reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 10. Oil and Gas -- General Provisions › Part 1. Royalty Interests › 82-10-103. Obligation to pay royalties as essence of contract -- interest

82-10-103. Obligation to pay royalties as essence of contract -- interest.
(1) The obligation arising under an oil and gas lease to pay oil or gas royalties to the royalty owner or the owner's assignee, to deliver oil or gas to a purchaser to the credit of the royalty owner or the owner's assignee, or to pay a portion of the proceeds of the sale of the oil or gas to the royalty owner or the owner's assignee is of the essence in the lease contract.
(2) If the operator under an oil and gas lease fails to pay oil or gas royalties to the royalty owner or the owner's assignee within 120 days after the initial oil or gas produced under the lease is marketed and within 60 days for all oil and 90 days for all gas produced and marketed, the unpaid royalties must bear interest at the maximum rate of interest authorized under 31-1-107 from the date due until paid. The operator may remit semiannually to a person entitled to royalties the aggregate of 6 months' royalties whenever the aggregate amount is less than $50 and annually whenever the aggregate amount is less than $10.
(3) A royalty owner seeking a remedy for failure to make payments under the lease or seeking payments under this section shall bring the action in the district court for the county in which the oil or gas well is located, and that court has jurisdiction over any actions brought under this section. The prevailing party in any proceeding brought under this section is entitled to recover court costs and reasonable attorney fees.
(4) This section does not apply if a royalty owner or the owner's assignee has elected to take the owner's or assignee's proportionate share of production in kind or whenever there is a dispute as to the title of the minerals or entitlement to royalties, the outcome of which would affect distribution of royalty payments.
History: En. Sec. 1, Ch. 500, L. 1983; amd. Sec. 1, Ch. 118, L. 1985; amd. Sec. 2735, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 10. Oil and Gas -- General Provisions › Part 1. Royalty Interests › 82-10-104. Payment of royalties -- form of record required

82-10-104. Payment of royalties -- form of record required.
(1) An oil and gas producer paying royalties by check, draft, or order shall include with every payment a form showing the following matters relating to that payment:
(a) the name of the royalty owner to whom the payment is made;
(b) the date of the check, draft, or order;
(c) any royalty owner identification number used by the producer for the royalty owner;
(d) the time period during which production occurred for which payment is being made;
(e) any number used to identify the lease under which production occurred;
(f) the type of product produced;
(g) barrels of oil and cubic feet of gas for which payment is made;
(h) the amount and type of all taxes withheld;
(i) the net value of production;
(j) the royalty owner's net value; and
(k) contact information for obtaining additional information regarding the payment and answers to questions.
(2) In addition to the information required in subsection (1), an oil and gas producer paying royalties to a royalty owner shall, at the time of payment, specify by line item every charge assessed against the royalty owner.
(3) Any person purposely and knowingly violating the provisions of subsection (1) or (2) is guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than $1,000.
History: En. Sec. 1, Ch. 582, L. 1983; amd. Sec. 1, Ch. 19, L. 2005.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 10. Oil and Gas -- General Provisions › Part 1. Royalty Interests › 82-10-110. Division order -- definition -- effect

82-10-110. Division order -- definition -- effect.
(1) As used in this section, the term "division order" is limited to mean an instrument executed by the lessor of an oil or gas lease to authorize the sale of and direct the distribution of proceeds from the sale of oil, gas, casinghead gas, or other related hydrocarbons.
(2) A division order may not alter or amend the terms of the underlying oil or gas lease. A division order does not relieve a lessee of any liabilities or obligations under the terms of the underlying oil or gas lease.
(3) A division order must be in writing and:
(a) must warrant the division of interest;
(b) must contain the name, address, and tax identification number of each interest owner to whom disbursements are made by the holder of the proceeds from the sale of oil, gas, casinghead gas, or other related hydrocarbons;
(c) must contain a provision requiring notice of change of ownership; and
(d) may contain any other terms that are necessary to facilitate the transaction.
History: En. Sec. 1, Ch. 607, L. 1993.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 10. Oil and Gas -- General Provisions › Part 2. Lease of Local Government Land › 82-10-201. Authorization for lease and terms -- land not subject to leasing

82-10-201. Authorization for lease and terms -- land not subject to leasing.
The governing body of any county, city, town, school district, or incorporated political subdivision within the state of Montana may, if in the best interests of the county, city, town, school district, or incorporated political subdivision, lease any real property owned by the county, city, town, school district, or incorporated political subdivision for oil and gas development purposes. Such leases shall be made upon the best terms obtainable, shall provide for such terms, except as hereinafter provided, as the governing body shall consider to be for the best interests of the county, city, town, school district, or incorporated political subdivision, shall reserve a royalty of not less than 12 1/2% which shall include any royalty payable to any person other than the lessor, and shall be for a period not exceeding 10 years and so long thereafter as oil, gas, or other hydrocarbons shall be produced from the premises embraced in the lease. However, nothing contained herein shall authorize the leasing of lands acquired by a county by tax deed except under the provisions of Title 7, chapter 8, part 25.
History: En. Sec. 1, Ch. 131, L. 1953; R.C.M. 1947, 60-701; amd. Sec. 6, Ch. 201, L. 1979.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 10. Oil and Gas -- General Provisions › Part 2. Lease of Local Government Land › 82-10-202. Acreage pooling

