reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 06D - Uranium Exploration › Section 45-6D-48 - Renewal of permit--Operation continued under original permit--Implementation of nonapproved modification ground for revocation or denial of permit.

45-6D-48. Renewal of permit--Operation continued under original permit--Implementation of nonapproved modification ground for revocation or denial of permit.
Pending the final determination on a renewal application, the operator may continue the uranium exploration operation under the terms and conditions of the original permit. If the proposed modifications are not approved by the Board of Minerals and Environment, the board shall automatically renew the original permit as originally issued, except as provided in §45-6D-50. Implementation of a nonapproved modification proposed in the renewal application is sufficient justification for the board to revoke any existing permits of the operator and deny the renewal application.
Source:
SL 1982, ch 307, §48.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 06D - Uranium Exploration › Section 45-6D-49 - Renewal of permit--Grounds for denial of modifications.

45-6D-49. Renewal of permit--Grounds for denial of modifications.
Modifications contained in the renewal application may be denied on the basis of the grounds provided in §45-6D-29.
Source:
SL 1982, ch 307, §49.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 06D - Uranium Exploration › Section 45-6D-50 - Renewal of permit--Grounds for denial.

45-6D-50. Renewal of permit--Grounds for denial.
The Board of Minerals and Environment shall renew an exploration operation permit if the application complies with the requirements of this chapter. The board may not deny a permit renewal except for one or more of the following reasons:
(1)The renewal application is incomplete or the surety has not been posted;
(2)The operator has not paid the required renewal fee;
(3)The operator has not complied with the terms and conditions of the original exploration operation permit;
(4)The operator has failed to provide the reports required by §45-6D-39.
Source:
SL 1982, ch 307, §50.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 06D - Uranium Exploration › Section 45-6D-51 - Violation--Notice to operator.

45-6D-51. Violation--Notice to operator.
If the secretary of agriculture and natural resources has reason to believe that a violation of an order, permit, notice of intent, or rule issued under the authority of this chapter has occurred, written notice shall be given to the operator of the alleged violation. The notice shall be served personally or by registered mail upon the alleged violator or his agent for service of process. The notice shall state the provision alleged to be violated and the facts alleged to constitute the violation and shall recommend possible corrective action.
Source: SL 1982, ch 307, §51; SL 1991, ch 17 (Ex. Ord. 91-4), §21; SL 1993, ch 256, §43; SL 2021, ch 1 (Ex. Ord.
21-3
), § 53, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 06D - Uranium Exploration › Section 45-6D-52 - Violation--Cease and desist order.

45-6D-52. Violation--Cease and desist order.
If the secretary of agriculture and natural resources determines that any violation of any provisions of this chapter or of any notice, permit, or rule issued or promulgated under authority of this chapter exists, the board, not less than forty-eight hours after service of the notice required by §45-6D-51, may issue a cease and desist order. The order shall set forth the provisions alleged to be violated, the facts alleged to constitute the violation, and the time by which the acts or practices complained of shall be terminated and shall recommend possible corrective action. The order shall be served personally or by registered mail upon the alleged violator or the alleged violator's agent for service of process.
Source: SL 1982, ch 307, §52; SL 1991, ch 17 (Ex. Ord. 91-4), §21; SL 1993, ch 256, §44; SL 2011, ch 165, §221; SL 2021, ch 1 (Ex. Ord.
21-3
), § 53, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 06D - Uranium Exploration › Section 45-6D-53 - Violation--Hearing.

45-6D-53. Violation--Hearing.
The Board of Minerals and Environment may require the alleged violator to appear before the board no sooner than twenty days after the issuance of such cease and desist order; except that an earlier date for hearing may be requested by the alleged violator. If a hearing is held pursuant to the provisions of this section, it shall be open to the public and conducted in accordance with the provisions of chapter 1-26. The board shall permit all parties to respond to the notice served, to present evidence and arguments on all issues, and to conduct cross-examination required for a full disclosure of the facts.
Source:
SL 1982, ch 307, §53.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 06D - Uranium Exploration › Section 45-6D-54 - Violation--Modification, suspension, or revocation of permit.

45-6D-54. Violation--Modification, suspension, or revocation of permit.
Upon a determination, after hearing, that a violation of a permit provision has occurred, the Board of Minerals and Environment may modify, suspend, or revoke the pertinent permit. If the board suspends or revokes the permit of an operator, the operator may continue the uranium exploration operation only for the purpose of bringing the uranium exploration operation into satisfactory compliance with the provisions of the operator's permit. Once such operations are completed to the satisfaction of the board, the board shall reinstate the permit of the operator.
Source:
SL 1982, ch 307, §54.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 06D - Uranium Exploration › Section 45-6D-55 - Violation--Action for temporary restraining order or injunction.

45-6D-55. Violation--Action for temporary restraining order or injunction.
The Board of Minerals and Environment may request the attorney general to bring suit for a temporary restraining order, a preliminary injunction or a permanent injunction to prevent any further or continued violation of this chapter. Any suit under this section shall be brought in the circuit court for the county where the alleged violation occurs.
Source:
SL 1982, ch 307, §55.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 06D - Uranium Exploration › Section 45-6D-56 - Violation--Forfeiture of surety--Proceedings by attorney general.

