reglab/statecodes huggingface dataset:
2023 California Code › Public Resources Code - PRC › DIVISION 3 - OIL AND GAS › CHAPTER 1 - Oil and Gas Conservation › ARTICLE 5 - Unreasonable Waste of Gas › Section 3310.

3310. When the decision of the supervisor that there is an unreasonable waste of gas occurring or threatened has become final, a certified copy thereof shall be filed with the director. The director, unless the order is complied with voluntarily, shall have proceedings instituted in the name of the people of the State of California to enjoin the unreasonable waste of gas.
Such proceedings shall be instituted in the superior court of the county in which is situated the property, or any part thereof, where the wastage is occurring or is threatened. Any number of defendants may be joined in the same proceeding, although their properties and interests may be severally owned and their actual or threatened unreasonable wastage of gas may be separate and distinct, if the actual or threatened unreasonable waste by all of the defendants is in, or with reference to, the same producing or prospective oil or gas field.
(Amended by Stats. 1974, Ch. 765.)
2023 California Code › Public Resources Code - PRC › DIVISION 3 - OIL AND GAS › CHAPTER 1 - Oil and Gas Conservation › ARTICLE 5 - Unreasonable Waste of Gas › Section 3311.

3311. In those suits, a restraining order shall not be issued ex parte, and a temporary or permanent injunction issued in the proceedings shall not be refused or dissolved or stayed pending appeal upon the giving of any bond or undertaking or otherwise, but otherwise the procedure, including the procedure on appeal, shall be conformable with the provisions of Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure.
In the proceedings, the findings of the supervisor, unless set aside, or except to the extent modified, by the director, shall constitute prima facie evidence of the unreasonable wastage of gas therein found to be occurring or threatened.
(Amended by Stats. 1981, Ch. 714, Sec. 345.)
2023 California Code › Public Resources Code - PRC › DIVISION 3 - OIL AND GAS › CHAPTER 1 - Oil and Gas Conservation › ARTICLE 5 - Unreasonable Waste of Gas › Section 3312.

3312. Whenever it appears to the director that the owners, lessors, lessees, or operators of any well or wells producing oil and gas or oil or gas are causing or permitting an unreasonable waste of gas, he may institute, or have proceedings instituted, in the name of the people of the State of California, to enjoin the unreasonable waste of gas regardless of whether proceedings have or have not been instituted under sections 3302 to 3305, and regardless of whether an order has or has not been made therein.
Such proceedings shall be instituted in the superior court of the county in which is situated the well or wells, or any thereof, from which the unreasonable waste of gas is occurring. The owners, lessors, lessees, or operators causing or permitting an unreasonable waste of gas in the same oil or gas field may be made parties to the action, although their properties and interests may be separately owned and their unreasonable waste separate and distinct.
(Enacted by Stats. 1939, Ch. 93.)
2023 California Code › Public Resources Code - PRC › DIVISION 3 - OIL AND GAS › CHAPTER 1 - Oil and Gas Conservation › ARTICLE 5 - Unreasonable Waste of Gas › Section 3313.

3313. In such suits a restraining order shall not be issued ex parte, and a temporary or permanent injunction issued in such proceedings shall not be refused or dissolved or stayed pending appeal upon the giving of any bond or undertaking or otherwise, but otherwise the procedure shall be governed by the provisions of Chapter III of Title VII of Part 2 of the Code of Civil Procedure.
(Enacted by Stats. 1939, Ch. 93.)
2023 California Code › Public Resources Code - PRC › DIVISION 3 - OIL AND GAS › CHAPTER 1 - Oil and Gas Conservation › ARTICLE 5 - Unreasonable Waste of Gas › Section 3314.

3314. Proceedings to enjoin waste as contemplated by this chapter shall be special proceedings restricted to the single issue whether gas is being produced or is threatened to be produced in unreasonably wasteful quantities and the extent to which such production should be enjoined on behalf of the State of California.
(Added by Stats. 1955, Ch. 1670.)
2023 California Code › Public Resources Code - PRC › DIVISION 3 - OIL AND GAS › CHAPTER 1 - Oil and Gas Conservation › ARTICLE 5.5 - Subsidence › Section 3316.

3316. Unless the context otherwise requires, the general provisions and definitions contained in this chapter govern the construction of this article.
(Added by Stats. 1958, 1st Ex. Sess., Ch. 73.)
2023 California Code › Public Resources Code - PRC › DIVISION 3 - OIL AND GAS › CHAPTER 1 - Oil and Gas Conservation › ARTICLE 5.5 - Subsidence › Section 3316.1.

3316.1. As used in this article, “person” means any natural person, corporation, association, partnership, limited liability company, joint venture, receiver, trustee, executor, administrator, guardian, fiduciary or other representative of any kind and includes the state and any city, county, city and county, district or any department, agency or instrumentality of the state or of any governmental subdivision whatsoever.
(Amended by Stats. 1994, Ch. 1010, Sec. 204. Effective January 1, 1995.)
2023 California Code › Public Resources Code - PRC › DIVISION 3 - OIL AND GAS › CHAPTER 1 - Oil and Gas Conservation › ARTICLE 5.5 - Subsidence › Section 3316.2.

