reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 09 - Oil And Gas Conservation › Section 45-9-25 - Hearing to establish spacing units--Establishment of temporary spacing units by board pending determination of ultimate spacing period.

45-9-25. Hearing to establish spacing units--Establishment of temporary spacing units by board pending determination of ultimate spacing period.
If, at the time of a hearing to establish spacing units there is not sufficient evidence from which to determine the area that can be efficiently and economically drained by one well, the Board of Minerals and Environment may make an order establishing temporary spacing units for the orderly development of the pool pending the obtaining of the information required to determine what the ultimate spacing should be.
Source:
SDC Supp 1960, §42.0708 (2) 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 45-9-26 - Order establishing spacing units for a pool--Size and shape of each unit--Location of permitted well--Exception for wells drilled or drilling at time of application.

45-9-26. Order establishing spacing units for a pool--Size and shape of each unit--Location of permitted well--Exception for wells drilled or drilling at time of application.
An order establishing spacing units for a pool shall specify the size and shape of each unit and the location of the permitted well thereon in accordance with a reasonable uniform spacing plan, with necessary exceptions for wells drilled or drilling at the time of the filing of the application.
Source:
SL 1953, ch 220, §1; SDC Supp 1960, §42.0706 (3) (o) (1); 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 45-9-27 - Drilling of well at other than prescribed location when authorized by secretary.

45-9-27. Drilling of well at other than prescribed location when authorized by secretary.
Upon application, if the secretary of agriculture and natural resources finds that a well drilled at the prescribed location would not be likely to produce in paying quantities, or that surface conditions would substantially add to the burden or hazard of drilling such wells or for other good cause shown, the secretary may permit the well to be drilled at a location other than that prescribed by the spacing order.
Source: SL 1953, ch 220, §1; SDC Supp 1960, §42.0706 (3) (o) (2); SDC Supp 1960, §42.0708 (4) as enacted by SL 1961, ch 211, §1; SL 1974, ch 284, §2; SL 2011, ch 165, §238; 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 45-9-28 - Scope of order establishing spacing units for a pool--Modification--Inclusion of additional area--Exclusion of land not underlaid by pool.

45-9-28. Scope of order establishing spacing units for a pool--Modification--Inclusion of additional area--Exclusion of land not underlaid by pool.
An order establishing spacing units for a pool shall cover all lands determined or believed to be underlaid by such pool, and may be modified by the Board of Minerals and Environment from time to time to include additional areas determined to be underlaid by such pool, or to exclude lands determined not to be underlaid by such pool.
Source:
SL 1953, ch 220, §1; SDC Supp 1960, §42.0706 (3) (o) (3); SDC Supp 1960, §42.0708 (5) 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 45-9-29 - Order establishing spacing units--Modification to prevent waste, avoidance of unnecessary wells, or to protect correlative rights.

45-9-29. Order establishing spacing units--Modification to prevent waste, avoidance of unnecessary wells, or to protect correlative rights.
When found necessary for the preventing of waste or to avoid the drilling of unnecessary wells, or to protect correlative rights, an order establishing spacing units in a pool may be modified by the Board of Minerals and Environment to increase the size of spacing units in the pools or any zone thereof, or to permit the drilling of additional wells on a reasonably uniform pattern in the pool.
Source:
SDC Supp 1960, §42.0708 (5) 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 45-9-30 - Two or more separately owned tracts or interests embraced within spacing unit--Pooling of interests.

45-9-30. Two or more separately owned tracts or interests embraced within spacing unit--Pooling of interests.
When two or more separately owned tracts are embraced within a spacing unit, or when there are separately owned interests in all or a part of the spacing unit, then the owners and royalty owners thereof may pool their interests for the development and operation of the spacing unit.
Source:
SL 1953, ch 220, §1; SDC Supp 1960, §42.0706 (3) (o) (5); SDC Supp 1960, §42.0709 (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 45-9-31 - Order pooling all interests in spacing unit--Application by interested person--Notice and hearing--Terms and conditions.

45-9-31. Order pooling all interests in spacing unit--Application by interested person--Notice and hearing--Terms and conditions.
In the absence of voluntary pooling, the Board of Minerals and Environment or the secretary, as applicable, upon the application of any interested person, shall enter an order pooling all interests in the spacing unit for the development and operation of the spacing unit, and for the sharing of production from the spacing unit. Each such pooling order shall be made after notice and opportunity for hearing, and shall be upon terms and conditions that are just and reasonable, and that afford to the owner of each tract or interest in the spacing unit the opportunity to recover or receive without unnecessary expense, his or her just and equitable share.
Source:
SL 1953, ch 220, §1; SDC Supp 1960, §42.0706 (3) (o) (5); SDC Supp 1960, §42.0709 (1) as enacted by SL 1961, ch 211, §1; SL 2011, ch 165, §239; SL 2012, ch 212, §1.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 09 - Oil And Gas Conservation › Section 45-9-32 - Operation of well--Rights of owners to participate--Payment of expenses.