45-6D-56. Violation--Forfeiture of surety--Proceedings by attorney general.
The attorney general, upon request of the Board of Minerals and Environment, shall institute proceedings to have the surety of the operator forfeited for violation by the operator of an order entered pursuant to §45-6D-51. Before making such request of the attorney general, the board shall notify the operator in writing of the alleged violation of or noncompliance with such order and shall afford the operator the right to appear before the board at a hearing to be held not less than thirty days after the receipt of such notice by the operator. At the hearing the operator may present for the consideration of the board statements, documents, and other information with respect to the alleged violation. After the conclusion of the hearings, the board shall either withdraw the notice of violation or shall request the attorney general to institute proceedings to have the surety of the operator forfeited as to the land involved. A corporate surety shall have the option to reclaim the lands in question, plug the appropriate test holes, or forfeit the bond penalty.
Source:
SL 1982, ch 307, §56.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 06D - Uranium Exploration › Section 45-6D-57 - Violation--Forfeiture of surety--Reclamation of land by board.

45-6D-57. Violation--Forfeiture of surety--Reclamation of land by board.
The Board of Minerals and Environment shall plug and reclaim, in accordance with the provisions of this chapter, any affected land with respect to which a surety has been forfeited.
Source:
SL 1982, ch 307, §57.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 06D - Uranium Exploration › Section 45-6D-58 - Fees deposited in environment and natural resources fee fund--Proceeds of forfeiture of surety deposited in special revenue fund.

45-6D-58. Fees deposited in environment and natural resources fee fund--Proceeds of forfeiture of surety deposited in special revenue fund.
All application fees and renewal fees received by the Board of Minerals and Environment shall be deposited by the board in the environment and natural resources fee fund established pursuant to §1-41-23. The proceeds of any surety forfeiture proceedings conducted pursuant to §45-6D-55 shall be deposited with the state treasurer in a special revenue fund for reclamation purposes. The special revenue fund is continuously appropriated to the board for the reclamation of affected lands which were obligated to be reclaimed under the permits upon which such surety has been forfeited. The proceeds of any surety remaining after completion of reclamation according to the approved plan shall be returned to the operator or the surety company, whichever is appropriate.
Source:
SL 1982, ch 307, §58; SL 1994, ch 23, §8; SL 2021, ch 1 (Ex. Ord. 21-3), §§14, 53, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 06D - Uranium Exploration › Section 45-6D-59 - Operator currently in violation--Issuance of permit prohibited.

45-6D-59. Operator currently in violation--Issuance of permit prohibited.
No permit of new uranium exploration operations or renewal of an existing uranium exploration operation permit may be granted to any operator who is currently found to be in violation of the provisions of this chapter with respect to any uranium exploration operation in this state.
Source:
SL 1982, ch 307, §59.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 06D - Uranium Exploration › Section 45-6D-60 - Violation of permit--Civil penalty--Liability for damages to environment.

45-6D-60. Violation of permit--Civil penalty--Liability for damages to environment.
Any person who violates any provision of any permit issued under this chapter is subject to a civil penalty of not less than one hundred dollars per day nor more than one thousand dollars per day for each day which such violation occurs, is liable for damages to the environment of this state, or both. This penalty may be in addition to any other penalties authorized.
Source:
SL 1982, ch 307, §60; SL 1988, ch 291, §23.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 06D - Uranium Exploration › Section 45-6D-61 - Operation without permit--Civil penalty.

45-6D-61. Operation without permit--Civil penalty.
A person who operates a uranium exploration operation without a valid permit issued pursuant to the provisions of this chapter is subject to a civil penalty of not less than one thousand dollars per day nor more than five thousand dollars per day during which such violation occurs.
Source:
SL 1982, ch 307, §61.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 06D - Uranium Exploration › Section 45-6D-62 - Refusal of access or interference with inspection as violation.

45-6D-62. Refusal of access or interference with inspection as violation.
It is a violation of a uranium exploration operation permit's terms and conditions to refuse entry or access to any authorized representative of the Board of Minerals and Environment who, after presenting appropriate credentials requests entry for the purpose of inspection under this chapter; nor may any person obstruct, hamper, or interfere with any such investigation. If requested, the operator of the uranium exploration site shall receive a report setting forth the observations made by the person making the inspection which relate to compliance with this chapter.
Source:
SL 1982, ch 307, §62; SL 2011, ch 165, §222.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 06D - Uranium Exploration › Section 45-6D-63 - Jurisdiction and authority of board--Employment of personnel--Legal services provided by attorney general.

