reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 57 - Minerals, Oil, and Gas › 57-717 - Severance tax collection; Tax Commissioner; powers and duties; penalty.

57-717.
Severance tax collection; Tax Commissioner; powers and duties; penalty.
(1) The Tax Commissioner shall establish procedures to insure that all severance taxes which are due are paid in full and in a timely manner and shall undertake to insure that all oil and natural gas producing property classifications are current and correct.
(2) If the Tax Commissioner is not satisfied with the return or returns of the tax or the amount of tax required to be paid to the state by any person, he or she may compute and determine the amount required to be paid upon the basis of the facts contained in the return or returns or upon the basis of any information within his or her possession or which may come into his or her possession. One or more deficiency determinations of the amount due for one or more than one period may be made. To the amount of the deficiency determination for each period shall be added a penalty equal to ten percent thereof. In making a determination, the Tax Commissioner may offset overpayments for any period, together with interest on the overpayments, against underpayments for any period, against penalties, and against interest on the underpayments. The interest on underpayments and overpayments shall be computed in the manner set forth in this section.
(3) If any person fails to make a return the Tax Commissioner shall make an estimate of the amount of severance tax due. The estimate shall be made for the period or periods in respect to which the person failed to make a return and shall be based upon any information which is in the Tax Commissioner's possession or may come into his or her possession. Upon the basis of this estimate, the Tax Commissioner shall compute and determine the amount required to be paid to the state, adding to the sum thus arrived at a penalty equal to ten percent thereof. One or more determinations may be made for one or more than one period.
(4) The amount of the determination of any deficiency, exclusive of penalties, shall bear interest at the rate specified in section 45-104.02, as such rate may from time to time be adjusted, from the last day of the month following the period for which the amount should have been returned until the date of payment.
(5) If any part of a deficiency for which a deficiency determination is made is the result of fraud or an intent to evade Chapter 57, article 7, or authorized rules and regulations, a penalty of twenty-five percent of the amount of the determination shall be added thereto.
(6) Promptly after making his or her determination, the Tax Commissioner shall give to the person written notice of his or her determination.
Source
Laws 1983, LB 228, § 7;
Laws 1992, Fourth Spec. Sess., LB 1, § 7.
2023 Nebraska Revised Statutes › Chapter 57 - Minerals, Oil, and Gas › 57-718 - Tax Commissioner; enforcement; powers and duties; records; requirements.

57-718.
Tax Commissioner; enforcement; powers and duties; records; requirements.
(1) The Tax Commissioner shall enforce Chapter 57, article 7, and may prescribe, adopt, and enforce rules and regulations relating to the administration and enforcement of such article. The Tax Commissioner may prescribe the extent to which any ruling or regulation shall be applied without retroactive effect.
(2) The Tax Commissioner may employ accountants, auditors, investigators, assistants, and clerks necessary for the efficient administration of Chapter 57, article 7, and may delegate authority to his or her representatives to conduct hearings, prescribe regulations, or perform any other duties imposed by such article.
(3) Every person subject to Chapter 57, article 7, shall keep such records, receipts, invoices, and other pertinent papers in such form as the Tax Commissioner may require. Every such person shall keep such records for not less than three years from the making of such records unless the Tax Commissioner in writing sooner authorized their destruction.
(4) The Tax Commissioner or any person authorized in writing by him or her may examine the books, papers, records, and equipment of any person liable for the severance tax and may investigate the character of the business of the person in order to verify the accuracy of any return made, or, if no return is made by the person, to ascertain and determine the amount required to be paid.
(5) The taxpayer shall have the right to keep or store his or her records at a point outside this state and shall make his or her records available to the Tax Commissioner at all times.
Source
Laws 1983, LB 228, § 8.
2023 Nebraska Revised Statutes › Chapter 57 - Minerals, Oil, and Gas › 57-719 - Violations; penalties.

57-719.
Violations; penalties.
(1) Any person who willfully aids or assists in, or procures, counsels, or advises, the preparation or presentation of a false or fraudulent return, affidavit, claim, or document under or in connection with any matter arising under Chapter 57, article 7, shall, whether or not such falsity or fraud is with the knowledge or consent of the person authorized or required to present such return, affidavit, claim, or document, be guilty of a Class IV felony.
(2) Any person who violates or aids or abets in the violation of Chapter 57, article 7, except as otherwise provided, shall be guilty of a Class IV misdemeanor. In the case of a continuing violation, every day of violation shall be considered a separate offense.
(3) Any corporate officer or employee with the duty to pay taxes imposed upon a corporation or to perform some other act required of a corporation shall be personally liable under section 77-1783.01 for the payment of such taxes or penalties in the event of willful failure on his or her part to perform such act.
Source
Laws 1983, LB 228, § 9;
Laws 1996, LB 1041, § 1.
2023 Nebraska Revised Statutes › Chapter 57 - Minerals, Oil, and Gas › 57-801 - Terms, defined.