82-10-202. Acreage pooling.
When deemed in the best interests of the county, city, town, school district, or incorporated political subdivision, the governing body may enter into agreements for the pooling of acreage with others for unit operations for the production of oil or gas or both and for the apportionment of oil or gas royalties or both on an acreage or other equitable basis and may modify existing leases and leases hereafter entered into with respect to delay rentals, delay drilling penalties, and royalties in accordance with such pooling agreements and such unit plans of operation; provided, however, that such agreements shall not change the percentages of royalties to be paid to the county, city, town, school district, or incorporated political subdivision from the percentages as fixed in its leases.
History: En. Sec. 2, Ch. 131, L. 1953; R.C.M. 1947, 60-702.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 10. Oil and Gas -- General Provisions › Part 2. Lease of Local Government Land › 82-10-203. Interference with normal use of land prohibited

82-10-203. Interference with normal use of land prohibited.
In the event such real property is held or used for a specific purpose, any lease made under the provisions of this part shall contain such protective provisions as may be necessary to prevent any interference by the lessee with the normal use of such real property for such purpose by the county, city, town, school district, or incorporated political subdivision.
History: En. Sec. 3, Ch. 131, L. 1953; R.C.M. 1947, 60-703.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 10. Oil and Gas -- General Provisions › Part 2. Lease of Local Government Land › 82-10-204. Lease of acquired oil and gas interests

82-10-204. Lease of acquired oil and gas interests.
When in any deed or contract for sale a county has reserved or excepted an interest in oil and gas in and under any land acquired by tax deed, the board of county commissioners may lease such interest for oil and gas development purposes upon the same terms and conditions as are provided for the leasing of lands which have been acquired by tax deed, offered for sale and not sold or may ratify, confirm, and adopt any then-existing mineral or oil and gas lease insofar as it describes such land. All such leases, ratifications, confirmations, and adoptions heretofore executed by the board of county commissioners are declared to be valid and are ratified, approved, and confirmed.
History: En. Sec. 1, Ch. 155, L. 1957; R.C.M. 1947, 60-704.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 10. Oil and Gas -- General Provisions › Part 3. Underground Gas Storage Reservoirs › 82-10-301. Definitions

82-10-301. Definitions.
Unless the context requires otherwise, in this part the following definitions apply:
(1) "Board" means the board of oil and gas conservation provided for in 2-15-3303.
(2) "Native gas" means gas which has not been previously withdrawn from the earth.
(3) "Natural gas" means gas either while in its original state or after the same has been processed by removal therefrom of component parts not essential to its use for light and fuel.
(4) "Natural gas public utility" means any person, firm, or corporation authorized to do business in this state and engaged in the business of transporting or distributing natural gas by means of pipelines into, within, or through this state for ultimate public use.
(5) "Underground reservoir" means any subsurface sand, stratum, or formation of the earth suitable for the injection and storage of natural gas therein and the withdrawal of natural gas therefrom.
(6) "Underground storage" means the process of injecting and storing of natural gas within and withdrawing of natural gas from an underground reservoir.
History: En. Sec. 1, Ch. 259, L. 1955; amd. Sec. 83, Ch. 253, L. 1974; R.C.M. 1947, 60-801.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 10. Oil and Gas -- General Provisions › Part 3. Underground Gas Storage Reservoirs › 82-10-302. Policy

82-10-302. Policy.
(1) The underground storage of natural gas which promotes conservation thereof, which permits the building of reserves for orderly withdrawal in periods of peak demand, which makes more readily available natural gas to the domestic, commercial, and industrial consumers of this state, or which provides a better year-round market to the various gas fields serves the public interest and welfare of this state.
(2) Therefore, in the manner hereinafter provided, the board and the court may find and determine that the underground storage of natural gas as hereinbefore defined is in the public interest.
History: En. Sec. 2, Ch. 259, L. 1955; amd. Sec. 84, Ch. 253, L. 1974; R.C.M. 1947, 60-802.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 10. Oil and Gas -- General Provisions › Part 3. Underground Gas Storage Reservoirs › 82-10-304. Certificate of board required prior to use of eminent domain

