in consultation with the Secretary of the Department of Energy and Environment, to acquire and maintain for use by field personnel full-sized sedan automobiles equipped with V-8 engines in the three-hundred-fifty-cubic-inch displacement range, limited slip differentials, and vinyl seat covers.
(b)
Since marked cars sometimes prove a hindrance to the commission in carrying out its inspection, investigation, and enforcement responsibilities, the commission is exempted from any and all laws and administrative rules regarding special registration tags and special decals for state-owned vehicles.
Amended by Act 2019, No. 315,§ 1228, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 3174, eff. 7/1/2019.
Acts 1981, No. 319, § 6; A.S.A. 1947, § 53-138.
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 71 - OIL AND GAS COMMISSION (§§ 15-71-101 — 15-71-118) › Section 15-71-115 - Abandoned and Orphaned Well Plugging Fund

(a)
There is created on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a special revenue fund to be known as the "Abandoned and Orphaned Well Plugging Fund".
(b)
(1)
The fund shall receive funds from:
(A)
Fees assessed by the Oil and Gas Commission;
(B)
Forfeited bonds;
(C)
Proceeds from the sale of hydrocarbons and production equipment located at the site of abandoned and orphaned wells;
(D)
Grants and gifts from private and public sources; and
(E)
Any other revenue as may be authorized by law.
(2)
All moneys collected under the fund shall be deposited into the State Treasury to the credit of the fund as special revenues.
(c)
(1)
The fund shall be used by the commission to:
(A)
Make expenditures through contracts to plug abandoned and orphaned wells and to remediate associated production facilities;
(B)
Award grants to landowners to plug abandoned and orphaned wells and to remediate associated production facilities; and
(C)
Make expenditures for emergency repairs to wells or production facilities endangering the public health and safety.
(2)
Expenditures from the fund may be authorized by the commission through contracts or grants for the payment of plugging costs or the cost of performing corrective work as follows:
(A)
If after the commission gives the well operator notice and hearing and finds that an abandoned well must be plugged, that a leaking well must be plugged, replugged, or repaired, or that a well site must be restored and the well operator fails to perform the required plugging, replugging, repair, or restoration work within the time frame prescribed in the commission order, the commission may authorize fund expenditures to plug, replug, or repair the well or wells and to restore the well site in accordance with commission rules; and
(B)
If the abandoned well or well site operator cannot be identified or located for purposes of notice and hearing, the commission may administratively determine the well or well site to be orphaned, as defined by commission rules, and may authorize expenditures from the fund to plug the orphaned well and restore the orphaned well site.
(d)
The fund may be used by the commission to provide security in the event an oil or gas well operator fails to perform plugging responsibilities under the provisions of §
15-72-217
or fails to correct well conditions that create an imminent danger to the health or safety of the public or threaten significant environmental harm or damage to property.
Acts 2005, No. 1265, § 1; 2005, No. 1267, § 3.
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 71 - OIL AND GAS COMMISSION (§§ 15-71-101 — 15-71-118) › Section 15-71-116 - Annual fee assessment

(a)
(1)
The Oil and Gas Commission shall establish by rule a fee structure to be paid annually by well operators of only those wells producing liquid hydrocarbons.
(2)
The date for payment of the first annual fee assessment shall be determined by rule.
(3)
All annual fees collected shall be deposited into the Abandoned and Orphaned Well Plugging Fund.
(b)
(1)
All bonds or other financial assurances in effect on August 12, 2005, shall remain in effect until released by the commission from obligation through payment of the initial fund fee assessment under this section.
(2)
(A)
Additionally, a person shall file and maintain with the commission the amount of financial security required under this section for two (2) consecutive calendar years of payments to the fund until the required payments have been made if the person is a well operator who:
(i)
Did not operate a well before August 12, 2005; or
(ii)
Has not after August 12, 2005, made annual payments to the fund for at least two (2) consecutive calendar years preceding an application to drill or transfer wells.
(B)
(i)
When the operator has made the required payments, the financial security shall be released.
(ii)
However, the financial security shall not be released under subdivision (b)(2)(B)(i) of this section if the commission has filed a claim against the financial security instrument.
(c)
(1)
Fees shall be assessed for each calendar year, commencing on a date to be established by the commission, for all wells of record on January 1 of each year and each subsequent year.
(2)
The fees assessed by the commission under this section are in addition to any other fees required by law.
(3)
All fees assessed under this section shall be submitted to the commission no later than sixty (60) days after the date listed on the annual fee assessment letter sent to the well operator.
(d)
All the fees assessed and collected by the commission each year under this section shall be deposited into the fund.
(e)
If a well operator is delinquent for more than sixty (60) days in the payment of fees assessed under this section or if amounts have been expended from the fund to plug, repair, or restore an operator's well or well site, no further permits may be issued to that operator, and the commission may issue an order to cease production of that operator's current wells until all delinquent fees and expended fund moneys have been repaid to the fund.
Acts 2005, No. 1266, § 1.
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 71 - OIL AND GAS COMMISSION (§§ 15-71-101 — 15-71-118) › Section 15-71-117 - Fees - Exploration and production fluid transportation system - Natural gas pipeline system operator