45-9-32. Operation of well--Rights of owners to participate--Payment of expenses.
Each such pooling order shall authorize the drilling, equipping, and operation of a well on the spacing unit; shall provide who may drill and operate the well; shall prescribe the time and manner in which all the owners in the spacing unit may elect to participate in such well drilling, equipping, and operation; and shall provide for payment of the reasonable actual cost of the well drilling, equipping, and operation by all those who elect to participate, plus a reasonable charge for supervision and interest.
Source:
SL 1953, ch 220, §1; SDC Supp 1960, §42.0706 (3) (o) (6); SDC Supp 1960, §42.0709 (3) as enacted by SL 1961, ch 211, §1; SL 2011, ch 165, §240.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 09 - Oil And Gas Conservation › Section 45-9-33 - Alternative rights of owners--Surrender of leasehold interest to participating owners--Participation on a limited basis.

45-9-33. Alternative rights of owners--Surrender of leasehold interest to participating owners--Participation on a limited basis.
If requested, each such pooling order shall provide for one or more just and equitable alternatives whereby an owner who does not elect to participate in the risk and cost of the drilling and operation of a well may elect to surrender his or her leasehold interest to the participating owners on some reasonable basis and for a reasonable consideration. If such terms are not agreed upon, they shall be determined by the Board of Minerals and Environment. The owner may elect to participate in the drilling and operation of the well, on a limited or carried basis, upon terms and conditions determined by the board to be just and reasonable.
Source:
SL 1953, ch 220, §1; SDC Supp 1960, §42.0706 (3) (o) (6); SDC Supp 1960, §42.0709 (3) as enacted by SL 1961, ch 211, §1; SL 2011, ch 165, §241.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 09 - Oil And Gas Conservation › Section 45-9-34 - Spacing unit covered by pooling order--Definition of terms--Operations incident to the drilling of a well--Portion of production allocated to each tract.

45-9-34. Spacing unit covered by pooling order--Definition of terms--Operations incident to the drilling of a well--Portion of production allocated to each tract.
Operations incident to the drilling of a well upon any portion of a spacing unit covered by a pooling order shall be deemed, for all purposes, the conduct of such operations upon each separately owned tract in the drilling unit by the several owners thereof. That portion of the production allocated to each tract included in a spacing unit covered by a pooling order shall, when produced, be deemed for all purposes to have been produced from such tract by a well drilled thereon.
Source:
SL 1953, ch 220, §1; SDC Supp 1960, §42.0706 (3) (o) (5); SDC Supp 1960, §42.0709 (2) 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 45-9-35 - Rights of owners operating well or paying costs for benefit of another under pooling order--Share of production--Determination of costs by board.

45-9-35. Rights of owners operating well or paying costs for benefit of another under pooling order--Share of production--Determination of costs by board.
If any of the owners drills, equips, and operates, or pays the costs of drilling, equipping, and operating a well for the benefit of another person as provided for in an order of pooling, then the owner is entitled to the share of production from the spacing unit accruing to the interest of the other person, exclusive of a royalty not to exceed one-eighth of the production, until the market value of the other person's share of the production exclusive of the royalty, equals the sums payable by or charged to the interest of the other person. If there is a dispute as to the costs of drilling, equipping, or operating a well, the Board of Minerals and Environment shall determine the costs.
Source:
SL 1953, ch 220, §1; SDC Supp 1960, §42.0706 (3) (o) (5); SDC Supp 1960, §42.0709 (3) as enacted by SL 1961, ch 211, §1; SL 2011, ch 165, §242.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 09 - Oil And Gas Conservation › Section 45-9-36 - Well completed prior to pooling of interest in spacing unit--Sharing of production--Calculation of costs.

45-9-36. Well completed prior to pooling of interest in spacing unit--Sharing of production--Calculation of costs.
In instances where a well is completed prior to the pooling of interests in a spacing unit, the sharing of production shall be from the effective date of the pooling except that, in calculating costs, credit shall be given for the value of the owner's share of any prior production from the well.
Source:
SDC Supp 1960, §42.0709 (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 45-9-37 - Operation as unit of one or more pools--Consideration of need--Hearing.

45-9-37. Operation as unit of one or more pools--Consideration of need--Hearing.
The Board of Minerals and Environment upon its own motion or upon the application of any interested person shall provide an opportunity for a hearing to consider the need for the operation as a unit of one or more pools or parts thereof in a field.
Source:
SDC Supp 1960, §42.0710 (1) as enacted by SL 1961, ch 211, §1; SL 2012, ch 212, §2.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 09 - Oil And Gas Conservation › Section 45-9-38 - Findings of board requiring order for unit operation of a pool.

