reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 11. Oil and Gas Conservation › Part 1. Regulation by Board of Oil and Gas Conservation › 82-11-134. Permit fees

82-11-134. Permit fees.
In addition to the privilege and license tax, before commencing the drilling of an oil or gas well or stratigraphic test well or core hole, a person shall secure from the board a drilling permit and shall pay to the board therefor the following amounts:
(1) for each well whose estimated depth is 3,500 feet or less, $25;
(2) from 3,501 feet to 7,000 feet, $75;
(3) 7,000 feet and deeper, $150.
History: En. Sec. 22, Ch. 238, L. 1953; amd. Sec. 1, Ch. 234, L. 1955; amd. Sec. 1, Ch. 198, L. 1957; amd. Sec. 1, Ch. 47, L. 1961; amd. Sec. 160, Ch. 147, L. 1963; amd. Sec. 1, Ch. 315, L. 1973; amd. Sec. 1, Ch. 130, L. 1974; amd. Sec. 81, Ch. 253, L. 1974; amd. Sec. 1, Ch. 413, L. 1975; amd. Sec. 1, Ch. 178, L. 1977; amd. Sec. 1, Ch. 254, L. 1977; R.C.M. 1947, 60-145(4).
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 11. Oil and Gas Conservation › Part 1. Regulation by Board of Oil and Gas Conservation › 82-11-135. Money earmarked for board expenses

82-11-135. Money earmarked for board expenses.
The state treasurer shall deposit all money distributed to the board under 15-36-331 and collected under this chapter in the state special revenue fund. The money must first be used for the purpose of paying all expenses of the board as provided in 15-36-331(2)(a) and then allocated as provided in 15-36-331(2)(b) and (2)(c). The board shall use the money subject to biennial appropriations by the legislature. Income and interest from investment of the board's money in the state special revenue fund must be credited to the board.
History: En. Sec. 22, Ch. 238, L. 1953; amd. Sec. 1, Ch. 234, L. 1955; amd. Sec. 1, Ch. 198, L. 1957; amd. Sec. 1, Ch. 47, L. 1961; amd. Sec. 160, Ch. 147, L. 1963; amd. Sec. 1, Ch. 315, L. 1973; amd. Sec. 1, Ch. 130, L. 1974; amd. Sec. 81, Ch. 253, L. 1974; amd. Sec. 1, Ch. 413, L. 1975; amd. Sec. 1, Ch. 178, L. 1977; amd. Sec. 1, Ch. 254, L. 1977; R.C.M. 1947, 60-145(7); amd. Sec. 1, Ch. 277, L. 1983; amd. Sec. 3, Ch. 265, L. 1987; amd. Sec. 35, Ch. 15, Sp. L. July 1992; amd. Sec. 48, Ch. 451, L. 1995; amd. Sec. 13, Ch. 466, L. 1997; amd. Sec. 4, Ch. 306, L. 2001; amd. Sec. 13, Ch. 522, L. 2003; amd. Sec. 12, Ch. 312, L. 2011; amd. Sec. 5, Ch. 414, L. 2019.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 11. Oil and Gas Conservation › Part 1. Regulation by Board of Oil and Gas Conservation › 82-11-136. Expenditure of funds from bonds for plugging wells

82-11-136. (Temporary) Expenditure of funds from bonds for plugging wells.
The board may accept and expend all funds received by it from bonds for properly plugging dry or abandoned wells as authorized in 82-11-123(5).
82-11-136. (Effective on occurrence of contingency) Expenditure of funds from bonds for plugging wells.
(1) The board may accept and expend all funds received by it from bonds for properly plugging dry or abandoned wells as authorized in 82-11-123(1)(e).
(2) The board may accept and expend all funds received by it from bonds for properly plugging abandoned carbon dioxide injection wells as authorized in 82-11-123(1)(f).
History: En. Sec. 4, Ch. 265, L. 1987; amd. Sec. 61, Ch. 422, L. 1997; amd. Sec. 19, Ch. 474, L. 2009.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 11. Oil and Gas Conservation › Part 1. Regulation by Board of Oil and Gas Conservation › 82-11-137. Class II injection well operating fee