(a)
Each application submitted by an operator of an exploration and production fluid transportation system equipped for carrying or pulling a transportation tank as defined by the Oil and Gas Commission's General Rules and Regulations, Rule E-3 shall be accompanied by an application fee for each transportation tank as determined by the Oil and Gas Commission in an amount not to exceed one hundred dollars ($100).
(b)
Each application by a pipeline operator to construct or operate a jurisdictional pipeline system as defined by the Oil and Gas Commission's General Rules and Regulations, Rule D-17 shall be accompanied by a permit fee as determined by the commission in an amount not to exceed five thousand dollars ($5,000).
(c)
(1)
Each application for a hearing shall be accompanied by a fee as determined by the commission in an amount up to two dollars ($2.00) for each person whose address is provided by the applicant and the applicant has identified in the application or requested to receive a copy of the order from the hearing under the Oil and Gas Commission's General Rules Rule A-2(a)(5).
(2)
Subdivision (c)(1) of this section shall not apply to an application filed by the commission.
(d)
The fees collected under subsections (a)-(c) of this section are cash funds of the commission to use in any manner permissible under law.
Amended by Act 2019, No. 315,§ 1233, eff. 7/24/2019.
Added by Act 2013, No. 1466,§ 1, eff. 8/16/2013.
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 71 - OIL AND GAS COMMISSION (§§ 15-71-101 — 15-71-118) › Section 15-71-118 - Investments

(a)
All funds that are held in any trust or special revenue fund administered by the Oil and Gas Commission may be invested and reinvested subject to the written approval of the Treasurer of State.
(b)
All investments as authorized for use by the Treasurer of State may be available for the funds held in any trust fund administered by the commission.
(c)
The movement of funds into and out of investments under this section shall be by fund transfers as directed by the commission, or its designee.
Added by Act 2023, No. 28,§ 7, eff. 7/1/2023.
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 1 - GENERAL PROVISIONS (§§ 15-72-101 — 15-72-110) › Section 15-72-101 - Declaration of policy

In recognition of past, present, and imminent evils occurring in the production and use of oil and gas as a result of waste in the production and use thereof in the absence of coequal or correlative rights of owners of crude oil or natural gas in a common source of supply to produce and use the crude oil or natural gas, this law is enacted for the protection of public and private interests against such evils by prohibiting waste and compelling ratable production.
Acts 1939, No. 105, § 1; A.S.A. 1947, § 53-101.
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 1 - GENERAL PROVISIONS (§§ 15-72-101 — 15-72-110) › Section 15-72-103 - Penalty