45-9-38. Findings of board requiring order for unit operation of a pool.
The Board of Minerals and Environment shall make an order providing for the unit operation of a pool or part thereof if it finds that:
(1)Such operation is reasonably necessary to increase substantially the ultimate recovery of oil or gas; and
(2)The value of the estimated additional recovery of oil or gas exceeds the estimated additional cost incident to conducting such operations.
Source:
SDC Supp 1960, §42.0710 (2) 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 45-9-39 - Order of board for unit operation of a pool--Terms and conditions--Prescribing plan of operation--Essential elements of plan.

45-9-39. Order of board for unit operation of a pool--Terms and conditions--Prescribing plan of operation--Essential elements of plan.
The order for unit operation shall be upon terms and conditions that are just and reasonable and shall prescribe a plan for unit operations that shall include:
(1)A description of the pool or pools or parts thereof to be so operated, termed the unit area;
(2)A statement of the nature of the operations contemplated;
(3)An allocation to the separately owned tracts in the unit area of the oil and gas that is produced from the unit area and is saved, being the production that is not used in the conduct of operations on the unit area or not unavoidably lost. The allocation shall be in accord with the agreement, if any, of the interested parties. If there is no such agreement, the Board of Minerals and Environment shall determine the relative value, from evidence introduced at the hearing, of the separately owned tracts in the unit area, exclusive of physical equipment, for development of oil and gas by unit operations, and the production allocated to each tract shall be the proportion that the relative values of each tract so determined bears to the relative value of all tracts in the unit area;
(4)A provision for the credits and charges to be made in the adjustment among the owners in the unit area for their respective investments in wells, tanks, pumps, machinery, materials, and equipment contributions to the unit operations;
(5)A provision providing how the costs of unit operations, including capital investments, shall be determined and charged to the separately owned tracts and how said costs shall be paid, including a provision when, how, and by whom the unit production allocated to an owner who does not pay the share of the cost of unit operations charged to such owner, or the interest of such owner, may be sold and the proceeds applied to the payment of such costs;
(6)A provision, if necessary, for carrying or otherwise financing any person who elects to be carried or otherwise financed, allowing a reasonable interest charge for such service payable out of such person's share of the production;
(7)A provision for the supervision and conduct of the unit operations in respect to which each person shall have a vote with a value corresponding to the percentage of the costs of unit operations chargeable against the interest of such person;
(8)The time when the unit operations shall commence, and the manner in which, and the circumstances under which, the unit operations shall terminate; and
(9)Such additional provisions that are found to be appropriate for carrying on the unit operations, and for the protection of correlative rights.
Source:
SDC Supp 1960, §42.0710 (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 45-9-40 - Order of board for unit operation of a pool--Not effective until approved by persons responsible for operating costs.

45-9-40. Order of board for unit operation of a pool--Not effective until approved by persons responsible for operating costs.
No order of the Board of Minerals and Environment providing for unit operations becomes effective unless and until the plan for unit operations prescribed by the board has been approved in writing by those persons who, under the board's order, shall be required to pay at least sixty percent of the cost of the unit operation, and also by the owners of at least sixty percent of the production or proceeds thereof that will be credited to interests which are free of cost, such as royalties, and production payments, and the board has made a finding, either in the order providing for unit operations or in a supplemental order, that the plan for unit operation has been so approved.
Source:
SDC Supp 1960, §42.0710 (4) as enacted by SL 1961, ch 211, §1; SL 2004, ch 273, §1.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 09 - Oil And Gas Conservation › Section 45-9-41 - Supplemental hearing on approval of plan for unit operation.

45-9-41. Supplemental hearing on approval of plan for unit operation.
If the plan for unit operations has not been approved as required by §45-9-40 at the time the order providing for unit operations is made, the Board of Minerals and Environment shall upon application and notice provide opportunity for supplemental hearings to determine if and when the plan for unit operations has been approved.
Source:
SDC Supp 1960, §42.0710 (4) as enacted by SL 1961, ch 211, §1; SL 2012, ch 212, §3.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 09 - Oil And Gas Conservation › Section 45-9-42 - Order of board for unit operation of a pool--Revocation when not approved by persons owning required percentage of interest.

45-9-42. Order of board for unit operation of a pool--Revocation when not approved by persons owning required percentage of interest.
If the persons owning the required percentage of interest in the unit area do not approve the plan for unit operations within a period of six months from the date on which the order providing for unit operations is made, such order shall be ineffective, and shall be revoked by the Board of Minerals and Environment unless for good cause shown the board extends such time.
Source:
SDC Supp 1960, §42.0710 (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 45-9-43 - Amendment of order for unit operations--Conditions.