45-6D-63. Jurisdiction and authority of board--Employment of personnel--Legal services provided by attorney general.
The Board of Minerals and Environment shall carry out and administer the provisions of this chapter. The board has jurisdiction and authority over all persons and property, public and private, necessary to enforce the provisions of this chapter. The Department of Agriculture and Natural Resources may employ agents, employees, and consultants, permanent and temporary, as it may require and shall determine their qualifications, duties, and compensation. The board may call upon the attorney general of the state for such legal services as it may require.
Source: SL 1982, ch 307, §63; SL 2021, ch 1 (Ex. Ord.
21-3
), § 53, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 06D - Uranium Exploration › Section 45-6D-64 - Assistance provided by other departments and agencies.

45-6D-64. Assistance provided by other departments and agencies.
The Department of Agriculture and Natural Resources, the Department of Game, Fish and Parks, the Department of Education, the commissioner of school and public lands, and local conservation districts shall furnish the Board of Minerals and Environment, as far as practicable, whatever data and technical assistance the board may request and deem necessary for the performance of total reclamation and enforcement duties.
Source: SL 1982, ch 307, §64; SL 2003, ch 272 (Ex. Ord. 03-1), §63; SL 2011, ch 165, §223; SL 2021, ch 1 (Ex. Ord.
21-3
), §§ 14, 53, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 06D - Uranium Exploration › Section 45-6D-65 - General powers of board.

45-6D-65. General powers of board.
The Board of Minerals and Environment has the following powers, duties, and functions:
(1)To administer oaths or affirmations, subpoena witnesses, and compel their attendance at a hearing;
(2)To accept gifts, contributions, federal grants-in-aid, or financial aid from any other source for accomplishing plugging and reclamation;
(3)To carry out plugging of test holes and reclamation of affected lands.
Source:
SL 1982, ch 307, §65.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 06D - Uranium Exploration › Section 45-6D-66 - Specifications regarding application of chapter to new and prior operations.

45-6D-66. Specifications regarding application of chapter to new and prior operations.
Permits for uranium exploration operations shall be obtained as specified below:
(1)After July 1, 1982, any operator proposing to engage in a new uranium exploration operation must first obtain a permit pursuant to the provisions of this chapter;
(2)Applications for exploration operation permits filed under the provisions of chapter 45-6A prior to and pending on July 1, 1982, shall be processed in accordance with the provisions of this chapter;
(3)Exploration permits granted under the provisions of chapter 45-6A prior to July 1, 1982, are valid permits for purposes of this chapter and are subject to the provisions of this chapter for the purpose of renewal.
Source:
SL 1982, ch 307, §66.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 06D - Uranium Exploration › Section 45-6D-67 - Confidentiality period of certain mineral exploration reports.

45-6D-67. Confidentiality period of certain mineral exploration reports.
Any written geologic report, aquifer penetration report, map, test hole log, or other information relative to the geologic data, size, extent, or economic value of a mineral deposit filed with the state by a person who conducted a mineral exploration operation which was initiated or permitted before July 1, 1982, is confidential for a period of six months following July 1, 2008. Any person who filed such reports or information may request the secretary of agriculture and natural resources, in writing, to extend the six month confidentiality period by up to five years. The information becomes public following the confidentiality period.
Source: SL 2008, ch 229, §2; SL 2021, ch 1 (Ex. Ord.
21-3
), § 53, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 07 - Mineral, Oil And Gas Leases › Section 45-7-1 - Discharge and cancellation of record of lease--Marginal entry on record.

45-7-1. Discharge and cancellation of record of lease--Marginal entry on record.
Any oil and gas or mining lease that has been or may hereafter be recorded in the office of the register of deeds of any county may be discharged and canceled of record by an entry on the margin of the record thereof signed by the lease owner of record, or his duly authorized attorney in fact or personal representative, or if a corporation, by its duly authorized officers, surrendering all of his right, title, and interest in and to said lease, in the presence of the register of deeds or his deputy who shall subscribe the same as witness.
Source:
SL 1941, ch 180, §2; SDC Supp 1960, §42.0813.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 07 - Mineral, Oil And Gas Leases › Section 45-7-2 - Discharge and cancellation by endorsement on original lease--Entry on margin of record.

45-7-2. Discharge and cancellation by endorsement on original lease--Entry on margin of record.
Any oil and gas or mining lease that has been or may hereafter be recorded in the office of the register of deeds of any county may be discharged and canceled by an endorsement made on the original lease signed by the lease owner or his duly authorized attorney in fact or personal representative, or if a corporation, by its duly authorized officers, surrendering his right, title, and interest in and to said lease, which endorsement shall be entered on the margin of the record thereof at such time as the lease containing the endorsement is submitted to the register of deeds or his deputy.
Source:
SL 1941, ch 180, §3; SDC Supp 1960, §42.0814.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 07 - Mineral, Oil And Gas Leases › Section 45-7-3 - Expiration or forfeiture of lease--Release of record.

45-7-3. Expiration or forfeiture of lease--Release of record.
When an oil, gas, or other mineral lease heretofore or hereafter given on lands situated in any county of South Dakota and recorded therein shall expire or become forfeited, it shall be the duty of the record owner of the lease, within fifteen days after the date of the forfeiture or expiration of any lease, to have such lease surrendered in writing, such surrender to be signed by the party making the same, acknowledged and placed of record in the county where the leased land is situated, without cost to the landowner or the owner of the mineral rights.
Source:
SL 1941, ch 180, §1; SL 1943, ch 154; SDC Supp 1960, §42.0812.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 07 - Mineral, Oil And Gas Leases › Section 45-7-4 - Demand for release--Service upon lease owner of record--Form.