(a)
(1)
(A)
A person who violates this subchapter or a rule or order of the Oil and Gas Commission made under this subchapter, in the event a penalty for the violation is not otherwise provided for in this subchapter, is subject to a penalty not to exceed two thousand five hundred dollars ($2,500) a day for each day of violation and for each violation.
(B)
A person who transports a liquid or other substance and violates a rule or order of the commission by dumping or disposing of the liquid or other substance improperly or without authorization at a well or well site is subject to a penalty not to exceed one hundred thousand dollars ($100,000) for each violation.
(2)
(A)
If the penalty is not recovered by the commission within the time frame specified by the commission, the penalty may be recovered in a suit in the circuit court of the county where the defendant resides or in the county of the residence of any defendant if there is more than one (1) defendant, or in the circuit court of the county where the violation took place.
(B)
The place of suit shall be selected by the commission.
(3)
The suit, by direction of the commission, shall be instituted and conducted in the name of the commission by the attorney for the commission or by the Attorney General or under his or her direction by the prosecuting attorney of the county where the suit is instituted.
(b)
The payment of any penalty as provided for in this section shall not have the effect of changing illegal oil into legal oil, illegal gas into legal gas, or illegal product into legal product, nor shall the payment have the effect of authorizing the sale, purchase, acquisition, transportation, refining, processing, or handling in any other way of such illegal oil, illegal gas, or illegal product, but to the contrary, penalty shall be imposed for each prohibited transaction relating to the illegal oil, illegal gas, or illegal product.
(c)
Any person knowingly and willfully aiding or abetting any other person in the violation of any statute of this state relating to the conservation of oil or gas, or the violation of any provision of this act, or any rule or order made thereunder shall be subject to the same penalties as are prescribed herein for the violation by the other person.
Amended by Act 2019, No. 315,§ 1237, eff. 7/24/2019.
Amended by Act 2019, No. 315,§ 1236, eff. 7/24/2019.
Amended by Act 2013, No. 1262,§ 1, eff. 8/16/2013.
Acts 1939, No. 105, § 22; 1981, No. 523, § 5; A.S.A. 1947, § 53-122; Acts 2007, No. 859, § 3.
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 1 - GENERAL PROVISIONS (§§ 15-72-101 — 15-72-110) › Section 15-72-104 - Falsifying or failing to keep records - Willfully violating the Safe Drinking Water Act

(a)
Any person shall be deemed guilty of a misdemeanor and shall be subject, upon conviction in any court of competent jurisdiction, to a fine of not more than five thousand dollars ($5,000), or to imprisonment for a term of not more than six (6) months, or to both fine and imprisonment if that person, for the purpose of evading this act, or of evading any rule or order made hereunder:
(1)
Shall intentionally make or cause to be made any false entry or statement of fact in any report required to be made by this act or by any rule or order made hereunder;
(2)
Shall make or cause to be made any false entry in any account, record, or memorandum kept by any person in connection with the provisions of this act or of any rule or order made hereunder;
(3)
Shall omit to make, or cause to be omitted, full, true, and correct entries in the accounts, records, or memoranda, of all facts and transactions pertaining to the interest or activities in the petroleum industry of that person as may be required by the Oil and Gas Commission under authority given in this act or by any rule or order made hereunder;
(4)
Shall remove out of the jurisdiction of the state or shall mutilate, alter, or by any other means falsify any book, record, or other paper pertaining to the transactions regulated by this act, or by any rule or order made hereunder.
(b)
Any person who willfully violates any program requirement under the applicable provisions of the Safe Drinking Water Act, Pub. L. No. 93-523, as amended, for the control of underground injection shall be deemed guilty of a misdemeanor and shall be subject to the penalty provided in subsection (a) of this section.
Amended by Act 2019, No. 315,§ 1238, eff. 7/24/2019.
Acts 1939, No. 105, § 21; 1981, No. 523, § 4; A.S.A. 1947, § 53-121.
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 1 - GENERAL PROVISIONS (§§ 15-72-101 — 15-72-110) › Section 15-72-105 - Prohibition on wasting oil or gas

Waste of oil or gas as defined in this act is prohibited.
Acts 1939, No. 105, § 10; A.S.A. 1947, § 53-110.
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 1 - GENERAL PROVISIONS (§§ 15-72-101 — 15-72-110) › Section 15-72-106 - Court review by aggrieved person - Injunction