82-11-137. (Temporary) Class II injection well operating fee.
(1) For the purpose of providing funds for defraying the expenses of operating and enforcing the class II injection well regulatory program, as defined by the federal environmental protection agency or any successor agency, each operator of a class II injection well may be required to pay an annual operating fee not to exceed $300 per injection well.
(2) The department shall collect the operating fee at such time as the board may prescribe by rule. All money collected under this section must be forwarded to the state treasurer for deposit in the state special revenue fund and must be used for the purpose prescribed in subsection (1).
(3) The board shall, by rule adopted pursuant to the provisions of the Montana Administrative Procedure Act, fix the amount of the fee described in subsection (1) and may from time to time reduce or increase the amount thereof as the expenses chargeable against the state special revenue fund may require. However, the assessment fixed by the board may not exceed the limits prescribed in subsection (1). The amount of the fee must be expressed in dollars.
82-11-137. (Effective on occurrence of contingency) Class II injection well operating fee -- carbon dioxide injection well operating fee.
(1) For the purpose of providing funds for defraying the expenses of operating and enforcing:
(a) the class II injection well regulatory program, as defined by the federal environmental protection agency or any successor agency, each operator of a class II injection well may be required to pay an annual operating fee not to exceed $300 per injection well; and
(b) the carbon dioxide injection well regulatory program, each geologic storage operator of a carbon dioxide injection well may be required to pay an annual operating fee not to exceed $5,000 per injection well.
(2) The department shall collect the operating fee at a time established by board rule. All money collected under this section must be forwarded to the state treasurer for deposit in the state special revenue fund and must be used for the purpose prescribed in subsection (1).
(3) The board shall, by rule adopted pursuant to the provisions of the Montana Administrative Procedure Act, fix the amount of the fee described in subsection (1) and may from time to time reduce or increase the amount of the fee as the expenses chargeable against the state special revenue fund may require. However, the assessment fixed by the board may not exceed the limits prescribed in subsection (1). The amount of the fee must be expressed in dollars.
History: En. Sec. 13, Ch. 503, L. 1987; amd. Sec. 20, Ch. 474, L. 2009.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 11. Oil and Gas Conservation › Part 1. Regulation by Board of Oil and Gas Conservation › 82-11-138. Rulemaking -- microbial conversion wells

82-11-138. Rulemaking -- microbial conversion wells.
The board may adopt rules necessary to regulate well injections to restore or enhance the microbial conversion of hydrocarbon substrates to methane gas as class II injection wells.
History: En. Sec. 1, Ch. 184, L. 2011.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 11. Oil and Gas Conservation › Part 1. Regulation by Board of Oil and Gas Conservation › 82-11-141. Administrative procedure

82-11-141. Administrative procedure.
(1) Unless otherwise provided, the Montana Administrative Procedure Act applies to this chapter.
(2) An order or amendment of an order, except in an emergency, may not be made by the board without a public hearing upon at least 10 days' notice. The public hearing must be held at a time and place as prescribed by the board, and any interested person is entitled to be heard.
(3) When an emergency requiring immediate action is found to exist, the board may issue an emergency order without advance notice or hearing that is effective upon promulgation. An emergency order may not remain in effect beyond the next regular meeting of the board.
(4) (a) If notice is required by the chapter and the Montana Administrative Procedure Act does not apply, the notice must be made by publication in one or more issues of a newspaper in general circulation in Helena and a newspaper of general circulation in the county where the land or some part of the land is situated, and the board may also cause publication to be made in a trade journal or bulletin of general circulation in the oil and gas industry in the state.
(b) At least 20 days prior to the public hearing, a person who applies to establish a well spacing unit under 82-11-201 or who applies to pool all interests in a well spacing unit pursuant to 82-11-202 shall cause written notice of any hearing on the application to be served upon the record owners of the oil and gas and leasehold interests sought to be spaced or pooled. Notice must be given by mailing the written notice, postage prepaid, to their addresses as shown by the record of the county clerk and recorder at the time the notice is given.
(5) If written notice is not possible, proof of service by publication under subsection (4) must be made by the affidavit of the printer or publisher of the newspaper, trade journal, or bulletin in which the notice is published or by a supervisor or principal clerk of the newspaper, bulletin, or trade journal.
(6) Except as provided otherwise in this chapter, the board may act upon its own motion or upon the petition of an interested person. On the filing of a petition concerning a matter within the jurisdiction of the board, the board shall promptly fix a date for a hearing on the petition and shall cause notice of the hearing to be given. The hearing must be held without undue delay after the filing of the petition. The board shall enter its order within 30 days after the hearing.
History: En. Sec. 9, Ch. 238, L. 1953; amd. Sec. 1, Ch. 213, L. 1961; amd. Sec. 71, Ch. 253, L. 1974; R.C.M. 1947, 60-132; amd. Sec. 6, Ch. 19, L. 1979; amd. Sec. 1, Ch. 238, L. 1987; amd. Sec. 5, Ch. 503, L. 1987; amd. Sec. 2742, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 11. Oil and Gas Conservation › Part 1. Regulation by Board of Oil and Gas Conservation › 82-11-142. Subpoena power -- civil actions