45-7-4. Demand for release--Service upon lease owner of record--Form.
If the record owner of the lease shall fail or neglect to execute and record such surrender within the time provided for, then the owner of said land or mineral rights may serve upon the lease owner of record in person, or by registered or certified letter mailed to his address as disclosed by the lease or assignment under which he holds, or in the absence thereof, by publication for two consecutive weeks in a newspaper of general circulation in the county where the land is situated, a notice in writing in substantially the following form:
To __________:
I, the undersigned owner of the following described land situated in ____ county, South Dakota, to wit:
(Description of land)
upon which a lease dated ____ day of ____, 20__, was given to: ____, do hereby notify you that said lease has expired or has become forfeited and that I hereby elect to declare, and do declare, the said lease forfeited and void, and that unless, within thirty days from the date of service, mailing or first publication of this notice, you notify the register of deeds of said county as provided by law that said lease has not been forfeited or has not expired, I will file with the said register of deeds an affidavit of forfeiture as provided by law; and I hereby demand that you execute, or have executed, a proper surrender of said lease and that you put the same of record in the office of the register of deeds of said county within said thirty-day period.
Dated this ____ day of ____, 20__.
______________________________.
Source:
SL 1941, ch 180, §1; SL 1943, ch 154; SDC Supp 1960, §42.0812.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 07 - Mineral, Oil And Gas Leases › Section 45-7-5 - Affidavit as to demand for release--Filing with register of deeds.

45-7-5. Affidavit as to demand for release--Filing with register of deeds.
The owner of said land or the owner of the mineral rights may then file with the register of deeds of the county where said land is situated, an affidavit setting forth that affiant is the owner of said land or mineral rights; that the lease has expired or become forfeited, reciting the facts constituting such expiration or forfeiture; and setting out in said affidavit a copy of the notice served as provided in §45-7-4 and the manner and time of the service thereof.
Source:
SL 1941, ch 180, §1; SL 1943, ch 154; SDC Supp 1960, §42.0812.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 07 - Mineral, Oil And Gas Leases › Section 45-7-6 - Action by owner of lease to determine rights--Lis pendens notice--Affidavit as to demand for release not recorded.

45-7-6. Action by owner of lease to determine rights--Lis pendens notice--Affidavit as to demand for release not recorded.
If the owner of the lease shall, within the thirty-day period provided by the notice pursuant to §45-7-4, commence an action against the owner of said land or mineral rights to determine all rights under said lease and file for record a notice of pendency of said action, then the said affidavit shall not be recorded, but the register of deeds shall notify the owner of the land or mineral rights of the action of the lease owner.
Source:
SL 1941, ch 180, §1; SL 1943, ch 154; SDC Supp 1960, §42.0812.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 07 - Mineral, Oil And Gas Leases › Section 45-7-7 - Affidavit as to demand for release--Recording by register of deeds, effect.

45-7-7. Affidavit as to demand for release--Recording by register of deeds, effect.
If the lease owner shall not commence the action and file for record a notice of pendency of said action as provided in §45-7-6, then at the expiration of the said thirty-day period, the register of deeds shall record said affidavit and thereafter said lease shall not affect the merchantability of the title to said land or mineral rights and the record of said lease shall not be notice to the public of the existence of said lease or of any interest therein or rights thereunder, and said record shall not be received in evidence in any court of the state on behalf of the lease owner against the lessor, his successors, or assigns.
Source:
SL 1941, ch 180, §1; SL 1943, ch 154; SDC Supp 1960, §42.0812.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 07 - Mineral, Oil And Gas Leases › Section 45-7-8 - Action to obtain release--Damages--Attorney fees.

45-7-8. Action to obtain release--Damages--Attorney fees.
The owner of said land or the owner of the mineral rights may, after thirty days have expired from the time of the service of the demand as set forth in §45-7-4, in lieu of the filing of his affidavit, commence an action against the owner of such lease upon his neglect or refusal to execute a release as provided by this chapter in any court of competent jurisdiction, to obtain such release, and he may also recover in such action of the lessee, his successors, or assigns, together with court costs including a reasonable attorney's fee for preparing and prosecuting the suit, in addition to the damages suffered by him as the proximate result of such neglect or refusal to execute a release as herein provided.
Source:
SDC Supp 1960, §42.0812 as added by SL 1965, ch 176.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 07 - Mineral, Oil And Gas Leases › Section 45-7-9 - Extension of lease on occurrence of contingency--Effect--Recording.

45-7-9. Extension of lease on occurrence of contingency--Effect--Recording.
If any oil, gas, or mineral lease contains a statement of any contingency, the occurrence of which extends the lease for either a specified or an unspecified period of time, and that contingency has taken place, that lease may not be discharged or cancelled under the provisions of this chapter until the period of extension has run or until the contingency has ceased. Any such extension caused by reason of production shall be recorded by the lessee by filing an affidavit of production with the records of the property being leased in the office of the register of deeds.
Source:
SL 1985, ch 342.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 09 - Oil And Gas Conservation › Section 45-9-1 - Purpose of chapter--Development of oil and gas resources.