82-10-304. Certificate of board required prior to use of eminent domain.
(1) A natural gas public utility desiring to exercise the right of eminent domain pursuant to Title 70, chapter 30, and this chapter for taking property to use for underground storage of natural gas shall, as a condition precedent to the filing of its complaint in the district court, apply for and obtain a certificate from the board. The certificate must contain the following findings of the board:
(a) that the underground sand, stratum, or formation sought to be taken is suitable for an underground reservoir for the storage of natural gas and that its use for that purpose is in the public interest;
(b) the amount of native gas, if any, remaining in the reservoir and the portion of gas recoverable; and
(c) that the applicant has in good faith sought to acquire the rights sought under this part.
(2) The board may not issue the certificate until after a public hearing is held on the application, pursuant to notice given to all persons known to have an interest in the property proposed to be acquired in the manner provided by the laws of the state for service of process in a civil action.
History: En. Sec. 4, Ch. 259, L. 1955; amd. Sec. 86, Ch. 253, L. 1974; R.C.M. 1947, 60-804; amd. Sec. 101, Ch. 125, L. 2001.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 10. Oil and Gas -- General Provisions › Part 3. Underground Gas Storage Reservoirs › 82-10-305. Proceedings

82-10-305. Proceedings.
After obtaining a certificate from the board, a natural gas public utility desiring to exercise the right of eminent domain for the purpose of acquiring property for the underground storage of natural gas shall proceed as provided in this section. The natural gas public utility shall present to the district court of the county in which the land is situated a complaint setting forth the purpose for which the property is sought to be taken, a description of the property sought to be taken, and the names of the owners of the property as shown by the records of the county. The utility shall file the certificate of the board as a part of its complaint, and an order by the court granting the complaint may not be entered without the certificate being filed with the complaint. Subsequent proceedings must follow the procedure provided by Title 70, chapter 30.
History: En. Sec. 5, Ch. 259, L. 1955; amd. Sec. 87, Ch. 253, L. 1974; R.C.M. 1947, 60-805; amd. Sec. 102, Ch. 125, L. 2001.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 10. Oil and Gas -- General Provisions › Part 4. Abandoned Oil and Gas Wells -- Reclamation › 82-10-401. Notice required before abandonment of well -- owner's option

82-10-401. Notice required before abandonment of well -- owner's option.
A person may not plug and abandon an oil or gas well located within this state without first giving reasonable notice of the intention to do so to the surface owner of record of the land on which the well is located. Upon receipt of notice to plug and abandon, the surface owner may, by written notice given within 15 days after notice, direct that the well pipe for the well must be buried to a depth of not less than 3 feet. The board of oil and gas conservation shall adopt regulations to implement this section.
History: En. 60-901 by Sec. 1, Ch. 161, L. 1974; R.C.M. 1974, 60-901; amd. Sec. 2736, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 10. Oil and Gas -- General Provisions › Part 5. Surface Owner Damage and Disruption Compensation › 82-10-501. Purpose -- legislative findings

82-10-501. Purpose -- legislative findings.
(1) The purpose of this part is to provide for the protection of surface owners of land underlaid with oil and gas reserves while allowing for the necessary development of those reserves.
(2) To carry out the purpose described in subsection (1), the legislature finds that:
(a) it is necessary to protect the economic well-being of individuals engaged in agricultural production;
(b) exploration for and development of oil and gas reserves in this state, while necessary, interferes with the use, agricultural or otherwise, of the surface of certain land; and
(c) owners of the surface estate should be justly compensated for use of their property and interference with the use of their property due to oil and gas development.
History: En. Sec. 1, Ch. 199, L. 1981.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 10. Oil and Gas -- General Provisions › Part 5. Surface Owner Damage and Disruption Compensation › 82-10-502. Definitions

82-10-502. Definitions.
As used in this part, the following definitions apply:
(1) "Agricultural production" means the production of any growing grass, crops, or trees attached to the surface of the land or farm animals with commercial value.
(2) "Lost land value" means the value of the highest and best reasonably available use of the land directly utilized by oil and gas operations and production, other than uses appurtenant to the mineral estate.
(3) "Oil and gas developer or operator" means the person who acquires the oil and gas lease for the purpose of extracting oil and gas.
(4) "Oil and gas estate" means an estate in or ownership of all or part of the oil and gas underlying a specified tract of land.
(5) "Oil and gas operations" means the exploration for or drilling of an oil and gas well that requires entry upon the surface estate and is begun subsequent to June 1, 1981, and the production operations directly related to the exploration or drilling.
(6) "Reasonably available use" means the present use or a future use for which a permit, if necessary, has been issued under applicable law.
(7) "Surface owner" means the person who holds record title to or has a purchaser's interest in the surface of the land.
History: En. Sec. 2, Ch. 199, L. 1981; amd. Sec. 1, Ch. 345, L. 2013.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 10. Oil and Gas -- General Provisions › Part 5. Surface Owner Damage and Disruption Compensation › 82-10-503. Notice of drilling operations