57-801.
Terms, defined.
As used in sections 57-801 to 57-820, unless the context otherwise requires:
(1) Person shall mean an individual, corporation, firm, partnership, limited liability company, or association;
(2) Owner shall mean a person or persons holding any interest, legal or equitable, in a leasehold interest held for oil or gas purposes or any pipeline, or his or her agent, and shall include purchasers under executory contract, receivers, trustees, guardians, executors, and administrators;
(3) Contract shall mean a contract, written or oral, express or implied, or partly express and partly implied, or executory or executed, or partly executory and partly executed;
(4) Material shall mean material, water, machinery, equipment, appliances, buildings, structures, tools, bits, or supplies but does not include rigs or hoists or their integral component parts except wire lines;
(5) Labor shall mean work performed in return for wages;
(6) Services shall mean work performed exclusive of labor, including the hauling of material, whether or not involving the furnishing of materials;
(7) Furnish shall mean sell or rent;
(8) Drilling shall mean drilling, digging, torpedoing, acidizing, cementing, completing, or repairing;
(9) Operating shall mean all operations in connection with or necessary to the production of oil or gas;
(10) Construction or constructing shall mean construction, maintenance, fabrication, or repair;
(11) Pipeline shall mean any pipeline laid and designed as a means of transporting natural gas, oil, or gasoline, or their components or derivatives, and the right-of-way therefor; and
(12) Original contractor shall mean any person for whose benefit a lien is prescribed by section 57-802.
Source
Laws 1957, c. 241, § 1, p. 807;
Laws 1993, LB 121, § 352.
2023 Nebraska Revised Statutes › Chapter 57 - Minerals, Oil, and Gas › 57-802 - Leasehold interest; oil and gas operations; labor and material; lien.

57-802.
Leasehold interest; oil and gas operations; labor and material; lien.
Any person, who shall under contract with the owner of any leasehold interest held for oil or gas purposes or the owner of any pipeline perform any labor, furnish any material or services used or employed or furnished to be used or employed in the drilling or operating of any oil or gas well upon such leasehold interest or in the construction of any pipeline or in the constructing of any material so used, employed, or furnished to be used or employed, shall be entitled to a lien under sections 57-801 to 57-820. Any such person shall be entitled to such lien whether or not a producing well is obtained and whether or not such material is incorporated in or becomes a part of the completed oil well, gas well, or pipeline, for the amount due him for the performance of such labor or the furnishing of such material or services. This shall include, without limiting the generality of the foregoing, transportation and mileage charges connected therewith.
Source
Laws 1957, c. 241, § 2, p. 808.
Annotations
Oil well lien was obtained under contract with owner of leasehold interest. Western Pipe & Supply, Inc. v. Heart Mountain Oil Co., Inc., 179 Neb. 858, 140 N.W.2d 813 (1966).
2023 Nebraska Revised Statutes › Chapter 57 - Minerals, Oil, and Gas › 57-803 - Lien; property covered.

57-803.
Lien; property covered.
Liens created under the provisions of section 57-802 shall extend to:
(1) The leasehold interest held for oil or gas purposes to which the materials or services were furnished, or for which the labor was performed, and the appurtenances thereunto belonging;
(2) All materials and fixtures owned by the owner or owners of such leasehold interest and used or employed, or furnished to be used or employed in the drilling or operating of any oil or gas well located thereon;
(3) All oil or gas wells located on such leasehold interest, and the oil or gas produced therefrom, and the proceeds thereof, exclusive of the interest therein owned by the owner of the underlying royalty or fee title; or
(4) The whole of the pipeline to which the materials or services were furnished, or for which labor was performed, and all buildings and appurtenances thereunto belonging. This shall include, without limiting the generality of the foregoing, gates, valves, pumps, pump stations, and booster stations, and all materials and fixtures owned by the owner or owners of such pipeline and used or employed or furnished to be used or employed in the construction thereof.
Source
Laws 1957, c. 241, § 3, p. 809.
2023 Nebraska Revised Statutes › Chapter 57 - Minerals, Oil, and Gas › 57-804 - Subcontractor; lien.

57-804.
Subcontractor; lien.
Any person, who shall under contract perform any labor or furnish any material or services as a subcontractor under an original contractor or for or to an original contractor or a subcontractor under an original contractor, shall be entitled to a lien upon all the property upon which the lien of an original contractor may attach to the same extent as an original contractor. The lien provided for in this section shall further extend and attach to all materials and fixtures owned by such original contractor or subcontractor to or for whom the labor is performed or material or services furnished and used or employed, or furnished to be used or employed in the drilling or operating of such oil or gas wells, or in the construction of such pipeline.
Source
Laws 1957, c. 241, § 4, p. 810.
2023 Nebraska Revised Statutes › Chapter 57 - Minerals, Oil, and Gas › 57-805 - Forfeiture of leasehold interest; effect; failure of equitable interest to ripen into legal title; effect.