45-9-1. Purpose of chapter--Development of oil and gas resources.
It is hereby declared that it is in the public interest to foster, to encourage, and to promote the development, production, and utilization of natural resources of oil and gas in the State of South Dakota in such a manner as will prevent waste; to authorize and to provide for the operation and development of oil and gas properties in such a manner that a greater ultimate recovery of oil and gas be had and that the correlative rights of all owners be fully protected; and to encourage, to authorize, and to provide for cycling, recycling, pressure maintenance, and secondary recovery operations in order that the greatest possible economic recovery of oil and gas be obtained within the state to the end that the landowners, the royalty owners, the producers, and the general public realize and enjoy the greatest possible good from these vital natural resources.
Source:
SL 1961, ch 211, §1.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 09 - Oil And Gas Conservation › Section 45-9-3 - Waste of oil and gas prohibited--Production of gas in conjunction with water excluded from coverage of chapter.

45-9-3. Waste of oil and gas prohibited--Production of gas in conjunction with water excluded from coverage of chapter.
The waste of oil and gas is prohibited. However, the production of gas for personal use in conjunction with the production of water insofar as such gas comes from the water-bearing formations is expressly excluded from the coverage of this chapter.
Source:
SL 1929, ch 202, §1; SDC 1939, §42.0601; SL 1943, ch 153, §5; SDC Supp 1960, §42.0705; SL 1961, ch 211, §1; SL 2007, ch 255, §1.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 09 - Oil And Gas Conservation › Section 45-9-4 - Application to drill oil or gas well--Permit--Rules and regulations of board--Fee, disposition--Agreement with surface owner.

45-9-4. Application to drill oil or gas well--Permit--Rules and regulations of board--Fee, disposition--Agreement with surface owner.
Without limiting its general authority, the Board of Minerals and Environment, by rules promulgated pursuant to chapter 1-26, may require or may delegate to the secretary, specific authority to require that an operator drilling a well for oil or gas shall first file an application to drill with the secretary and obtain a permit from the secretary before drilling. The operator shall pay a fee of one hundred dollars which shall be placed in the environment and natural resources fee fund established pursuant to §1-41-23. In addition, the board shall require the applicant to certify that an agreement with the landowner or lessee is being negotiated regarding compensation for damages to livestock and surface land resulting from drilling operations.
Source:
SDC Supp 1960, §42.0707 as enacted by SL 1961, ch 211, §1; SL 1965, ch 175; SL 1974, ch 284, §1; SL 1979, ch 296, §5; SL 1982, ch 308, §1; SL 1983, ch 312; SL 1994, ch 23, §9; SL 2021, ch 1 (Ex. Ord. 21-3), §14, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 09 - Oil And Gas Conservation › Section 45-9-5 - Identification of ownership of facilities for producing oil or gas.

45-9-5. Identification of ownership of facilities for producing oil or gas.
Without limiting its general authority, the Board of Minerals and Environment may require, or may delegate to the secretary of agriculture and natural resources, specific authority to require identification of ownership of oil or gas wells, producing leases, tanks, plants, structures, and facilities for the transportation or refining of oil and gas.
Source: SL 1943, ch 153, §6; SDC Supp 1960, §42.0706 (3) (i); SDC Supp 1960, §42.0706 (4) (a) (1) as enacted by SL 1961, ch 211, §1; SL 2011, ch 165, §224; SL 2021, ch 1 (Ex. Ord.
21-3
), § 53, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 09 - Oil And Gas Conservation › Section 45-9-6 - Testing of oil and gas wells.

45-9-6. Testing of oil and gas wells.
Without limiting its general authority, the Board of Minerals and Environment may require, or may delegate to the secretary of agriculture and natural resources, specific authority to require the taking of tests of oil or gas wells.
Source: SDC Supp 1960, §42.0706 (4) (a) (4) as enacted by SL 1961, ch 211, §1; SL 2011, ch 165, §225; SL 2021, ch 1 (Ex. Ord.
21-3
), § 53, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 09 - Oil And Gas Conservation › Section 45-9-7 - Separation of production from wells--Gaseous and liquid hydrocarbons--Measurement.

45-9-7. Separation of production from wells--Gaseous and liquid hydrocarbons--Measurement.
The Board of Minerals and Environment may require, or may delegate to the secretary, specific authority to require that the production from wells be separated into gaseous and liquid hydrocarbons, and that each be accurately measured by such means and upon such standards as may be prescribed by the board in rules promulgated pursuant to chapter 1-26.
Source:
SDC Supp 1960, §42.0706 (4) (a) (6) as enacted by SL 1961, ch 211, §1; SL 1993, ch 256, §45.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 09 - Oil And Gas Conservation › Section 45-9-8 - Classification of wells.