(a)
Any interested person adversely affected by any statute of this state with respect to conservation of oil or gas, or both; by any provisions of this act; by any rule or order made by the Oil and Gas Commission hereunder; or by any act done or threatened hereunder, and who has exhausted his or her administrative remedy, may obtain court review and seek relief by a suit for injunction against the commission as defendant or against the members of the commission by suit in the circuit court of the county in which the property involved is located.
(b)
The suit shall have precedence over all other causes, proceedings, or suits on the docket of a different nature, and the attorney representing the commission may have the case set for trial after ten (10) days' notice to the plaintiff or his or her attorney.
(c)
In the trial, the burden of proof shall be upon the plaintiff, and all pertinent evidence with respect to the validity and reasonableness of the order of the commission complained of shall be admissible.
(d)
The statute, provision of this act, or the rule or order complained of shall be taken as prima facie valid, and such presumption shall not be overcome in connection with any application for injunctive relief, including temporary restraining order, by verified bill or affidavit of or in behalf of the applicant.
(e)
The right of review accorded by this section shall be inclusive of all other remedies, but the right of appeal shall lie as hereinafter set forth.
Amended by Act 2019, No. 315,§ 1240, eff. 7/24/2019.
Amended by Act 2019, No. 315,§ 1239, eff. 7/24/2019.
Acts 1939, No. 105, § 17; A.S.A. 1947, § 53-117.
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 1 - GENERAL PROVISIONS (§§ 15-72-101 — 15-72-110) › Section 15-72-107 - Notice prerequisite to temporary restraining order or injunction

(a)
No temporary restraining order or injunction of any kind shall be granted against the Oil and Gas Commission or members thereof, or against the Attorney General, or against any agent, employee, or representative of the commission, restraining the commission or any of its members, agents, employees, or representatives, or the Attorney General from enforcing any statute of this state or any rule or order made thereunder except after three (3) days' notice served upon some person in the principal office of the commission of the time, place, and court before which application for the order shall be made.
(b)
If the commission shall so request at the hearing, it shall be entitled to a trial on the merits within ten (10) days after the granting of any temporary order. If the plaintiff is not ready for trial at that time, the court shall be authorized to dissolve the temporary restraining order.
Amended by Act 2019, No. 315,§ 1241, eff. 7/24/2019.
Acts 1939, No. 105, § 18; A.S.A. 1947, § 53-118.
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 1 - GENERAL PROVISIONS (§§ 15-72-101 — 15-72-110) › Section 15-72-108 - Injunctions for enforcement

(a)
Whenever it shall appear that any person is violating, or threatening to violate, any statute of this state with respect to the conservation of oil or gas, or both, or any provision of this act, or any rule or order made thereunder by any act done in the operation of any well producing oil or gas or by omitting any act required to be done thereunder, the Oil and Gas Commission through its counsel or the Attorney General may bring suit against that person in the circuit court in the county in which the well in question is located, to restrain the person from continuing the violation or from carrying out the threat of violation.
(b)
In the suit the commission may obtain injunctions, prohibitory and mandatory, including temporary restraining orders and temporary injunctions, as the facts may warrant, including, when appropriate, an injunction restraining any person from moving or disposing of illegal oil, illegal gas, or illegal product. Any or all such commodities may be ordered to be impounded or placed under the control of an agent appointed by the court if, in the judgment of the court, the action is advisable.
(c)
If the defendant cannot be personally served with summons in that county, personal jurisdiction of that defendant in the suit may be obtained by service made on any employee or agent of that defendant working on or about the oil or gas well involved in the suit and by the commission's mailing a copy of the complaint in the action to the defendant at the address of the defendant then recorded with the Director of the Oil and Gas Commission.
Amended by Act 2019, No. 315,§ 1242, eff. 7/24/2019.
Acts 1939, No. 105, § 19; A.S.A. 1947, § 53-119.
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 1 - GENERAL PROVISIONS (§§ 15-72-101 — 15-72-110) › Section 15-72-109 - Application to drill - Applicant address

Each application for the drilling of a well in search of oil or gas in this state shall include the address of the residence of the applicant or of each applicant, which address shall be the address of each person involved in accordance with the records of the Director of the Oil and Gas Commission until the address is changed on the records of the Oil and Gas Commission after written request.
Acts 1939, No. 105, § 19; A.S.A. 1947, § 53-119.
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 1 - GENERAL PROVISIONS (§§ 15-72-101 — 15-72-110) › Section 15-72-110 - Appeals