82-10-503. Notice of drilling operations.
(1) In addition to the requirements for geophysical exploration activities governed by Title 82, chapter 1, part 1, the oil and gas developer or operator shall give the surface owner and any purchaser under contract for deed written notice of the drilling operations that the oil and gas developer or operator plans to undertake. The notice must be given to the record surface owner and any purchaser under contract for deed at their addresses as shown by the records of the county clerk and recorder at the time the notice is given. The notice must include a copy of this part and, if available, a current publication produced by the environmental quality council entitled "A Guide to Split Estates in Oil and Gas Development". The notice must sufficiently disclose the plan of work and operations to enable the surface owner to evaluate the effect of drilling operations on the surface owner's use of the property. The notice must be given no more than 180 days and no fewer than 20 days before any activity that disturbs the land surface. The surface owner may waive the notice requirement.
(2) The surface owner is responsible for providing the name and address of the oil and gas developer or operator to any lessees, tenants, or other parties responsible for surface operations on the property.
(3) Prior to the oil and gas developer or operator providing the notice required in subsection (1), a person qualified under 70-16-111 may enter the land to investigate and use boundary evidence and perform boundary, well site location, and access road surveys if the notice requirements of 70-16-111 are met. However, the oil and gas developer or operator shall provide the notice required pursuant to subsection (1) prior to any activity that disturbs the land surface.
History: En. Sec. 3, Ch. 199, L. 1981; amd. Sec. 27, Ch. 526, L. 1983; amd. Sec. 1, Ch. 497, L. 1985; amd. Sec. 2, Ch. 57, L. 2007.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 10. Oil and Gas -- General Provisions › Part 5. Surface Owner Damage and Disruption Compensation › 82-10-504. Surface damage and disruption payments -- dispute resolution -- penalty for late payment

82-10-504. Surface damage and disruption payments -- dispute resolution -- penalty for late payment.
(1) (a) The surface owner and the oil and gas developer or operator shall attempt to negotiate in good faith an agreement on damages. The oil and gas developer or operator shall pay the surface owner a sum of money or other compensation equal to the amount of damages sustained by the surface owner for loss of agricultural production and income, lost land value, and lost value of improvements caused by oil and gas operations.
(b) The amount of damages may be determined by any formula mutually agreeable between the surface owner and the oil and gas developer or operator. When determining damages, consideration must be given to the period of time during which the loss occurs.
(c) At any time during the negotiation, at the request of either party and upon mutual agreement, the surface owner and the oil and gas developer or operator may enter into a dispute resolution process, including mediation.
(d) The surface owner may elect to receive annual damage payments over a period of time, except that the surface owner must be compensated by a single sum payment for harm caused by exploration only.
(e) The payments under this subsection (1) may cover only land directly affected by oil and gas operations and production. Payments under this subsection (1) are intended to compensate the surface owner for damage and disruption. A person may not reserve or assign damage and disruption compensation apart from the surface estate except to a tenant of the surface estate.
(2) An oil and gas developer or operator who fails to timely pay an installment under any annual damage agreement negotiated with a surface owner is liable for payment to the surface owner of twice the amount of the unpaid installment if the installment payment is not paid within 60 days of receipt of notice of failure to pay from the surface owner.
History: En. Sec. 4, Ch. 199, L. 1981; amd. Sec. 2, Ch. 497, L. 1985; (2)En. Sec. 3, Ch. 497, L. 1985; amd. Sec. 3, Ch. 57, L. 2007; amd. Sec. 2, Ch. 345, L. 2013.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 10. Oil and Gas -- General Provisions › Part 5. Surface Owner Damage and Disruption Compensation › 82-10-505. Liability for damages to property

82-10-505. Liability for damages to property.
The oil and gas developer or operator is responsible for all damages to real or personal property resulting from the lack of ordinary care by the oil and gas developer or operator. The oil and gas developer or operator is responsible for damages to real or personal property caused by oil and gas operations and production.
History: En. Sec. 5, Ch. 199, L. 1981; amd. Sec. 4, Ch. 57, L. 2007.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 10. Oil and Gas -- General Provisions › Part 5. Surface Owner Damage and Disruption Compensation › 82-10-506. Notification of injury

82-10-506. Notification of injury.
To receive compensation under this part, a surface owner shall give written notice to the oil and gas developer or operator of the damages sustained by the surface owner within 2 years after the injury occurs or would become apparent to a reasonable person.
History: En. Sec. 6, Ch. 199, L. 1981; amd. Sec. 2738, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 10. Oil and Gas -- General Provisions › Part 5. Surface Owner Damage and Disruption Compensation › 82-10-507. Agreement -- offer of settlement