45-9-43. Amendment of order for unit operations--Conditions.
An order providing for unit operations may be amended by an order made by the Board of Minerals and Environment in the same manner and subject to the same conditions as an original order providing for unit operations under the following conditions:
(1)If such an amendment affects only the rights and interests of the owners, the approval of the amendment by the royalty owners is not required; and
(2)No such order of amendment may change the percentage for allocation of oil and gas as established for any separately owned tract by the original order, except with the consent of all persons owning oil and gas rights in the tract, or change the percentage for the allocation of cost as established for any separately owned tract by the original order, except with the consent of all owners in the tract.
Source:
SDC Supp 1960, §42.0710 (5) as enacted by SL 1961, ch 211, §1; SL 2011, ch 165, §243.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 09 - Oil And Gas Conservation › Section 45-9-44 - Order of board for unit operation of a pool embraced in unit area established by prior order--Allocation of production.

45-9-44. Order of board for unit operation of a pool embraced in unit area established by prior order--Allocation of production.
The Board of Minerals and Environment, by an order, may provide for the unit operation of a pool or pools or parts thereof that embrace a unit area established by a previous order of the board. Such order, in providing for the allocation of unit production, shall first treat the unit area previously established as a single tract, and the portion of the unit production so allocated hereto shall then be allocated among the separately owned tracts included in such previously established unit area in the same proportions as those specified in the previous order.
Source:
SDC Supp 1960, §42.0710 (6) 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 45-9-45 - Order of Board of Minerals and Environment for unit operation on less than whole of a pool--Size and shape of unit area.

45-9-45. Order of Board of Minerals and Environment for unit operation on less than whole of a pool--Size and shape of unit area.
An order may provide for unit operations on less than the whole of a pool where the unit area is of such size and shape as may be reasonably required for that purpose, and the conduct thereof will have no adverse effect upon other portions of the pool.
Source:
SDC Supp 1960, §42.0710 (7) 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 45-9-46 - Operation of well upon unit area--Unit of production allocated to separately owned tract.

45-9-46. Operation of well upon unit area--Unit of production allocated to separately owned tract.
All operations, including the commencement, drilling, or operation of a well upon any portion of the unit area are deemed for all purposes the conduct of such operations upon each separately owned tract in the area by the several owners of the tracts. The portion of the unit production allocated to a separately owned tract in a unit area is, when produced, deemed, for all purposes, to have been actually produced from the tract by a well drilled on the tract.
Source:
SDC Supp 1960, §42.0710 (8) as enacted by SL 1961, ch 211, §1; SL 2011, ch 165, §244.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 09 - Oil And Gas Conservation › Section 45-9-47 - Order of board for unit operation--Express or implied obligations of contract covering land in unit area, fulfillment by conducting operations under order.

45-9-47. Order of board for unit operation--Express or implied obligations of contract covering land in unit area, fulfillment by conducting operations under order.
Operations conducted pursuant to an order of the Board of Minerals and Environment providing for unit operations shall constitute a fulfillment of all the express or implied obligations of each lease or contract covering lands in the unit area to the extent that compliance with such obligations cannot be had because of the order of the board.
Source:
SDC Supp 1960, §42.0710 (8) 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 45-9-48 - Order of Board of Minerals and Environment for unit operation--Ownership of portion of production allocated and proceeds of sale.

45-9-48. Order of Board of Minerals and Environment for unit operation--Ownership of portion of production allocated and proceeds of sale.
The portion of the unit production allocated to any tract, and the proceeds from the sale thereof, shall be the property and income of the several persons to whom, or to whose credit, the same are allocated or payable under the order providing for unit operations.
Source:
SDC Supp 1960, §42.0710 (9) 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 45-9-49 - Order for unit operations does not transfer title.

45-9-49. Order for unit operations does not transfer title.
Except to the extent that the parties affected agree, no order providing for unit operations may be construed to result in a transfer of any part of the title of any person to the oil and gas rights in any tract in the unit area.
Source:
SDC Supp 1960, §42.0710 (11) as enacted by SL 1961, ch 211, §1; SL 2011, ch 165, §245.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 09 - Oil And Gas Conservation › Section 45-9-50 - Contract for sale or purchase of production from separately owned tract not terminated.

45-9-50. Contract for sale or purchase of production from separately owned tract not terminated.
No division order or other contract relating to the sale or purchase of production from a separately owned tract may be terminated by the order providing for unit operations, but shall remain in force and apply to oil and gas allocated to the tract until terminated in accordance with the provisions of the order or contract.
Source:
SDC Supp 1960, §42.0710 (10) as enacted by SL 1961, ch 211, §1; SL 2011, ch 165, §246.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 09 - Oil And Gas Conservation › Section 45-9-51 - Rights of owners within unit area to property acquired in conduct of unit operation.