82-11-142. Subpoena power -- civil actions.
(1) If the Montana Administrative Procedure Act does not apply, the board may subpoena witnesses, administer oaths, and require the production of records, books, and documents for examination at any hearing or investigation conducted by it. Witnesses subpoenaed under this subsection must be paid the same per diem and mileage as is provided to be paid to witnesses attending the district courts of this state.
(2) This chapter, a suit by or against the board, a violation charged or asserted against a person under this chapter, or a rule or order issued under this chapter does not impair, abridge, or delay a cause of action for damages or other civil remedy that a person may have or assert against a person violating this chapter or a rule or order issued under it. A person aggrieved by the violation may sue for and recover damages or relief that the person otherwise may be entitled to receive.
(3) A person, association, corporation, or agency of the state or federal government may apply to the board protesting a violation or a threatened violation of this chapter. The board shall make an investigation and make a written report to the person, association, corporation, or agency that made the protest. If a violation is established by the investigation of the board, the board shall take appropriate enforcement action. If the board fails to take appropriate enforcement action or to bring suit to enjoin a threatened violation of this chapter or a rule or order of the board within 10 days after receipt of written request to do so by a person who is or will be adversely affected, the person making the request may bring the suit in the person's own behalf to restrain the threatened violation in a court in which the board might have brought suit. The board must be made a party defendant in the suit in addition to the person threatening to violate this chapter or a rule or order of the board, and the action must proceed and injunctive relief may be granted without bond in the same manner as if suit had been brought by the board.
(4) If a person fails or refuses to comply with the subpoena issued by the board or if a witness refuses to testify as to any material matter regarding which the person may be interrogated, any district court in the state, upon good cause shown by the application of the board, may issue a warrant of attachment for the person and, if after hearing the court finds the person's failure or refusal to be unjustified, compel the person to comply with the subpoena and to attend before the board and produce any subpoenaed records, books, and documents for examination and to give testimony. The court may punish for contempt as in the case of disobedience to a like subpoena issued by the court or for refusal to testify in the proceeding.
History: En. Sec. 10, Ch. 238, L. 1953; amd. Sec. 72, Ch. 253, L. 1974; R.C.M. 1947, 60-133; amd. Sec. 6, Ch. 503, L. 1987; amd. Sec. 2743, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 11. Oil and Gas Conservation › Part 1. Regulation by Board of Oil and Gas Conservation › 82-11-143. Rehearing

82-11-143. Rehearing.
A person adversely affected by a rule or order of the board may within 20 days after its effective date apply to the board in writing for a rehearing. The application for rehearing must be acted upon at the board's next regularly scheduled meeting after filing of the application, and if granted, the rehearing must be held without undue delay.
History: En. Sec. 11, Ch. 238, L. 1953; amd. Sec. 73, Ch. 253, L. 1974; R.C.M. 1947, 60-134; amd. Sec. 1, Ch. 363, L. 1991.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 11. Oil and Gas Conservation › Part 1. Regulation by Board of Oil and Gas Conservation › 82-11-144. Court review

82-11-144. Court review.
Any interested person adversely affected by any provision of this chapter or by any rule or order adopted by the board hereunder or by any act done or threatened thereunder may obtain court review and seek relief by a suit for an injunction against the board as defendant, which suit may be instituted in the district court of the county where the board keeps its principal office or in the district court of any county wherein the land involved or any part thereof is situated. The term "interested person", as used herein, shall be interpreted broadly and liberally, especially where the suit involves the right to drill a well or involves some other act which clearly affects the plaintiff even though the effect is indirect. If the act complained of involves a general order for a pool or the right to drill a well therein, a person who owns or has an interest in a well in the pool, which well is capable of producing oil or gas, shall be considered to be prima facie an interested person. The suit shall be given a preferential setting and shall be tried de novo and disposed of as an ordinary civil suit and not upon the record of any hearing before the board. The statute, rule, order, or decision involved in the suit shall be prima facie valid; however, the finding of fact, actual or presumed, made by the board in support of the rule, order, or decision involved in the suit is not binding on the court though supported by evidence introduced at a hearing before the board. The court shall decide all relevant questions of law, interpret constitutional and statutory provisions, and determine the meaning or applicability of the terms of any board action. The court shall:
(1) compel board action unlawfully withheld or unreasonably delayed;
(2) hold unlawful and set aside board action, findings, and conclusions found to be:
(a) arbitrary, unreasonable, capricious, and abuse of discretion or otherwise not in accordance with law;
(b) contrary to constitutional right, power, privilege, or immunity;
(c) in excess of statutory jurisdiction, authority, or limitations or short of statutory right;
(d) without observance of procedure required by law; or
(e) unwarranted by the facts; and
(3) consider all the evidence, pass on the credibility of witnesses and the weight to be given their testimony, and resolve such fact issues as may be necessary for decision in the case.
History: En. Sec. 12, Ch. 238, L. 1953; amd. Sec. 74, Ch. 253, L. 1974; R.C.M. 1947, 60-135(1).
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 11. Oil and Gas Conservation › Part 1. Regulation by Board of Oil and Gas Conservation › 82-11-145. Injunction or restraining order