3316.2. “Pool” means an underground reservoir containing, or appearing at the time of determination to contain, a common accumulation of crude petroleum oil or natural gas or both. Each zone of a general structure which is separated from any other zone in the structure is a separate pool.
(Added by Stats. 1958, 1st Ex. Sess., Ch. 73.)
2023 California Code › Public Resources Code - PRC › DIVISION 3 - OIL AND GAS › CHAPTER 1 - Oil and Gas Conservation › ARTICLE 5.5 - Subsidence › Section 3316.3.

3316.3. “Field” means the same general surface area which is underlaid or reasonably appears to be underlaid by one or more pools.
(Added by Stats. 1958, 1st Ex. Sess., Ch. 73.)
2023 California Code › Public Resources Code - PRC › DIVISION 3 - OIL AND GAS › CHAPTER 1 - Oil and Gas Conservation › ARTICLE 5.5 - Subsidence › Section 3316.4.

3316.4. “Repressuring operations” means gas injection operations, water injection operations, water flooding operations, or any combination thereof, or any other operations intended primarily to arrest or ameliorate subsidence, or to restore or increase the pressure in a pool, or to avoid or minimize a reduction of pressure within a pool.
(Added by Stats. 1958, 1st Ex. Sess., Ch. 73.)
2023 California Code › Public Resources Code - PRC › DIVISION 3 - OIL AND GAS › CHAPTER 1 - Oil and Gas Conservation › ARTICLE 5.5 - Subsidence › Section 3316.5.

3316.5. “Subsidence” means sinking, lowering, collapsing, compaction or other movement of the land whether covered by water or not.
(Added by Stats. 1958, 1st Ex. Sess., Ch. 73.)
2023 California Code › Public Resources Code - PRC › DIVISION 3 - OIL AND GAS › CHAPTER 1 - Oil and Gas Conservation › ARTICLE 5.5 - Subsidence › Section 3316.6.

3316.6. “Unit area” means all or part of a pool or pools included within the area embraced by a unit created pursuant to an order of the supervisor as provided in Section 3322, or created by a unit agreement voluntarily entered into.
(Added by Stats. 1958, 1st Ex. Sess., Ch. 73.)
2023 California Code › Public Resources Code - PRC › DIVISION 3 - OIL AND GAS › CHAPTER 1 - Oil and Gas Conservation › ARTICLE 5.5 - Subsidence › Section 3316.7.

3316.7. “Unit production” means all oil, gas and other hydrocarbon substances produced from a unit area from the effective date of the order of the supervisor creating the unit, or from the effective date of a unit agreement approved by the supervisor.
(Added by Stats. 1958, 1st Ex. Sess., Ch. 73.)
2023 California Code › Public Resources Code - PRC › DIVISION 3 - OIL AND GAS › CHAPTER 1 - Oil and Gas Conservation › ARTICLE 5.5 - Subsidence › Section 3316.8.

3316.8. “Fieldwide repressuring plan” means a plan based upon a competent engineering study or studies, prepared by a petroleum engineer licensed by the State, of all the pools in a field, designed so as to provide for a program of pressure restoration or maintenance as to most effectively arrest or ameliorate subsidence with respect to those land areas referred to in Section 3315.
(Added by Stats. 1958, 1st Ex. Sess., Ch. 73.)
2023 California Code › Public Resources Code - PRC › DIVISION 3 - OIL AND GAS › CHAPTER 1 - Oil and Gas Conservation › ARTICLE 5.5 - Subsidence › Section 3316.9.

3316.9. “Unit agreement” means and includes, in addition to the unit agreement, any unit operating agreement, consent agreement and other agreement entered into in connection with and supplemental to such unit agreement, but shall not include any preliminary agreement confined to effectuating any exchange of interests in tracts of land which the parties to such preliminary agreement may desire.
(Added by Stats. 1958, 1st Ex. Sess., Ch. 73.)
2023 California Code › Public Resources Code - PRC › DIVISION 3 - OIL AND GAS › CHAPTER 1 - Oil and Gas Conservation › ARTICLE 5.5 - Subsidence › Section 3316.10.

3316.10. “Increased production” means that portion of the oil or gas produced from all wells bottomed within a unit area, or within any other area where the supervisor finds repressuring operations feasible, during any year over and above the oil or gas that would have been produced from all wells bottomed within the same area during the identical year at the projected rate of decline for the wells in the absence of repressuring operations conducted pursuant to this article.
(Added by Stats. 1958, 1st Ex. Sess., Ch. 73.)
2023 California Code › Public Resources Code - PRC › DIVISION 3 - OIL AND GAS › CHAPTER 1 - Oil and Gas Conservation › ARTICLE 5.5 - Subsidence › Section 3316.11.

3316.11. “Working interest” means an interest held in lands by virtue of fee title, including lands held in trust, a lease, operating agreement or otherwise, under which the owner of such interest has the right to drill for, develop and produce oil and gas. A working interest shall be deemed vested in the owner thereof even though his right to drill or produce may be delegated to an operator under a drilling and operating agreement, unit agreement, or other type of operating agreement.
(Added by Stats. 1958, 1st Ex. Sess., Ch. 73.)
2023 California Code › Public Resources Code - PRC › DIVISION 3 - OIL AND GAS › CHAPTER 1 - Oil and Gas Conservation › ARTICLE 5.5 - Subsidence › Section 3316.13.