57-805.
Forfeiture of leasehold interest; effect; failure of equitable interest to ripen into legal title; effect.
If a lien provided for in sections 57-801 to 57-820 attaches to a leasehold interest, forfeiture of such leasehold interest shall not impair any lien as to material, appurtenances, and fixtures located thereon and to which such lien has attached prior to forfeiture. If a lien provided for in sections 57-801 to 57-820 attaches to an equitable interest or to a legal interest contingent upon the happening of a condition subsequent, failure of such interest to ripen into legal title or such condition subsequent to be fulfilled, shall not impair any lien as to material, appurtenances, and fixtures located thereon and to which such lien had attached prior to such failure.
Source
Laws 1957, c. 241, § 5, p. 810.
2023 Nebraska Revised Statutes › Chapter 57 - Minerals, Oil, and Gas › 57-806 - Notice of lien; how given; effect.

57-806.
Notice of lien; how given; effect.
Anything in sections 57-801 to 57-820 to the contrary notwithstanding, any lien claimed by virtue of the provisions of sections 57-801 to 57-820 insofar as it may extend to oil or gas or the proceeds of the sale of oil or gas shall not be effective against any purchaser of such oil or gas until written notice of such claim has been delivered to such purchaser. Such notice shall state the name of the claimant, his address, the amount for which the lien is claimed, and a description of the leasehold interest upon which the lien is so claimed. Such notice shall be delivered personally to the purchaser or by registered or certified mail addressed to the purchaser. Until such notice is delivered as above provided, no such purchaser shall be liable to the claimant for any oil or gas produced from the leasehold interest upon which the lien is claimed or the proceeds thereof except to the extent of such part of the purchase price of such oil or gas or the proceeds thereof as may be owing by such purchaser at the time of delivery of such written notice. Such purchaser shall withhold payments for such oil or gas runs to the extent of the lien amount claimed until such delivery of notice in writing that the claim has been paid.
Source
Laws 1957, c. 241, § 6, p. 810.
2023 Nebraska Revised Statutes › Chapter 57 - Minerals, Oil, and Gas › 57-807 - Extent of liability of owner; payment after notice, effect; right of offset.

57-807.
Extent of liability of owner; payment after notice, effect; right of offset.
Nothing in sections 57-801 to 57-820 shall be deemed to fix a greater liability upon an owner in favor of any claimant under an original contractor than the amount for which the owner would be liable to the original contractor. The risk of all payments made to the original contractor shall be upon the owner after the receipt of notice that a lien is claimed and has been filed as herein provided by a person other than the original contractor. An owner shall not have the right to offset obligations of the original contractor unless such obligations arise out of the original contract.
Source
Laws 1957, c. 241, § 7, p. 811.
2023 Nebraska Revised Statutes › Chapter 57 - Minerals, Oil, and Gas › 57-808 - Lien; time of attaching.

57-808.
Lien; time of attaching.
The lien provided for in sections 57-801 to 57-820 arises on the date of the furnishing of the first item of material or services or the date of performance of the first labor. Upon compliance with the provisions of section 57-811, such lien shall be preferred to all other titles, charges, liens, or encumbrances which may attach to or upon any of the property upon which a lien is given by the provisions of sections 57-801 to 57-820 subsequent to the date the lien herein provided for arises.
Source
Laws 1957, c. 241, § 8, p. 811.
2023 Nebraska Revised Statutes › Chapter 57 - Minerals, Oil, and Gas › 57-809 - Lien; labor preferred over material.

57-809.
Lien; labor preferred over material.
All liens affixed by virtue of the provisions of sections 57-801 to 57-820 upon the same property shall be of equal standing except that liens of persons for the performance of labor shall be preferred to all other liens affixed by virtue of sections 57-801 to 57-820.
Source
Laws 1957, c. 241, § 9, p. 811.
2023 Nebraska Revised Statutes › Chapter 57 - Minerals, Oil, and Gas › 57-810 - Labor and materials deemed furnished under single contract; lapse of time; effect.

57-810.
Labor and materials deemed furnished under single contract; lapse of time; effect.
All labor performed or materials or services furnished by any person entitled to a lien under the provisions of sections 57-801 to 57-820 upon the same leasehold interest for oil and gas purposes or the same pipeline shall for the purposes of sections 57-801 to 57-820 be considered as having been performed or furnished under a single contract regardless of whether or not the same was performed or furnished at different times or on separate orders. Not more than four months shall however elapse between the date of performance of such labor or the date of furnishing such material or services and the date on which labor is next performed or materials or services are next furnished.
Source
Laws 1957, c. 241, § 10, p. 811.
2023 Nebraska Revised Statutes › Chapter 57 - Minerals, Oil, and Gas › 57-811 - Lien; filing; statement; contents.

57-811.
Lien; filing; statement; contents.
Every person, claiming a lien under the provisions of sections 57-801 to 57-820, shall file in the office of the county clerk for the county in which the land identified with the leasehold interest, or pipeline, or some part thereof, is situated, a statement verified by an affidavit. This statement shall set forth the amount claimed and the items thereof, the dates on which labor was performed or material or services furnished, the name of the owner or owners of the leasehold interest or pipeline, if known, the name of the claimant and his mailing address, a description of the leasehold interest or pipeline, and if the claimant be a claimant under the provisions of section 57-804, the name of the person for whom the labor was immediately performed or the material or services were immediately furnished. The statement of lien must be filed within four months after the date on which the claimant's labor was last performed or his material or services were last furnished under a single contract as provided for in section 57-810.
Source
Laws 1957, c. 241, § 11, p. 812.
Annotations
The purpose of this section is to furnish interested parties with sufficient information to enable them to understand the nature of the lien claimed. Western Pipe & Supply, Inc. v. Heart Mountain Oil Co., Inc., 179 Neb. 858, 140 N.W.2d 813 (1966).
2023 Nebraska Revised Statutes › Chapter 57 - Minerals, Oil, and Gas › 57-812 - Filing of statement; duties of county clerk; effect of filing; fee.