82-11-145. Injunction or restraining order.
(1) A temporary restraining order or temporary injunction of any kind may not be granted against the board and its members or against the attorney general or against an employee of the board, restraining the board and its members or employees or the attorney general from enforcing this chapter or any rule or order made thereunder, until it is shown to the satisfaction of the court that the act done or threatened is probably without sanction of the law or that the provisions of this chapter or the rule or order complained of is probably invalid or unreasonable and that, if enforced against the complaining party, will probably cause an irreparable injury.
(2) With respect to an order or decree granting temporary injunctive relief, the nature and extent of the probable invalidity of the statute or of any provision of this chapter or of a rule or order thereunder involved in the suit must be recited in the order or decree granting the temporary relief, as well as a clear statement of the probable damage relied upon by the court as justifying temporary injunctive relief.
(3) A temporary restraining order or temporary injunction of any kind against the board or its members or its employees or the attorney general may not be effective until the plaintiff executes a bond with sufficient sureties in such amount and upon such conditions as the court directs. The bond shall be made payable to the state of Montana, shall be approved by the judge of the court, and shall be for the use and benefit of all persons who may be injured by the acts done under the protection of the temporary restraining order or temporary injunction. A person claiming injury must bring suit within 6 months after the date of the final determination of the validity in whole or in part of the provisions of the chapter or the rule or order, the enforcement of which was enjoined; otherwise the right to bring such suit is forever barred.
History: En. Sec. 12, Ch. 238, L. 1953; amd. Sec. 74, Ch. 253, L. 1974; R.C.M. 1947, 60-135(2), (3).
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 11. Oil and Gas Conservation › Part 1. Regulation by Board of Oil and Gas Conservation › 82-11-146. Appeal

82-11-146. Appeal.
An appeal to the supreme court may be taken from any final judgment, decree, or order in the action, as provided in the Montana Rules of Appellate Procedure.
History: En. Sec. 12, Ch. 238, L. 1953; amd. Sec. 74, Ch. 253, L. 1974; R.C.M. 1947, 60-135(4).
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 11. Oil and Gas Conservation › Part 1. Regulation by Board of Oil and Gas Conservation › 82-11-147. Violations

82-11-147. Violations.
(1) Notwithstanding any other provisions of this chapter, if the board finds upon receipt of evidence:
(a) that a person is violating or threatening to violate this chapter or a rule or order of the board, the board may bring suit against that person in the district court of any county where the violation occurs or is threatened to restrain the person from continuing the violation or from carrying out the threat of violation; or
(b) that a person is violating this chapter or a rule or order of the board in a manner for which the board is authorized to institute proceedings pursuant to 82-11-149, the board may issue an order either assessing a civil penalty in the amount prescribed in 82-11-149, up to a maximum administrative penalty of $125,000, or requiring compliance with this chapter or a rule or order, or both.
(2) In a suit under subsection (1)(a), the court may grant to the board, without bond or other undertaking, such prohibitory and mandatory injunctions as the facts may warrant, including temporary restraining orders.
History: En. Sec. 13, Ch. 238, L. 1953; amd. Sec. 75, Ch. 253, L. 1974; R.C.M. 1947, 60-136; amd. Sec. 10, Ch. 503, L. 1987.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 11. Oil and Gas Conservation › Part 1. Regulation by Board of Oil and Gas Conservation › 82-11-148. Criminal penalties

82-11-148. Criminal penalties.
A person is guilty of a misdemeanor and shall be subject to a fine of not more than $10,000 per day of violation or imprisonment in a county jail for a term not exceeding 6 months or to both the fine and imprisonment if that person willfully violates any lawful rule or order of the board or if that person, for the purpose of evading this chapter or any rule or order of the board, knowingly and willfully:
(1) makes or causes to be made a false entry or statement in a report required by this chapter or by a rule or order of the board or a false entry in a record, account, or memorandum required by this chapter or by a rule or order;
(2) omits or causes to be omitted from the record, account, or memorandum full, true, and correct entries as required by this chapter or by a rule or order; or
(3) removes from this state or destroys, mutilates, alters, or falsifies the record, account, or memorandum.
History: En. Sec. 19, Ch. 238, L. 1953; amd. Sec. 78, Ch. 253, L. 1974; R.C.M. 1947, 60-142; amd. Sec. 12, Ch. 503, L. 1987.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 11. Oil and Gas Conservation › Part 1. Regulation by Board of Oil and Gas Conservation › 82-11-149. Civil penalties

82-11-149. Civil penalties.
(1) A person is guilty of a misdemeanor and is subject to a civil penalty of at least $75 and not more than $10,000 a day for each violation if that person violates any rule or order of the board or a provision of this chapter. Each day of violation constitutes a separate violation.
(2) Action under this section does not bar enforcement of this chapter or of rules or orders issued under it by injunction or other appropriate remedy.
(3) The board, or the attorney general upon request of the board, shall institute and maintain any enforcement proceedings in the name of the state.
(4) Civil penalties collected pursuant to this section must be deposited in the state general fund.
History: En. Sec. 11, Ch. 503, L. 1987; amd. Sec. 2, Ch. 363, L. 1991; amd. Sec. 73, Ch. 509, L. 1995.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 11. Oil and Gas Conservation › Part 1. Regulation by Board of Oil and Gas Conservation › 82-11-150. Legal assistance

82-11-150. Legal assistance.
When requested by the board, the attorney general or the county attorneys within their respective counties shall perform legal services and conduct legal proceedings necessary to carry out the purposes of this chapter. The board may also employ legal counsel to enforce this chapter and to conduct proceedings under it.
History: En. Sec. 8, Ch. 503, L. 1987.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 11. Oil and Gas Conservation › Part 1. Regulation by Board of Oil and Gas Conservation › 82-11-151. Emergencies -- notice and hearing