3316.13. “Royalty interest” means a right to or interest in oil and gas produced from any lands or in the proceeds of the first sale thereof other than a working interest.
(Added by Stats. 1958, 1st Ex. Sess., Ch. 73.)
2023 California Code › Public Resources Code - PRC › DIVISION 3 - OIL AND GAS › CHAPTER 1 - Oil and Gas Conservation › ARTICLE 5.5 - Subsidence › Section 3316.14.

3316.14. “Royalty interest owner” means a person owning a royalty interest.
(Added by Stats. 1958, 1st Ex. Sess., Ch. 73.)
2023 California Code › Public Resources Code - PRC › DIVISION 3 - OIL AND GAS › CHAPTER 1 - Oil and Gas Conservation › ARTICLE 5.5 - Subsidence › Section 3316.15.

3316.15. “Unit operator” means the person or persons designated by the unit agreement or in accordance with subdivisions (g) and (j) of Section 3322 as operator or operators of the unitized area.
(Added by Stats. 1958, 1st Ex. Sess., Ch. 73.)
2023 California Code › Public Resources Code - PRC › DIVISION 3 - OIL AND GAS › CHAPTER 1 - Oil and Gas Conservation › ARTICLE 5.5 - Subsidence › Section 3317.

3317. This article applies only to lands, referred to in Section 3315, overlying or immediately adjacent to a producing pool or pools, when such lands are subsiding, portions of which lands are subject to threat of inundation from the sea and which subsidence is endangering the life, health and safety of persons or which is damaging or is threatening to cause damage to, any surface or underground improvements located on such lands overlying or immediately adjacent to such pool or pools. The area within the exterior boundaries established pursuant to Section 3336 shall be known as a “subsidence area.”
(Added by Stats. 1958, 1st Ex. Sess., Ch. 73.)
2023 California Code › Public Resources Code - PRC › DIVISION 3 - OIL AND GAS › CHAPTER 1 - Oil and Gas Conservation › ARTICLE 5.5 - Subsidence › Section 3318.

3318. An order of the supervisor which involves tide or submerged lands which may have been granted to any city, county, or city and county, or district, shall prohibit any impairment of the public trust for commerce, navigation, or fisheries to which the granted lands are subject. The Legislature hereby finds and declares that compliance with any such order containing such prohibition will not impair the public trust for commerce, navigation, or fisheries to which the granted lands are subject, and that any acts or things done pursuant to the terms thereof or resulting therefrom are consistent with and not in violation of the terms and conditions of any such grant or of any trusts, restrictions, or conditions of appertaining thereto. No such order shall effect or result in, or be construed to effect or result in a revocation of or change in any trust pertaining to the granted lands, or in any grant, conveyance, alienation, or transfer of the granted lands, or any part thereof, to any other individual, firm, or corporation, even though such order provides for the pooling of oil, gas, or other hydrocarbon substances produced from the granted lands with oil, gas, or other hydrocarbon substances produced from other lands, or results in the migration of any oil, gas or other hydrocarbon substances between the granted lands and other lands. If any of the granted lands are contained in any unit created or approved by an order of the supervisor, and, when applicable, the State Lands Commission, then any trust, restrictions, or conditions pertaining to any production from the granted lands included within such a unit, or to any proceeds from such production, shall apply only to that part of the production or that part of the proceeds therefrom which is allocated to such city, county, or city and county or district on account of the granted lands under any such order, and shall not apply to any other production or the proceeds therefrom, whether or not the same may have been produced from the granted lands or other lands.
(Added by Stats. 1958, 1st Ex. Sess., Ch. 73.)
2023 California Code › Public Resources Code - PRC › DIVISION 3 - OIL AND GAS › CHAPTER 1 - Oil and Gas Conservation › ARTICLE 5.5 - Subsidence › Section 3320.2.

3320.2. If the supervisor determines that sufficient of the working interest owners and royalty interest owners to make repressuring operations feasible in any pool or pools, or portions thereof, for which a repressuring plan and specifications have been adopted by the supervisor, have not prior thereto, or within the time designated in the order of the supervisor adopting such plan and specifications, entered into a unit agreement or co-operative agreement, or have not taken individual action under which the repressuring operations contemplated by such plan will be satisfactorily initiated and conducted, the supervisor shall have power to compel the unitization of all interests in such pool or pools, or portions thereof, in the manner and subject to the limitations set forth in this article.
If the supervisor shall compel the unitization of the interests in any pool or pools, or portions thereof, in a field as provided in Section 3321, the supervisor shall have power to order repressuring operations to be initiated and conducted in the unit area in accordance with the applicable repressuring plan and specifications previously adopted by the supervisor; provided, however, that no order compelling unitization or order requiring the initiation and conduct of repressuring operations in the unit area shall be made unless the supervisor shall find:
(1) That the initiation and conduct of such repressuring operations will not substantially reduce the maximum economic quantity of oil or gas ultimately recoverable from the unit area as a whole under prudent and proper operations.
(2) That the estimated cost of initiating and carrying out such repressuring operations within the unit area as a whole, including both capital and operating costs, will not exceed the estimated value of the increased production resulting therefrom.
The supervisor shall have continuing jurisdiction to review the results of repressuring operations previously ordered by the supervisor and to make such further orders as may be necessary or desirable under the provisions of this article.
(Added by Stats. 1958, 1st Ex. Sess., Ch. 73.)
2023 California Code › Public Resources Code - PRC › DIVISION 3 - OIL AND GAS › CHAPTER 1 - Oil and Gas Conservation › ARTICLE 5.5 - Subsidence › Section 3320.3.