45-9-8. Classification of wells.
Without limiting its general authority, the Board of Minerals and Environment may classify, or may delegate to the secretary of agriculture and natural resources, specific authority to classify wells as oil or gas wells for purposes material to the interpretation or enforcement of this chapter.
Source: SDC Supp 1960, §42.0706 (4) (d) as enacted by SL 1961, ch 211, §1; SL 2011, ch 165, §226; SL 2021, ch 1 (Ex. Ord.
21-3
), § 53, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 09 - Oil And Gas Conservation › Section 45-9-9 - Metering or measuring of oil, gas, or product.

45-9-9. Metering or measuring of oil, gas, or product.
Without limiting its general authority, the Board of Minerals and Environment may require, or may delegate to the secretary of agriculture and natural resources, specific authority to require metering or other measuring of oil, gas, or product.
Source: SDC Supp 1960, §42.0706 (4) (a) (8) as enacted by SL 1961, ch 211, §1; SL 2011, ch 165, §227; SL 2021, ch 1 (Ex. Ord.
21-3
), § 53, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 09 - Oil And Gas Conservation › Section 45-9-10 - Operation of wells with inefficient gas-oil or water-oil ratios.

45-9-10. Operation of wells with inefficient gas-oil or water-oil ratios.
Without limiting its general authority, the Board of Minerals and Environment may require, or may delegate to the secretary of agriculture and natural resources, specific authority to require that wells not be operated with inefficient gas-oil or water-oil ratios, and to fix their ratios, and to limit production from wells with inefficient gas-oil or water-oil ratios.
Source: SL 1943, ch 153, §6; SDC Supp 1960, §42.0706 (3) (f); SDC Supp 1960, §42.0706 (4) (a) (7) as enacted by SL 1961, ch 211, §1; SL 2011, ch 165, §228; SL 2021, ch 1 (Ex. Ord.
21-3
), § 53, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 09 - Oil And Gas Conservation › Section 45-9-11 - Operations for production of oil or gas, regulation by board.

45-9-11. Operations for production of oil or gas, regulation by board.
The Board of Minerals and Environment shall promulgate rules pursuant to chapter 1-26 to regulate or to provide for:
(1)The drilling, producing, and plugging of wells, and all other operations for the production of oil or gas;
(2)The shooting and chemical or physical treatment of wells;
(3)The spacing or locating of wells;
(4)Operations 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
(5)Disposal of salt water and oil field wastes.
The board may delegate to the secretary of agriculture and natural resources the authority to monitor and enforce compliance with rules promulgated pursuant to this section.
Source: SL 1925, ch 250, §2; SDC 1939, §42.0603; SL 1943, ch 153, §6; SDC Supp 1960, §42.0706 (3); SDC Supp 1960, §42.0706 (4) (b) as enacted by SL 1961, ch 211, §1; SL 1993, ch 256, §46; SL 2021, ch 1 (Ex. Ord.
21-3
), § 53, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 09 - Oil And Gas Conservation › Section 45-9-12 - Production of oil and gas from field, pool, or area where physical waste created.

45-9-12. Production of oil and gas from field, pool, or area where physical waste created.
Without limiting its general authority, the Board of Minerals and Environment may regulate, or may delegate to the secretary of agriculture and natural resources, specific authority to regulate the production of oil and gas from any field, pool, or area, where physical waste is created.
Source: SDC Supp 1960, §42.0706 (4) (c) as enacted by SL 1961, ch 211, §1; SL 2011, ch 165, §229; SL 2021, ch 1 (Ex. Ord.
21-3
), § 53, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 09 - Oil And Gas Conservation › Section 45-9-13 - Administration of chapter by board--Rules and orders to prevent waste, protect correlative rights and govern procedure before board.

45-9-13. Administration of chapter by board--Rules and orders to prevent waste, protect correlative rights and govern procedure before board.
The Board of Minerals and Environment shall promulgate rules pursuant to chapter 1-26 and issue orders reasonably necessary to prevent waste, to protect correlative rights, to govern the practice or procedure before the board, and otherwise to administer this chapter. The board may delegate to the secretary of agriculture and natural resources the authority to enforce any rules or orders promulgated or issued pursuant to this section.
Source: SL 1943, ch 153, §6; SDC Supp 1960, §42.0706 (3); SDC Supp 1960, §42.0706 (4) (e) as enacted by SL 1961, ch 211, §1; SL 1993, ch 256, §47; SL 2021, ch 1 (Ex. Ord.
21-3
), § 53, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 09 - Oil And Gas Conservation › Section 45-9-14 - Prevention of oil or gas escape, intrusion of water, pollution of fresh-water supplies, and blowouts, cavings, seepages, and fires.