82-11-151. Emergencies -- notice and hearing.
(1) Notwithstanding any other provisions of this chapter, if the administrator or a board member finds that a person is committing or about to commit an act in violation of this chapter or any order or rule issued under it that, if it occurs or continues, will cause substantial pollution, the administrator under order of the board or the board member is authorized to order the person to stop, avoid, or moderate the act, including immediate closure or shutdown of any well. This authority is limited to acts the harmful effects of which will not be remedied immediately after the commission or cessation of the act or will represent an immediate threat to public health, safety, or welfare.
(2) When any emergency requiring immediate action is found pursuant to subsection (1), the board is authorized to issue an emergency order without notice or hearing, which is effective upon issuance as provided in 82-11-141(3).
(3) The board may have written notice served, personally or by mail, on the alleged violator or the violator's agent. The notice must state the provision alleged to be violated, the facts alleged to constitute the violation, the nature of corrective action the board requires, and the time within which the action is to be taken. For the purposes of this section, service by mail is complete on the date of mailing.
(4) The notice must indicate that the order is an emergency order.
(5) Pursuant to 82-11-141(3), the board may consider the emergency order at its next regular meeting, without compliance with the notice requirements of this chapter if they cannot be accomplished within the time available, and enter a second emergency order.
(6) Upon issuing an order under subsection (2), the board may fix a place and time for a hearing, not later than 5 days after issuance unless the person to whom the order is directed requests a later time. The board may deny a request for a later time if it finds that the person to whom the order is directed is not complying with the order. If the board considers it practicable, the hearing must be held in the county where the violation is alleged to have occurred. As soon as practicable after the hearing, the board shall affirm, modify, or set aside the order.
(7) If the order of the board is affirmed, it must be accompanied by a statement specifying the date or dates by which a violation must cease and may prescribe timetables for necessary action in preventing, abating, or controlling the pollution. An action for review of the order of the board may be initiated in the manner specified in 82-11-144. The initiation of an action or taking of an appeal may not stay the effectiveness of the order unless the court finds that the board did not have reasonable cause to issue an order under this section.
History: En. Sec. 9, Ch. 503, L. 1987; amd. Sec. 2744, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 11. Oil and Gas Conservation › Part 1. Regulation by Board of Oil and Gas Conservation › 82-11-162. Repealed

82-11-162. Repealed.
Sec. 8, Ch. 34, L. 1997.
History: En. Sec. 7, Ch. 530, L. 1989; amd. Sec. 49, Ch. 451, L. 1995.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 11. Oil and Gas Conservation › Part 1. Regulation by Board of Oil and Gas Conservation › 82-11-163. Landowner's bond on noncommercial well

82-11-163. (Temporary) Landowner's bond on noncommercial well.
If the owner of the surface land upon which has been drilled a well that fails to produce oil or gas in commercial quantities acquires the well for domestic purposes, the board may cancel and absolve the bond required in 82-11-123 upon its acceptance of surety in the form of a certificate of deposit or a surety bond in the amount of $5,000 for a single well or in the amount of $10,000 for more than one well or in the form of a property bond of two times the value of the required certificate of deposit or surety bond. The release of the certificate of deposit, surety bond, or property bond must be conditioned on proof provided by the landowner that the well has been properly plugged.
82-11-163. (Effective on occurrence of contingency) Landowner's bond on noncommercial well.
If the owner of the surface land upon which has been drilled a well that fails to produce oil or gas in commercial quantities acquires the well for domestic purposes, the board may cancel and absolve the bond required in 82-11-123(1)(e) upon its acceptance of surety in the form of a certificate of deposit or a surety bond in the amount of $5,000 for a single well or in the amount of $10,000 for more than one well or in the form of a property bond of two times the value of the required certificate of deposit or surety bond. The release of the certificate of deposit, surety bond, or property bond must be conditioned on proof provided by the landowner that the well has been properly plugged.
History: En. Sec. 8, Ch. 530, L. 1989; amd. Sec. 1, Ch. 278, L. 1999; amd. Sec. 22, Ch. 474, L. 2009.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 11. Oil and Gas Conservation › Part 1. Regulation by Board of Oil and Gas Conservation › 82-11-164. Lien created

82-11-164. Lien created.
(1) The oil and gas production damage mitigation account has a lien in the amount of the expenditure from the account under 82-11-161(4), plus interest accrued at the rate of 10% a year, against all real and personal property in this state owned by the responsible person or in which the responsible person has an interest.
(2) The lien created under subsection (1) must be filed in the office of the secretary of state and must attach to all real or personal property of the responsible person.
(3) A lien created by this section is valid until paid in full or otherwise discharged. The lien must be foreclosed in accordance with applicable laws governing foreclosure of liens.
History: En. Sec. 9, Ch. 530, L. 1989; amd. Sec. 5, Ch. 734, L. 1991.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 11. Oil and Gas Conservation › Part 1. Regulation by Board of Oil and Gas Conservation › 82-11-171. Terminated