3320.3. In determining, as required by Section 3320.2, whether the estimated cost of initiating and conducting such repressuring operations will exceed the estimated value of the increased production resulting from such operations, the supervisor shall exclude from consideration that portion of the cost of initiating and conducting such repressuring operations which any interested person or persons agree to bear, in addition to the portion of the cost of such operations which such person or persons would otherwise be obligated to bear pursuant to the provisions of subdivision (e) of Section 3322 under arrangements for the conditional repayment of such excess portion from increased production as follows:
(a) Each person bearing a part of such excess portion of the cost of initiating and conducting such repressuring operations shall recover the amount so borne, plus interest on the unpaid balance thereof at the rate of 3
1
/
2
percent per annum compounded semiannually by receiving, until fully repaid, his pro rata share, based upon his proportionate contribution from an amount not less than 60 percent or more than 90 percent, which, in the judgment of the supervisor, shall from time to time be determined to be fair and reasonable to all persons concerned, of that proportion of the increased production thereafter produced that the said excess portion of the cost of initiating and conducting such repressuring operations bears to the total cost of initiating and conducting such repressuring operations.
(b) If the supervisor shall find the offer of such person or persons to bear the excess portion of the cost of initiating and conducting such repressuring operations to be feasible, fair and reasonable, any order for repressuring operations made by the supervisor, in addition to its other provisions, shall set forth the time, manner and terms upon which such excess portion of the cost of initiating and conducting repressuring operations shall be borne by such person or persons until repaid to such person or persons from increased production as above provided.
(Added by Stats. 1958, 1st Ex. Sess., Ch. 73.)
2023 California Code › Public Resources Code - PRC › DIVISION 3 - OIL AND GAS › CHAPTER 1 - Oil and Gas Conservation › ARTICLE 5.5 - Subsidence › Section 3320.4.

3320.4. In order to encourage the initiation and conduct of repressuring operations with the greatest possible speed in a subsidence area, the State, or any city, or county, city and county, or other political subdivision, deriving revenues from oil or gas produced from tide or submerged lands may expend such revenues for the purpose of bearing that portion of the cost of initiating and conducting repressuring operations in such subsidence area:
(1) In excess of that share of such costs which would otherwise be borne by such person pursuant to subdivision (e) of Section 3322 as a participant in a unit created by order of the supervisor pursuant to Section 3322 under arrangements for conditional repayment as above provided, or
(2) In excess of that share of such costs which would otherwise be borne by such person as a participant in a unit under a unit agreement voluntarily entered into under arrangements for conditional repayment satisfactory to such person and the other working interest owners interested in said unit.
(Added by Stats. 1958, 1st Ex. Sess., Ch. 73.)
2023 California Code › Public Resources Code - PRC › DIVISION 3 - OIL AND GAS › CHAPTER 1 - Oil and Gas Conservation › ARTICLE 5.5 - Subsidence › Section 3320.5.

3320.5. No working or royalty interest owner shall be liable for any loss or damage resulting from repressuring or other operations connected with the production of oil and gas which are conducted, without negligence, pursuant to and in accordance with a co-operative or unit agreement ordered or approved by the supervisor pursuant to this article.
(Added by Stats. 1958, 1st Ex. Sess., Ch. 73.)
2023 California Code › Public Resources Code - PRC › DIVISION 3 - OIL AND GAS › CHAPTER 1 - Oil and Gas Conservation › ARTICLE 5.5 - Subsidence › Section 3321.