In all proceedings brought under authority of this act, of any oil or gas conservation statute of this state, or of any rule or order issued thereunder and in all proceedings instituted for the purpose of contesting the validity of any provision of the act, of any oil or gas conservation statute, or of any rule or order issued thereunder, appeals may be taken in accordance with the general laws of the State of Arkansas relating to appeals. However, in all appeals from judgments or decrees in suits to contest the validity of any provision of this act, or any rule of the Oil and Gas Commission hereunder, the appeals when docketed in the Supreme Court shall take precedence over other cases on the docket of that court and may be advanced as that court may order and direct.
Amended by Act 2019, No. 315,§ 1243, eff. 7/24/2019.
Acts 1939, No. 105, § 20; A.S.A. 1947, § 53-120.
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 15-72-201 - Definitions

As used in this act, unless the context otherwise requires:
(1)
"Operator" means the person who has the right to enter upon the lands of another for the purpose of exploring, drilling, and developing for the production of brine, oil, gas, and all other petroleum hydrocarbons;
(2)
"Person" means any natural person, corporation, association, partnership, trustee, guardian, executor, administrator, fiduciary, or representative of any kind; and
(3)
"Surface owner" means the owner or owners of record of the surface of the property on which the drilling operation is to occur.
Acts 1983, No. 902, § 1; A.S.A. 1947, § 53-216.
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 15-72-202 - Penalties for violation of certain sections

(a)
Any person, firm, or corporation violating §
15-72-206
, §
15-72-208(a)
, §
15-72-217
, §
15-72-208(b)
, §
15-72-210
, or §
15-72-211
is subject to a civil penalty for each violation not to exceed two thousand five hundred dollars ($2,500), to be assessed by the Oil and Gas Commission.
(b)
If the civil penalty is not recovered by the commission within the time frame specified by the commission, the civil penalty and a reasonable attorney's fee to be fixed by the court may be recovered in an action brought by the commission in the name of the State of Arkansas.
(c)
The civil penalty and attorney's fees collected shall be turned into the general road fund of the county where a leak is located to be used on the roads, bridges, and highways of the county, in the discretion of the county court.
Acts 1917, No. 166, §§ 5, 7, p. 890; C. & M. Dig., §§ 7303, 7305; Pope's Dig., §§ 9359, 9361; A.S.A. 1947, §§ 53-205, 53-207; Acts 2007, No. 859, § 4; 2009, No. 1175, § 12.
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 15-72-204 - Prerequisite for drilling permit - Operator's proof of financial responsibility

(a)
Before the Oil and Gas Commission issues a permit to drill, an operator who is doing business in this state and is not subject to the provisions of §
15-71-116
shall file proof of financial responsibility with the commission.
(b)
Before the commission transfers a well and issues a producer's certificate of compliance and authorization to transport oil or gas, a person who acquires the right of an operator of an existing well and is not subject to the provisions of §
15-71-116
shall file proof of financial responsibility with the commission.
Acts 1983, No. 902, § 3; A.S.A. 1947, § 53-218; Acts 1991, No. 559, § 1; 2009, No. 1175, § 13.
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 15-72-205 - Notice of intent to drill - Permit and fee

(a)
Before any well shall be drilled in search of oil or gas, the person desiring to drill the well shall notify the commission upon a form the commission may prescribe and shall pay a fee of one hundred fifty dollars ($150) or any sum the commission may prescribe for each well; provided, in no event shall the fee exceed three hundred dollars ($300).
(b)
The drilling of any well is prohibited until the notice is given and the fee has been paid and permit granted.
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 15-72-206 - Casing oil or gas wells - Keeping sands separate

(a)
The owner or operator of any well put down for the purpose of exploring for, or producing, oil or gas, shall, during the course of drilling, case off all fresh or salt water from each oil-producing or gas-producing sand encountered while drilling, the casing to be set in the well in such manner as to exclude all water from penetrating the first into a lower oil-bearing or gas-bearing sand, the well shall be cased in such manner as to exclude all fresh or salt water from all oil-bearing or gas-bearing sands encountered during the course of the drilling operations.
(b)
Should any well so drilled produce oil or gas in paying quantities through the first or any succeeding oil-bearing or gas-bearing sand, the oil or gas shall be conserved by either casing or mudding it off, so as to confine it in the gas-bearing or oil-bearing sand where found.
Acts 1917, No. 166, § 1, p. 890; C. & M. Dig., § 7299; Pope's Dig., § 9355; A.S.A. 1947, § 53-201; Acts 2007, No. 859, § 5.
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 15-72-207 - Log requirements generally