82-11-171. Terminated.
Sec. 39, Ch. 15, Sp. L. July 1992.
History: En. Sec. 36, Ch. 15, Sp. L. July 1992.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 11. Oil and Gas Conservation › Part 1. Regulation by Board of Oil and Gas Conservation › 82-11-172. Short title

82-11-172. Short title.
Sections 82-11-172 through 82-11-174 may be known as the "Coal Bed Methane Production Offset Act".
History: En. Sec. 1, Ch. 578, L. 2001.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 11. Oil and Gas Conservation › Part 1. Regulation by Board of Oil and Gas Conservation › 82-11-173. Legislative findings -- purpose

82-11-173. Legislative findings -- purpose.
(1) The legislature finds that a delay in the development of certain coal bed methane wells may inadvertently result in the loss of coal bed methane resources.
(2) The legislature further finds that because of the nature of this subsurface mineral resource, it is highly susceptible to collateral extraction and use through development efforts on adjacent federal, tribal, or other states' lands to the economic detriment of Montana and its citizens.
(3) The legislature further finds that there is a compelling state interest to authorize the board through this limited program to act in a timely and expeditious manner to permit coal bed methane wells to offset the collateral permitting of wells by other entities on nonjurisdictional lands that are not subject to permitting by the board under 82-11-103 in order to:
(a) protect coal bed methane mineral reserves from collateral extraction by others;
(b) provide economic benefits to the state;
(c) protect the private property rights of the owners of the mineral reserves;
(d) promote the balanced development of state lands and protect the mineral reserve interest held in trust for the benefit of state schools; and
(e) assist in providing much needed energy resources to the region.
History: En. Sec. 2, Ch. 578, L. 2001.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 11. Oil and Gas Conservation › Part 1. Regulation by Board of Oil and Gas Conservation › 82-11-174. Offset permitting -- geographic requirements

82-11-174. Offset permitting -- geographic requirements.
The board is authorized and directed to issue, upon application and subject to the regulatory requirements of the program and 82-11-175, permits for coal bed methane production wells that will offset permitting by federal agencies, tribal agencies, or agencies of other states of coal bed methane wells that are located within 1 mile of the perimeter of lands that are under the jurisdiction of the board.
History: En. Sec. 3, Ch. 578, L. 2001.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 11. Oil and Gas Conservation › Part 1. Regulation by Board of Oil and Gas Conservation › 82-11-175. Coal bed methane wells -- requirements

82-11-175. Coal bed methane wells -- requirements.
(1) Coal bed methane production wells that involve the production of ground water must comply with this section.
(2) Ground water produced in association with a coal bed methane well must be managed in any of the following ways:
(a) used as irrigation or stock water or for other beneficial uses in compliance with Title 85, chapter 2, part 3;
(b) reinjected to an acceptable subsurface strata or aquifer pursuant to applicable law;
(c) discharged to the surface or surface waters subject to the permit requirements of Title 75, chapter 5; or
(d) managed through other methods allowed by law.
(3) (a) Prior to the development of a coal bed methane well that involves the production of ground water from an aquifer that is a source of supply for appropriation rights or permits to appropriate under Title 85, chapter 2, the developer of the coal bed methane well shall notify and offer a reasonable mitigation agreement to each appropriator of water who holds an appropriation right or a permit to appropriate under Title 85, chapter 2, that is for ground water and for which the point of diversion is within:
(i) 1 mile of the coal bed methane well; or
(ii) one-half mile of a well that is adversely affected by the coal bed methane well.
(b) The mitigation agreement must address the reduction or loss of water resources and must provide for prompt supplementation or replacement of water from any natural spring or water well adversely affected by the coal bed methane well. The mitigation agreement is not required to address a loss of water well productivity that does not result from a reduction in the amount of available water because of production of ground water from the coal bed methane well.
History: En. Sec. 4, Ch. 578, L. 2001; Sec. 85-2-521, MCA 2001; redes. 82-11-175 by Sec. 1, Ch. 117, L. 2003.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 11. Oil and Gas Conservation › Part 1. Regulation by Board of Oil and Gas Conservation › 82-11-180. Preservation of property rights