3321. (a) Subject to the limitations specified in this article, the supervisor shall have the power to issue a compulsory unit order upon the petition of a city, county, city and county, any part of which is in a subsidence area, or any contractor or lessee for the production of oil or gas therefor, or any person or persons owning working interests in the area affected by such order. The supervisor shall, prior to the issuance of each compulsory unit order, schedule a public hearing thereon. Such hearing may embrace all or a portion of those land areas, and the pool or pools, or portions thereof, underlying such areas, which have been theretofore included in one of the repressuring plans referred to in Section 3319 or 3319.1, except those areas, and the pool or pools, or portions lying thereunder, which are currently devoted to repressuring operations pursuant to an approved repressuring plan in accordance with the procedure prescribed in subdivision (a) of Section 3320. Such hearing shall be set not later than 60 days from the date of the filing of such petition.
(b) If, after such public hearing and from the evidence adduced therefrom, and from such engineering studies as he may have ordered made and which have been presented and considered at such hearing, or at any prior hearing held for the purpose of considering a repressuring plan, the supervisor finds:
1. That repressuring operations of such pool or pools, or portions thereof, will tend to arrest or ameliorate subsidence; and
2. That compulsory repressuring operations are required by reason of the failure, refusal or inability of the respective parties within the affected area to agree upon and initiate approved repressuring operations; and
3. That subsidence of land overlying or immediately adjacent to such pool or pools is injuring or imperiling valuable buildings, or other improvements, or harbor installations or is interfering with commerce, navigation and fishery, or substantial portions of such lands may be inundated if subsidence continues, thereby endangering life, health, safety, peace, welfare and property; and
4. That unit operation of such pool or pools, or portions thereof, is reasonably necessary to carry out repressuring operations in accordance with the theretofore adopted pressuring plan; and
5. That the creation of the unit is feasible, necessary and justifiable under all conditions affecting the unit at the time of its creation or which can be reasonably anticipated by the supervisor at such time;
then the supervisor shall issue an order requiring unit operation of such pool or pools, or portions thereof, on such terms and conditions as may be determined from the evidence to be fair, reasonable, equitable and in conformance with said repressuring plan.
(Added by Stats. 1958, 1st Ex. Sess., Ch. 73.)
2023 California Code › Public Resources Code - PRC › DIVISION 3 - OIL AND GAS › CHAPTER 1 - Oil and Gas Conservation › ARTICLE 5.5 - Subsidence › Section 3322.1.

3322.1. No order of the supervisor creating a unit and prescribing the plan of unitization applicable thereto shall become effective unless and until the plan of unitization has been signed, or in writing ratified or approved, by working interest owners who are entitled to 65 percent of the proceeds of production of oil and gas, prior to the payment of royalties, within the proposed unit area, measured by the production from such area in the calendar year preceding the date of the order of the supervisor creating such unit, and the supervisor has made a finding either in the order creating the unit or in a supplemental order that the plan of unitization has been so signed, ratified or approved by persons owning the required percentage interest in and to the unit area. Where the plan of unitization has not been so signed, ratified or approved by persons owning the required percentage interest in and to the unit area at the time the order creating the unit is made, the supervisor shall, upon petition and notice, hold such additional and supplemental hearings as may be requested or required to determine if and when the plan of unitization has been so signed, ratified or approved by persons owning the required percentage interest in and to such unit area and shall, in respect to such hearings, make and enter a finding of his determination in such regard. In the event persons owning the required percentage interest in and to the unit area have not so signed, ratified or approved the plan of unitization within a period of six months from and after the date on which the order creating the unit is made, the order creating the unit shall cease to be of further force and effect and shall be revoked by the supervisor.
(Added by Stats. 1958, 1st Ex. Sess., Ch. 73.)
2023 California Code › Public Resources Code - PRC › DIVISION 3 - OIL AND GAS › CHAPTER 1 - Oil and Gas Conservation › ARTICLE 5.5 - Subsidence › Section 3323.

3323. Notice of the time and place of any hearing to be held by the supervisor shall be given by publication in a newspaper of general circulation printed and published in the county in which the subsidence is alleged to be taking place, and notice thereof sent, in the manner prescribed by Section 3303 to the persons mentioned in such section within the area which will be the subject of his order.
(Added by Stats. 1958, 1st Ex. Sess., Ch. 73.)
2023 California Code › Public Resources Code - PRC › DIVISION 3 - OIL AND GAS › CHAPTER 1 - Oil and Gas Conservation › ARTICLE 5.5 - Subsidence › Section 3324.

3324. At hearings all persons interested are entitled to be heard and present evidence, both oral and written. All such persons shall be sworn, and a transcript of the proceedings shall be kept. The procedure to be followed by the supervisor with respect to the administering of oaths, applying for subpoenas for witnesses and for the production of books, records, well logs, production records, and other documents, the taking of depositions, and the penalties attaching for failure to comply with any order of the supervisor or subpoena issued, shall be in the manner as in this division provided. On the request of the supervisor, a hearing officer in the Office of Administrative Hearings may be assigned to assist in conducting the proceedings as provided in Section 11370.3 of the Government Code. The officer, however, shall not make the determination specified in Section 3321.
The provisions of Section 3234 prohibiting the giving of testimony as to the contents of records on file shall not apply to this article. All of these records shall be available and may be received in evidence in any public hearing or in any judicial proceeding herein provided for.
(Amended by Stats. 2004, Ch. 183, Sec. 288. Effective January 1, 2005.)
2023 California Code › Public Resources Code - PRC › DIVISION 3 - OIL AND GAS › CHAPTER 1 - Oil and Gas Conservation › ARTICLE 5.5 - Subsidence › Section 3325.

3325. The supervisor shall make and enforce all rules and regulations necessary or proper to accomplish the purposes of this article or to administer or enforce any order issued pursuant thereto. Such rules and regulations shall be adopted in accordance with the provisions of Chapter 4 (commencing at Section 11370), Part 1, Division 3, Title 2 of the Government Code.
(Added by Stats. 1958, 1st Ex. Sess., Ch. 73.)
2023 California Code › Public Resources Code - PRC › DIVISION 3 - OIL AND GAS › CHAPTER 1 - Oil and Gas Conservation › ARTICLE 5.5 - Subsidence › Section 3326.