(a)
It shall be the duty of the owner of any well drilled for gas or oil to keep a careful and accurate log of the drilling of the well.
(b)
The log shall show:
(1)
The character and depth of the formation passed through or encountered in the drilling of the well; and
(2)
The location and depth of the water-bearing strata, together with the character of the water encountered from time to time; and
(3)
At what point the water was shut off, if at all, and if not, so state in the log; and
(4)
The depth at which oil-bearing or gas-bearing strata is encountered; and
(5)
The character of the oil-bearing or gas-bearing strata; and
(6)
Whether all water overflowing or underlying the oil-bearing or gas-bearing strata was successfully and permanently shut off, so as to prevent the percolation or penetration into the oil-bearing or gas-bearing strata.
(c)
The log shall:
(1)
Be verified by the person in charge of the drilling;
(2)
Be attested as correct by the owners of the well;
(3)
Be filed with the county clerk of the county in which the well is located, and preserved by him or her in the public records; and
(4)
Definitely describe the location of the well.
Acts 1917, No. 166, § 6, p. 890; C. & M. Dig., § 7304; Pope's Dig., § 9360; A.S.A. 1947, § 53-206.
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 15-72-208 - Proper confinement of gas by possessor of well

(a)
Any person, copartnership, corporation, owner, lessee, or manager in possession of any well producing natural gas, in order to prevent the gas from wasting by escape shall, within four (4) days after penetrating the gas-bearing sand in any well drilled, shut in and confine the gas in the well until the gas therein shall be utilized for light, fuel, or steam power.
(b)
(1)
It shall be unlawful for any person, firm, or corporation having possession or control of any gas well, whether as contractor, owner, lessee, or manager, to allow or permit the flow of natural gas of any such well to flow into the open air without being confined to such well or pipe or other safe receptacles for a longer period than three (3) days after the gas shall have been struck and produced in that well.
(2)
If the well cannot be confined within three (3) days, the person controlling the well shall continue with the utmost diligence to confine it as soon as possible.
(c)
Failure to comply with subsection (b) of this section shall subject the person failing to the penalties and procedure set out in §
15-72-202 (b)
.
Acts 1917, No. 166, §§ 2, 8, p. 890; C. & M. Dig., §§ 7300, 7306; Pope's Dig., §§ 9356, 9362; A.S.A. 1947, §§ 53-202, 53-208.
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 15-72-209 - Right of others to confine gas

In addition to the penalties described in §
15-72-202
for failure to confine natural gas, any person or corporation lawfully in possession of lands upon which the gas well is situated or adjoining or adjacent thereto or in the vicinity of the well may enter upon the lands on which such well is situated and take possession of the well from which the gas is allowed to escape in violation of §
15-72-202
, after the failure for ten (10) hours of the party in control thereof to use the utmost diligence to confine the gas, pack and tube the well, and shut in and secure the flow of gas, and may maintain a civil action in any court of competent jurisdiction in this state against the owner, lessee, agent, or manager of the well, and each of them, jointly or severally, to recover the cost and expense of the tubing and packing, together with attorney's fees to be taxed as part of the cost.
Acts 1917, No. 166, § 9, p. 890; C. & M. Dig., § 7307; Pope's Dig., § 9363; A.S.A. 1947, § 53-209.
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 15-72-210 - Gas leaks in pipelines, machinery, etc

(a)
It is the duty of any person discovering any leak in any pipeline for the transportation of natural gas, or in any machinery, apparatus, or device used in the regulation, distribution, or transportation thereof immediately to notify the owner of the pipeline or other appliance and also to notify the gas inspector of the leak.
(b)
It is the duty of the owner of the pipeline or other apparatus from which gas is escaping to immediately repair it.
(c)
It is the duty of the gas inspector on receiving reliable information of the leak or on personal knowledge thereof immediately to notify the owner of the pipeline or appliance of the leak and to immediately repair it.
(d)
Should the owner of the pipeline, apparatus, appliance, or device fail to at once repair the leak or use the utmost diligence to do so, he or she shall be subject to the penalty set out in §
15-72-202 (b)
.
Acts 1917, No. 166, § 7, p. 890; C. & M. Dig., § 7305; Pope's Dig., § 9361; A.S.A. 1947, § 53-207.