57-812.
Filing of statement; duties of county clerk; effect of filing; fee.
Immediately upon receipt of the statement of lien mentioned in section 57-811, the county clerk shall give such statement a file number and shall file the same and in addition shall enter a record of the same in a book kept by him or her for that purpose, to be called Oil and Gas Lien Record, which shall be ruled off into separate columns with headings as follows: File Number, When Filed, Name of Owner, Name of Claimant, Amount Claimed, Description of Land, and Remarks, and the county clerk shall make the proper entries under each column. The lien statement shall have the same force and effect as the timely filing of a construction lien with reference to real estate and secured transactions as provided in article 9, Uniform Commercial Code, insofar as personal property is concerned. The fee to be charged by the county clerk for the filing of such lien statement shall be two dollars.
Source
Laws 1957, c. 241, § 12, p. 812;
Laws 1969, c. 461, § 2, p. 1611;
Laws 1999, LB 550, § 39.
2023 Nebraska Revised Statutes › Chapter 57 - Minerals, Oil, and Gas › 57-813 - Filing of bond; procedure; effect.

57-813.
Filing of bond; procedure; effect.
(1) Whenever any lien or liens shall be fixed or attempted to be fixed under the provisions of sections 57-801 to 57-820 then the owner or owners of the property on which the lien or liens are claimed or the contractor or subcontractor through whom such lien or liens are claimed, or either of them, may file a bond with the county clerk of the county in which the property is located. Such bond shall describe the property on which the lien or liens are claimed, shall refer to the lien or liens claimed in manner sufficient to identify them and shall be in double the amount of the claimed lien or liens referred to and shall be payable to the party or parties claiming same. Such bond shall be executed by the party filing the same as principal and by a corporate surety authorized to execute such bonds as surety in the State of Nebraska. It shall be conditioned substantially that the principal and surety will pay to the obligees named or their assigns the amounts of the liens so claimed by them with all costs in the event same shall be proven to be liens on such property.
(2) Upon the filing of such bond, the county clerk shall send a notice thereof, to all obligees named therein, by registered or certified mail addressed to such obligees at the address set forth in their respective claims for lien.
(3) Such bond, when filed, and such notice, when mailed, shall be recorded by the county clerk in the Oil and Gas Lien Record, and any purchaser or lender may rely upon the record of such bond and notice in acquiring any interest in said property and shall be protected absolutely thereby.
(4) Such bond, when filed, shall take the place of the property against which any claim for lien referred to in such bond is asserted. At any time within the period of time provided in section 57-814, any person claiming such lien may sue upon such bond but no action shall be brought upon such bond after the expiration of such period. One action upon the bond shall not exhaust the remedies thereon but each obligee or assignee of an obligee named therein may maintain a separate suit thereon in any court having jurisdiction.
Source
Laws 1957, c. 241, § 13, p. 813.
2023 Nebraska Revised Statutes › Chapter 57 - Minerals, Oil, and Gas › 57-814 - Lien; enforcement by civil action; statute of limitations.

57-814.
Lien; enforcement by civil action; statute of limitations.
Any lien provided for by the provisions of sections 57-801 to 57-820 may be enforced by civil action in the district court of the county in which the land identified with such leasehold interest, or pipeline, or some part thereof, is situated. Such action shall be brought within two years from the time of the filing of the lien statement as provided for in section 57-811.
Source
Laws 1957, c. 241, § 14, p. 814.
2023 Nebraska Revised Statutes › Chapter 57 - Minerals, Oil, and Gas › 57-815 - Actions; parties; defense; retention of funds.

57-815.
Actions; parties; defense; retention of funds.
In such actions all persons whose liens are filed as herein provided and other encumbrancers may be made parties and the issues shall be made and the trials shall be conducted as in other civil cases. Where such action is brought by any person other than an original contractor, the original contractor through whom such person claims a lien shall be made a party defendant and shall at his own expense defend against the claim and if the contractor fails to make such defense, the owner may make the same at the expense of such original contractor. Until all claims, costs, and expenses are finally adjudicated and defeated or satisfied, the owner shall be entitled to retain from the original contractor the amount thereof.
Source
Laws 1957, c. 241, § 15, p. 814.
2023 Nebraska Revised Statutes › Chapter 57 - Minerals, Oil, and Gas › 57-816 - Actions; consolidation; intervention.