3326. An order requiring unit operation may be amended for good cause by a subsequent order entered by the supervisor, except that no such order or amendment shall change the percentage of oil and gas allocated to a separately owned tract by the original order except with the consent of all persons who might be adversely affected thereby. Before issuing any such order, he shall make similar findings as are required for an original order, and such new order shall be subject to the same requirements and restrictions that are applicable to an original order. The provisions of this section shall not prohibit the establishment of an interim formula for the apportionment and allocation of unit production pursuant to subdivision (d) of Section 3322.
(Added by Stats. 1958, 1st Ex. Sess., Ch. 73.)
2023 California Code › Public Resources Code - PRC › DIVISION 3 - OIL AND GAS › CHAPTER 1 - Oil and Gas Conservation › ARTICLE 5.5 - Subsidence › Section 3327.

3327. Subject to the limitations in this article governing the creation of the unit previously established, the supervisor, by entry of a new order after a public hearing, may require unit operation in a pool, or a portion thereof, which embraces a unit area established by a previous order. Such 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, and the portion of unit production so allocated thereto shall then be allocated among the separately owned tracts included in such previously established unit area in the same proportions as those specified therefor in the previous order.
(Added by Stats. 1958, 1st Ex. Sess., Ch. 73.)
2023 California Code › Public Resources Code - PRC › DIVISION 3 - OIL AND GAS › CHAPTER 1 - Oil and Gas Conservation › ARTICLE 5.5 - Subsidence › Section 3328.

3328. (a) The portion of unit production allocated to a separately owned tract shall be deemed, for all purposes, to have been actually produced from such tract, and operations conducted pursuant to the order of the supervisor shall be deemed for all purposes, to be the conduct of operations for the production of oil and gas from each separately owned tract in the unit area in the fulfillment of all the express or implied obligations, trust or otherwise, of the owner or any person interested in such tract under a lease, or any contract, or any trust or trust obligations applicable to such tract, insofar as they relate to the pool, or pools, or portions thereof, covered by such order.
(b) Such unit production shall be distributed among or the proceeds thereof paid to the several persons entitled to share in the production from such separately owned tract in the same manner, in the same proportions, and upon the same conditions that they would have participated and shared in the production or proceeds thereof from such separately owned tract had not said unit been organized. The share of the unit production allocated to each separately owned tract shall be delivered in kind to the persons entitled thereto by virtue of ownership of oil and gas rights therein or by purchase from such owners, subject to the right of the unit operator to a lien thereon for payment of unit expenses pursuant to the order of unitization.
(c) Operations carried on under and in accordance with the order of unitization shall be regarded and considered as a fulfillment of and compliance with all of the provisions, covenants, and conditions, express or implied, of the several oil and gas leases, contracts, other agreements or trusts pertaining to the development of lands included within the unit area. Wells drilled or operated on any part of the unit area no matter where located shall, for all purposes, be regarded as wells drilled on each separately owned tract within such unit area.
(Added by Stats. 1958, 1st Ex. Sess., Ch. 73.)
2023 California Code › Public Resources Code - PRC › DIVISION 3 - OIL AND GAS › CHAPTER 1 - Oil and Gas Conservation › ARTICLE 5.5 - Subsidence › Section 3329.

3329. The unit operator shall be authorized on behalf of and for the account of all the respective owners or possessors of the mineral rights within the unit area to supervise, manage and conduct the further development and operations for the production of oil, gas and other hydrocarbon substances from the unit area pursuant to the powers conferred, and subject to the limitations imposed by the provisions of this article and by the order of unitization.
The obligation or liability of the lessee or other owners of the mineral rights in the several separately owned tracts for the payment of unit expense shall at all times be several and not joint or collective and in no event shall a lessee or other owner of the mineral rights in the separately owned tract be chargeable with, be obligated or liable, directly or indirectly, for more than the amount apportioned, assessed or otherwise charged to his interest in such separately owned tract pursuant to the order of unitization and then only to the extent of the lien provided for in this section.
Subject to the provisions in the order of unitization, the unit operator shall have a lien upon all drilling and production equipment in and to each separately owned tract, and upon the portion of the unit production allocated to the working interest therein, to secure the payment of the amount of the unit expense chargeable to and assessed against such separately owned tract. Such lien may be enforced by the unit operator, as the agent of the respective owners or possessors of the mineral rights within the unit area, as against noncarried working interest owners, in the manner set forth in Section 3330. The interest of the lessee or other person who by lease, contract or otherwise is obligated or responsible for the costs and expenses of developing and operating a separately owned tract for the production of oil, gas and other hydrocarbon substances in the absence of unitization shall be solely responsible for and chargeable with any assessment for unit expense made against such tract.
(Added by Stats. 1958, 1st Ex. Sess., Ch. 73.)
2023 California Code › Public Resources Code - PRC › DIVISION 3 - OIL AND GAS › CHAPTER 1 - Oil and Gas Conservation › ARTICLE 5.5 - Subsidence › Section 3330.