82-10-507. Agreement -- offer of settlement.
Unless both parties provide otherwise by written agreement, within 60 days after the oil and gas developer or operator receives notice of damages pursuant to 82-10-506, the developer or operator shall make a written offer of settlement to the person seeking compensation for the damages. The surface owner seeking compensation may accept or reject any offer.
History: En. Sec. 7, Ch. 199, L. 1981; amd. Sec. 2739, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 10. Oil and Gas -- General Provisions › Part 5. Surface Owner Damage and Disruption Compensation › 82-10-508. Rejection -- legal action

82-10-508. Rejection -- legal action.
If the person seeking compensation receives a written rejection, rejects the offer of the oil and gas developer or operator, or receives no reply, that person may bring an action for compensation in the district court of the county in which the damage was sustained.
History: En. Sec. 8, Ch. 199, L. 1981.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 10. Oil and Gas -- General Provisions › Part 5. Surface Owner Damage and Disruption Compensation › 82-10-510. Penalty for notice violation

82-10-510. Penalty for notice violation.
Failure to comply with the notice requirements of 82-10-503 subjects the oil and gas developer or operator to the provisions of 82-11-122 and 82-11-147 through 82-11-149.
History: En. Sec. 5, Ch. 57, L. 2007.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 10. Oil and Gas -- General Provisions › Part 5. Surface Owner Damage and Disruption Compensation › 82-10-511. Remedies cumulative

82-10-511. Remedies cumulative.
The remedies provided by this part do not preclude any person from seeking other remedies allowed by law.
History: En. Sec. 9, Ch. 199, L. 1981.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 10. Oil and Gas -- General Provisions › Part 6. Disclosure of Fracturing Fluids › 82-10-601. Legislative findings -- purpose

82-10-601. Legislative findings -- purpose.
The purpose of this part is to provide a fair process for disclosure of fracturing fluids to facilitate transparency, while protecting valuable trade secrets and allowing well owners, operators, and service companies to protect their right to obtain an advantage over competitors.
History: En. Sec. 1, Ch. 316, L. 2017.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 10. Oil and Gas -- General Provisions › Part 6. Disclosure of Fracturing Fluids › 82-10-602. Definitions

82-10-602. Definitions.
For the purposes of this part, the following definitions apply:
(1) "Administrator" means the administrator of the division of oil and gas conservation.
(2) "Fracturing" means the introduction of fluid that may carry in suspension a propping agent under pressure into a formation containing oil or gas for the purpose of creating cracks in the formation to serve as channels for fluids to move to or from the well bore.
(3) "Systems approach" means the reporting of the identity of chemicals separately from the additive products they go into or the reporting of fracturing chemicals without attribution to the specific products in the fracturing fluid.
History: En. Sec. 2(4), Ch. 316, L. 2017.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 10. Oil and Gas -- General Provisions › Part 6. Disclosure of Fracturing Fluids › 82-10-603. Fracturing fluid disclosure -- requirements

82-10-603. Fracturing fluid disclosure -- requirements.
(1) The board of oil and gas conservation shall require the disclosure of fracturing fluids in accordance with 82-10-604 and this section.
(2) The fracturing fluid disclosure required by subsection (1) must include:
(a) except as provided in 82-10-604, the chemical compound name and the chemical abstracts service registry number of the ingredients, including any hazardous component listed on a material safety data sheet as defined in 50-78-102, the product name, and the type of additives used; and
(b) the proposed rate or concentration for each ingredient or additive, which may be expressed as percent by weight, percent by volume, parts per million, or parts per billion.
(3) Except as provided in 82-10-604(4)(b), the administrator shall post the information submitted pursuant to subsection (2) to the board of oil and gas conservation's website or to a website established for education and disclosure of fracturing fluids hosted by a nonprofit organization dedicated to ground water protection with members consisting of state ground water regulatory agencies, the interstate oil and gas compact commission, or both or their successors.
History: En. Sec. 2(1)-(3), Ch. 316, L. 2017.
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 › 82-11-102. Oil or gas wells not public utilities

82-11-102. Oil or gas wells not public utilities.
Nothing in this chapter shall in any manner be construed as constituting or attempting to constitute oil or gas wells as a public utility or utilities.
History: En. Sec. 20, Ch. 238, L. 1953; amd. Sec. 79, Ch. 253, L. 1974; R.C.M. 1947, 60-143.
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 › 82-11-103. Lands subject to law