82-11-180. Preservation of property rights.
(1) Title 82, chapter 11, parts 1 and 2, and the issuance of a permit for a carbon dioxide injection well pursuant to Title 82, chapter 11, parts 1 and 2, do not:
(a) prejudice the rights of property owners within a geologic storage reservoir to exercise rights that have not been committed to a storage reservoir; or
(b) prevent a mineral owner or mineral lessee from drilling through or near a storage reservoir to explore for and develop minerals, provided that the drilling, production, and related activities comply with board requirements that preserve the storage reservoir's integrity and implement Title 82, chapter 11, parts 1 and 2.
(2) Title 82, chapter 11, parts 1 and 2, may not be construed to:
(a) change or alter common law in accordance with 1-1-108 as it relates to the rights belonging to or the dominance of the mineral estate, including but not limited to the right to mine, drill, or recomplete a well, to inject substances to facilitate production, or to implement enhanced recovery for the purposes of recovery of oil, gas, or other minerals;
(b) impede or impair the ability of an oil and gas operator to inject carbon dioxide for enhanced recovery or to establish, verify, register, and sell emission reduction credits or attributes associated with the project;
(c) change or alter common law or statutory provisions regarding the ownership of surface or subsurface rights;
(d) diminish, impair, or in any way affect the rights of a natural gas public utility, as defined in 82-10-301, to own, operate, or control a gas storage reservoir in use prior to May 6, 2009; or
(e) apply within the exterior boundaries of any federally recognized Indian reservation within the state of Montana unless the governing body of the tribe adopts a carbon sequestration law and enters into a cooperative agreement with the state.
(3) If the ownership of the geologic storage reservoir cannot be determined from the deeds or severance documents related to the property by reviewing statutory or common law, it is presumed that the surface owner owns the geologic storage reservoir.
History: En. Sec. 1, Ch. 474, L. 2009.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 11. Oil and Gas Conservation › Part 1. Regulation by Board of Oil and Gas Conservation › 82-11-181. Geologic storage reservoir administrative fee -- account established

82-11-181. (Effective on occurrence of contingency) Geologic storage reservoir administrative fee -- account established.
(1) (a) A geologic storage operator shall pay to the board a fee on each ton of carbon dioxide injected for storage for the purpose of carrying out the state's responsibility to monitor and manage geologic storage reservoirs. If a geologic storage operator chooses to indefinitely accept liability pursuant to 82-11-183(9)(a), the board shall remit the fee to the operator. If a geologic storage operator is required to maintain liability pursuant to 82-11-183(9)(b), the board may not remit the fee.
(b) The fee must be in the amount set by board rule.
(c) The amount must be based on the anticipated actual expenses that the board will incur in monitoring and managing geologic storage reservoirs during their postclosure phases.
(2) There is a geologic storage reservoir program account in the special revenue fund.
(3) (a) Each fiscal year there must be deposited in the account the fees collected pursuant to 82-11-184(2)(b) and subsection (1) of this section, to be used by the board for monitoring and managing geologic storage reservoirs pursuant to 82-11-183(6) and (8).
(b) Funds received from bonds or other surety as authorized in 82-11-123(1)(f) and 82-11-183 must be deposited in the account.
(4) Interest and earnings on the funds in the geologic storage reservoir program account accrue to that account.
History: En. Sec. 2, Ch. 474, L. 2009.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 11. Oil and Gas Conservation › Part 1. Regulation by Board of Oil and Gas Conservation › 82-11-182. Liability for carbon dioxide during injection

82-11-182. (Effective on occurrence of contingency) Liability for carbon dioxide during injection.
(1) Until the certificate of project completion is issued pursuant to 82-11-183(1) and title to the stored carbon dioxide and geologic storage reservoir is transferred to the state pursuant to 82-11-183(7), the geologic storage operator is liable for the operation and management of the carbon dioxide injection well, the geologic storage reservoir, and the injected or stored carbon dioxide.
(2) Bond or other surety furnished pursuant to 82-11-123(1)(f) must be adequate to meet the requirements of subsection (1).
(3) For the purposes of 82-11-183 and this section, "title" includes title to the geologic storage reservoir and the stored carbon dioxide.
History: En. Sec. 3, Ch. 474, L. 2009; amd. Sec. 26, Ch. 123, L. 2013.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 11. Oil and Gas Conservation › Part 1. Regulation by Board of Oil and Gas Conservation › 82-11-184. Conversion of enhanced recovery wells

82-11-184. (Effective on occurrence of contingency) Conversion of enhanced recovery wells.
(1) A well regulated under this chapter in which carbon dioxide is injected for the purpose of enhancing the recovery of oil and gas may be converted to a carbon dioxide injection well.
(2) (a) The board shall develop rules with regard to the conversion of wells referred to in subsection (1) to carbon dioxide injection wells. The rules must be in accordance with all application, permitting, and regulatory requirements for carbon dioxide injection wells pursuant to this part.
(b) The rules must include provisions for a fee to be paid by the owner of a converted well in an amount equivalent to the fee required to be paid by a geologic storage operator pursuant to 82-11-181(1).
(3) Wells converted to carbon dioxide injection wells pursuant to this section are subject to carbon dioxide injection well and geologic storage reservoir regulations pursuant to this chapter, including requirements for bonding or other surety, the issuance of a certificate of completion, and acceptance or transfer of liability.
History: En. Sec. 5, Ch. 474, L. 2009.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 11. Oil and Gas Conservation › Part 1. Regulation by Board of Oil and Gas Conservation › 82-11-185. Makoshika state park requirements