45-9-51. Rights of owners within unit area to property acquired in conduct of unit operation.
All property, whether real or personal, that may be acquired in the conduct of unit operations hereunder shall be acquired for the account of the owners within the unit area, and shall be the property of such owners in the proportion that the expenses of unit operations are charged.
Source:
SDC Supp 1960, §42.0710 (11) 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 45-9-52 - Agreement for cooperative development or operation of field or pool--Approval by board--Failure to submit for approval not evidence of antitrust law violation.

45-9-52. Agreement for cooperative development or operation of field or pool--Approval by board--Failure to submit for approval not evidence of antitrust law violation.
An agreement for the unit or cooperative development or operation of a field, pool, or part of the field or pool, may be submitted to the Board of Minerals and Environment for approval as being in the public interest or reasonably necessary to prevent waste or protect correlative rights. The approval constitutes a complete defense to any suit charging violation of any statute of the state relating to trusts and monopolies on account of the agreement or on account of operations conducted pursuant to the agreement. The failure to submit such an agreement to the board for approval does not for that reason imply or constitute evidence that the agreement or operations conducted pursuant to the agreement are in violation of laws relating to trusts and monopolies.
Source:
SDC Supp 1960, §42.0711 as enacted by SL 1961, ch 211, §1; SL 2011, ch 165, §247.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 09 - Oil And Gas Conservation › Section 45-9-53 - Lands to which chapter applies.

45-9-53. Lands to which chapter applies.
This chapter shall apply to all lands located in the state, however owned, including any lands owned or administered by any government or any agency or political subdivision thereof, excepting only such land as shall be specifically exempted by federal statute.
Source:
SDC Supp 1960, §42.0706 (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 45-9-54 - Enforcement of chapter--Jurisdiction of board.

45-9-54. Enforcement of chapter--Jurisdiction of board.
The Board of Minerals and Environment has jurisdiction and authority over all persons and property, public and private, necessary to enforce effectively the provisions of this chapter.
Source:
SL 1943, ch 153, §6; SDC Supp 1960, §42.0706 (1); SDC Supp 1960, §42.0706 (2) 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 45-9-55 - Investigations by board.

45-9-55. Investigations by board.
The Board of Minerals and Environment shall conduct investigations necessary to determine whether waste exists or is imminent or whether other facts exist that justify action by the board.
Source:
SL 1943, ch 153, §6; SDC Supp 1960, §42.0706 (2); SDC Supp 1960, §42.0706 (3) as enacted by SL 1961, ch 211, §1; SL 2011, ch 165, §248.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 09 - Oil And Gas Conservation › Section 45-9-56 - Authority of board to act--Upon its own motion--Petition of interested person.

45-9-56. Authority of board to act--Upon its own motion--Petition of interested person.
The Board of Minerals and Environment may act upon its own motion or upon the petition of any interested person.
Source:
SDC Supp 1960, §42.0712 (6) 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 45-9-58 - Notice of hearing--Service by mail or publication--Proof of service.

45-9-58. Notice of hearing--Service by mail or publication--Proof of service.
The notice of a hearing on any application made pursuant to this chapter shall be served either by certified mail or by publication in a newspaper of general circulation in the county where the affected land, or some part thereof, is situated. The applicant shall give notice of any hearing that may affect property interests by mailing the notice by certified mail, return receipt requested, to any person whose property may be affected by the hearing. As proof of service, the applicant shall file with the board an affidavit declaring that the notice was mailed and the certified mail return receipt. Any person who cannot be served notice by certified mail may be served notice of the hearing by publication.
Source:
SDC Supp 1960, §42.0712 (4) as enacted by SL 1961, ch 211, §1; SL 1985, ch 343; SL 2012, ch 212, §5.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 09 - Oil And Gas Conservation › Section 45-9-59 - Witnesses--Production of books and records.

45-9-59. Witnesses--Production of books and records.
The Board of Minerals and Environment may summon witnesses, administer oaths, and require the production of records, books, and documents for examination at any hearing or investigation conducted by it.
Source:
SL 1943, ch 153, §8; SDC Supp 1960, §42.0708 (1); SDC Supp 1960, §42.0713 (1) as enacted by SL 1961, ch 211, §1; SL 2011, ch 165, §249.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 09 - Oil And Gas Conservation › Section 45-9-60 - Noncompliance with subpoena--Refusal of witness to testify--Court order--Contempt.

45-9-60. Noncompliance with subpoena--Refusal of witness to testify--Court order--Contempt.
If any person refuses to comply with the subpoena issued by the Board of Minerals and Environment, or if any witness refuses to testify to any matter on which the witness may be interrogated and which is pertinent to the hearing or investigation, any circuit court in the state, upon the application of the board, may in term time or vacation issue an attachment for the person and compel the person to comply with the subpoena, and to appear before the board and produce such records, books, and documents for examination, and to give testimony. The court may punish for contempt as in the case of disobedience to a like subpoena issued by the court, or for refusal to testify in the case.
Source:
SL 1943, ch 153, §8; SDC Supp 1960, §42.0708 (2); SDC Supp 1960, §42.0713 (2) as enacted by SL 1961, ch 211, §1; SL 2011, ch 165, §250.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 09 - Oil And Gas Conservation › Section 45-9-64 - Emergency order of board--Issuance without notice or hearing--Promulgation--Termination.