57-816.
Actions; consolidation; intervention.
If several actions brought to enforce liens under the provisions of sections 57-801 to 57-820 on the same property be pending at the same time, the court may order them to be consolidated. Any claimant having filed his statement of lien as provided by the provisions of sections 57-801 to 57-820 shall be entitled to intervene in any pending action brought to enforce a lien on the same property.
Source
Laws 1957, c. 241, § 16, p. 814.
2023 Nebraska Revised Statutes › Chapter 57 - Minerals, Oil, and Gas › 57-817 - Lien; removal of property; consent of holder of lien required.

57-817.
Lien; removal of property; consent of holder of lien required.
When any lien provided for by sections 57-801 to 57-820 shall have attached to the property covered thereby, it shall be unlawful for any person to remove such property, or any part thereof, or cause the same to be removed from the premises where located at the time such lien attached or otherwise dispose of the same without the written consent of the holder of such lien.
Source
Laws 1957, c. 241, § 17, p. 814.
2023 Nebraska Revised Statutes › Chapter 57 - Minerals, Oil, and Gas › 57-818 - Judgments; sale under execution.

57-818.
Judgments; sale under execution.
In all cases where judgment may be rendered in favor of any person to enforce a lien under the provisions of sections 57-801 to 57-820, the leasehold interest, pipeline, or other property shall be ordered to be sold as in other cases of sales of real estate.
Source
Laws 1957, c. 241, § 18, p. 815.
2023 Nebraska Revised Statutes › Chapter 57 - Minerals, Oil, and Gas › 57-819 - Applicability of sections; liens granted prior to September 20, 1957; filing; enforcement; validity.

57-819.
Applicability of sections; liens granted prior to September 20, 1957; filing; enforcement; validity.
All liens granted by the provisions of sections 57-801 to 57-820 shall be perfected and enforced in accordance with the provisions of sections 57-801 to 57-820 whether such liens arise before or after September 20, 1957. Any unperfected lien granted under any statute in effect prior to September 20, 1957, and which could be subsequently perfected in accordance with such prior statute were it not for the existence of sections 57-801 to 57-820 may be perfected and enforced in accordance with the provisions hereof if the statement of lien required to be filed under section 57-811 is filed within the time therein required or within two months after September 20, 1957, whichever period is longer. The validity of any lien perfected prior to September 20, 1957, in accordance with the requirements of any statute in effect prior to such date shall be determined on the basis of such prior statute but the enforcement thereof shall, insofar as possible, be governed by the provisions of sections 57-801 to 57-820.
Source
Laws 1957, c. 241, § 19, p. 815.
2023 Nebraska Revised Statutes › Chapter 57 - Minerals, Oil, and Gas › 57-901 - Development of oil and natural gas; purpose.

57-901.
Development of oil and natural gas; purpose.
The purpose of sections 57-901 to 57-923 is to permit the development of Nebraska's oil and natural gas resources up to the maximum efficient rate of production while promoting the health, safety, and environment of the residents of Nebraska. It is the public policy of the state and in the public interest to encourage responsible development, production, and utilization of oil and gas natural resources and their products, to prevent waste, to protect the correlative rights of all owners, to encourage and authorize cycling, recycling, pressure maintenance, and secondary recovery operations to obtain the most efficient recovery of oil and gas resources for the highest benefit of landowners, royalty owners, producers, and the general public, and to facilitate open communication with and the participation of the general public and affected local governmental entities.
Source
Laws 1959, c. 262, § 1, p. 900;
Laws 2016, LB1082, § 1.
Annotations
This and succeeding sections contemplate determination of correlative rights of adjoining owners in a pool of oil or gas shall be determined on a fair, reasonable, and equitable basis. Farmers Irr. Dist. v. Schumacher, 187 Neb. 825, 194 N.W.2d 788 (1972).
Lessee who refused to participate in a secondary recovery unit formed prior to compulsory unitization only entitled to recover for that which he would have produced by his own efforts without unitization. Baumgartner v. Gulf Oil Co., 184 Neb. 384, 168 N.W.2d 510 (1969).
2023 Nebraska Revised Statutes › Chapter 57 - Minerals, Oil, and Gas › 57-902 - Waste of oil and gas; prohibited.

57-902.
Waste of oil and gas; prohibited.
Waste of oil and gas, or either of them, as defined in section 57-903, is prohibited in the State of Nebraska.
Source
Laws 1959, c. 262, § 2, p. 901.
2023 Nebraska Revised Statutes › Chapter 57 - Minerals, Oil, and Gas › 57-904 - Nebraska Oil and Gas Conservation Commission; members; qualifications; appointment; term; quorum; vacancy; compensation; expenses.