82-11-185. (Effective on occurrence of contingency) Makoshika state park requirements.
(1) Except as provided in subsection (3), on lands managed as Makoshika state park pursuant to Title 23, chapter 1, and under the control of the department of fish, wildlife, and parks by grant, acquisition, lease, easement, or other means, a person may not:
(a) drill, construct, convert, or operate an oil or gas well, stratigraphic test well, or core hole;
(b) conduct vibroseis, drill a seismic shot hole, or set a surface charge;
(c) explore for oil or gas in a manner that damages the land surface; or
(d) construct or place any surface facility associated with oil or gas exploration or development.
(2) The prohibitions in subsection (1) do not preclude the development of geologic storage reservoirs or of oil or gas resources from beneath Makoshika state park through directional drilling or access from property outside the boundaries of the state park provided that the surface resources of the state park are not disturbed.
(3) The prohibitions listed in subsection (1) do not apply to geologic storage reservoirs or to oil or gas resources within Makoshika state park that are owned by a private person, nor do the prohibitions apply to school trust lands within the boundaries of the park. The state acknowledges the mineral rights of Dawson County and the state school trust and the private property rights of persons owning private mineral rights within Makoshika state park. The department of fish, wildlife, and parks is directed to conduct negotiations with the owners of mineral rights within Makoshika state park with the purpose of acquiring those rights in the name of the state.
History: En. Sec. 6, Ch. 474, L. 2009.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 11. Oil and Gas Conservation › Part 1. Regulation by Board of Oil and Gas Conservation › 82-11-188. Incidental carbon dioxide storage -- certification

82-11-188. Incidental carbon dioxide storage -- certification.
(1) An operator or producer of an oil or gas enhanced recovery project may request that the board certify the quantity of carbon dioxide being stored incidentally through the enhanced recovery project.
(2) The operator or producer shall submit a plan to account for the incidentally stored carbon dioxide on a form provided by the board.
(3) Upon approval of the plan, the board shall certify the amount of carbon dioxide incidentally stored through the enhanced recovery project.
(4) An application for certification pursuant to this section is not an application for a geologic storage project or a carbon dioxide injection well for injection in a geologic storage reservoir. Certification of incidentally stored carbon dioxide pursuant to this section does not convert an enhanced recovery project to a geologic storage project and does not subject the enhanced recovery project to the requirements of the carbon dioxide injection well regulations or geologic storage reservoir regulations pursuant to this chapter.
History: En. Sec. 1, Ch. 129, L. 2015.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 11. Oil and Gas Conservation › Part 2. Unit Operations › 82-11-203. Pooling agreements not in violation of antitrust laws

82-11-203. Pooling agreements not in violation of antitrust laws.
(1) An agreement for the unit or cooperative development and operation of a field or pool or any part of either or for conducting repressuring or pressure maintenance operations, cycling or recycling operations, including the extraction and separation of liquid hydrocarbons from natural gas in connection therewith, or any other method of unit or cooperative operation, including water flooding, is authorized and may be performed.
(2) Such an agreement does not violate any of the statutes of this state relating to trusts, monopolies, or contracts and combinations in restraint of trade if the agreement is approved by the board as being in the public interest and reasonably necessary to increase ultimate recovery or to prevent waste of oil or gas.
History: En. Sec. 8, Ch. 238, L. 1953; amd. Sec. 60, Ch. 253, L. 1974; R.C.M. 1947, 60-131.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 11. Oil and Gas Conservation › Part 2. Unit Operations › 82-11-205. Board order for unit operation -- criteria

82-11-205. (Temporary) Board order for unit operation -- criteria.
The board shall make an order providing for the unit operation of a pool or pools or part thereof if it determines, based on evidence presented at the hearing, that:
(1) such operation is reasonably necessary to increase the ultimate recovery of oil or gas;
(2) the value of the estimated additional recovery of oil or gas less royalties or, as to gas pools only, the value of the economies to be effected, exceeds the estimated additional cost incident to conducting such operations; and
(3) the full areal extent of the pool or pools or part thereof has been reasonably defined and determined by drilling operations.
82-11-205. (Effective on occurrence of contingency) Board order for unit operation -- criteria.
The board shall make an order providing for the unit operation of a pool or pools or part of the pools or of a geologic storage reservoir if it determines, based on evidence presented at the hearing, that:
(1) the operation is reasonably necessary to increase the ultimate recovery of oil or gas or the operation is necessary for the long-term storage of carbon dioxide;
(2) the value of the estimated additional recovery of oil or gas less royalties or, as to gas pools only, the value of the economies to be effected, exceeds the estimated additional cost incident to conducting the operations; and
(3) (a) the full areal extent of the pool or pools or part of the pools has been reasonably defined and determined by drilling operations; or
(b) in the case of a geologic storage reservoir, the full areal extent of the project has been reasonably defined and determined by drilling operations, geologic interpretation, seismic information, or other information acceptable to the board.
History: En. Sec. 2, Ch. 33, L. 1969; amd. Sec. 2, Ch. 150, L. 1971; amd. Sec. 62, Ch. 253, L. 1974; R.C.M. 1947, 60-131.2; amd. Sec. 25, Ch. 474, L. 2009.