45-9-64. Emergency order of board--Issuance without notice or hearing--Promulgation--Termination.
When an emergency requiring immediate action is found to exist the Board of Minerals and Environment is authorized to issue an emergency order without notice or hearing, which shall be effective upon promulgation. No emergency order shall remain effective for more than fifteen days.
Source:
SL 1943, ch 153, §7; SDC Supp 1960, §42.0707 (3); SDC Supp 1960, §42.0712 (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 45-9-67 - Appeal from rule, regulation, or order of board--Persons adversely affected--Procedure.

45-9-67. Appeal from rule, regulation, or order of board--Persons adversely affected--Procedure.
Any person adversely affected by any rule, regulation, or order of the Board of Minerals and Environment issued in pursuance to this chapter, may appeal therefrom by following the procedure set forth in chapter 1-26.
Source:
SL 1943, ch 153, §§9, 12; SDC Supp 1960, §§42.0709, 42.0712; SDC Supp 1960, §42.0716 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 45-9-68 - Violation of law, rule, regulation, or order--Civil penalty--Liability for damages to environment.

45-9-68. Violation of law, rule, regulation, or order--Civil penalty--Liability for damages to environment.
Any person who violates any provision of this chapter, or any rule, regulation, or order of the Board of Minerals and Environment is subject to a civil penalty of not more than five hundred dollars for each act of violation and for each day that such violation continues, or is liable for damages to the environment of this state, or both.
Source:
SDC Supp 1960, §42.0714 (1) as enacted by SL 1961, ch 211, §1; SL 1988, ch 291, §24.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 09 - Oil And Gas Conservation › Section 45-9-69 - Action by attorney general to recover civil penalties--Venue.

45-9-69. Action by attorney general to recover civil penalties--Venue.
The penalties provided in §45-9-68 shall be recoverable by suit filed by the attorney general in the name and on behalf of the State of South Dakota in the circuit court for the county in which the defendant resides, or if there be more than one defendant, in the circuit court for any county in which the violation occurred.
Source:
SDC Supp 1960, §42.0714 (2) 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 45-9-70 - Shutting down and sealing property or equipment by secretary for violation--Cancelation of lease or bond forfeiture.

45-9-70. Shutting down and sealing property or equipment by secretary for violation--Cancelation of lease or bond forfeiture.
The secretary of agriculture and natural resources, acting for the Board of Minerals and Environment, may shut down any operation and place under seal any property or equipment for failure to comply with the oil and gas law or rules, may enter upon any land and perform any operation that the operator fails to perform if ordered to do so in writing, and may recommend cancellation of any state lease and forfeiture under the bond for noncompliance with the applicable law, lease terms, and rules.
Source: SDC Supp 1960, §42.0715 (3) as enacted by SL 1961, ch 211, §1; SL 2011, ch 165, §251; 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 45-9-71 - Action for injunction--Service--Order.

45-9-71. Action for injunction--Service--Order.
If it appears that any person is violating or threatening to violate any provision of this chapter, or any rule or order of the Board of Minerals and Environment, and unless the board without litigation can effectively prevent violation or threat of violation, the board shall bring suit against the person in the circuit court for any county where the violation is occurring or is threatened, to restrain the person from continuing the violation or from carrying out the threat of violation. Upon the filing of any such suit, summons issued to the person may be directed to the sheriff of any county in this state for service by the sheriff. In any such suit, the court has jurisdiction to grant to the board, without bond or other undertaking, such prohibitory and mandatory injunctions as the facts may warrant, including temporary restraining orders and preliminary injunctions.
Source:
SL 1943, ch 153, §11; SDC Supp 1960, §42.0711; SDC Supp 1960, §42.0715 (1) as enacted by SL 1961, ch 211, §1; SL 2011, ch 165, §252.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 09 - Oil And Gas Conservation › Section 45-9-72 - Failure of board to enjoin violation on request of person adversely affected--Action for injunction by affected person.

45-9-72. Failure of board to enjoin violation on request of person adversely affected--Action for injunction by affected person.
If the Board of Minerals and Environment fails to bring suit to enjoin a violation or threatened violation of any provision of this chapter, or any rule or order of the board within ten days after receipt of written request to do so by any person who is or will be adversely affected by the violation, the person making the request may bring suit in the person's own behalf to restrain the violation or threatened violation in any court in which the board might have brought suit. The board shall be made a party defendant in the suit in addition to the person violating or threatening to violate a provision of this chapter, or rule or order of the board, and the action shall proceed and injunctive relief may be granted to the board without bond in the same manner as if suit had been brought by the board.
Source:
SDC Supp 1960, §42.0715 (2) as enacted by SL 1961, ch 211, §1; SL 2011, ch 165, §253.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 09 - Oil And Gas Conservation › Section 45-9-73 - Procedure for issuance, suspension, revocation, and renewal of permits--Hearing--Uncontested recommendation.