82-11-103. Lands subject to law.
This chapter applies to all lands in the state lawfully subject to its police powers, including all state-owned lands. It applies to lands of the United States or to lands subject to the jurisdiction of the United States only to the extent that control and supervision of conservation of oil and gas by the United States on its lands fails to effect the intent and purposes of this chapter and otherwise applies to those lands to the extent that any officer of the United States having jurisdiction or the officer's duly authorized representative approves any of the provisions of this chapter or an order of the board that affects those lands. This chapter also applies to any lands committed to a unit agreement approved by the secretary of the interior or the secretary's duly authorized representative, except that the board may, with respect to those unit agreements, suspend the application of this chapter or any part of this chapter so long as the conservation of oil and gas and the prevention of waste as provided in this chapter is accomplished under the unit agreements. The suspension does not relieve an operator or owner from making reports that may be required by the board with respect to operations and production under the unit agreement, and the suspension does not relieve an operator or owner from the payment of taxes on oil and gas production or payment for permit fees as required by this chapter.
History: En. Sec. 17, Ch. 238, L. 1953; amd. Sec. 76, Ch. 253, L. 1974; R.C.M. 1947, 60-140; amd. Sec. 2, Ch. 734, L. 1991; amd. Sec. 2740, 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 › 82-11-104. Construction -- no conflict with board of land commissioners' authority

82-11-104. (Temporary) Construction -- no conflict with board of land commissioners' authority.
No provision of this chapter may be construed to conflict with 77-3-430, granting the board of land commissioners the authority to enter into pooling and unitization agreements for the production of oil or gas with others, provided that state lands are subject to the provisions of this chapter concerning spacing and statutory pooling and unitization in the absence of voluntary pooling and unitization agreements.
82-11-104. (Effective on occurrence of contingency) Construction -- no conflict with board of land commissioners' authority.
This chapter may not be construed to conflict with 77-3-430, granting the board of land commissioners the authority to enter into pooling and unitization agreements for the storage of carbon dioxide in a geologic storage reservoir or the production of oil or gas with others, provided that state lands are subject to the provisions of this chapter concerning spacing and statutory pooling and unitization in the absence of voluntary pooling and unitization agreements.
History: En. Sec. 3, Ch. 238, L. 1953; amd. Sec. 55, Ch. 253, L. 1974; amd. Sec. 1, Ch. 336, L. 1977; R.C.M. 1947, 60-126(part); amd. Sec. 3, Ch. 734, L. 1991; amd. Sec. 13, 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 › 82-11-110. Oil and gas education and research account

82-11-110. Oil and gas education and research account.
There is an oil and gas education and research account within the state special revenue fund established in 17-2-102. Interest or other income earned on money in the oil and gas education and research account accrues to that account.
History: En. Sec. 2, Ch. 329, 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 › 82-11-112. Intergovernmental cooperation

82-11-112. Intergovernmental cooperation.
Subject to the provisions of 76-2-109, the board may cooperate with any other state, interstate, or federal agency and other governmental agencies of the state to effect the objects and purposes of this chapter and expend funds reasonably necessary.
History: En. Sec. 18, Ch. 238, L. 1953; amd. Sec. 77, Ch. 253, L. 1974; R.C.M. 1947, 60-141; amd. Sec. 2, Ch. 526, L. 2021; amd. Sec. 3, Ch. 533, L. 2021.
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 › 82-11-113. Repealed

82-11-113. Repealed.
Sec. 8, Ch. 34, L. 1997.
History: En. Sec. 2, Ch. 19, L. 1979.
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 › 82-11-114. Repealed

82-11-114. Repealed.
Sec. 8, Ch. 34, L. 1997.
History: En. Sec. 3, Ch. 19, L. 1979.
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 › 82-11-115. Repealed

82-11-115. Repealed.
Sec. 8, Ch. 34, L. 1997.
History: En. Sec. 4, Ch. 19, L. 1979.
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 › 82-11-116. Repealed

82-11-116. Repealed.
Sec. 8, Ch. 34, L. 1997.
History: En. Sec. 5, Ch. 19, L. 1979.
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 › 82-11-117. Confidentiality of records

82-11-117. Confidentiality of records.
(1) Except as provided in subsection (4), any information that is furnished to the board or the board's staff or that is obtained by either of them is a matter of public record and open to public use. Except as provided in subsection (4), information unique to the owner or operator that would, if disclosed, reveal methods or processes entitled to protection as trade secrets must be maintained as confidential if so determined by the board.
(2) If an owner, operator, or service company disagrees with a determination by the board in accordance with this section or by the administrator in accordance with Title 82, chapter 10, part 6, that certain material will not be maintained as confidential, the owner, operator, or service company may file a declaratory judgment action in a court of competent jurisdiction to establish the existence of a trade secret if the owner, operator, or service company wishes the information to enjoy confidential status. The board must be served in the action and may intervene as a party. Information submitted to the board or administrator by an owner, operator, or service company and contested in accordance with this subsection may only be publicly disclosed after a determination is made by a court of competent jurisdiction.
(3) Any information not intended to be public when submitted to the board or the board's staff must be submitted in writing and clearly marked as confidential.
(4) Information submitted in accordance with 82-10-603 must be treated in accordance with Title 82, chapter 10, part 6.
(5) Data describing physical and chemical characteristics of a liquid, gaseous, solid, or other substance injected or discharged into state waters under this chapter or Title 82, chapter 10, part 6, may not be considered confidential.
(6) The board may use any information in compiling or publishing analyses or summaries relating to water pollution if the analyses or summaries do not identify the owner or operator or reveal any information that is otherwise made confidential by this section.
History: En. Sec. 3, Ch. 503, L. 1987; amd. Sec. 2741, Ch. 56, L. 2009; amd. Sec. 5, Ch. 316, L. 2017.
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 › 82-11-118. Fees for processing applications