3330. When unit expenses incurred by a unit operator on behalf of the unit have not been paid, the unit operator may, in order to secure payment of the amount due the unit operator, fix a lien upon the interest of the debtor in all drilling and production equipment of the debtor on the premises and upon his allocated portion of the unit production as and when produced from the unit area, by filing for record, with the recorder of the county where the property or a portion thereof involved is located, an affidavit setting forth (1) in general terms the kind of materials, tools, equipment or supplies furnished, labor or services performed, or expenditure incurred, and (2) a description of the land involved, the name of the debtor and his interest in the production from the unit area, and (3) the amount which is still due and unpaid, and (4) a statement that at least 20 days prior to the date of the affidavit the unit operator gave written notice to the debtor by registered mail at his last known address, setting forth the information required under subdivisions (1), (2) and (3) above. Any such affidavit shall be filed for record not later than 90 days after the delivery of the property or the completion of the labor or the incurring of the expenditure. The lien shall not be construed as constituting a lien upon real property as such, except as to the recoverable oil and gas lying thereunder, but otherwise shall be of the same nature and subject to foreclosure in the same manner and within the same time as mechanics’ liens. In any case where a unit operator is in possession of the production which is subject to the lien, he may sell such production or so much thereof as may be necessary to satisfy said lien; provided, that he shall hold or arrange for the holding of the proceeds of such sale for appropriate distribution upon the determination of the controversy.
(Added by Stats. 1958, 1st Ex. Sess., Ch. 73.)
2023 California Code › Public Resources Code - PRC › DIVISION 3 - OIL AND GAS › CHAPTER 1 - Oil and Gas Conservation › ARTICLE 5.5 - Subsidence › Section 3331.

3331. Any order issued by the supervisor pursuant to this article, from its effective date, shall be binding upon each person owning or claiming any legal or equitable interest in the area which is the subject of such order or in the oil and gas produced or to be produced therefrom or a right to participate in a share of the proceeds thereof. From the effective date of such an order it shall be unlawful for a person to drill, redrill, operate, work on or produce any well within such area otherwise than in conformity with the order.
(Added by Stats. 1958, 1st Ex. Sess., Ch. 73.)
2023 California Code › Public Resources Code - PRC › DIVISION 3 - OIL AND GAS › CHAPTER 1 - Oil and Gas Conservation › ARTICLE 5.5 - Subsidence › Section 3332.

3332. Within 30 days after the written notice of the entry of a final order of the supervisor, or within such further time as the supervisor may grant for good cause shown, but in no event shall such time be extended more than 60 days from the written notice of entry of such final order, any person affected thereby may file with the supervisor an application for a rehearing in respect to any matter determined by such order, setting forth the particulars in which such order is considered to be objectionable. The supervisor shall grant or deny any such application in whole or in part within 30 days from the date of the filing thereof, and failure to act thereon within such period shall constitute a denial of such application. In the event that a rehearing is granted, notice to such effect shall be given to all persons affected by such order, advising them of the date of such rehearing and of their right to appear and be heard thereon. The date set for any such rehearing shall be not less than 30 days nor more than 60 days from the date the application for rehearing is granted, unless, upon good cause shown, the time is extended by the supervisor, but in no event shall such time be extended more than 90 days from the date such application for rehearing is granted. The supervisor may enter an amended order or a new order after the rehearing as may be required under the circumstances. The provision of Article 6 (commencing with Section 3350) of Chapter 1 of Division 3 relating to appeals and review shall not apply to this article.
(Amended by Stats. 1974, Ch. 765.)
2023 California Code › Public Resources Code - PRC › DIVISION 3 - OIL AND GAS › CHAPTER 1 - Oil and Gas Conservation › ARTICLE 5.5 - Subsidence › Section 3333.

3333. (a) A final order of the supervisor shall be subject to judicial review by filing a petition for a writ of mandate in accordance with the provisions of Chapter 2 (commencing at Section 1084) of Title 1 of Part 3 of the Code of Civil Procedure in the superior court of any county in which all or any part of the area affected is located, except that any such proceedings shall be instituted within 30 days from the date that a certified copy of the transcript of the proceedings before the supervisor has been delivered to the applicant; otherwise, the findings and determination of the supervisor shall be deemed final and conclusive. Any action so filed shall incorporate therein a certified copy of the transcript of the proceedings before the supervisor.
(b) Notice of intention to petition the superior court for judicial review shall be filed by the applicant or applicants with the supervisor within 60 days after the entry of the final order complained of or within 60 days following the final disposition of any application for rehearing. The notice must identify the order and state the grounds of objection thereto. Immediately upon the filing of such notice the supervisor shall certify to the applicant or applicants the estimated cost of preparing the transcript of the proceedings before the supervisor. The amount of the estimated cost shall be deposited with the supervisor within 10 days after the mailing of the certification of such cost to the applicant or applicants. Upon the deposit of the cost the supervisor shall order the preparation of the transcript. A certified copy of the transcript shall be delivered to the applicant or applicants within 60 days from the date of the filing of said notice of intention unless such time is extended for good cause by the supervisor, but in no event later than 90 days from the date of filing of such notice.
(Added by Stats. 1958, 1st Ex. Sess., Ch. 73.)
2023 California Code › Public Resources Code - PRC › DIVISION 3 - OIL AND GAS › CHAPTER 1 - Oil and Gas Conservation › ARTICLE 5.5 - Subsidence › Section 3334.