45-9-73. Procedure for issuance, suspension, revocation, and renewal of permits--Hearing--Uncontested recommendation.
The board, by rules adopted in compliance with chapter 1-26, may provide for the issuance, suspension, revocation, and renewal of any permits required under this chapter. Procedures shall provide for a recommendation on such permit by the secretary with an opportunity for a contested case hearing by the board on its own motion or upon protest by the applicant or any person. If the recommendation of the secretary is not contested, that recommendation shall become a final determination on the application. If an uncontested recommendation is for approval or conditional approval of the application, the permit shall be issued by the secretary consistent with the secretary's recommendation.
Source:
SL 1991, ch 288, §13; SL 1996, ch 262, §7.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 09 - Oil And Gas Conservation › Section 45-9-74 - Hearing on application for order under chapter--Notice--Contested case hearing--Procedure.

45-9-74. Hearing on application for order under chapter--Notice--Contested case hearing--Procedure.
The Board of Minerals and Environment shall provide an opportunity for public hearing, through public notice, on any application made for an order under this chapter. The notice shall comply with the provisions of chapter 1-26 and indicate, unless a person files a petition requesting a hearing by the deadline established in the notice, no hearing need be held. If held, the hearing shall be conducted in accordance with chapter 1-26. Any person who files a petition requesting a contested case hearing by the deadline established by the board shall be entitled to be heard during the hearing. The board shall enter its order within thirty days after the hearing. If no hearing is held, the applicant shall submit a proposed order to the secretary for review and approval.
Source:
SL 2012, ch 212, §7.
2023 South Dakota Codified Laws › Title 46 - Water Rights › Chapter 01 - Definitions And General Provisions › Section 46-1-1 - Use of water of state--Paramount interest of people--Conversion to public use.

46-1-1. Use of water of state--Paramount interest of people--Conversion to public use.
It is hereby declared that the people of the state have a paramount interest in the use of all the water of the state and that the state shall determine what water of the state, surface and underground, can be converted to public use or controlled for public protection.
Source:
SL 1955, ch 430, §1; SDC Supp 1960, §61.0101 (3).
2023 South Dakota Codified Laws › Title 46 - Water Rights › Chapter 01 - Definitions And General Provisions › Section 46-1-2 - Development of water resources for public benefit.

46-1-2. Development of water resources for public benefit.
It is hereby declared that the protection of the public interest in the development of the water resources of the state is of vital concern to the people of the state and that the state shall determine in what way the water of the state, both surface and underground, should be developed for the greatest public benefit.
Source:
SL 1955, ch 430, §1; SDC Supp 1960, §61.0101 (4); SL 1972, ch 237, §1; SL 1978, ch 323, §1.
2023 South Dakota Codified Laws › Title 46 - Water Rights › Chapter 01 - Definitions And General Provisions › Section 46-1-3 - Water as property of people--Appropriation of right to use.

46-1-3. Water as property of people--Appropriation of right to use.
It is hereby declared that all water within the state is the property of the people of the state, but the right to the use of water may be acquired by appropriation as provided by law.
Source:
SL 1955, ch 430, §1; SDC Supp 1960, §61.0101 (2); SL 1983, ch 314, §1.
2023 South Dakota Codified Laws › Title 46 - Water Rights › Chapter 01 - Definitions And General Provisions › Section 46-1-4 - Beneficial use of water resources--Prevention of waste--Right to water from natural stream or watercourse.

46-1-4. Beneficial use of water resources--Prevention of waste--Right to water from natural stream or watercourse.
It is hereby declared that, because of conditions prevailing in this state, the general welfare requires that the water resources of the state be put to beneficial use to the fullest extent of which they are capable, and that the waste or unreasonable method of use of water be prevented, and that the conservation of such water is to be exercised with a view to the reasonable and beneficial use of the water in the interest of the people and for the public welfare. The right to water or to the use or flow of water in or from any natural stream or watercourse in this state is limited to an amount of water reasonably required for the beneficial use to be served, and such right does not extend to the waste or unreasonable use or unreasonable method of diversion of water.
Source:
SL 1955, ch 430, §1; SDC Supp 1960, §61.0101 (1); SL 2011, ch 165, §254.
2023 South Dakota Codified Laws › Title 46 - Water Rights › Chapter 01 - Definitions And General Provisions › Section 46-1-5 - Domestic use of water takes precedence over appropriative rights--Governmental use.