82-11-118. (Temporary) Fees for processing applications.
(1) The board shall establish a fee schedule to defray the expenses incurred for processing an application from an operator or producer of oil seeking approval of a new or expanded enhanced recovery project, as defined in 15-36-303. The fee must be paid by the owner or operator seeking approval of the project.
(2) The board shall, by rule, determine the amount of the fee based on the complexity of processing the application.
82-11-118. (Effective on occurrence of contingency) Fees for processing applications.
(1) The board shall establish a fee schedule to defray the expenses incurred for processing an application from a geologic storage operator or an operator or producer of oil seeking approval of a new or expanded enhanced recovery project, as defined in 15-36-303. The fee must be paid by the owner, geologic storage operator, or operator seeking approval of the project.
(2) The board shall, by rule, determine the amount of the fee based on the complexity of processing the application.
History: En. Sec. 20, Ch. 9, Sp. L. November 1993; amd. Sec. 47, Ch. 451, L. 1995; amd. Sec. 15, 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 › 82-11-121. Oil and gas waste prohibited

82-11-121. Oil and gas waste prohibited.
Waste of oil and gas or either of them as waste is defined in this chapter is prohibited.
History: En. Sec. 1, Ch. 238, L. 1953; Sec. 60-124, R.C.M. 1947; amd. and redes. 60-127.1 by Sec. 54, Ch. 253, L. 1974; R.C.M. 1947, 60-127.1.
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 › 82-11-122. Notice of intention to drill or conduct seismic operations -- notice to surface owner

82-11-122. (Temporary) Notice of intention to drill or conduct seismic operations -- notice to surface owner.
It is unlawful to commence the drilling of a well for oil or gas without first filing with the board written notice of intention to drill and obtaining a drilling permit as provided in 82-11-134. After the permit is issued, an oil and gas developer or operator as defined under 82-10-502 shall comply with the notice requirements of 82-10-503 before commencing drilling operations. It is unlawful to conduct seismic explorations without first giving the board a copy of the notice of intention to explore filed with the county under 82-1-103.
82-11-122. (Effective on occurrence of contingency) Notice of intention to drill or conduct seismic operations -- notice to surface owner.
(1) It is unlawful to commence the drilling of a well for oil or gas without first filing with the board written notice of intention to drill and obtaining a drilling permit as provided in 82-11-134. After the permit is issued, an oil and gas developer or operator as defined under 82-10-502 shall comply with the notice requirements of 82-10-503 before commencing drilling operations. It is unlawful to conduct seismic explorations without first giving the board a copy of the notice of intention to explore filed with the county under 82-1-103.
(2) It is unlawful to commence the drilling of a carbon dioxide injection well without first filing with the board written notice of intention to drill and obtaining a drilling permit. Prior to issuing the permit, the board shall provide notice of an application for a permit. The notice must be:
(a) published in a newspaper of general circulation in each county where the carbon dioxide injection well and geologic storage reservoir is located; and
(b) mailed to all surface owners, mineral claimants, mineral owners, lessees, and other owners of record of subsurface interests that are located within 1 mile of the proposed boundary of the geologic storage reservoir.
History: En. Sec. 5, Ch. 238, L. 1953; amd. Sec. 57, Ch. 253, L. 1974; amd. Sec. 2, Ch. 260, L. 1974; R.C.M. 1947, 60-128; amd. Sec. 5, Ch. 339, L. 1985; amd. Sec. 4, Ch. 497, L. 1985; amd. Sec. 16, 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 › 82-11-124. Requirements relating to waste prevention

82-11-124. Requirements relating to waste prevention.
Subject to the administrative control of the department under 2-15-121, the board shall, for the purpose of preventing waste:
(1) regulate the drilling, producing, and plugging of wells, the shooting and chemical treatment of wells, the spacing of wells, operations voluntarily entered into to increase ultimate recovery such as cycling of gas, the maintenance of pressure, and the introduction of gas, water, or other substances into producing formations; and
(2) fix, upon application made by any interested person after hearing, efficient gas-oil and water-oil ratios for any particular well or wells.
History: En. Sec. 4, Ch. 238, L. 1953; amd. Sec. 16, Ch. 93, L. 1969; amd. Sec. 56, Ch. 253, L. 1974; amd. Sec. 1, Ch. 260, L. 1974; amd. Sec. 1, Ch. 222, L. 1975; R.C.M. 1947, 60-127(part).
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 › 82-11-125. Availability of cores or chips, cuttings, and bottom-hole temperatures to board