45-9-14. Prevention of oil or gas escape, intrusion of water, pollution of fresh-water supplies, and blowouts, cavings, seepages, and fires.
Without limiting its general authority, the Board of Minerals and Environment may require, or may delegate to the secretary of agriculture and natural resources, specific authority to require the drilling, casing, operation, and plugging of wells in such manner as to prevent:
(1)Reasonably preventable escape of oil or gas out of one pool into another;
(2)The detrimental intrusion of water into an oil or gas pool that is avoidable by efficient operations;
(3)The pollution of fresh-water supplies by oil, gas, or salt water; and
(4)Blow-outs, cavings, seepages, and fires.
Source: SL 1925, ch 250, §2; SDC 1939, §42.0603; SL 1943, ch 153, §6; SDC Supp 1960, §42.0706 (3); SDC Supp 1960, §42.0706 (4) (a) (3) as enacted by SL 1961, ch 211, §1; SL 2011, ch 165, §230; SL 2021, ch 1 (Ex. Ord.
21-3
), § 53, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 09 - Oil And Gas Conservation › Section 45-9-15 - Plugging and performance bond for wells--Amount--Conditions.

45-9-15. Plugging and performance bond for wells--Amount--Conditions.
Without limiting its general authority, the board may require, or may delegate to the secretary of agriculture and natural resources specific authority to require, the furnishing of a plugging and performance bond in the amount of fifty thousand dollars or an amount sufficient to guarantee the costs of well site reclamation, or one hundred thousand dollars blanket, with good and sufficient surety, conditioned for the performance of the duty to plug each dry or abandoned well, to restore the premises, insofar as possible, to the condition that existed before the filing of the application to drill; and conditioned on the proper performance of all of the requirements of §§45-9-5 to 45-9-18, inclusive. The condition of the bond relating to restoration of the surface is met if the landowner or lessee and the producer or driller adopt a different plan approved by the board. The board may require additional bond if the circumstances require.
Source: SL 1943, ch 153, §6; SL 1959, ch 244; SDC Supp 1960, §42.0706 (3) (a); SDC Supp 1960, §42.0706 (4) (a) (5) as enacted by SL 1961, ch 211, §1; SL 1979, ch 296, §1; SL 2011, ch 165, §231; SL 2013, ch 227, §1; SL 2020, ch 193, § 1; SL 2021, ch 1 (Ex. Ord.
21-3
), § 53, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 09 - Oil And Gas Conservation › Section 45-9-15.2 - Application date of bond requirements.

45-9-15.2. Application date of bond requirements.
The bond requirements in §45-9-15 do not apply to any wells permitted or drilled prior to July 1, 2013, unless the well is sold or transferred after July 1, 2013.
Source:
SL 2013, ch 227, §3.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 09 - Oil And Gas Conservation › Section 45-9-15.3 - Supplemental plugging and performance bond--Idle wells--Amount.

45-9-15.3. Supplemental plugging and performance bond--Idle wells--Amount.
Without limiting its general authority, the board may require, or may delegate to the secretary of agriculture and natural resources specific authority to require, the furnishing of a supplemental plugging and performance bond in the amount of twenty thousand dollars or an amount sufficient to guarantee the costs of well site reclamation for any oil and gas well that does not produce or otherwise remains unused for more than six months.
Source: SL 2020, ch 193, § 2; SL 2021, ch 1 (Ex. Ord.
21-3
), § 53, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 09 - Oil And Gas Conservation › Section 45-9-16 - Recordkeeping by producers, handlers, and processors of the quantities of oil or gas--Examination.

45-9-16. Recordkeeping by producers, handlers, and processors of the quantities of oil or gas--Examination.
Without limiting its general authority, the Board of Minerals and Environment may require, or may delegate to the secretary of agriculture and natural resources, specific authority to require that every person who produces, sells, purchases, acquires, stores, transports, refines, or processes oil or gas in this state keep and maintain complete and accurate records of the quantities of the oil or gas. The records shall be available for examination by the board or its agents upon request.
Source: SDC Supp 1960, §42.0706 (4) (a) (9) as enacted by SL 1961, ch 211, §1; SL 2011, ch 165, §233; SL 2021, ch 1 (Ex. Ord.
21-3
), § 53, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 09 - Oil And Gas Conservation › Section 45-9-17 - Reports or plats--Filing with board.

45-9-17. Reports or plats--Filing with board.
Without limiting its general authority, the Board of Minerals and Environment may require, or may delegate to the secretary of agriculture and natural resources, specific authority to require the filing with the board of reports or plats that it may prescribe.
Source: SDC Supp 1960, §42.0706 (4) (a) (10) as enacted by SL 1961, ch 211, §1; SL 2011, ch 165, §234; SL 2021, ch 1 (Ex. Ord.
21-3
), § 53, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 09 - Oil And Gas Conservation › Section 45-9-18 - Mechanical well logs, surveys and reports on well location, drilling, and production--Samples, core chips, and complete cores--Filing--Exploratory wells.