46-1-5. Domestic use of water takes precedence over appropriative rights--Governmental use.
It is the established policy of this state:
(1)That the use of water for domestic purposes is the highest use of water and takes precedence over all appropriative rights, if it is exercised in a manner consistent with public interest as provided in §46-1-2;
(2)That the state may, through its institutions, facilities, and properties, and a water distribution system may acquire and hold rights to use water, which rights shall be protected to the fullest extent necessary for existing and future uses, but neither the state nor any water distribution system may acquire or hold any right to waste any water, to use water for other than its own purposes or to prevent the appropriation and application of water in excess of its reasonable and existing needs for useful purposes by other persons, subject to the rights of the state or a water distribution system to apply the water to use whenever necessity therefor exists.
Source:
SL 1955, ch 430, §1; SDC Supp 1960, §61.0101 (5); SL 1966, ch 259, §1; SL 1972, ch 237, §2; SL 1983, ch 314, §2.
2023 South Dakota Codified Laws › Title 46 - Water Rights › Chapter 01 - Definitions And General Provisions › Section 46-1-7 - Standards of measurement--Flow of water--Volume of water--Miner's inch.

46-1-7. Standards of measurement--Flow of water--Volume of water--Miner's inch.
The standard of the measurement of the flow of water shall be the cubic foot per second of time; and the standard of measurement of the volume of water shall be the acre-foot, being the amount of water upon an acre covered one foot deep, equivalent to forty-three thousand five hundred sixty cubic feet. The miner's inch shall be regarded as one-fiftieth of a cubic foot per second in all cases, except when some other equivalent of the cubic foot per second has been specially stated by the contract or has been established by actual measurement or use, or by court decree.
Source:
SDC 1939, §61.0138; SL 1955, ch 430, §1; SDC Supp 1960, §61.0124.
2023 South Dakota Codified Laws › Title 46 - Water Rights › Chapter 01 - Definitions And General Provisions › Section 46-1-8 - Beneficial use--Measure and limit of right to use of waters.

46-1-8. Beneficial use--Measure and limit of right to use of waters.
Beneficial use is the basis, the measure and the limit of the right to the use of waters described in this title.
Source:
SL 1955, ch 430, §1; SL 1955, ch 431, §1; SDC Supp 1960, §§61.0102 (6), 61.0401 (10).
2023 South Dakota Codified Laws › Title 46 - Water Rights › Chapter 01 - Definitions And General Provisions › Section 46-1-9 - Vested rights defined.

46-1-9. Vested rights defined.
The term, vested rights, used in this title means:
(1)The right of a riparian owner to continue to use water actually applied to any beneficial use on March 2, 1955, or within three years immediately before that date to the extent of the existing beneficial use made of the water;
(2)Use for domestic purposes as that term is defined in subdivision 46-1-6(7);
(3)The right of a riparian owner to take and use water for beneficial purposes if the riparian owner was engaged in the construction of works for the actual application of the water to a beneficial use on March 2, 1955, and if the works were completed and water was applied to use within a reasonable time thereafter;
(4)Rights granted before July 1, 1955, by court decree;
(5)Uses of water under diversions and applications of water before the passage of the 1907 water law and not subsequently abandoned or forfeited.
Source:
SL 1955, ch 430, §1; SDC Supp 1960, §61.0102 (7); SL 1983, ch 314, §9; SL 2011, ch 165, §255.
2023 South Dakota Codified Laws › Title 46 - Water Rights › Chapter 01 - Definitions And General Provisions › Section 46-1-10 - Vested rights acquired before July 1, 1955, validated.

46-1-10. Vested rights acquired before July 1, 1955, validated.
All vested rights as defined in §46-1-9 acquired before July 1, 1955, are hereby in all respects validated.
Source:
SL 1955, ch 430, §1; SDC Supp 1960, §61.0106.
2023 South Dakota Codified Laws › Title 46 - Water Rights › Chapter 01 - Definitions And General Provisions › Section 46-1-11 - Violations of water use laws as misdemeanors--Civil fine in addition--Each day as separate violation--Exemption of board and commission actions.

46-1-11. Violations of water use laws as misdemeanors--Civil fine in addition--Each day as separate violation--Exemption of board and commission actions.
Unless otherwise provided in this title, any person, firm, or corporation violating any of the provisions of chapters 46-4 to 46-10, inclusive, is guilty of a Class 2 misdemeanor. In addition, a civil fine of not more than five hundred dollars may be imposed for the violation. Each day of noncompliance with the provisions of this title shall be deemed a separate violation. Administrative actions of the department or Board of Water and Natural Resources, the Water Management Board, or the conservation commission are exempt from this section.
Source:
SL 1955, ch 430, §2; SL 1955, ch 431, §2; SDC Supp 1960, §§61.9920, 61.9921; SL 1977, ch 347, §1; SL 1981, ch 316, §11.