3334. The pendency of actions before the superior court or proceedings for review before any other court of competent jurisdiction of itself shall not stay or suspend the operation of any order; however, the superior court or such other court in its discretion, upon its own motion or upon proper application of any party thereto, may, for good cause, stay or suspend, in whole or in part, the operation of any order pending consideration or review thereof.
(Added by Stats. 1958, 1st Ex. Sess., Ch. 73.)
2023 California Code › Public Resources Code - PRC › DIVISION 3 - OIL AND GAS › CHAPTER 1 - Oil and Gas Conservation › ARTICLE 5.5 - Subsidence › Section 3335.

3335. If an action for judicial review has not been commenced within the time prescribed for such action, or, if filed, the time within which to process an appeal by the petitioner from any judgment or order rendered therein has expired, or if such an appeal has been timely perfected and there has been an affirmance of such judgment or order, the supervisor may order that the production by noncomplying owners or operators of oil or gas from any pool or pools or portions thereof cease or be curtailed until such noncomplying owners or operators comply with said unit order.
(Added by Stats. 1958, 1st Ex. Sess., Ch. 73.)
2023 California Code › Public Resources Code - PRC › DIVISION 3 - OIL AND GAS › CHAPTER 1 - Oil and Gas Conservation › ARTICLE 5.5 - Subsidence › Section 3336.

3336. The supervisor upon his own motion may, or shall upon the application of any interested person, hold a public hearing for the purpose of determining and establishing the exterior boundaries encompassing the lands referred to in Section 3317. If, after a public hearing and from the evidence adduced therefrom, the supervisor determines that the lands, or a portion thereof, come within the category of those lands referred to in Section 3317, he shall adopt an order fixing and establishing the exterior boundaries thereof. The supervisor shall retain jurisdiction in this regard, and shall, if it be made to appear necessary, hold further hearings for the purpose of determining whether the boundaries previously established should be enlarged or otherwise altered. Any such change or alteration in said boundaries shall be made by order of the supervisor.
(Added by Stats. 1958, 1st Ex. Sess., Ch. 73.)
2023 California Code › Public Resources Code - PRC › DIVISION 3 - OIL AND GAS › CHAPTER 1 - Oil and Gas Conservation › ARTICLE 5.5 - Subsidence › Section 3341.

3341. At the termination of oil and gas production from a unit area established or approved pursuant to this article and the abandonment of attempts to obtain production therefrom, any interested municipal corporation or other public agency may acquire by eminent domain, in the manner provided by law for the condemnation of property for public use by the state, municipal corporation or other public agency, such oil production properties or facilities within the unit area as such municipal corporation or other public agency may deem necessary or essential to the maintenance of such pressures as will continue to arrest or ameliorate subsidence.
(Amended by Stats. 1975, Ch. 1240.)
2023 California Code › Public Resources Code - PRC › DIVISION 3 - OIL AND GAS › CHAPTER 1 - Oil and Gas Conservation › ARTICLE 5.5 - Subsidence › Section 3342.

3342. To the extent necessary to conform to the provisions and requirements of this article, and to any order of unitization or other order, rule or regulation of the supervisor, made and adopted pursuant hereto, all leases, contracts, and all other rights and obligations shall be regarded as modified and amended, but otherwise to remain in full force and effect. Nothing contained in this article shall be construed to extend the term of any lease or other agreement.
Nothing contained in this article shall be construed to require a transfer to or vesting in the unit operator, or in persons other than those owning the same at the time of the creation of the unit, of title to the separately owned tracts or to any leases or other drilling and operating agreements thereon within the unit area, other than the right to use and operate the same to the extent set out in the order of unitization; nor shall the unit operator or the working interest owners jointly be regarded as owning the unit production. Each respective share of the unit production and the proceeds from the sale thereof shall be severally owned by the persons to whom the same is allocated pursuant to the order of unitization. All property, whether real or personal, which the unit operator may in any way acquire, hold or possess, the cost of which is chargeable to the working interest owners, shall not be acquired, held or possessed for the unit operator for his own account but shall be so acquired, held and possessed by the unit operator for the account of and as agent for each of the several working interest owners and shall be the property of each of such persons as their respective interests may appear under the order of unitization, subject, however, to the right of the unit operator to the possession, management, use or disposal of the same in the proper conduct of the affairs of the unit, and subject to any lien the unit operator may have thereon to secure the payment of unit expense.
No unit order made by the supervisor shall be construed to have the effect of, result in, or in any manner require or provide for the alienation, transfer, conveyance or change of any title or ownership, whether legal or equitable, of any person in or to any separately owned tract of land included in the said order, or to the mineral rights therein, to any other person owning or possessing a separately owned tract of land which may likewise be included in said unit order.
(Added by Stats. 1958, 1st Ex. Sess., Ch. 73.)