82-11-125. Availability of cores or chips, cuttings, and bottom-hole temperatures to board.
(1) An owner drilling a well for gas or oil shall make available to the board at its field offices representative cores or chips, when available, the cuttings from the well, and the bottom-hole temperatures of the wells, in order to facilitate the discovery of geothermal potential. However, cores, chips, or cuttings need not be so made available for a period of 6 months following completion or abandonment of the wells. The board may, however, relieve the owner of a well of the obligation to furnish cores, chips, or cuttings when, in the opinion of the board, the furnishing thereof would be unduly burdensome for the owner; however, the owner desiring relief must apply to and receive permission from the board to not so furnish.
(2) The owner of a stratigraphic test well drilled for the purpose of obtaining lithologic information useful in potential oil and gas operations, as such well is defined by the board's rules, shall within 3 years from the date of the cessation of the drilling of the well make available to the board complete sets of sample cuttings and representative cores or chips and well logs of the wells, which logs shall include among other information the size of casing used, the type and depth of water if any located, and bottom-hole temperatures for geothermal purposes. The board shall require and the owner of a stratigraphic test well shall furnish, prior to the commencement of drilling of the well, a good and sufficient surety bond, to be approved prior to the commencement of the drilling, conditioned upon the proper plugging of the well prior to abandonment, the amount of the bond to be determined by the estimated depth as in the board's rules provided for oil and gas wells; prior to abandonment, the wells shall be plugged by the owner thereof or by the surety should the owner be in default, the plugging to conform to the standards set down and determined by the board.
History: En. Sec. 21, Ch. 238, L. 1953; amd. Sec. 1, Ch. 224, L. 1955; amd. Sec. 1, Ch. 234, L. 1959; amd. Sec. 1, Ch. 208, L. 1973; amd. Sec. 80, Ch. 253, L. 1974; amd. Sec. 2, Ch. 222, L. 1975; R.C.M. 1947, 60-144; amd. Sec. 1, Ch. 248, L. 1983.
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 › 82-11-126. Availability of facilities to bureau of mines

82-11-126. Availability of facilities to bureau of mines.
The board may make available to the authorized personnel or representatives of the bureau of mines and geology such facilities, equipment, records, and cores and cuttings or samples of cores and cuttings as are or may be required by the bureau in the furtherance of its oil and gas research and study. Bottom-hole temperatures of oil and gas wells shall be made available to the bureau of mines and geology by the board in order to facilitate the determination of possible geothermal energy sources.
History: En. Sec. 3, Ch. 32, L. 1957; amd. Sec. 82, Ch. 253, L. 1974; amd. Sec. 3, Ch. 222, L. 1975; R.C.M. 1947, 60-148.
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 › 82-11-131. Privilege and license tax

82-11-131. Privilege and license tax.
(1) For the purpose of providing funds for defraying the expenses of the operation and enforcement of this chapter and expenses of the board, an operator or producer of oil and gas shall pay an assessment of 0.3% of the market value of each barrel of crude petroleum produced, saved and marketed, or stored within the state or exported from the state and the same rate on the market value of each 10,000 cubic feet of natural gas produced, saved and marketed, or stored within the state or exported from the state.
(2) The board shall, by rule adopted pursuant to the provisions of the Montana Administrative Procedure Act, fix a percentage of the assessment and may from time to time reduce or increase the percentage of the assessment as the expenses chargeable against the oil and gas conservation fund may require.
(3) The board shall give the department of revenue at least 90 days' notice of any change in the percentage of the rate adopted pursuant to this section.
(4) For the purposes of this section, the provisions of Title 15, chapter 36, part 3, apply to the privilege and license tax assessment.
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(1) thru (3); amd. Sec. 7, Ch. 201, L. 1979; amd. Sec. 5, Ch. 93, L. 1983; amd. Sec. 144, Ch. 370, L. 1987; amd. Secs. 1, 2, Ch. 573, L. 1995; amd. Sec. 4, 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 › 82-11-132. Repealed

82-11-132. Repealed.
Sec. 50, Ch. 451, L. 1995.
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(5); amd. Sec. 6, Ch. 93, L. 1983; amd. Sec. 2, Ch. 265, 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 › 82-11-133. Repealed

82-11-133. Repealed.
Sec. 50, Ch. 451, L. 1995.
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(6); amd. Sec. 7, Ch. 93, L. 1983.