57-904.
Nebraska Oil and Gas Conservation Commission; members; qualifications; appointment; term; quorum; vacancy; compensation; expenses.
There is hereby established the Nebraska Oil and Gas Conservation Commission. The commission shall consist of three members to be appointed by the Governor. The director of the state geological survey shall serve the commission in the capacity as its technical advisor, but with no power to vote. Any two commissioners shall constitute a quorum for all purposes. At least one member of the commission shall have had experience in the production of oil or gas and shall have resided in the State of Nebraska for at least one year. Each of the other members of the commission shall have resided in the State of Nebraska for at least three years. Initially, two of said members shall be appointed for a term of two years each; and one shall be appointed for a term of four years. At the expiration of the initial terms all members thereafter appointed shall serve for a term of four years. The Governor may at any time remove any appointed member of the commission for cause, and by appointment, with the approval of the Legislature, shall fill any vacancy on the commission.
The members of the commission shall receive as compensation for their services the sum of five hundred dollars per day for each day actually devoted to the business of the commission. Such amount shall be adjusted on July 1, 2025, and on July 1 of each odd-numbered year thereafter by the percentage change in the Consumer Price Index for Urban Wage Earners and Clerical Workers for the two-year period preceding the date of adjustment. In addition, each member of the commission shall be reimbursed for expenses incurred in connection with the carrying out of his or her duties as provided in sections 81-1174 to 81-1177.
Source
Laws 1959, c. 262, § 4, p. 902;
Laws 1979, LB 90, § 1;
Laws 1981, LB 204, § 99;
Laws 2018, LB1008, § 2;
Laws 2020, LB381, § 50;
Laws 2023, LB565, § 33.
Operative Date: September 2, 2023
2023 Nebraska Revised Statutes › Chapter 57 - Minerals, Oil, and Gas › 57-905.01 - Operator of Class II commercial underground injection well; duties.

57-905.01.
Operator of Class II commercial underground injection well; duties.
An operator of a Class II commercial underground injection well shall sample and analyze the fluids injected into each disposal well at sufficiently frequent time intervals to yield data representative of fluid characteristics, but no less frequently than once annually. The operator shall submit a copy of the fluid analysis to the commission.
Source
Laws 2016, LB1082, § 4.
2023 Nebraska Revised Statutes › Chapter 57 - Minerals, Oil, and Gas › 57-906 - Oil and gas; drilling permit; abandonment permit; fee.

57-906.
Oil and gas; drilling permit; abandonment permit; fee.
(1) It shall be unlawful to commence operations for the drilling of a well for oil or gas without first giving to the commission notice of intention to drill, and without first obtaining a permit from the commission, under such rules and regulations as may be reasonably prescribed by the commission, and by paying to the commission a fee of two hundred dollars for each such permit.
(2) It shall be unlawful to commence operations for the abandonment of a well with production casing in the hole without first giving to the commission notice of intention to abandon and without first obtaining the approval of the commission for such abandonment and paying to the commission a fee of one hundred dollars.
Source
Laws 1959, c. 262, § 6, p. 905;
Laws 1967, c. 353, § 1, p. 938;
Laws 1974, LB 804, § 1;
Laws 1995, LB 407, § 1.
Annotations
This section requires a permit from the Oil and Gas Conservation Commission before a well may be drilled. Farmers Irr. Dist. v. Schumacher, 187 Neb. 825, 194 N.W.2d 788 (1972).
2023 Nebraska Revised Statutes › Chapter 57 - Minerals, Oil, and Gas › 57-907 - Commission; limitation on production; duties.

57-907.
Commission; limitation on production; duties.
(1) The commission shall limit the production of oil and gas from each pool to that amount which can be produced without waste in such pool.
(2) Whenever the commission limits the total amount of oil and gas which may be produced in any pool in this state to an amount less than that amount which the pool could produce if no restriction was imposed, the commission shall allocate or distribute the allowable production among the several wells or producing properties in the pool on a reasonable basis, preventing or minimizing reasonably avoidable drainage from each developed area not equalized by counterdrainage, so that each property will have the opportunity to produce or to receive its just and equitable share, subject to the reasonable necessities for the prevention of waste.
(3) The commission shall give due regard to the fact that gas produced from oil pools is to be regulated in a manner as will protect the reasonable use of its energy for oil production.
(4) Each person now or hereafter purchasing or taking for transportation oil or gas from any owner or producer shall purchase or take ratably without discrimination in favor of any owner or producer in the same common source of supply offering to sell his oil or gas produced therefrom to such person or offering it to him for transportation.
Source
Laws 1959, c. 262, § 7, p. 905.
Annotations
This section authorizes the Oil and Gas Conservation Commission to limit production to prevent waste and to allocate or distribute allowable production equitably. Farmers Irr. Dist. v. Schumacher, 187 Neb. 825, 194 N.W.2d 788 (1972).
2023 Nebraska Revised Statutes › Chapter 57 - Minerals, Oil, and Gas › 57-908 - Commission; spacing units; establish.