45-9-18. Mechanical well logs, surveys and reports on well location, drilling, and production--Samples, core chips, and complete cores--Filing--Exploratory wells.
Without limiting its general authority, the Board of Minerals and Environment may require, or may delegate to the secretary of agriculture and natural resources, specific authority to require the filing of all mechanical well logs, directional surveys, and reports on well location, drilling, and production with the secretary within thirty days after the completion or abandonment of the well. The board may also require the filing free of charge of samples and core chips and of complete cores, if taken, and if requested, with the secretary within six months after the completion or abandonment of the well. However, the log and samples and cores of an exploratory or wildcat well may, upon written request by the operator, be held confidential until six months after the completion of the well.
Source: SL 1925, ch 250, §2; SDC 1939, §42.0603; SL 1943, ch 153, §6; SDC Supp 1960, §42.0706 (3); SDC Supp 1960, §42.0706 (4) (a) (2) as enacted by SL 1961, ch 211, §1; SL 2011, ch 165, §235; SL 2021, ch 1 (Ex. Ord.
21-3
), § 53, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 09 - Oil And Gas Conservation › Section 45-9-19 - False representations as perjury--Drilling without permit as misdemeanor.

45-9-19. False representations as perjury--Drilling without permit as misdemeanor.
Any person:
(1)Who intentionally falsely swears or affirms to a matter when an oath or affirmation is required by this chapter or by a rule or order of the Department of Water and Natural Resources authorized by this chapter;
(2)Who, for the purpose of evading a rule or order authorized by this chapter, intentionally makes or causes to be made a false entry or statement of fact in a report required to be made by this chapter, or by a rule or order authorized by this chapter; or
(3)Who makes or causes to be made a false entry in an account, record, or memorandum required to be kept by this chapter or a rule or order authorized by this chapter;
is guilty of perjury.
Any person who commences an operation for the drilling of a well for oil or gas without filing with the Department of Agriculture and Natural Resources an application to drill, and without obtaining a permit from the department to drill, is guilty of a Class 1 misdemeanor.
Source: SL 1943, ch 153, §14; SDC Supp 1960, §42.9908; SL 1961, ch 211, §2; SL 1983, ch 15, §23; SL 2021, ch 1 (Ex. Ord.
21-3
), § 53, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 09 - Oil And Gas Conservation › Section 45-9-20 - Spacing units for a pool--Purposes--Establishment by board--Exception.

45-9-20. Spacing units for a pool--Purposes--Establishment by board--Exception.
When necessary to prevent waste, to avoid the drilling of unnecessary wells, or to protect correlative rights, the Board of Minerals and Environment shall establish spacing units for a pool, except in those pools which, prior to July 1, 1961, have been developed to such an extent that it would be impracticable or unreasonable to establish spacing units at the existing state of development.
Source:
SL 1953, ch 220, §1; SDC Supp 1960, §42.0706 (3) (o); SDC Supp 1960, §42.0708 (1) as enacted by SL 1961, ch 211, §1.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 09 - Oil And Gas Conservation › Section 45-9-21 - Spacing units for a pool--Size and shape, establishment by board, modifications and exceptions.

45-9-21. Spacing units for a pool--Size and shape, establishment by board, modifications and exceptions.
Except where circumstances reasonably require, spacing units shall be of approximately uniform size and shape for the entire pool. The Board of Minerals and Environment may establish spacing units of different sizes or shapes for different parts of a pool or may grant exceptions to the size or shape of any spacing unit or units or may change the size or shape of one or more existing spacing units.
Source:
SL 1953, ch 220, §1; SDC Supp 1960, §42.0706 (3) (o); SDC Supp 1960, §42.0708 (3) as enacted by SL 1961, ch 211, §1.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 09 - Oil And Gas Conservation › Section 45-9-22 - Spacing units to be sized and shaped for efficient development of pool--Minimum size.

45-9-22. Spacing units to be sized and shaped for efficient development of pool--Minimum size.
An order establishing spacing units shall specify the size and shape of the units, which will in the opinion of the Board of Minerals and Environment result in the efficient and economical development of the pool as a whole. The size of the spacing units may not be smaller than the maximum area that can be efficiently and economically drained by one well.
Source:
SL 1953, ch 220, §1; SDC Supp 1960, §42.0706 (3) (o) (1); SDC Supp 1960, §42.0708 (2) as enacted by SL 1961, ch 211, §1; SL 2011, ch 165, §236.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 09 - Oil And Gas Conservation › Section 45-9-23 - Spacing units for a pool--Production limited by waste--Order of board establishing, contents.

45-9-23. Spacing units for a pool--Production limited by waste--Order of board establishing, contents.
When production is limited due to physical waste, the Board of Minerals and Environment shall include in the order establishing spacing units 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.
Source:
SDC Supp 1960, §42.0708 (4) as enacted by SL 1961, ch 211, §1.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 09 - Oil And Gas Conservation › Section 45-9-24 - Spacing units of different sizes or shapes--Adjustment of allowable production.

45-9-24. Spacing units of different sizes or shapes--Adjustment of allowable production.
If spacing units of different sizes or shapes exist in a pool, the Board of Minerals and Environment shall, if necessary, and if production is limited due to physical waste, adjust the allowable production from any wells drilled in the pool so that each person entitled to a share of the production in each spacing unit has a reasonable opportunity to produce or receive his or her just and equitable share of the production.
Source:
SDC Supp 1960, §42.0708 (3) as enacted by SL 1961, ch 211, §1; SL 2011, ch 165, §237.