57-908.
Commission; spacing units; establish.
(1) When required to prevent waste, to avoid the drilling of unnecessary wells, or to protect correlative rights, the commission shall establish spacing units for a pool, except in those pools which, prior to September 28, 1959, have been developed to such an extent that it would be impracticable or unreasonable to establish spacing units at the existing state of development. Spacing units when established shall be of substantially uniform size and shape for the entire pool, except that when found to be necessary for any of the purposes above mentioned, the commission is authorized to divide any pool into zones and establish spacing units for each zone, which units may differ in size and shape from those established in any other zone.
(2) The size and the shape of spacing units are to be such as will result in the efficient and economical development of the pool as a whole, and that size shall be the area that can be efficiently and economically drained by one well.
(3) An order establishing spacing units for a pool shall specify the size and shape of each unit and the location of the permitted well thereon in accordance with a reasonably uniform spacing plan. Upon application of the person entitled to drill and after hearing, if the commission finds that a well drilled at the prescribed location would not produce in paying quantities, or that surface conditions would substantially add to the burden or hazard of drilling such well, the commission is authorized to enter an order permitting the well to be drilled at a location other than that prescribed by such spacing order;
Provided,
the commission shall include in the order suitable provisions to prevent the production from the spacing unit of more than its just and equitable share of the oil and gas in the pool.
(4) An order establishing units for a pool shall cover all lands determined or believed to be underlaid by such pool, and may be changed or modified by the commission from time to time, when found necessary for the prevention of waste, or to avoid the drilling of unnecessary wells, or to protect correlative rights.
Source
Laws 1959, c. 262, § 8, p. 906.
Annotations
Pooling order herein was entered in conformity to requirements of act. Farmers Irr. Dist. v. Schumacher, 187 Neb. 825, 194 N.W.2d 788 (1972).
2023 Nebraska Revised Statutes › Chapter 57 - Minerals, Oil, and Gas › 57-910 - Unit or cooperative development; plans and agreements; authorization; not violations of law; approval by commission; effect.

57-910.
Unit or cooperative development; plans and agreements; authorization; not violations of law; approval by commission; effect.
Plans and agreements for the unit or cooperative development and operation of a field or pool, or a part of either, including those in connection with the conduct of repressuring or pressure maintenance operations, cycling or recycling operations, including the extraction and separation of liquid hydrocarbons from natural gas in connection therewith, water floods or any other method of operation, are authorized and may be performed, and shall not be held or construed to violate any of the statutes of this state relating to trusts, monopolies, or contracts and combinations in restraint of trade, if the plans and agreements are in the public interest, protective of correlative rights, and reasonably necessary to increase ultimate recovery or to prevent waste of oil or gas. If any such plan or agreement has been approved by the commission and an order authorizing unit operations has been entered by it pursuant to notice and hearing as provided in sections 57-910 to 57-910.12, it shall bind not only the persons who have executed such plan or agreement, but also all persons owning interests in oil and gas within the unit area.
Source
Laws 1959, c. 262, § 10, p. 908;
Laws 1965, c. 343, § 1, p. 975.
2023 Nebraska Revised Statutes › Chapter 57 - Minerals, Oil, and Gas › 57-910.01 - Unit or cooperative development; application for order for unit operation; contents.

57-910.01.
Unit or cooperative development; application for order for unit operation; contents.
Any owner may file an application with the commission requesting an order for the unit operation of a pool, pools, or parts thereof and for the pooling of the interests in the oil and gas in the proposed unit area for the purpose of conducting such unit operation. The application shall contain:
(1) A description of the land and pool, pools, or parts thereof to be so operated, termed the unit area;
(2) The names of all persons owning or having an interest in the oil and gas in the proposed unit area or the production therefrom, including mortgagees and the owners of other liens or encumbrances, as disclosed by the public records in the county in which the unit area is situated and their addresses, if known. If the name or address of any person is unknown, the application shall so indicate;
(3) A statement of the type of the operations contemplated in order to effectuate the purposes of sections 57-910 to 57-910.12;
(4) A proposed plan of unitization applicable to the proposed unit area which the petitioner considers fair, reasonable, and equitable; and
(5) A proposed operating plan covering the manner in which the unit will be supervised and managed and costs allocated and paid, unless all owners within the unit area have already executed an operating agreement covering such supervision, management, and allocation and payment of costs.
Source
Laws 1965, c. 343, § 2, p. 976.
2023 Nebraska Revised Statutes › Chapter 57 - Minerals, Oil, and Gas › 57-910.02 - Unit or cooperative development; hearing; notice.

57-910.02.
Unit or cooperative development; hearing; notice.
Upon filing of an application for an order providing for the unit operation of a pool, pools, or part thereof, and for the pooling of the interests in the oil and gas in the proposed unit area, the commission shall promptly set the matter for hearing and in addition to the notice otherwise required by section 57-911 or the commission rules shall cause notice of the hearing to be given by certified mail at least fifteen days prior to the date of hearing to all persons whose names are required to be set forth in such application.
Source
Laws 1965, c. 343, § 3, p. 976;
Laws 1967, c. 354, § 1, p. 939.
2023 Nebraska Revised Statutes › Chapter 57 - Minerals, Oil, and Gas › 57-910.05 - Unit or cooperative development; order for unit operation; allocation of unit production.

57-910.05.
Unit or cooperative development; order for unit operation; allocation of unit production.
Upon application by an owner the commission, by order, may, in the same manner and subject to the same conditions as in an original order, provide for the unit operation of a pool or pools, or parts thereof, that embrace a unit area established by a previous order of the commission. Such order, in providing for the allocation of unit production, shall first treat the unit area previously established as a single tract, and the portion of the 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 in the previous order.
Source
Laws 1965, c. 343, § 6, p. 979.
2023 Nebraska Revised Statutes › Chapter 57 - Minerals, Oil, and Gas › 57-910.06 - Unit or cooperative development; operations upon any portion of unit area; effect.

57-910.06.
Unit or cooperative development; operations upon any portion of unit area; effect.
All operations, including, but not limited to, the commencement, drilling, or operation of a well upon any portion of the unit area shall be deemed for all purposes the conduct of such operations upon each separately owned tract in the unit area by the several owners thereof. The portion of the unit production allocated to a separately owned tract in a unit area shall, when produced, be deemed, for all purposes, to have been actually produced from such tract by a well drilled thereon. Operations conducted pursuant to an order of the commission providing for unit operations shall constitute a fulfillment of all the express or implied obligations of each lease or contract covering lands in the unit area to the extent that compliance with such obligations cannot be had because of the orders of the commission.
Source
Laws 1965, c. 343, § 7, p. 979.
2023 Nebraska Revised Statutes › Chapter 57 - Minerals, Oil, and Gas › 57-910.07 - Unit or cooperative development; unit production; allocation; property of several owners.

57-910.07.
Unit or cooperative development; unit production; allocation; property of several owners.
The portion of the unit production allocated to any tract, and the proceeds from the sale thereof, shall be the property and income of the several persons to whom, or to whose credit, the same are allocated or payable under the order providing for unit operations.
Source
Laws 1965, c. 343, § 8, p. 980.
2023 Nebraska Revised Statutes › Chapter 57 - Minerals, Oil, and Gas › 57-910.08 - Unit or cooperative development; division orders; no termination by commission.

57-910.08.
Unit or cooperative development; division orders; no termination by commission.
No division order or other contract relating to the sale or purchase of production from a separately owned tract shall be terminated by any commission order, but shall remain in force and apply to oil and gas allocated to such tract until terminated in accordance with the provisions thereof.
Source
Laws 1965, c. 343, § 9, p. 980.
2023 Nebraska Revised Statutes › Chapter 57 - Minerals, Oil, and Gas › 57-910.09 - Unit or cooperative development; commission order not to result in transfer of title.

57-910.09.
Unit or cooperative development; commission order not to result in transfer of title.
Except to the extent that the parties affected so agree, no commission order shall be construed to result in a transfer of all or any part of the title of any person to the oil and gas rights in any tract in the unit area.
Source
Laws 1965, c. 343, § 10, p. 980.
2023 Nebraska Revised Statutes › Chapter 57 - Minerals, Oil, and Gas › 57-910.10 - Unit or cooperative development; lien of operator; establishment and enforcement; effect on nonconsenting owner.

57-910.10.
Unit or cooperative development; lien of operator; establishment and enforcement; effect on nonconsenting owner.
Subject to the limitations set forth in sections 57-910 to 57-910.12, and to such further limitations as may be set forth in the plan of unitization and operating plan, the operator of the unit shall have a first and prior lien for costs incurred pursuant to the plan of unitization and operating plan upon each owner's oil and gas rights and his share of unitized production to secure the payment of such owner's proportionate part of the cost of developing and operating the unit area. The lien may be established and enforced in the same manner as is provided by sections 57-801 to 57-820. For such purposes any nonconsenting owner shall be deemed to have contracted with the unit operator for his proportionate part of the cost of developing and operating the unit area.
Source
Laws 1965, c. 343, § 11, p. 980.
Annotations
The possible advantage in delay to nonpooling owners by being carried or otherwise financed may be lessened or offset by allowance of a cost item for risk capital. Ohmart v. Dennis, 188 Neb. 260, 196 N.W.2d 181 (1972).
2023 Nebraska Revised Statutes › Chapter 57 - Minerals, Oil, and Gas › 57-910.11 - Unit or cooperative development; owner of land not subject to lease; obligation to pay share of costs of unit operation; effect.

57-910.11.
Unit or cooperative development; owner of land not subject to lease; obligation to pay share of costs of unit operation; effect.
Notwithstanding any provisions in sections 57-910 to 57-910.12 to the contrary, any person who owns an oil or gas interest within the unit area in a tract which is not subject to an oil and gas lease or similar contract shall be deemed, for purposes of this section, an owner obligated to pay costs of unit operations to the extent of seven-eighths of such interest and shall be deemed a royalty owner to the extent of one-eighth of such interest free from such costs.
Source
Laws 1965, c. 343, § 12, p. 980.
2023 Nebraska Revised Statutes › Chapter 57 - Minerals, Oil, and Gas › 57-910.12 - Unit or cooperative development; certified order of commission; recording; effect as notice.

57-910.12.
Unit or cooperative development; certified order of commission; recording; effect as notice.
A certified copy of any order of the commission entered under any provisions of sections 57-910 to 57-910.12 shall be entitled to be recorded in the office of the register of deeds for the counties where all or any portion of the unit area is located, and such recordation shall constitute notice thereof to all persons.
Source
Laws 1965, c. 343, § 13, p. 981.